OUR TERMS OF USE:
WELCOME TO KIMIAWELLNESS.COM. THIS WEBSITE IS OWNED AND OPERATED BY KIMIAWELLNESS (“KIMIAWELLNESS”, “we”, “our” or “us”) AND IS INTENDED TO PROVIDE WELLNESS SERVICES, PRODUCTS AND INFORMATION. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE ACCESSING, USING, PURCHASING OR PARTICIPATING IN OUR WEBSITE OR ANY OF OUR SITES WHICH LINK TO THESE TERMS (“SITE”) OR BEFORE ACCESSING, USING, PURCHASING OR PARTICIPATING IN ANY OF OUR SERVICES, COMMUNITIES, PRODUCTS, TRAININGS, PROGRAMS, COMPANY-PUBLISHED MATERIALS OR EVENTS (“PROGRAMS”).
BY USING THE SITE OR ANY OF THE PROGRAMS, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST DISCONTINUE USE OF THE SITE AND/OR OUR PROGRAMS IMMEDIATELY.
BY AGREEING TO THESE TERMS OF USE, YOU AGREE TO RESOLVE ALL DISPUTES WITH KIMIAWELLNESS THROUGH BINDING INDIVIDUAL ARBITRATION ONLY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS AND TO HAVE CLAIMS DECIDED BY A JURY OR OTHERWISE ADJUDICATED IN A COURT OF LAW, AS EXPLAINED IN THE DISPUTE RESOLUTION SECTION BELOW.
These terms of use, in conjunction with our Privacy Policy, Cookies Policy and any other similar terms and/or notices posted to the Site or agreed to in connection with access to or use of any of the Programs, each of which are incorporated in these Terms by this reference, constitute a legally binding agreement (the “Terms”) entered into between you (“you”, “your” or “User”) and KIMIAWELLNESS (each a “Party” and collectively the “Parties”) and govern your access to and use of our Site and Programs, whether as a guest or registered user. Please note that certain purchases and/or enrollments may be additionally subject to the terms and conditions of their respective purchase and/or enrollment agreement (each, a “Purchase Agreement”) as provided at the time of purchase and required to be signed prior to the acceptance of payment for, and KIMIAWELLNESS’s provision of any Programs associated with, such purchases. In the event of any conflict between the Terms and an applicable Purchase Agreement, the terms of the Purchase Agreement shall prevail solely to the extent of the conflict.
ACCESS AND USE
Our Site and Programs are intended to be utilized by adults. By accessing and/or using our Site and/or Programs, you affirm that you are at least eighteen (18) years old or the legal age of majority in your state or province of residence, have read and understand and agree to the Terms, and have the legal capacity to enter into a binding agreement with KIMIAWELLNESS. If you do not meet all of the foregoing eligibility requirements, you must not access or use the Site or the Programs.
However, we may, in our sole discretion, permit access to the Site or Programs by children who are younger than eighteen (18), but older than thirteen (13), provided that we receive the consent of a parent or guardian for such child and such other prerequisites as are determined by us in our sole discretion are met for such access. If a child between such ages desires access to or use of the Site or Programs you must contact KIMIAWELLNESS via email at info@kimiawellness.com and complete all requirements communicated by KIMIAWELLNESS.
PROGRAM PURCHASES
Any and all Program purchases are required to be initiated by a consenting adult authorized to purchase such Program with an approved method of payment. We reserve the right to refuse service, terminate access or accounts, remove or edit content or cancel orders in our sole discretion at any time.
By providing KIMIAWELLNESS with any method of payment, you represent and warrant that (i) the payment method information (including, but not limited to, credit card information) you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by any party associated with processing your method of payment (including, but not limited to, your credit card company), and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order.
Prices posted on the Site or at any time communicated to you be a representative of KIMIAWELLNESS are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in an order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices (if any) do not include any third party charges, such as taxes or charges for shipping and handling, if applicable. All such third party charges will be added to your order total. KIMIAWELLNESS strives to display accurate price information where applicable, however, KIMIAWELLNESS may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. KIMIAWELLNESS reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
You agree that any order initially placed with KIMIAWELLNESS is an offer to buy, under these Terms, all Programs listed in your order. All orders must be accepted by us, or we will not be obligated to provide the Programs to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
GEOGRAPHICAL RESTRICTIONS
The Site and Programs are restricted from being sold in or accessed from certain geographical areas, including but not necessarily limited to: Afghanistan, China, Croatia, Egypt, Georgia, Greece, India, Indonesia, Malaysia, Mexico, Pakistan, Philippines, Romania, Russia, Saudi Arabia, South Africa, Turkey and restricted from being sold in Utah, USA. We provide the Site and the Programs for use by persons located in jurisdictions where the Site and Programs may be provided, used and accessed. If you purchase, use or access the Site or Programs from a jurisdiction where the Site and Programs are restricted from being sold, used or accessed, you do so on your own initiative and are solely responsible for compliance with local laws.
Bypassing any KIMIAWELLNESS developed geographical restrictions or geo-blocking through any means is prohibited and considered to be a violation of these Terms. Any exception to geographical restrictions requires express written consent from KIMIAWELLNESS.
PRIVACY
To understand our privacy practices, please review our Privacy Policy below.
CONSIDERATION
You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site and our Programs, along with any related materials and information available at or through the Site or our Programs.
CODE OF CONDUCT
As part of the use of this Site, you may be included in events, groups or communities of the Company’s where you may have the opportunity to interact with team members, associates, clients or affiliates of KIMIAWELLNESS. As such, you are expected to adhere to any relevant codes of conduct or rules of engagement as published by KIMIAWELLNESS, including but not limited to the Community Guidelines & Expectations posted on KIMIAWELLNESS’s Site. KIMIAWELLNESS will make its best effort to post governing codes of conduct. At its sole discretion, KIMIAWELLNESS reserves the right to remove access to such events, groups or communities where users are abusive or demonstrate behavior KIMIAWELLNESS deems worthy of restriction. At KIMIAWELLNESS’s discretion, KIMIAWELLNESS reserves the right to substitute a similar and comparably valued product or service to fulfill the obligations of these Terms. Restriction for a code of conduct violation or abuse are not necessarily cause for cancellation, and do not warrant the return of funds for the purchase.
