use and disclosure of Your information when You use the Service and tells You
about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance with
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
* Account means a unique account created for You to access our Service or
parts of our Service.
* Business , for the purpose of the CCPA (California Consumer Privacy Act),
refers to the Company as the legal entity that collects Consumers'
personal information and determines the purposes and means of the
processing of Consumers' personal information, or on behalf of which such
information is collected and that alone, or jointly with others,
determines the purposes and means of the processing of consumers' personal
information, that does business in the State of California.
* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Kiva Health Brands LLC, 99-1295 Waiua Pl. Unit B1.
* Consumer , for the purpose of the CCPA (California Consumer Privacy Act),
means a natural person who is a California resident. A resident, as
defined in the law, includes (1) every individual who is in the USA for
other than a temporary or transitory purpose, and (2) every individual who
is domiciled in the USA who is outside the USA for a temporary or
* Cookies are small files that are placed on Your computer, mobile device or
any other device by a website, containing the details of Your browsing
history on that website among its many uses.
* Country refers to: Hawaii, United States
* Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
* Do Not Track (DNT) is a concept that has been promoted by US regulatory
authorities, in particular the U.S. Federal Trade Commission (FTC), for
the Internet industry to develop and implement a mechanism for allowing
internet users to control the tracking of their online activities across
* Personal Data is any information that relates to an identified or
For the purposes of the CCPA, Personal Data means any information that
identifies, relates to, describes or is capable of being associated with,
or could reasonably be linked, directly or indirectly, with You.
* Sale , for the purpose of the CCPA (California Consumer Privacy Act),
means selling, renting, releasing, disclosing, disseminating, making
available, transferring, or otherwise communicating orally, in writing, or
by electronic or other means, a Consumer's Personal information to another
business or a third party for monetary or other valuable consideration.
* Service refers to the Website.
* Service Provider means any natural or legal person who processes the data
on behalf of the Company. It refers to third-party companies or
individuals employed by the Company to facilitate the Service, to provide
the Service on behalf of the Company, to perform services related to the
Service or to assist the Company in analyzing how the Service is used.
* Third-party Social Media Service refers to any website or any social
network website through which a User can log in or create an account to
use the Service.
* Usage Data refers to data collected automatically, either generated by the
use of the Service or from the Service infrastructure itself (for example,
the duration of a page visit).
* Website refers to Kiva, accessible from
* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally
identifiable information that can be used to contact or identify You.
Personally identifiable information may include, but is not limited to:
* Email address
* First name and last name
* Phone number
* Address, State, Province, ZIP/Postal code, City
* Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol
address (e.g. IP address), browser type, browser version, the pages of our
Service that You visit, the time and date of Your visit, the time spent on
those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect
certain information automatically, including, but not limited to, the type of
mobile device You use, Your mobile device unique ID, the IP address of Your
mobile device, Your mobile operating system, the type of mobile Internet
browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our
Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
Service and store certain information. Tracking technologies used are beacons,
tags, and scripts to collect and track information and to improve and analyze
You can instruct Your browser to refuse all Cookies or to indicate when a
Cookie is being sent. However, if You do not accept Cookies, You may not be
able to use some parts of our Service.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on
your personal computer or mobile device when You go offline, while Session
Cookies are deleted as soon as You close your web browser. Learn more about
cookies: [All About Cookies](https://www.
We use both session and persistent Cookies for the purposes set out below:
* Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services
available through the Website and to enable You to use some of its
features. They help to authenticate users and prevent fraudulent use of
user accounts. Without these Cookies, the services that You have asked for
cannot be provided, and We only use these Cookies to provide You with
* Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
on the Website.
* Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use
the Website, such as remembering your login details or language
preference. The purpose of these Cookies is to provide You with a more
personal experience and to avoid You having to re-enter your preferences
every time You use the Website.
* Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the
Website and how users use the Website. The information gathered via these
Cookies may directly or indirectly identify you as an individual visitor.
