Kick Ass Balm® (“KAB”) Privacy Policy

Last updated November 7, 2016.

PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. KAB  DOES NOT PROVIDE NOTICES OF CHANGES IN AN MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY PLEASE DO NOT PROVIDE ANY INFORMATION TO KAB  OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEB SITES REFERRED TO IN THIS PRIVACY POLICY.

The information collection, use, and dissemination practices of KAB

This policy applies to KAB’s collection, use, storage and disclosure of information by KAB on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the “Websites”), (b) on various third party websites, and (c) to KAB’s other information collection, including the purchase of customer lists from third parties. KAB is not responsible for the information collection or privacy practices of third party web sites or applications.

1. Collection of Information.

1.1 Survey, Registration, Sales or other Information.

KAB collects information from individuals by various methods, including, but not limited to, when an individual voluntarily completes an KAB survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by third parties (collectively, a “Survey”). (As used herein, “online” means using the Internet, including the Websites, and related technologies, and “offline” means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, KAB or a third party (a “Third Party”) may ask an individual to provide various information to KAB, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may requested from time to time (together, “Survey Information”). KAB may also collect information concerning an individual from another source and uses that information in combination with information provided from this web site Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to KAB or Third Party, but an individual may receive incentives from KAB or a Third Party in exchange for providing Survey Information to KAB.

1.2 Third Party.

List Information. KAB retains the right to collect information from individuals when an individual provides information to a third party and KAB subsequently purchases, licenses, or otherwise acquires the information from the third party (the “Seller”). Such purchased information may include, but is not limited to, an individual’s name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, “Third Party List Information”). When acquiring Third Party List Information, KAB seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to KAB and that the Seller has a right to provide offers from advertisers to the individuals whose personal information is included on the Seller’s list.

1.3 Other Information.

Now or in the future KAB may obtain information from individuals which include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by KAB or by a third party, (2) when an individual requests assistance through KAB’s customer service department, and (3) when an individual voluntarily subscribes to a KAB service or newsletter (together, “Other Information”).

1.4 Cookies, Web bugs, and Other Info Collected Using Technology.

KAB currently or in the future may use cookies and local shared objects (Sos) and web bug technology (the only KAB use of ‘web bugs’ is in the IMPACT application and is for mechanical use only. It is not used for tracking purposes or data collection) to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, KAB may use other new and evolving sources of information in the future (together, “Technology Information”).

(a) Cookies.

A cookie is a small amount of data stored on the hard drive of the individual’s computer that allows KAB to identify the individual with his or her corresponding data that resides in KAB’s database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Websites need to accept cookies in order to use all of the features and functionality of the Websites.

(b) Web bugs.

A web bug is programming code that can be used to display an image on a web page, but can also be used to transfer an individual’s unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows KAB to track certain web sites an individual visits online. Web bugs are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, KAB might place, with the consent of a third party website, a web bug on the third party’s website where fishing products are sold. When Joe, an individual listed in KAB’s database, visits the fishing website, KAB receives notice by means of the web bug that Joe visited the fishing site, and KAB would then update Joe’s profile with the information that Joe is interested in fishing. KAB may thereafter present offers of fishing related products and services to Joe. In addition to using web bugs on web pages, KAB also uses web bugs in email messages sent to individuals listed in KAB’s database.

(c) SOs.

The technology is based on a feature of Flash MX called “local shared objects” (SOs), which are placed on a user’s machine by adding a piece of Javacript to a Web page. SOs are similar to cookies in concept and function. KAB’s use of Sos is restricted to collection of a username and password associated with the media player product. The sole intention of its use is for usability purposes only.

(d) New Technology.

The use of technology on the Internet, including cookies and web bugs, is rapidly evolving, as is KAB’s use of new and evolving technology. As a result, KAB strongly encourages individuals to revisit this policy for any updates regarding its use of technology.

1.5 Outside Information.

KAB may receive information about individuals from third parties or from other sources of information outside of KAB including information located in public databases (“Outside Information”).

1.6 Individual Information.

As used herein, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information KAB gathers or receives about individuals.

1.7 No Information Collected from Children.

KAB will never knowingly collect any personal information about children under the age of 13. If the KAB obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, the KAB has no such information to use or to disclose to third parties. KAB has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).

1.8 Credit Card Information.

KAB may in certain cases collect credit card numbers and related information, such as the expiration date of the card (“Credit Card Information”) when an individual places an order from KAB. When the Credit Card Information is submitted to KAB, such information is encrypted and is protected with SSL encryption software. KAB will use the Credit Card Information for purposes processing and completing the purchase transaction, and the Credit Card Information will be disclosed to third parties only as necessary to complete the purchase transaction.

1.9 Personally Identifiable Information

VI’s Privacy Policy (Personally Identifiable Information). Our policy is to allow our users to anonymously access the information on KAB properties. KAB does not collect, sell, or provide any personally identifiable information regarding you or other users, unless you voluntarily provide that information to us for that purpose.

