Privacy Policy

Effective Date: November 1, 2020                                                                                      

KENNICOTT BROTHERS COMPANY ("KENNICOTT") and its Family of Companies (collectively "we", "us" or "our", or each, "Entity"), respect your privacy and we are committed to protecting it through our compliance with this Privacy Policy. We have created this Privacy Policy to inform you of how we collect, process, store, transfer and delete your personal information, as well the rights you have in relation to that information.

This Privacy Policy applies to all personal information collected during any written, electronic, and oral communications or collected online or offline (collectively "Services"), which includes:

  • link to this Privacy Policy (the "Site");
  • our mobile applications and any other apps that link to this Privacy Policy (e.g., Apple iOS Apps, etc);
  • when you interact with our advertising and applications on third party websites and services, if the advertising and applications include links to this Privacy Policy;
  • subscriptions to our newsletters and other marketing messages;
  • invitations to and participation in our events;
  • recruitment processes; and
  • customer/contractor and potential customer/contractor.

By using our Services, you consent to the collection and use of the personal information in accordance with this Privacy Policy and our Terms of Use. If you do not feel comfortable with any part of this Privacy Policy or our Terms of Use, you should not use or access our Site or use our Services.

We may modify this Privacy Policy at any time, without prior notice, and changes may apply to any personal information we already hold about you, as well as any new personal information collected after the Privacy Policy is modified. If we make changes, we will notify you by revising the effective date at the top of this Privacy Policy. If we make any material changes to how we collect, use or disclose your personal information that adversely impacts your rights under this Policy we will notify you in advance using any reasonable method, such as by email or through our Services. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Privacy Policy.

In addition, we may provide you with real time disclosures or additional information about the personal information handling practices of specific parts of our Services. Such notices may supplement this Privacy Policy or provide you with additional choices about how we process your personal information.

  1. PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect personal information when you use our Services create an account with us or submit personal information to us. Personal information means information relating to an identified or identifiable natural person such as your name, address, phone number or email address.  The types of personal information that we may collect about you include, but are not limited to:

 

Information You Voluntarily Provide to Us on Our Services

 

The personal information we collect on or through our Site or services may include:

  • information relating to the creation of an account on one of our websites or mobile applications, such as name, email address, postal address, telephone number and/or a unique individual password;
  • information that you provide by filling in forms that we make available. This includes information provided at the time of creating an account on one of our website or mobile applications, subscribing to or purchasing from our Site, posting material, or requesting information or assistance;
  • your city, state and zip code for store locator purposes;
  • information you provide when you report a problem with our Site or an online purchase or other transaction with us by email, our Site, telephone, in writing or through other means;
  • voice recordings, and copies of your correspondence (including email addresses), if you contact us;
  • information related to your participation in our programs;
  • information relating to your participation in a promotion or survey that we may ask you to complete for research purposes; or
  • payment card, transaction or financial account information, if you make a purchase.

Providing personal information this way is completely voluntary. If any form which collects your personal information allows you to voluntarily provide additional information, we seek this information because we think it will help us to give you a better-quality service. You do not have to provide such information if you do not wish to do so.

Information Collected Automatically

As you navigate through and interact with our Site or Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Site, including, but not limited to, traffic data, location data, logs and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.
  • Information about the type of device you are using, mobile ad identifiers, the time and length of your visit, the website that referred you to our website, and the subject of the ads you click or scroll over.
  • Information about your preferences to make your use of the Site more productive, via the use of Cookies. For more information on Cookies, please see Section 2.

Information You Provide to Our Affiliates and Subsidiaries

We may receive personal information about you from a company controlled by or under common control with Kennicott. We also may collect information about your use of the Services, such as your browser information, pages clicked, and time spent navigating the site. This information cannot be used to identify you. If we link this information with any personal information, we will treat such linked information as personal information.

Information Collected from Other Sources

We receive information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our service to you, and prevent or detect fraud.

