KPS Global® Online Privacy Notice
Last Updated: January 26, 2018
KPS Global LLC and our affiliates with whom you have a relationship (“KPSG”, “our”, “us”, or “we”) are committed to protecting the privacy of our users and customers (“you”, “your”) and to providing you with a secure online experience. This Online Privacy Notice (“Notice”) applies to personal information we collect on webpages accessible through the domain https://kpsglobal.com (collectively, the “Site”). This Notice is designed to inform you about the types of personal information we gather, how we use the information, with whom we share it, and the choices you can make about our use of the information. This Notice also describes the security measures we take to safeguard the information and how you can contact us about our privacy practices. Please read the complete Notice below, and contact us if you have any questions.
Visitors to the Site are subject to our data collection and usage polices. When you access or use our Site and web-based applications, you acknowledge that you have read this Notice, understand the contents of this Notice, and agree to the terms of this Notice. Your use of our Site and any dispute over privacy is subject to this Notice. This Notice applies to Personal Information (as defined below) we obtain from you through our websites, products, services, and web-based applications (collectively, the “Services”).
Follow one of the links below to jump to the listed section of this Notice:
Information We Obtain and How We Use It.
You can visit our Site, read materials, and browse our products and other company information without giving us any personally identifiable information—that is, information that could identify you as an individual (“Personal Information”). The following are examples of the type of Personal Information that may be collected: your first and last name, physical address, telephone number, or e-mail address. The type of Services used will determine the specific type of information collected.
In order to provide you with the most efficient and enhanced personalized service and attention, and to accommodate certain requests, we request Personal Information about you in certain circumstances and collect certain non-personal information automatically. Here are ways you may provide the information and the types of information you may submit. We also describe how we may use the information you provide to us.
Personal Information We Obtain.
We collect Personal Information that you volunteer to us when you make purchases or fill in information on forms or send us an e-mail to request information about products, support, or training. In most cases, an asterisk (*) indicates the required information on a form. You may choose to provide additional information within fields that are not required. We may use the information provided to respond to your inquiry, contact you about your request, ask a question, provide announcements about products and future events, conduct surveys, consider any application for employment that you submit through our Site, and contact you for other reasons related to offering and improving our services. We may also offer visitors to our Site various features, and we may change these features from time to time. We may ask you to submit certain Personal Information so that we can provide you with those features.
Users should also be aware that when they voluntarily disclose Personal Information on any message board or the like, that such information, along with any substantive information disclosed, can be collected and used by third parties and may result in unsolicited messages from other users or third parties. Such activities are beyond our control. Personal Information disclosed in such manner becomes public information and you should exercise caution when deciding to disclose your Personal Information. Additionally, the Site may contain links to other sites and we are not responsible for the privacy practices or the content of such third party sites.
Information We Obtain When You Purchase Products from Us.
As in any transaction, when you purchase products from us, your credit card company will necessarily receive all relevant information about the name of the vendor, item(s) purchased, date, total cost, and other information necessary to process the transaction. We will not otherwise provide any Personal Information to your credit card company without your permission. We and our technical and fulfillment agents, partners, and consultants follow carefully prescribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements.
We currently use Web.com Group, Inc. (“Web.com”) to host the Parts page of the Site (the “Parts Store”). Web.com has access to aggregated information about customers of the Parts Store in order for Web.com to analyze performance and make improvements to Web.com products.
Information We Obtain by Automated Means.
Our web servers may log information such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The web server logs may also record information such as the address of the web page that referred you to our Site and the IP address of the device you use to connect to the Internet. The web server logs may also log information about your interaction with the Site, such as which pages you visit. To control which web servers collect information by automated means, we may place tags called “web beacons”―small files that link web pages to particular web servers and their cookies. We may also collect information from your browser, such as your browsing history, and use it in conjunction with data gathered from forms and e-mails to help us understand and respond to your needs.
To learn how to opt out of Google Analytics, visit: https://tools.google.com/dlpage/gaoptout.
We use information collected online through cookies, non-cookie-based tokens, web beacons, and other automated means for many purposes, such as customizing and enhancing our visitors’ experience on the Site, facilitating use of the Site, collecting statistics about your visits to the Site, and understanding how our visitors browse our Site. We also use the information to help diagnose technical and service problems, administer our Site, and identify visitors to our Site consistent with this Notice. We use clickstream data to determine how much time our visitors spend on the web pages of our Site, how our visitors navigate through our Site, and how we may enhance our Site to meet our visitors’ needs.