1.10 Privacy of Your Health Information

We understand that your health information is personal to you and we are committed to protecting information about you. However, we have no control over the information contained on a provider’s web site and in linking you to a provider’s web site, we do not warrant that any health information provided by you will be protected or treated in a manner complying with privacy laws including the Health Insurance Portability and Accountability Act of 1996, regulations enacted thereunder, or applicable state laws. KAB expressly disclaims all liability for any wrongful disclosure of your health information by the provider.

1.11 HIPAA Compliant

This website resource allows you to learn information related to certain health topics and find health service providers in your area by linking you to individual health service provider’s web sites. Due to the nature of this web site, KAB cannot check or verify the accuracy of information contained on health service provider’s web sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by KAB of these sites. KAB does not warrant the accuracy of information obtained from these web sites. You are advised to conduct your own thorough review of the health service provider (“provider”) prior to retaining or taking advice from that provider. Advice given and opinions expressed throughout providers’ sites are those of the provider, not of KAB. KAB expressly disclaims all liability for any actions taken or not taken by you based upon any or all advice given or any service provided by the provider to you.

1.12 Legal Advice

Information provided on this web site is published as a free service. The material contained herein is provided for informational purposes only and is not intended to constitute legal advice. You should not use this information on this web site or the information on links from this site as a substitute for legal representation by a licensed attorney. We advise you to always seek the advice of a qualified licensed attorney prior to making any legal decisions or actions or with any questions you may have regarding a legal matter.

2. Use of Individual Information.

2.1 Discretion to Use Information.

THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN COMPANY’S SOLE DISCRETION.

The following paragraphs in Section 2 describe how KAB currently uses Individual Information, but the KAB may change or broaden its use at any time. As noted below, the KAB may update this policy from time to time. KAB may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.

2.2 Email.

KAB uses Individual Information to provide promotional offers by email to individuals. KAB may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all KAB email lists, a person must send an email to legal@kickassbalm.com .

2.2(a) Solicited Email.

KAB only sends email to individuals who it reasonably believes have agreed on the Websites to receive email from KAB or to individuals who have agreed on third party websites to receive email from third parties such as KAB. KAB does not intend to send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to KAB’s email messages.

2.3 Targeted Advertising.

KAB uses Individual Information to target advertising to an individual. When an individual is using the Internet, KAB uses Technology Information (see also Section 2.5 below) to associate an individual with that person’s Individual Information, and KAB attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. KAB may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.

2.4 Direct Mail and Telemarketing.

KAB uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones.

2.5 Use of Technology Information.

KAB uses Technology Information (1) to match a person’s Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person’s online browsing habits on the Internet, (3) to determine which areas of KAB’s web sites are most frequently visited. This information helps KAB to better understand the online habits of individuals so that KAB can target advertising and promotions to them.

2.6 Profiles of Individuals.

KAB uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as information obtained from public databases.

2.7 Storage of Individual Information.

KAB stores the Individual Information in a database on KAB computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under KAB’s control. Not withstanding such measures, KAB cannot guarantee that its security measures will prevent KAB computers from being illegally accessed, and the Individual Information on them stolen or altered.

3. Dissemination of Individual Information.

3.1 Sale or Transfer to Third Parties.

KAB MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY PURPOSE IN KAB’S SOLE DISCRETION.

3.2 Order Fulfillment.

KAB will transfer Individual Information to third parties when necessary to provide a product or service that a person orders from such third party while using KAB web sites or when responding to offers provided by KAB.

3.3 Legal Process.

KAB may disclose Individual Information to respond to subpoenas, court orders, and other legal processes.

3.4 Summary Data.

KAB may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.

3.5 Access.

Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Please contact legal@kabalm.com to make such modifications as necessary.

4. Privacy Practices of Third Parties.

4.1 Advertiser cookies and web bugs.

Now or in the future, advertising agencies, advertising networks, and other companies (together, “Advertisers”) who place advertisements on the Websites and on the Internet generally may use their own cookies, web bugs, and other technology to collect information about individuals. KAB does not control Advertisers’ use of such technology and KAB has no responsibility for the use of such technology to gather information about individuals.

4.2 Links.

The Websites and email messages sometimes contain hypertext links to the web sites of third parties. KAB is not responsible for the privacy practices or the content of such other web sites. Linked web sites may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. KAB in some instances does not operate or control in any respect any information, software, products or services available on such third party web sites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

4.3 Affiliated Companies.

KAB may disclose, transfer, and sell Individual Information to entities affiliated with KAB in KAB’s discretion.

5. Unsubscribe Procedures.

If you wish to discontinue receiving email messages from KAB, you have several options:

(a) Unsubscribe from one email list.

To unsubscribe from a particular list, either (1) sending an email to legal@kabalm.com (2) follow the instructions in each promotional email message sent by KAB.

(b) Unsubscribe from all email lists.

We reserve the right to add Individual Information to multiple lists maintained by KAB. To globally unsubscribe from all of KAB lists, send an email to legal@kabalm.com

For more information about protecting your privacy, you may wish to visit: www.ftc.gov

If you have questions about this policy, please contact us at legal@kabalm.com .