  • For instance, we may collect personal information about you from our business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference.
  • Some information we collect is publicly available. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Twitter or Google+. We may also collect information about you from other companies and organizations. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product recommendations and special offers that are more likely to interest you. We may use cameras, closed circuit television (CCTV”) to keep employees and customers safe and to look for ways to improve our customer experience. We do not use these cameras to identify people except when necessary for security reasons.
  1. COOKIES AND OTHER TRACKING TECHNOLOGIES

We may use cookies, embedded scripts, software development kits ("SDKs") and other similar tracking technologies (collectively, "Tracking Technologies") to collect additional personal information automatically as you interact with the Services and to personalize your experience with our Services.

Cookies

Cookies are small text files that are sent to or accessed from your web browser or your computer's hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the "lifetime" of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer, such as user settings, browsing history and Internet activities. We use first-party and third-party cookies for the following purposes: to make our Services function properly, to improve our Site or services, to make login to our Site or services easier (such as by remembering your User ID), to recognize you when you return to our Site, to track your interaction with the Site or services, to enhance your experience with the Site or services, to remember information you have already provided, to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Site or services. The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted (i.e. after you have finished browsing).

We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from us. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party's website for more information on how they use cookies. We use the following types of cookies on our Services:

  • Strictly Necessary Cookies. These cookies are essential because they enable you to use our Site. For example, strictly necessary cookies allow you to access secure areas on our Site. Without these cookies, some Site cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Site to work and they cannot be disabled.
  • Functional or Preference Cookies. We use functional cookies to remember your choices so we can tailor our Site to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Site. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Site.
  • Performance or Analytic Cookies. These cookies collect passive information about how you use our Site, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Site. We do not use these cookies to target you with online marketing. You can disable these cookies.
  • Advertising or Targeting Cookies.These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant advertising on other sites. You may disable the use of these cookies as set forth below.

Analytics

We may use third-party service providers to monitor and analyze the use of our Site. Presently, we use Google Analytics.  Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout

Behavioral Remarketing

We also use remarketing services to advertise on third-party websites to you after you visited our Site or services. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service. We use Google Ads for these purposes. Google Ads remarketing service is provided by Google. You can opt-out of this by visiting the Google Ads Settings page: http://www.google.com/settings/ads (http://www.google.com/settings/ads).

Other Tracking Technologies

We may also use Tracking Technologies to collect "clickstream" data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Site, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Site for the same purposes.

Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Pages of our Site may also use Java scripts, which are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components; entity tags, which are HTTP code mechanisms that allow portions of websites to be stored or "cached" within your browser to accelerate website performance; and HTML5 local storage, which allows data from websites to be stored or "cached" within your browser to store and retrieve data in HTML5 pages when the website is revisited.

Your Choices

Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.

  • First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Services may not work properly.
  • Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to http://www.aboutads.info/choices
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to use to deliver advertisements according to our advertisers target-audience preferences, you can opt-out of interest-based targeting provide by participating ad servers through the Digital Advertising Alliance (http://optout.aboutads.info/) or the Network Advertising Initiative (http://optout.networkadvertising.org). 

We do not control third parties collection or use of your information to serve internet-based advertising.  However, these third parties may provide you with ways to choose not to have your information collected or used in this way.  Additionally, many web browsers provide help pages relating to setting cookie preferences.  More information may be found for the following browsers here:

  • Google Chrome
  • Internet Explorer
  • Mozilla Firefox
  • Safari (Desktop)
  • Safari (Mobile)
  • Android Browser
  • Opera
  • Opera Mobile

Do Not Track

Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit "Do Not Track" or "DNT" signals. Since uniform standards for "DNT" signals have not been adopted, our Site does not currently process or respond to "DNT" signals.

Location Information

If you do not want us to collect Location Information from your device, please delete our mobile application or disable your device's location settings. Please note that disabling the location setting may affect certain features of the mobile application.