This is because the information collected is typically linked to a
pseudonymous identifier associated with the device you use to access the
Website. We may also use these Cookies to test new advertisements, pages,
features or new functionality of the Website to see how our users react to
For more information about the cookies we use and your choices regarding
cookies, please visit our Cookies Policy or the Cookies section of our Privacy
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
* To provide and maintain our Service , including to monitor the usage of
* To manage Your Account: to manage Your registration as a user of the
Service. The Personal Data You provide can give You access to different
functionalities of the Service that are available to You as a registered
* For the performance of a contract: the development, compliance and
undertaking of the purchase contract for the products, items or services
You have purchased or of any other contract with Us through the Service.
* To contact You: To contact You by email, telephone calls, SMS, or other
equivalent forms of electronic communication, such as a mobile
application's push notifications regarding updates or informative
communications related to the functionalities, products or contracted
services, including the security updates, when necessary or reasonable for
* To provide You with news, special offers and general information about
other goods, services and events which we offer that are similar to those
that you have already purchased or enquired about unless You have opted
not to receive such information.
* To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
* With Service Providers: We may share Your personal information with
Service Providers to monitor and analyze the use of our Service, for
payment processing, to contact You.
* For Business transfers: We may share or transfer Your personal information
in connection with, or during negotiations of, any merger, sale of Company
assets, financing, or acquisition of all or a portion of our business to
* With Affiliates: We may share Your information with Our affiliates, in
Affiliates include Our parent company and any other subsidiaries, joint
venture partners or other companies that We control or that are under
common control with Us.
* With Business partners: We may share Your information with Our business
partners to offer You certain products, services or promotions.
* With other users: when You share personal information or otherwise
interact in the public areas with other users, such information may be
viewed by all users and may be publicly distributed outside. If You
interact with other users or register through a Third-Party Social Media
Service, Your contacts on the Third-Party Social Media Service may see
Your name, profile, pictures and description of Your activity. Similarly,
other users will be able to view descriptions of Your activity,
communicate with You and view Your profile.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary
Personal Data to the extent necessary to comply with our legal obligations
(for example, if we are required to retain your data to comply with applicable
laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage
Data is generally retained for a shorter period of time, except when this data
is used to strengthen the security or to improve the functionality of Our
Service, or We are legally obligated to retain this data for longer time
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's
operating offices and in any other places where the parties involved in the
processing are located. It means that this information may be transferred to —
and maintained on — computers located outside of Your state, province, country
or other governmental jurisdiction where the data protection laws may differ
than those from Your jurisdiction.
information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data
of Your Personal Data will take place to an organization or a country unless
there are adequate controls in place including the security of Your data and
other personal information.
Disclosure of Your Personal Data
If the Company is involved in a merger, acquisition or asset sale, Your
Personal Data may be transferred. We will provide notice before Your Personal
Under certain circumstances, the Company may be required to disclose Your
Personal Data if required to do so by law or in response to valid requests by
public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such
action is necessary to:
* Comply with a legal obligation
* Protect and defend the rights or property of the Company
* Prevent or investigate possible wrongdoing in connection with the Service
* Protect the personal safety of Users of the Service or the public
* Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no
method of transmission over the Internet, or method of electronic storage is
100% secure. While We strive to use commercially acceptable means to protect
Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their
tasks on Our behalf and are obligated not to disclose or use it for any other
We may use third-party Service providers to monitor and analyze the use of our
* Google Analytics
Google Analytics is a web analytics service offered by Google that tracks
and reports website traffic. Google uses the data collected to track and
monitor the use of our Service. This data is shared with other Google
services. Google may use the collected data to contextualize and
personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to
Google Analytics by installing the Google Analytics opt-out browser add-
analytics.js and dc.js) from sharing information with Google Analytics
about visits activity.
For more information on the privacy practices of Google, please visit the
Google Privacy & Terms web page: <https://policies.google.com/
We may use Your Personal Data to contact You with newsletters, marketing or
promotional materials and other information that may be of interest to You.
You may opt-out of receiving any, or all, of these communications from Us by
following the unsubscribe link or instructions provided in any email We send
or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Mailchimp is an email marketing sending service provided by The Rocket
Science Group LLC.