“Do Not Track” Signals.
You should be aware that some websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. Your browser may allow you to transmit a Do Not Track (“DNT”) signal to websites and online services you visit. Like many other websites and online services, our Site does not currently process or respond to DNT signals from your browser or other mechanisms that enable choice. Personal information about our visitors’ online activities over time and across third-party websites may be collected by us, our affiliates, and our service providers.
Social Media Widgets.
Our Site includes social media functions, such as the Facebook, Twitter, YouTube, LinkedIn, and Instagram widgets. These widgets may collect information about which pages visitors visit on our Site and the IP address of the device visitors use to connect to the Internet. The widgets may also set a cookie to ensure the features are functioning properly. Social media functions and widgets are hosted by either a third party or directly on the Site. Your interactions with the social media functions and widgets located on the Site are governed by the privacy policies of the companies that provide them. If you use any of the social media functions or widgets on our Site, we strongly suggest you review the privacy policies of the companies that provide those functions and features.
For our Site visitors who are LinkedIn members and who visit our Site from LinkedIn, our Site may use tracking pixels―transparent graphic images placed on webpages. These tracking pixels, in combination with cookies, collect information contained within your LinkedIn profile as well as your access of and interaction with the web pages that contain the pixels. We work with LinkedIn to provide Sponsored Updates and advertisements about our Services on your LinkedIn News feed. You may also receive Sponsored InMails to your LinkedIn email account based on your visits to our Site and your perceived interests when you submit a form on our Sites. To learn how to opt out of Sponsored InMail messages, navigate to “Settings & Privacy” in your LinkedIn account, select the “Communications” tab, and then select “No” under “Allow LinkedIn partners to show you Sponsored InMail.”
Other Uses of Information.
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation, or other authorized request; to conduct investigations of consumer complaints or possible breaches of law or contract; to protect the integrity of our Site and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.
Certain non-personal information may be gathered and stored to log files as you use our Site as described in “Information We Obtain by Automated Means.” At the present time, we do not share, disclose, or sell any Personal Information we collect. Should we determine to make such information available to third parties we will endeavor to provide notification of such intention and offer a reasonable opportunity for you to indicate a preference that such information not be shared. Any e-mail addresses submitted to KPSG or collected by KPSG are used to deliver important information to you about our products, services, and our Site. We may use Personal Information you provide on our Site to operate, evaluate, and improve our business. Specific uses include developing new products and services; managing our communications; performing market research; advertising and marketing; evaluating the effectiveness of our advertising and marketing; analyzing our products, services, and Site; and administering our Site. We may also use the information to protect against and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms. We may also use the information we obtain through the Site in other ways for which we provide specific notice at the time of collection.
Except as described in this Notice, we do not sell or otherwise disclose Personal Information we collect on our Site. We may share Personal Information we collect on the Site with affiliates and service providers that perform services on our behalf. We do not authorize those service providers to use or disclose the Personal Information except as necessary to perform services on our behalf or to comply with legal requirements.
In addition, we may disclose Personal Information about you (a) if we are required to do so by law or legal process (such as a court order or subpoena), (b) to law enforcement authorities or other government officials, (c) when we believe disclosure is necessary to appropriate or prevent physical harm or financial loss, or (d) in connection with an investigation of suspected or actual fraudulent or illegal activity. We reserve the right to transfer Personal Information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation). Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use Personal Information you have provided to us in a manner consistent with this Notice.
Your Rights and Choices.
We offer you certain choices about how we communicate with you and what information we obtain from you. As required by applicable law, you may withdraw consent you previously provided to us. We will apply your preferences going forward. You may exercise these choices by advising us of your preference by e-mail or by contacting us as specified in the “How to Contact Us” section below. You may also, at any time, object―on legitimate grounds and free of charge―to the processing of your Personal Information.
If you are located in the European Economic Area (“EEA”) or Switzerland, you may direct us not to share your personal information with third parties, except (a) with service providers we have retained to perform services on our behalf, (b) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation), (c) if disclosure is required by law or legal process, (d) with law enforcement authorities or other government officials, or (e) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual fraud or other illegal activity.
If you are located in the EEA or Switzerland, we use your personal information only for the purposes indicated in this Notice unless we have legal basis, such as consent, to use it for other purposes. Where required by law, KPSG obtains your prior opt-in consent at the time of collection for the processing of (a) personal information for marketing purposes and (b) personal information deemed sensitive pursuant to applicable law.