  1. HOW WE USE YOUR INFORMATION

We will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place. The purposes for which we may use your personal information include:

To Provide You Our Services

We will use your personal information to provide information or perform Services that you request. If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable information to the third party providing the information or performing applicable Services. Your information may be available or provided to third-party service providers and contractors (such as the Site webmaster) that are contractually obligated to protect your information as disclosed in this Policy.  We use a third-party service provider to process monetary payments on our Site and for dedicated servers hosted by Amazon Web Services.  Your information, such as name, address, contact information and order history data is stored on these servers.  Credit card information is stored on third-party servers controlled by Authorize.net.  Additional information such as customer information and invoice history is also stored on servers that are hosted by Amazon Web Services.   

For Internal

We will use your personal information for the purposes of furthering our business, including analyzing your information and other uses. We may monitor how our users use our Site including without limitation search terms entered, pages visited and documents viewed. This information may be stored with an IP address. This information is used solely for purposes of enabling us to provide you with a personalized Site experience. Aggregated forms of this data may also be used for research purposes in order to develop new products and identify future features and functions to develop for the Site. 

To Provide You with Service-Related Communications

We will send you administrative or account-related information to keep you updated about your account and the Services. Such communications may include information about policy updates, confirmations of your account actions or transactions, security updates or tips or other relevant transaction-related information. We process your contact information to send you such communications. Service-related communications are not promotional in nature. You are not able to unsubscribe from such communications, otherwise you may miss important developments relating to your account or the Services.

To Provide Customer Support or Respond to You

We collect any information that you provide to us when you contact us, such as with questions, concerns, feedback, disputes or issues. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.

To Enforce Compliance with Our Terms and Agreements or Policies

When you access or use our Services, you are bound to our Terms and Conditions of Use and this Privacy Policy. To ensure you comply with them, we process your personal information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your personal information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business partners; and, as applicable, collect fees based on your use of our Services. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes.

To Ensure the Security of the Services

We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your personal information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information. We cannot ensure the security of our Services if we do not process your personal information for security purposes.

To Maintain Legal and Regulatory Compliance

Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law. Without processing your personal information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.

To Engage in Marketing Activities

Marketing lets us grow our community and update you about new products and services. We process your contact information or information about your interactions on our Services to: send you marketing communications and keep you updated about our products and services; provide you with information about events, training sessions or other materials; and deliver targeted marketing to you. See Cookies and Other Tracking Technologies section of this Privacy Policy for more information about tracking techniques we use for our marketing campaigns).

  1. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

We may share personal information in the following circumstances:

Service Providers

Unless prohibited by applicable law, we may share personal information with our third-party service providers that help us operate our business, such as for website hosting, professional services, analytics, customer service, e-mail delivery and auditing. Such service providers must process the personal information we share with them only on our behalf and for the same purposes for which the personal information was collected. We will not sell or lease your personal information to any third parties for marketing purposes.

Affiliates

We share personal information within our corporate family for the purposes described in this Privacy Policy and as required or authorized by law. Affiliates are those companies that are under common control of our parent company Kennicott Brothers Company.

Corporation Transaction

Unless prohibited by applicable law, we may share, transfer or delete your personal information if we are involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control by KENNICOTT or any affiliated company (in each case, whether in whole or in part). If required by applicable law, any such sharing of personal information will be reported to regulators in accordance with the applicable law.

Other Lawful Disclosures

We may also share personal information: (i) if we determine that disclosure is necessary to comply with any law or legal process applicable to us or a request from law enforcement or other regulatory agency; (ii) to protect the rights, privacy, property, interests or safety of our company or our affiliates, customers, business partners, suppliers, employees or the general public; (iii) to pursue available remedies or limit damages; (iv) to enforce our Terms of Use; (v) to respond to an emergency; and (vi) as otherwise permitted by applicable law.

 

  1. THIRD-PARTY WEBSITES AND SERVICES

Our Services and other materials may include links or references to third-party websites and services that we do not operate. A link or reference to a third-party service does not mean that we endorse it or the quality or accuracy of information presented. If you visit a third-party website or otherwise interact with that third-party, you are subject to that third party's privacy practices and policies, and we do not accept any responsibility or liability in this regard. This Privacy Policy does not apply to any personal information that you provide to these other websites and services.