For more information on the privacy practices of Mailchimp, please visit
We may provide paid products and/or services within the Service. In that case,
we may use third-party services for payment processing (e.g. payment
We will not store or collect Your payment card details. That information is
provided directly to Our third-party payment processors whose use of Your
processors adhere to the standards set by PCI-DSS as managed by the PCI
Security Standards Council, which is a joint effort of brands like Visa,
Mastercard, American Express and Discover. PCI-DSS requirements help ensure
the secure handling of payment information.
Your Rights under the CCPA
have the following rights:
* The right to notice. You must be properly notified which categories of
Personal Data are being collected and the purposes for which the Personal
Data is being used.
* The right to access / the right to request. The CCPA permits You to
request and obtain from the Company information regarding the disclosure
of Your Personal Data that has been collected in the past 12 months by the
Company or its subsidiaries to a third-party for the third party's direct
* The right to say no to the sale of Personal Data. You also have the right
to ask the Company not to sell Your Personal Data to third parties. You
can submit such a request by visiting our "Do Not Sell My Personal
Information" section or web page.
* The right to know about Your Personal Data. You have the right to request
and obtain from the Company information regarding the disclosure of the
* The categories of Personal Data collected
* The sources from which the Personal Data was collected
* The business or commercial purpose for collecting or selling the
* Categories of third parties with whom We share Personal Data
* The specific pieces of Personal Data we collected about You
* The right to delete Personal Data. You also have the right to request the
deletion of Your Personal Data that have been collected in the past 12
* The right not to be discriminated against. You have the right not to be
discriminated against for exercising any of Your Consumer's rights,
* Denying goods or services to You
* Charging different prices or rates for goods or services, including the
use of discounts or other benefits or imposing penalties
* Providing a different level or quality of goods or services to You
* Suggesting that You will receive a different price or rate for goods or
services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if you are a
California resident, You can email or call us or visit our "Do Not Sell My
Personal Information" section or web page.
The Company will disclose and deliver the required information free of charge
within 45 days of receiving Your verifiable request. The time period to
provide the required information may be extended once by an additional 45 days
when reasonable necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the Service Providers we partner
with (for example, our advertising partners) may use technology on the Service
that "sells" personal information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for interest-
based advertising purposes and these potential sales as defined under CCPA
law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need
to opt out on every browser that you use.
You can opt out of receiving ads that are personalized as served by our
Service Providers by following our instructions presented on the Service:
* From Our "Cookie Consent" notice banner
* Or from Our "CCPA Opt-out" notice banner
* Or from Our "Do Not Sell My Personal Information" notice banner
* Or from Our "Do Not Sell My Personal Information" link
The opt out will place a cookie on Your computer that is unique to the browser
You use to opt out. If you change browsers or delete the cookies saved by your
browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of the use of
information about the apps you use in order to serve you ads that are targeted
to your interests:
* "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on
* "Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile
device by changing the preferences on your mobile device.
"Do Not Track" Policy as Required by California Online Privacy Protection Act
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities.
If You are visiting such websites, You can set Your preferences in Your web
browser to inform websites that You do not want to be tracked. You can enable
or disable DNT by visiting the preferences or settings page of Your web
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light law),
California residents with an established business relationship with us can
request information once a year about sharing their Personal Data with third
parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light
law, and if you are a California resident, You can contact Us using the
contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions
Code Section 22581)
California Business and Professions Code section 22581 allow California
residents under the age of 18 who are registered users of online sites,
services or applications to request and obtain removal of content or
information they have publicly posted.
To request removal of such data, and if you are a California resident, You can
contact Us using the contact information provided below, and include the email
address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive
removal of content or information posted online and that the law may not
permit or require removal in certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us.
If You click on a third party link, You will be directed to that third party's
We have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
We will let You know via email and/or a prominent notice on Our Service, prior
to the change becoming effective and update the "Last updated" date at the top
* By email: email@example.com