DELIVERY
Success Path Masterclass (SPM) and other training products are delivered immediately, once payment has successfully been processed. As part of the checkout (purchase) process, you will create your membership account and provide certain details/personal information; following completion of which, you will receive an email at the address provided containing your login credentials and necessary links to access your account and your digital training product. Any other products or services will be delivered pursuant to the terms and conditions contained in their relevant Purchase Agreement.
INTELLECTUAL PROPERTY
All content contained on the Site and/or in our Programs (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video content, digital downloads, data or software, is our property or property or our licensors/licensees; the compilation of which is KIMIAWELLNESS’s exclusive property and is protected by United States and international copyright laws, treaties and conventions. All software used on the Site or as part of our Programs is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each a “Mark“) contained on the Site or associated with our Programs are proprietary to us or our licensors/licensees. Our Marks may not be used by you unless you have received the prior written consent of KIMIAWELLNESS. All other Marks not owned by us that appear on the Site or in connection with the Programs are the property of their respective owners, who may or may not be affiliated with us, and you should not use such other Marks without the prior written consent of their respective owners.
We grant you a limited license to access and make personal use of the Site and/or our Programs that you purchase in accordance with the Use Restrictions set forth in these Terms. No right, title, or interest in or to the Site, the Programs or any content associated therewith is transferred to you, and all rights not expressly granted are reserved by the KIMIAWELLNESS. Any use of the Site or the Programs not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
USE RESTRICTIONS
These Terms permit you to access and/or use the Website and/or the Programs for your personal, non-commercial use only. No Content of the Site or any other website or mobile application owned, operated, licensed, or controlled by us, or otherwise associated with our Programs, may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except as follows: (i) your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing such Content; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; and (iii) you may print or download one copy of a reasonable number of pages of any Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not: (i) modify copies of any Content to the extent permitted hereunder; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
You shall not make any commercial use of our Site, Content or Programs, collect or use any product listings, descriptions, or prices, download or copy account information for the benefit of anyone else, or use any form of data mining or data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our (and each applicable owner’s) express written consent.
You may access and use the Site and, where applicable, the Programs only for lawful purposes and in accordance with these Terms. You hereby agree not to access or use the Site or the Programs:
● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
● To send, knowingly receive, upload, download, use, or re-use any material that does not comply with KIMIAWELLNESS’s posted content standards.
● To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
● To impersonate or attempt to impersonate a KIMIAWELLNESS employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or the Programs, or which, as determined by us, may harm KIMIAWELLNESS or users of the Site or the Programs, or expose them to liability.
Additionally, you agree not to:
● Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
● Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
● Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of the Site.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
● Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Site.
If you access or use, or provide any other person with access to or use of, any part of the Web Site or any Program in breach of these Terms, your right to use the Site and/or the Programs will stop immediately, we may immediately terminate your access and/or use to the Site and/or the Programs, and you must, at our option, return or destroy any copies of the Content you have made.
CONTENT DISCLAIMER AND RESPONSIBILITY
Any and all data, advice or suggestions associated with any Content provided on this Site or in connection with the Programs is to be used for informative purposes only; it is not intended to provide specific legal, financial, investment or tax advice. If you rely on any such data, advice or suggestions, you do so solely at your own risk and responsibility. The Content provided on our Site or with our Programs should not be treated as all-inclusive, users are encouraged to draw their own conclusion that best fits their business needs or to consult with their own tax, financial, investment or legal advisors where necessary.
Under no circumstances is KIMIAWELLNESS responsible for any content generated by its users or affiliates using the tools or services available on the Site. KIMIAWELLNESS bears no obligation to audit the content produced by its users or affiliates, although KIMIAWELLNESS’s affiliates are subject to KIMIAWELLNESS’s Affiliate Code of Conduct.
Users and affiliates are advised to consider the implications of their own production, as in case of any legal or judicial backlash the User would hold complete and sole liability.
KIMIAWELLNESS is not necessarily affiliated with any/all sites that may be linked to its Site, and therefore bears no responsibility for content located on third party sites. The sites are linked for the convenience of the User, and should be accessed at the User’s own risk. Any links or references to other websites, products, services or publications do not imply any endorsement or approval, other than its subsidiaries and affiliates. Certain names, graphics, logos, icons, designs, words, titles or phrases at this Site may constitute trade names, trademarks or service marks of KIMIAWELLNESS or other entities. The display of trademarks on this Site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
USE AND PROTECTION OF ACCESS AND CREDENTIALS
Users of the Site may be assigned a username and password (“Credentials”) in order to access certain areas of the Site and/or Programs. Assignment of Credentials deems User to be authorized to access the Site and/or Programs. User acknowledges and agrees that User is solely responsible for all access to and use of the Site and/or
Programs, including any and all communications and transmissions, financial obligations and purchases made through the Site, by anyone using the Site and/or Programs using the Credentials assigned to you, whether or not such access or use was authorized by you, which results from such access or use. As the User, you are solely responsible for protecting the security and confidentiality of your Credentials, and shall immediately notify KIMIAWELLNESS of any unauthorized use or disclosure, breach or threatened breach of the security to the Site and/or Programs which you are or become aware of. In short, you are responsible for any and all activity conducted using your Credentials.
You agree to ensure that you exit from the account associated with your Credentials at the end of each session. You should use particular caution when accessing your account via your Credentials from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable the account associated with your Credentials at any time if, in our opinion, you have violated any provision of these Terms.
You agree that all information you provide KIMIAWELLNESS in connection with its assignment of your Credentials with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
SYSTEM REQUIREMENTS
Access to the Site and/or Programs may require internet access, audio/video software or a compatible player or device (“Systems”). You are solely responsible for ensuring that you have the Systems necessary to make use of the Site and/or the Programs. Such Systems may require you to obtain updates/upgrades periodically in order to continue effective use and you are solely responsible for such updates/upgrades. Your ability to access or use the Site and/or Programs may be affected by the performance of such Systems. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Systems, and acknowledge that such System use, updates or maintenance may result in fees separate and in addition to any fees incurred by KIMIAWELLNESS, and such fees are the sole responsibility of the User.
