LAST UPDATED: February 20, 2024

This Privacy Policy (the “Policy”) explains how Kiki & Company (BKC Holdings LLC) (“K&C”) handles your personal information we collect when you use our services over the Internet, including the Kiki & Company website located at www.kikicomin.com and affiliated domains (the “Website” and/or “Services”), and otherwise through our relationship with you.

Please review this Policy carefully. By using the K&C Website or any of the products or Services we provide, you agree to the personal information practices explained below, which may be updated from time to time. If you do not agree with these practices, please do not use the Website or Services or otherwise provide us with your personal information. Remember that your use of K&C’s Website and Services is at all times subject to the Terms and Conditions, which incorporate this Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms and Conditions.

 

SECTION 1 – REGISTRATION

We do not require registration in order to browse our Website. You may choose to give us your contact information during account creation or at other times. We then may use that information to contact you about the products and Services on our site. An account is required to use certain interactive features such as reviewing products and placing orders.

 

SECTION 2 – INFORMATION COLLECTED

The information described below includes the following categories of data within the meaning of the CCPA and CPRA (described under “California Privacy Rights”): Identifiers; Other individual records; Demographics; Commercial information; Internet activity; Sensory visual data; Geolocation data; and Inferences. We collect these types of information from our registered members, as well as people who use the Website without purchasing or registering for a membership, although we generally collect a more limited set of information from those who are not registered.

 

SECTION 3 – SOURCE OF INFORMATION

We collect personal information when you create an account with us and when you use our Services. For example, we collect personal identifiers such as your name and email address from you when you create an account, so that you can log in to access your account. When you place an order, we collect your phone number, email address, billing and shipping address, so that we can fulfill your order and ship your product(s) or product sample(s). Credit card information is processed by a third-party processor and is never processed by K&C.

Occasionally, you may take part in surveys, promotions, contests or sweepstakes sponsored by K&C. The information we collect from these surveys, promotions, contests and sweepstakes may be matched with individual customer accounts and used by K&C to improve your overall customer experience, and may be shared with the select third parties who we partner with in such surveys, promotions, contests or sweepstakes.

We and our business partners may also automatically collect certain information about how you access or use our Website and our Services including, but not limited to, information about your internet domain address, clickstream information indicating your activities on our Website, IP address, browsing history and other electronic markers and identifiers. We also collect imprecise geolocation information as implied by your IP address. We collect inferences drawn from your activity and shopping preferences on our Website, including products or Services purchased, obtained or considered such as your purchase history or other purchasing or consuming histories or tendencies. We collect these inferences so that we can better understand your preferences and behavior, including to customize content and display advertising to you.

We may also collect information through the use of cookies, pixels, web beacons and similar technologies. We use third-party service providers that may also use cookies, pixels, web beacons and similar technologies to help operate their services. We also collect information when you interact with our customer service team and electronic customer service support, such as noting issues you raise and storing your conversations by phone or computer based chat sessions.

 

SECTION 4 – CHILDREN’S PRIVACY

We do not knowingly collect or solicit personal information from anyone under the age of 18 (though adults may choose to provide information about those under 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us.

 

SECTION 5 – USE OF INFORMATION

We process personal information to operate, improve, understand and personalize our Services. We use personal information for the following purposes:

Providing, Customizing, Supporting, Maintaining and Improving the Services:

  • Creating and managing your account or other user profiles
  • Providing you with the products, Services and information you request
  • Meeting or fulfilling the reason you provided the information to us
  • Providing and improving support and assistance for the Services
  • Allowing users to respond to and comment on K&C websites and other user generated content
  • Improving the Services, including testing, research, analytics, and product development
  • Understanding how users interact with the Website and Services
  • Personalizing Website content and communications based on your preferences
  • Fraud protection, security, and debugging

Marketing the Services:

  • Providing a better website experience and gathering broad demographic information for aggregate use
  • Marketing and selling the Services
  • Showing you advertisements, including interest-based or online behavioral advertising

Corresponding With You:

  • Responding to correspondence received from you, contacting you when necessary or requested, including to update you regarding orders, order status and purchases made
  • Sending emails and other communications
  • Notifying you about certain products or Services we think you may be interested in learning more about

Legal Requirements:

  • Fulfilling our legal obligations under applicable law, regulation, court order, subpoenas or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities
  • Protecting the rights, property or safety of you, K&C or another party
  • Enforcing any agreement(s) with you
  • Responding to claims that any posting or other content violates third-party rights
  • Resolving disputes