  1. SECURITY PRECAUTIONS

We implement appropriate technical and organizational measures designed to ensure your personal information in protected from unauthorized access, use, disclosure, alteration or destruction, in accordance with applicable laws and regulations. For example, we limit access of your personal information to authorized parties, periodically inspect, assess, and evaluate the effectiveness of our technical and organizational measures designed to ensure the security of our processing, and limit our collection and use of your personal information to the extent necessary to provide you with our services.

  1. RETENTION OF PERSONAL INFORMATION

We will keep your personal information for as long as necessary to fulfill the purposes we collected it for, including any legal, accounting or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and all applicable legal requirements.

 

  1. YOUR RIGHTS AND CHOICES

Marketing Information

If you do not wish to receive marketing-related emails from us or prefer us not to process your personal information for marketing purposes, please be sure that any relevant boxes on forms we use to collect your personal information are unchecked, click the unsubscribe link in one of our marketing emails, or contact us using the information in the section "How To Contact Us" at the end of this Privacy Policy. Please note that "opt-out" and "unsubscribe" requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law. Please note that even if we stop all marketing communications, you may still receive administrative, legal, and other important communications from us.

Correction

We must ensure that your personal information is accurate and up to date. Please advise us of any changes to your personal information by contact using the information in the "How To Contact Us" section below.

Please note that if you decide to exercise some of your rights, we may be unable to perform the actions necessary to achieve the purposes set out above or you may not be able to use or take full advantage of the services we offer.

If you wish to exercise any of your rights above, please contact us using the information in the "Contact Us" section at the end of this Privacy Policy. We may charge you a reasonable fee in case you request additional copies of your Personal Information or make other requests that are manifestly unfounded or excessive.

Your Individual Rights

If you would like to exercise your rights under applicable law, please contact us at support@kennicott.com.  Please note, we may seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your personal information. When we fulfill your individual rights requests for correct (or rectification), erasure or restriction of processing, we will notify third parties also handling the relevant personal information unless this proves impossible or involves disproportionate effort.

  • Right of Access. Upon your request, we will provide you with a copy of your personal information in our files without undue delay and free of charge, unless we permitted by law to charge a fee.
  • Right to Rectification (or "Correction"). You may request to correct or update any of your personal information in our files. We may provide you with the ability to update some or all of your personal information directly via the Services.
  • Right to Erasure (or the "Right to be Forgotten"). Upon your request, we will erase any of your personal Information in our files that: is no longer necessary in relation to the purposes for which it was collected or otherwise processed; was collected in relation to processing that you previously consented to, but later withdrew such consent; or was collected in relation to processing activities to which you object and there are no overriding legitimate grounds for our processing.
  • Right to Data Portability. If we process your personal information based on a contract with you or based on your consent or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another controller, where technically feasible.
  • Automated Individual Decision-Making, Including Profiling. While you do have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, under applicable law, we do not subject your personal information to such processing activities.
  • Right to Object to and Right to Restrict Processing. Under certain situations, you may object to or seek to restrict our processing of your personal information.

Complaints

If you believe that we have infringed or violated your rights under this Privacy Policy, please contact us at support@kennicott.com that we can work with you to resolve your concerns. You can also complain about our processing of your personal information to the relevant data protection authority where you live or work, or in the place where the alleged breach of data protection law has taken place.

 

  1. CHILDREN’S PRIVACY

Our Services are not directed to or intended for use by minors.  If we learn that we have received personal information directly from a minor under the age of 16, or such other age as set by the laws of the jurisdiction where we operate, without his or her parent’s verified consent, we use that personal information only to respond directly to that child (or his or her parent or guardian) to inform the child that he or she cannot use our services and subsequently delete that personal information.

HOW TO CONTACT US

We welcome your questions or comments about this Privacy Policy or how we process your personal information. Please contact us using the information below and we will route your question or comment to the appropriate data controller by email at support@kennicott.com or in writing to 1638 West Hubbard Street, Chicago, IL 60622.