USER-GENERATED CONTENT
While accessing the Site or participating in KIMIAWELLNESS Programs, you may elect to post reviews, comments, photographs, videos, personal information, testimonials, comments, questions or other information (“Post” or “Posts”). Such Posts may not be: illegal, obscene, threatening, defamatory, infringing on intellectual property rights, otherwise injurious to KIMIAWELLNESS or other third parties, political campaigning, solicitation, impersonating or any form of spam or otherwise inappropriate as determined by KIMIAWELLNESS (“Restricted Content”). KIMIAWELLNESS reserves the right, but is not obligated, to monitor, edit or remove any Post from its Site based on its sole determination as to what constitutes Restricted Content, and reserves all rights to remove or edit any such Post, or escalate such Post to relevant third-parties or governing authorities where it deems appropriate.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND AGREE TO HOLD HARMLESS KIMIAWELLNESS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Users should not post or submit any Posts they do not intend to be subject to the User-Generated Content License described herein. The Content described above combined with anything you post or send to us hereafter is collectively referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, whether intentionally or unintentionally, we shall have the unrestricted rights to the use such User-Generated Content, including your name or alias, for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You represent, warrant and agree that: (i) you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; (ii) that all such User-Generated Content is accurate; (iii) use of such User-Generated Content does not violate these Terms, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and (iv) you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential, legal, medical or fiduciary relationship is intended or created between you and KIMIAWELLNESS.
Each time that you access the Site, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
Posts and submissions are also subject to our Community Guidelines, which are accessible here.
LINKING TO THE SITE
You may link to our Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You must not establish a link from any website that is not owned by you, cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, link to any part of the Site other than the homepage, or otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, THE PROGRAMS, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE PROGRAMS, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE AND THE PROGRAMS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR THE PROGRAMS IS AT YOUR OWN RISK. THE SITE, ITS PROGRAMS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR THE PROGRAMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KIMIAWELLNESS NOR ANY PERSON ASSOCIATED WITH KIMIAWELLNESS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE PROGRAMS. WITHOUT LIMITING THE FOREGOING, NEITHER KIMIAWELLNESS NOR ANYONE ASSOCIATED WITH KIMIAWELLNESS REPRESENTS OR WARRANTS THAT THE SITE OR THE PROGRAMS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE PROGRAMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR PROGRAMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, KIMIAWELLNESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KIMIAWELLNESS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE PROGRAMS, ANY WEBSITES LINKED TO THEM, OR ANY CONTENT ASSOCIATED WITH THE SITE OR THE PROGRAMS OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KIMIAWELLNESS AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO KIMIAWELLNESS FOR THE APPLICABLE PROGRAM, PRODUCT AND/OR SERVICE OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ELECTRONIC COMMUNICATIONS
When you access our Site, enroll in our Programs, message through our communities, send emails to KIMIAWELLNESS or otherwise subscribe to any KIMIAWELLNESS material, you are communicating with us electronically, and expressly consent to receive electronic communications from us. We will communicate with you electronically either via email or by posting notices on the Site and by using the Site or the Programs you agree that any such agreements, notices, disclosures and other communications provided by us to you electronically satisfy any legal requirement that such communications be in writing.
SMS, MMS, TEXTING, AUTODIALED OR PRE-RECORDED CALLS
Users are not required to opt-in to any promotional messages or calls in order to use or make a purchase from KIMIAWELLNESS. Promotional text messages or calls are completely optional and not a requirement. As a user you will only receive promotional text messages or calls if you opt-in through online or application-based enrollment forms. Regardless of the opt-in method utilized to opt-in, you agree that these Terms apply to your participation. Message and data rates may apply. With respect to any text messages, reply “STOP” to end and “HELP” for help. Users opting in must understand and agree that any other method of opting out, including but not limited to texting words other than those set forth above or verbally requesting KIMIAWELLNESS remove you from a list, is not a reasonable means of opting out. Users may opt-out of autodialed or pre-recorded calls by contacting info@kimiawellness.com.
By opting in, you agree to receive autodialed or prerecorded messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer if you opt-in to a promotional message subscription, the foregoing shall in no way be interpreted to suggest or imply that any or all of our mobile messages are sent using an autodialer.
By opting in, you represent and warrant that you are the subscriber of the cellular service at the mobile number that you provided or that you are authorized by the subscriber to sign up to receive communications as described herein.
PROMOTIONAL EMAILS
Due to the digital nature of our product(s), users are required to provide an email address in order to make a purchase or gain access to the Site and/or the Programs, and as such, KIMIAWELLNESS may communicate with you regarding fulfillment of your order. Promotional emails are completely optional and are not a requirement. As a user, you will only receive promotional emails if you opt-in through online or application-based enrollment forms. Regardless of the opt-in method used to opt-in, you agree that these Terms apply to your participation. To unsubscribe from an email list to which you have subscribed, follow the unsubscribe link/instructions contained in the email.
Users who have purchased or set up an account with KIMIAWELLNESS may receive electronic communications and/or text messages and/or telephone calls as part of their purchase which are not considered to serve a ‘promotional’ purpose; such communications are for fulfillment related to a purchase.
GOVERNING LAW AND VENUE
These Terms and any issue or dispute arising out of or otherwise related to access or utilization of the Site or KIMIAWELLNESS’s products and services, including the Programs, or any other matter concerning KIMIAWELLNESS shall be governed exclusively by the laws of the State of California. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the scope of the arbitration clause set forth in the Dispute Resolution provision below, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Los Angeles County, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
To the extent you have, in any manner, violated or threatened to violate and/or infringe any component of this Site and/or KIMIAWELLNESS’s intellectual property, or these Terms, we may seek injunctive relief in the appropriate venue, whether state or federal, and you consent to exclusive jurisdiction and venue in such court.