 

SECTION 6 – INFORMATION SHARING AND DISCLOSURE

K&C will not rent, sell, or share your personal information with other people or non-affiliated companies except to provide products or Services that you have requested, as disclosed in this Policy, as you have otherwise agreed, or as set forth in the “California Privacy Rights” section. We do not sell your personal information for money. In certain circumstances, we may disclose your personal information to the following categories of service providers and other parties, in order for them to perform the following functions:

Service Providers:

  • Payment Processors. Our payment processing partners collect your voluntarily provided payment card information necessary to process your payment
  • Hosting, Technology and Communications Providers. To perform operational services (such as hosting, billing, fulfillment and shipping, data storage, security, web service analytics) and/or to make certain services, features or functionality available to our users
  • Printing services. Performing other services on our behalf, including maintaining or servicing accounts, providing customer service, assisting with customer designs, processing or fulfilling orders and transactions

Other Users:

  • Any information that you may share in a review posting or online discussion or forum is intentionally open to the public and is not in any way private. 
  • Other Individuals Directed by You
  • We will share your personal information with other individuals as directed by you, for example if you use K&C to send products to another individual
  • You may specify an email address for the recipient if you wish for us to send them an email notification ‘gift message.’ The shipping recipient will not be opted in to any marketing distribution lists without their explicit permission
  • We may disclose your information to users and guests invited by you to use services that you have requested.

Legal and Investigation Matters:

  • We may disclose personal information in order to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We also may share personal information when we believe it necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions, or as otherwise required by law.

Business Transfers: 

  • Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. If we, or substantially all of our assets, were acquired, or if we were to go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share personal information with the party that is acquiring us or our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your personal information as set forth in this policy.

 

SECTION 7 – ACCESS AND DELETION

You may edit your account information at any time. You can opt in or out from future communications of special offers and new product information, or you can unsubscribe by following instructions contained in the messages you receive or close your account by contacting us on our Contact page. 

 

SECTION 8 – USERS FROM OUTSIDE THE USA

Your personal information will be collected and stored in the United States, and subject to the laws of the United States. If you reside in a country outside the United States, please note that the data protection and privacy laws of the United States may not be as protective as the laws in your country. You agree that except to the extent laws of another jurisdiction are directly applicable to K&C, the laws of the United States and the State of Washington will govern the processing of your personal information, including any obligations of security and third party sharing.

 

SECTION 9 – EU RESIDENTS

If you are a resident of the European Union (“EU”), United Kingdom, Liechtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR. K&C will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this section and any other provision of this Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us on our Contact page.

For information on what Personal Data we collect from you, please see the “Information Collected” section. For information on how we use that Personal Data, see the “Use of Information” section.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to provide you with the Services, for example to create your account, complete your order, ship your product, and provide customer support. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

  • User account data
  • Your contact information email address for marketing purposes
  • Contractor information
  • Analytics and usage data

Our legitimate interests include:

  • Marketing of our products and services
  • Order processing
  • Account creation
  • Provision of customer support
  • Sales commission reporting and payment
  • Affiliate commission reporting
  • Web analytics

Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

We seek to protect Personal Data using reasonable technical and organizational measures based on the type of Personal Data and applicable processing activity. 

You have certain rights with respect to your Personal Data, such as the right to erasure and to access your personal data. For more information about these rights, or to submit a request, please contact us via our Contact page. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

 

SECTION 10 – TRANSFERS OF PERSONAL DATA

The Website and Services are hosted and operated in the United States (“U.S.”) through K&C and its service providers. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to K&C in the U.S. and will be hosted on U.S. servers, and you authorize K&C to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S.

 

SECTION 11 – DISPUTE RESOLUTION

As this Policy is part of our Terms and Conditions, any disputes involving you and us that relate to privacy or the use of your information, and that arise out of or are related to this Policy or our services, will be subject to our Terms and Conditions, including any provisions regarding the limitation of damages and liability, choice of law, and dispute resolution. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and use of the Website signifies your explicit consent to this waiver.

 

SECTION 12 – UPDATES TO THIS PRIVACY POLICY

We reserve the right to update or modify this Policy at any time without prior notice. For this reason, we encourage you to review this Policy whenever you purchase products from us or use the Website so that you may be informed of any updates. Amendments to this Policy are effective immediately when posted on this Website. Your continued use of the Website after posting of amendments will be deemed your acceptance of the changes to this Policy.