Subject to applicable law, you may have the right to request access to and receive information about the personal information we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access Personal Information may be limited in some circumstances by local law requirements.
You may contact us by e-mail or as described in the “How to Contact Us” section below to update your preferences, ask us to remove your information from our mailing lists, or submit other requests.
We may transfer the Personal Information we collect about you to recipients in countries other than the country in which the Personal Information was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to recipients in other countries (such as the EEA or Switzerland), we will protect that information as described in this Notice.
Our Site and the servers that make this Site available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to this Site. Any information you provide in subscribing to our Site or registering or ordering at our Site will be transferred to the United States. By visiting our Site and submitting information, you authorize this transfer, processing, and use.
How We Protect Personal Information.
We incorporate standard industry practices internally and with our service providers, which we believe suits the degree of sensitivity of the information involved to maintain the security of your Personal Information and to avoid its disclosure except as described in this Notice.
Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to Personal Information to those KPSG employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis. Remember, however, that any Personal Information you post on the internet is available to anyone.
Links to Other Websites.
The Site may provide link to other websites. Companies other than KPSG may operate those websites. Linked websites may have their own online privacy policies, which we strongly suggest you review if you visit any linked websites. We are not responsible for any use of websites we do not operate, the content of any of those websites, or the privacy practices of those websites.
None of the information on the Site is intended for the use of children under thirteen (13) years of age, and KPSG does not knowingly register any person or accept information from any person under thirteen (13) years of age.
Resolution of Disputes.
If a dispute, controversy or claim, of any kind and every kind or type, whether based on contract, tort, statute, regulations, or otherwise, arising out of, or connected with, or relating in any way to this Notice, or the relationship of the parties, or the obligations of the parties, or the scope of this arbitration agreement, of the operations carried out under this Notice, including without limitation, any dispute as to the existence, validity, construction, interpretation, negotiation, performance, non-performance, breach, termination, scope, or enforceability of this Notice, or the breach thereof (any one of which constituting the “Dispute”), and if the Dispute cannot be settled through direct discussions (in the opinion of any party), the parties agree to first endeavor to settle the Dispute in an amicable manner by mediation under the then current Commercial Mediation Rules of the American Arbitration Association (“AAA”), before resorting to arbitration. If the Dispute is not settled by mediation within thirty (30) days of written request for mediation by any party to AAA, then and thereafter any unresolved Dispute, including the arbitrability of any unresolved Dispute, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the then current AAA Commercial Arbitration Rules with the award being final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any provisional remedy which would be available from a court of law shall be available from the arbitrator to the parties to this Notice pending arbitration. The Federal Arbitration Act shall govern all arbitration proceedings under this Notice. This Notice shall in all other respects be governed and interpreted by the laws of the State of Texas, including its statutes of limitation but excluding any conflicts or choice of law rule or principles that might otherwise refer construction or interpretation of this Notice to the substantive law of another jurisdiction. The arbitration shall be conducted in Fort Worth, Texas, by one neutral arbitrator chosen by AAA according to its Commercial Arbitration Rules. Neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. All fees and expenses of the arbitration shall be borne by the parties equally who shall make deposits as requested by AAA of each party’s share of the deposits requested. Failure or refusal by a party to pay its share of the requested deposits shall constitute a waiver by the non-paying party of its rights to be heard, present evidence, cross-examine witnesses, and assert counterclaims in the arbitration. Informing the arbitrator of a party’s failure to pay its share of the requested deposits for the purpose of implementing this waiver provision shall not be deemed to affect the arbitrator’s impartiality, neutrality, independence, or ability to proceed with the arbitration. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The prevailing party, according to the arbitrator, shall be entitled to an award of reasonable attorney’s fees for the arbitration and for all appeals of the award, arbitration fees and administrative expenses, and pre-award and post-award interest at the prevailing Texas statutory pre-judgment and post-judgment interest rates. This agreement to arbitrate shall survive the termination or repudiation of this Notice.
Updates to Our Online Privacy Notice.
How to Contact Us.
If you have any questions about this Online Privacy Notice or would like to update information we have about you or your preferences, please contact us by one of the methods below. Please include the URL of the Site involved in your request.
E-mail us at: firstname.lastname@example.org
Write to us at:
4201 North Beach Street
Fort Worth, TX 76137
Attention: Dan Zeddy