DISPUTE RESOLUTION
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS AND TO HAVE CLAIMS DECIDED BY A JURY OR OTHERWISE ADJUDICATED IN A COURT OF LAW.
If you have a complaint or dispute, you agree to first contact us at info@kimiawellness.com to attempt to resolve such complaint or dispute. KIMIAWELLNESS has a complaint resolution process in place to address concerns promptly, fairly, and constructively in order to achieve the highest quality of service. No customer will be subject to unfair action and/or treatment by KIMIAWELLNESS as a result of the initiation of a complaint to our Customer Support team. Any controversy or claim arising related to the use of the Site, any Program, any Content, any KIMIAWELLNESS software, product, service, or your relationship with KIMIAWELLNESS, which cannot be resolved through such communications or negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”) and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in the Indemnification clause below. The arbitration will be conducted by a single neutral arbitrator in Los Angeles County, California, unless both parties agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, our Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to these Terms and whether a non-signatory to these Terms can enforce this provision against you or KIMIAWELLNESS. The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Both parties agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims by User must be brought within one (1) year after the claim arises (such period includes the one hundred and twenty (120) day informal resolution procedures described above) otherwise such claims by User will lapse and be deemed waived in their entirety. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding arbitration. You acknowledge and agree that you are waiving your right to trial by jury, and agree to have any claims decided individually and only through final, confidential and binding arbitration in accordance with this provision.
Notwithstanding any provision to the contrary herein, with respect to any claims of KIMIAWELLNESS for (i) payment for its Programs agreed to be provided pursuant to a Purchase Agreement or (ii) infringement of its intellectual property, KIMIAWELLNESS reserves the right to pursue such claims for payment and/or infringement in a court of law in the appropriate venue provided by the Governing Law and Venue provision of these Terms and this Dispute Resolution clause shall be inapplicable to KIMIAWELLNESS’s claim for payment and/or infringement.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless KIMIAWELLNESS, its managers, officers, employees, independent contractors, subcontractors, suppliers, affiliates, parent and/or sister companies, subsidiaries, and agents (“Indemnified Parties”) from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Site, Programs or content, or software, products or services related thereto, (2) information you submit or transmit through the Site or in connection with the Programs, (3) your breach of these Terms, or the representations and warranties provided by you in these Terms, or (4) your violation of any law or the rights of a third-party.
ASSIGNMENT
KIMIAWELLNESS may assign its rights under these Terms at any time, and without notice to you. Your rights under these Terms may not be assigned without our express written consent
FORCE MAJEURE
KIMIAWELLNESS shall not be responsible for any delay, damage or failure caused by any act of nature or other causes beyond our reasonable control.
SEVERABILITY
If any provision of these Terms is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
MODIFICATIONS
Consistent with KIMIAWELLNESS’s Change Notice posted on the Site, KIMIAWELLNESS reserves the right to change or modify these Terms of Use at our sole discretion at any time. If you do not accept such changes your use and/or access to the Site and any Programs accessible thereon will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by KIMIAWELLNESS on its Site as of the date indicated in the updated Terms of Use.
TERMINATION
Without prejudice to any other right of KIMIAWELLNESS, if you fail to comply with these Terms, KIMIAWELLNESS, at its discretion, may either sanction behavior or terminate these Terms, including the account associated with your Credentials and your access to and/or use of the Site and/or the Programs. In the event of termination for this reason, you must destroy all materials and copies obtained from this Site or the Programs and other derivative materials thereof, whether made pursuant to these Terms or otherwise.
ENTIRE AGREEMENT
These Terms, in conjunction with the Privacy Policy and any other policies or operating rules posted by us on or in respect to the Site and the terms of any Purchase Agreement executed in connection with a purchased Program, constitutes the entire agreement and understanding between you and KIMIAWELLNESS, and governs your access to and utilization of the Site and your purchase or attempted use of any Program, product or service, and supersede any prior or contemporaneous agreements, representations, communications and proposals, whether written or otherwise, between the Parties. We may, at our sole discretion, offer new products, services and/or features through the Site. Such new products, services and/or features shall be subject to these Terms and any other policies or operating rules posted by us on or in respect to the Site. Any ambiguities in the interpretation of these Terms shall not be construed against KIMIAWELLNESS.
CONTACTING KIMIAWELLNESS
We pride ourselves on delivering fast and courteous customer support service. Users are encouraged to contact us with any questions or concerns. Support is available via telephone during normal business hours, Monday through Friday between 9:00 am – 5:00 pm PST at (424) 274-2632, or via email at info@kimiawellness.com.
Communications via US Mail may be submitted to: KIMIAWELLNESS, 6320 Commodore Sloat Dr, Los Angeles, CA 90048.
OUR PRIVACY POLICY:
Your privacy is very important to us. and its affiliates, KIMIAWELLNESS (“we”, “us”, “our”, or “KIMIAWELLNESS”), respect your privacy and are committed to protecting it through our compliance with this policy. This Policy describes how we collect, use, store, process, protect and disclose “Personal Information,” which is generally information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device, as more fully described below, which we obtain from you when you visit the websites that we own or control (today or in the future) (the “Sites”), all services made available through the Sites, and all other mobile applications, digital resources, programs, or communications offered by us and other data collection services that we own or control (today or in the future) (the “Apps”), use any services we provide through the Sites or the Apps (collectively, with the Sites and the Apps, the “Services”), use our products, or that you provide to us by other means.
This Policy also governs the use of Personal Information we obtain from you from any third-party site or application that you authorize to provide us with Personal Information. Please be aware that we cannot control the privacy policies or practices of sites or companies that we do not own or control and cannot control the actions of people we do not employ or manage. This Policy also sets forth your rights and choices regarding how we collect, use, and share your Personal Information.
Please read this Policy carefully. This Policy is incorporated into and is subject to the Terms of Use for the applicable Services. In the event of a conflict between this Policy and such Terms of Use, the applicable Terms of Use will control. We have tried to make this Policy clear and easy to navigate, but if you have any questions about this Policy, please e-mail us at info@kimiawellness.com or contact us by another method described in this Policy. If you do not want us to collect, use, store or share your Personal Information in the ways described in this Policy, please do not use the Services. By using the Services, you consent to our collection, use, storage and sharing of your Personal Information as identified in this Policy.
I. Information We Collect
Information You Provide to Us
We collect information that you provide to us. When you use some of our Services, you may choose to provide certain information directly to us, to request more information, or for other reasons. We will collect, use, store and/or share such information, which may include Personal Information, consistent with this Policy. Examples of the Personal Information we collect that you provide to us include information you provide when you:
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fill in forms or create an account on one of our Sites or Apps or otherwise use the Services
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request customer service, ask product-related questions, ask service-related questions, sign up for our email newsletter, share suggestions or feedback, or otherwise correspond with us using the Services, email, phone, or access or interact with our Sites, pages or accounts on third-party social media platforms search for information using the Services
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purchase products or services or training from us
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submit reviews or comments on our Services or social media pages
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participate in a promotion, survey, sweepstakes, or contest
The types of Personal Information you may share with us include your name, email address, physical or postal address, phone number (including your mobile phone number), and the username and password you select to use the Services. We will also collect and maintain information about all transactions associated with your accounts.
Examples of information that we collect that you provide to us that do not constitute Personal Information include:
“Non-Personal Information” is any information that does not does not identify a natural person and is not identifiable to a natural person, such as:
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Anonymized information;
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Aggregated information; and
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Information about your business operations, including, but not limited to:
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The name, form, and contact details of legal persons in their business capacity.
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When data is described as “anonymized,” it means that the data is no longer associated with a particular person. When data is described as “aggregated,” it means that such information has been combined with other data in such a way that no person can be identified or linked to any specific action or information.
Information We Receive From Third Parties
We may collect your Personal Information from third party affiliates or business partners such as social media sites, ad networks, analytics providers, our business partners, and advertising and marketing agencies and vendors. We may also receive information from other sources to help us supplement our records, improve the personalization of our service to you, and detect fraud. Our goal is to limit the information we collect to the information needed to support our business.
Information We Collect Through Automatic Data Collection Technologies
You also provide us information in other ways through technology to help our Sites and Apps work properly and support customer service, marketing, and analytics efforts to help us understand our customers’ needs and provide information about our products and services. Some of this information may be linked to you personally. When you use our Services, our servers automatically record information that your browser or device sends whenever you visit a website or utilize an application. This information may include your IP address, the type of device you are using, the internet service provider or mobile carrier you are using, your device identifiers, your mobile telephone number, your geographic location and your activities within the Services, including the links you click, the pages or screens you view, your session time, the number of times you click a page/screen or use a feature of the Services, the date and time you click on a page or use a feature and the amount of time you spend on a page or using a feature.
Our Sites also use “cookie” technology to collect additional website usage data and to improve the Sites and our Services. A cookie is a small data file that we transfer to your computer’s hard disk. A session cookie enables certain features of the Sites and is deleted from your computer when you disconnect from or leave the Sites. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Sites. We may use both session and persistent cookies to better understand how you interact with our Sites, to monitor aggregate usage by our uses and web traffic routing on our Sites, and to improve our Sites and Services. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all of the services or functionalities of the Sites.
We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the pages or other content you view or otherwise interact with on our Sites and the dates and times that you visit, access or use our Sites. We may also use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on or forwarded a message, to the extent permitted under applicable law.
We also use Google Tag Manager and Google Analytics to collect information automatically. Google Analytics only collects the IP address assigned to you on the date you visited the site and does not gather your name or other identifying information. We do not combine the information collected through Google Analytics with your identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the site, the cookie cannot be used by anyone but Google. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. For information about how to opt-out of Google Analytics Advertising Features, visit:
https://tools.google.com/dlpage/gaoptout/
We use Google Tag Manager to install, store, and manage marketing tags, which allows us to track activity on the Sites, such as link and button clicks, form submissions, file downloads, video views.
In short, we use these automated technologies to collect the following information:
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your IP address, browser type, and operating system;
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the mobile device you use and its temporary or persistent unique device identifiers;
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pages you view within the Services;
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video viewing history for videos you watch on the Services;
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emails from us that you open and/or forward;
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offers or links from us to which you connect; and
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information about products you purchase using the Services, including payment method, the date and time of the transaction, items purchased, the purchase price, and other order or purchase related information.
Information Collected by Third Parties
We may display third-party content on the Sites and the Apps, including third-party advertising. Third-party content may use cookies, web beacons or other mechanisms for obtaining data in connection with your interaction with such third-party content. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by us. Please consult such third party’s data collection, use and disclosure policies for more information. If you do not consent to such third-party data collection, use and disclosure practices, do not use or interact with the third-party content on the Sites and Apps.
Links to Other Websites
The Sites and Apps may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer or mobile device, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third party sites or services to which links or access are provided through our Sites and Apps. We encourage you to read the privacy policies or statements of the other websites you visit.
II. How We Use The Information We Collect
Non-Marketing Purposes
We may use the information we collect for non-marketing purposes including:
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validating your identity and managing your account with us;
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processing your transactions and providing our products and services to you;
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communicating with you for non-marketing purposes, including order processing and fulfillment and about employment opportunities and job openings;
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sending you push notifications or e-mails to provide you with alerts and updates about your account and our Services;
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conducting statistical or demographic analysis;
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complying with legal and regulatory requirements;
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customizing and improving your experience with the Services or our products;
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protecting and defending KIMIAWELLNESS and its affiliates against legal actions or claims;
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detecting and preventing fraud;
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debt collection;
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satisfying contractual obligations;
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cooperating with law enforcement or other government agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that disclosure of Personal Information is necessary or appropriate to protect the public interest;
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improving customer service;
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providing you the features and functionalities associated with the Services;
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any other purposes for which we obtain your consent; and
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for other business purposes permitted under applicable law or disclosed at the time we collect the data (collectively, “Non-Marketing Purposes”).
These purposes may be necessary for us to perform a contract to which you are a party, comply with a legal obligation to which we are subject, protect our vital interests or the interests of another natural person, or otherwise pursue our legitimate business purposes and objectives. We may obtain your consent to process your Personal Information if and as necessary.
Marketing Purposes
We may use the Personal Information we collect for our own marketing purposes including notifying you of special promotions, offers and events via push notifications, email and other means, subject to compliance with applicable laws and consent requirements. We may also link Personal Information (including your name, mobile phone number, and email address) with non-personal information (including Personal Information automatically collected as described in this Policy) and use such information for our own marketing purposes.
Other Purposes
We may also use information in the aggregate to understand how our users as a group use the Services provided on our Sites and Apps. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated or incompatible purposes without providing you notice.
Because Non-Personal Information does not personally identify you, we may use and disclose such information for any purpose. In some instances, we may combine this information with Personal Information (such as combining your name with your location data), but in such instance, we will treat the combined information as Personal Information.
III. How and With Whom We Share Your Information
For business purposes, we may share certain Personal Information we receive from and about you, and about your transactions with us, with our affiliates and certain third parties, including our advertising/digital agencies and other vendors, including our contractors, service providers and other third parties we use to support our business. Doing so allows us to provide the Services you request.
We may also share your Personal Information with the following third parties:
Third Party Service Providers
Your Personal Information may be shared with or collected by third party service providers who provide us with services, including, but not limited to, facilitating mailing information and services, data hosting or processing, payment and credit card processing, processing and fulfilling transactions, and shipping and delivering products you order. We require these third-party service providers to exercise reasonable care to protect your Personal Information and restrict their use of your Personal Information to the purposes for which it was provided to them.
We may also allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Services. For example, we use Google Analytics and Google Tag Manager, as explained above.
Anonymous Information/Aggregated Information
We may freely use aggregated and anonymized information as allowed by law and share it with third parties. Any anonymized information we provide to third parties does not identify you and is not considered Personal Information, and, as such, is not subject to the terms of this Policy.
Sale of our Business; Bankruptcy
In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us. We reserve the right, in connection with these types of transactions, to transfer or assign your information and other information we have collected to third parties or to authorize third parties to use any such information retained by us. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new Privacy Policy adopted by the successor entity.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against legal claims, for legal process (including subpoenas), to protect the property and rights of us or a third party, to protect us against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Services and any equipment used to make the Services available, or to comply with applicable law.
IV. Access to Information and Your Choices
We provide you with the opportunity to access, update or delete certain information and to unsubscribe or opt-out from certain communications. For example, you may exercise your choices as explained below. Please be aware that, if you do not allow us to collect and use your personal information, we may not be able to deliver certain products, services, promotions, and offerings to you. To protect your privacy and security, we reserve the right to take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Account Management Options
You may access, correct or update certain personal information you have provided to us at any time by accessing your KIMIAWELLNESS user account, if you have one. If you have a KIMIAWELLNESS user account, you may also choose to close it by accessing your profile online. You may also choose how and whether to receive promotional or marketing communications from us by exercising your choices by following instructions available on the Services or in communications sent to you, or by contacting us using one of the methods described in this Privacy Policy.
Opt-Out/Correction/Deletion Requests
You may receive mailings or emails from us with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from us or on our behalf. If at any time you wish to stop receiving emails, mailings, or other communications from us please reply to any of our emails and type “unsubscribe” in the subject line or send us an email to info@kimiawellness.com and we will remove you from our mailing list. Please note that we may continue to send transactional or account-related messages to you.
Alternatively, for email communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth in the messages you receive from us. Your unsubscribe request or email preferences change will be processed promptly, though this process may take several days. During that processing period, you may receive additional email communications from us.
We will support your ability to access, correct, and delete your Personal Information. If we have obtained your Personal Information from another third party, we may confirm your request through them. For assistance with exercising your choices, or if you have any questions about your choices, please contact us at info@kimiawellness.com.
V. Our Use of Facebook
We tell you how we use your data and what your choices are when you interact with us on Facebook. We offer Facebook pages, posts and ads primarily as a communication channel to introduce, inform, educate and encourage. This privacy policy will not tell you what Facebook does with your data. We encourage you to review Facebook’s privacy policy and settings to make sure you understand how they collect, use, and share information. To help us manage these Facebook activities, we work with vendors who have contractually promised to handle or use the data in ways that are approved by us.
When you interact with us through Facebook, the information that we can access and store is affected by the permissions you grant and the privacy settings you maintain through Facebook. We will handle your information in accordance with this Privacy Policy.
We obtain information about you through our Facebook pages, including comments that you post (typically in response to our posts) and personal information you submit either via a Facebook application on one of our pages or participation in one of our Facebook contests/giveaways. The privacy implications of each are outlined below.
Our Facebook Pages
We enjoy interacting with our users through Facebook and encourage you to engage with our pages by tagging us, leaving comments, posting photos, etc. When you do engage with us via one of these actions, please remember that it’s public and use caution when posting personal information. We won’t use it outside of Facebook, but it will remain on our Facebook pages, unless we feel we need to remove or block your content to maintain an atmosphere of respect.
If you opt to receive communications from us on Facebook, we will collect the minimum amount of personal information needed to administer the activity. This may include collecting your name, address, age, and email address. We will delete as much as we can as soon as these purposes have been met. Where we use vendors to help us with these tasks, we’ll contractually ask them to do the same. Where possible, we will also offer you an alternative way of participating in the contest that does not involve Facebook.
Our Facebook Posts
We may customize our posts to you, using categories provided by Facebook, where we feel we can improve your experience without compromising your privacy and in compliance with our privacy policy.
If we mention your comment in our posts, we will only identify you by your first name to preserve your privacy.
Our Facebook Ads
We place Facebook ads for the purpose of introducing Facebook users to our products and services, encouraging them to contribute to our community-based activities, and raising their awareness of our campaigns and Facebook presence.
Facebook requires us to choose which countries we want our ads to run in. This also helps us to determine which language to serve the ad in. Where we feel we can improve your experience without compromising your privacy, we may further customize our Facebook ads using categories provided by Facebook. These are carefully reviewed for compliance with our privacy policy and Facebook doesn’t share any of your personal information with us. For example, we may target a Facebook ad to residents of a city where we have an event.
Facebook/Meta Pixel
With your consent, the Meta pixel is used on our website. The Meta pixel with the remarketing function is provided by Meta and helps us measure the effectiveness of our advertisements by understanding what actions visitors take when they visit our websites or mobile applications. This allows us to target, based on visitors’ prior use of this website, advertisements to visitors of this website once they visit the social network Facebook and to create custom audiences on the social media platform and serve advertisements to users who match the characteristics of these audiences. Through the Meta pixel a direct connection to the Meta servers is made when visitors visit this website. This will send the information to the Meta server that a visitor visited this website, and Meta will process this information and can assign this information to a visitor’s personal Facebook user account.
We may share with Facebook/Meta certain data regarding actions that you take on our Websites such as your visits to our Websites, your interactions on our Websites, and information collected from cookies or similar technologies including the Meta pixel. This allows us to measure the effectiveness of our advertising, improve our marketing practices, and helps us deliver more relevant advertising to you and people like you (including on social media such as Facebook). We are a joint data controller with Meta for this processing. This means that we must provide you with this notice, but you should contact Facebook if you wish to exercise your data protection rights.
You can manage your privacy and ads preferences through your account settings on Facebook. Further information, including how Facebook enables you to exercise your data protection rights, and subsequently processes your information as independent data controller can be found in Meta’s Data Policy, which is accessible at https://www.facebook.com/about/privacy
The legal basis for using the Meta pixel and the subsequent processing of the data collected in connection with the Meta pixel is your consent. We will only use the Meta pixel if you explicitly allow it. If you permitted the use of the Meta pixel, you can withdraw your consent and disable the Meta pixel at any time by updating your cookie settings or by updating your Facebook account settings.
You have the right to object, on grounds relating to your particular situation, at any time to such processing. To exercise this right you may at any time deactivate the use of non-essential cookies in the cookie settings.
VI. Security
We are committed to protecting the security of the Personal Information you provide to us and that we collect about you. We maintain commercially reasonable safeguards to maintain the security and privacy of Personal Information that you provide to us. Our safeguards vary based on the sensitivity of the information that we collect and store.
Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the use of email and the internet. Your information may be intercepted without our consent, collected illegally and used by others without your consent. We cannot guarantee the security of any information you disclose online, and you do so at your own risk. You are responsible for maintaining the security of your account username and password. We recommend that you change your password periodically. If you believe that your account username and/or password have been stolen or been made known to others, it is your responsibility to immediately contact us at info@kimiawellness.com and change your password. We are not responsible if someone else accesses your account through information they have obtained from you.
VII. Underage Persons
The Services are for use by persons who are at least 13 years of age. If you are younger than 13, you may not access, attempt to access, or use the Services. We do not knowingly collect or allow the collection of Personal Information via the Services from persons under the age of 13. Should we become aware that anyone between the age of 13 and 18 has submitted personal information to our online and mobile resources without parental or legal guardian’s consent, we will delete that information and not use it for any purpose. If you believe that someone under the age of 18 has submitted personal information through the Services, please contact us info@kimiawellness.com. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the internet.
VIII. Collection and Use of Personal Information of Employment Applicants
If you complete an application for employment with KIMIAWELLNESS or its affiliates or request information regarding such opportunities, we may collect personal information that you provide (such as information contained in a resume or cover letter) in connection with your request for information and/or to evaluate your application for employment. We may also collect personal information about you from third parties to supplement, update, or verify your information, and/or to process your application. Applicable law may require that you authorize a third party to share your personal information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your employment application. By applying to become an employee of KIMIAWELLNESS or its affiliates, you consent to our collection, use, and disclosure of your personal information as described above, to the extent permitted by applicable law.
IX. Retention
We retain personal information for as long as necessary to fulfill the purposes for which it is collected or processed. We also retain information for related business purposes, security, legal compliance, and disputes and claims handling as permitted by applicable law.
X. Changes to this Policy
We may revise this Policy from time to time in our sole discretion, and the updated Privacy Policy applies to you after the effective date of the revision. Your continued access or use of the Services following any amendments to the Policy constitutes your acceptance of the Policy as amended. It is your sole responsibility to monitor our website for changes to the Policy.
XI. Contact Us
If you would like to review, update or correct your information or modify your communication preferences, or if you have questions regarding our Privacy Policy or the use of information collected, you can contact us at: info@kimiawellness.com.
XII. EU Privacy Rights
GDPR
The General Data Protection Regulation (“GDPR”) provides EU data subjects several privacy rights. Those rights include the following:
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The Right to Access: Allows you to request information from us about your Personal Information, including what data we have and how and why it is being processed.
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The Right to Rectification: Allows you to correct or supplement your Personal Information where it is inaccurate or incomplete.
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The Right to Erasure: Allows you to request that we erase Personal Information about you that we have in our possession.
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The Right to Restriction of Processing: Allows you to restrict our use of your Personal Information so that it is only processed with your consent.
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The Right to Object to Processing: Allows you to object to our processing of your Personal Information carried out on the basis of its legitimate interests, to carry out tasks in the public interest, or to exercise official authority. In cases where you object to our processing of your Personal Information for direct marketing purposes, the processing will cease.
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The Right to Data Portability: Allows you to request from us a copy of your Personal Information that it has on file and to transfer that information to someone else without any interference from us. In some cases, you may be able to request that we transfer your Personal Information directly to a third party on your behalf.
In addition, to the extent that we process any of your Personal Information on the basis of your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing that was based on your consent before its withdrawal. Please note that each of these rights may be subject to limitations or exceptions under applicable law. Consult your legal counsel for information about what rights are available to you and under what circumstances they apply. Please contact us using the contact information below for assistance in exercising your rights.
If you are a natural person residing in the EU and at any time you believe we have violated one of your rights listed above, or if you believe we are in violation of one or more of the provisions of the GDPR, you have the right to lodge a complaint with a Data Protection Authority. More information about the Data Protection Authorities can be found at:
https://commission.europa.eu/law/law-topic/data-protection/reform_en
International Information Transfers
KIMIAWELLNESS is headquartered in the United States of America, and its controlled affiliates and independent authorized dealers are located in countries throughout the world. Personal Information may be accessed in or transferred to the United States or to our controlled affiliates, authorized dealers, and data processors elsewhere in the world for the Purposes described in this Privacy Policy. When we access or transfer Personal Information, we do so in compliance with applicable law. Additionally, we protect the privacy and security of Personal Information in the manner described in this Privacy Policy, regardless of where it is processed or stored.
Personal Information that we receive in the United States concerning persons in the European Union is transferred subject to appropriate safeguards, including the European Union’s standard contractual clauses for the transfer of personal data to third countries. A copy of these clauses is available upon request, free of charge. To request a copy of the standard contractual clauses, please contact us using the information provided in this Privacy Policy.
XIII. California Privacy Rights
If you are a California consumer, the following provisions apply to our processing of information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“California Personal Information”). For California consumers, the following provisions prevail over any conflicting provisions in other sections of this Privacy Policy.
We have collected the following categories of California Personal Information within the last 12 months from the sources listed below:
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Identifiers, such as a real name, physical address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. This category of information is collected from you, your devices, third parties (such as linked sites), and public databases.
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Personal information described in Section 1798.80(e) (California customer records statute), such as a name, address, telephone number. This category of information is collected from you, your devices, our affiliates, or other third parties such as our business partners.
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Characteristics of protected classifications under California or federal law such as age and gender. This category of information is collected from you when you choose to provide it to us directly or indirectly through our service providers and business partners as part of our surveys and market research.
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Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. This category of information is collected from you, our affiliates, or other third parties such as our business partners.
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Internet or other similar network activity, including, but not limited to, browsing history, search history, browser settings like language preference, and information regarding a consumer’s interaction with a website, application, or advertisement. This category of information is collected from you and your devices.
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Sensory data, including electronic, visual, or similar information. This category of information, such as photos, is collected from you and third parties (such as linked sites), or our service providers.
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Inferences, such as a profile about a consumer’s preferences, characteristics, and behavior, drawn from information we collect and insights we receive from third parties such as our marketing and advertising partners and data analytics providers.
Please see the “Information We Collect” section of our Policy to learn more about the types of information we collect and how we collect them.
For each of the above categories, we use the California Personal Information for a variety of business purposes such as:
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Fulfilling your orders and requests for products, services, and information;
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Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf;
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Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;
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Debugging to identify and repair errors in our systems;
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Short-term, transient use including contextual customization of ads;
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Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services;
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Conducting internal research to develop and demonstrate technology;
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Conducting activity to verify, enhance, and maintain the quality of services or devices which we may own, control, or provide;
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Other business purposes described in the “How We Use The Information We Collect” Section of this Policy.
We may also use the information we collect for our own operational purposes, purposes for which we provide you additional notice, or for purposes compatible with the context in which the California Personal Information was collected.
Within the last 12 months, we have disclosed California Personal Information for our business purposes. To learn more about the categories of third parties with whom we share such information, please see the “How and With Whom We Share Your Information” Section of this Policy.
We do not sell and, within the last 12 months, we have not sold, California Personal Information, including California Personal Information of individuals under 16 years of age.
Your California Privacy Rights
If you are a California consumer, you have certain rights related to your California Personal Information, including:
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The right to request that we disclose to you:
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the specific pieces of California Personal Information we have collected;
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the categories of California Personal Information we have collected about you;
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the categories of sources from which the California Personal Information is collected;
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our business or commercial purpose for collecting or selling California Personal Information; and
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the categories of third parties with whom we share California Personal Information.
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The right to request that we delete California Personal Information about you.
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You may request to exercise these rights by:
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Calling us at (424) 274-2632; or
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Emailing us at info@kimiawellness.com; or
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Writing to us at: KIMIAWELLNESS, 6320 Commodore Sloat Dr., Los Angeles, CA 90048.
As required under applicable law, please note that we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide your first name, last name, and email address to verify your identity in response to exercising requests of the above type. You will, therefore, need access to your email account to receive our communications necessary to process your request. Please make sure to check your spam inbox to ensure these important communications are not missed. We may limit our response to your exercise of the above rights as permitted under applicable law. When you submit a request to exercise your rights above, we will use the information you provide to process your request and to maintain a record of your request and our response, as permitted under applicable law.
Under California law, you may designate an authorized agent to make a request on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. We may require you to verify your own identity in response to a request, even if you choose to use an agent.
Non-Discrimination
We may not discriminate against you because of your exercise of any of the above rights or any other rights, subject to the rights and the obligations under the California Consumer Privacy Act, including by:
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Denying you goods or services;
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Charging different prices or rates for goods or services, including through the use of discounts, loyalty programs, or other benefits or imposing penalties;
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Providing you a different level or quality of goods or services; or
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Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
We will not discriminate against you for exercising your CCPA privacy rights.
California Job Applicants—for California Residents Only
This California Job Applicant Notice describes how we and our subsidiaries and affiliates, handle personal information about you when you submit your resume or application materials to us for employment or other professional working relationship purposes, or sign up for job alerts. We may collect the following categories of personal information about you: identifiers (e.g., name, address, email address, and phone number); protected characteristics (e.g., sex, gender, age, citizenship, disability status, and veteran status); professional or employment-related information (e.g., employment history, educational background, certificates and licenses, work eligibility information and other information obtained from your resume, cover letter, your responses to our application questions, background check forms, and your references); other personal records (e.g., signature, photograph, and criminal background information); and inferences drawn from personal information collected (e.g., creating a profile that reflects your abilities and aptitudes). If you choose to connect your application to social media platforms like LinkedIn, we may also collect your personal information viewable by us on that social media platform.
We collect the above categories of personal information for the following business purposes: to evaluate your candidacy for the position you applied for; to perform recruitment and hiring services; to communicate with you when positions matching your job alert become available; to manage the workforce; to comply with federal and state laws, and to maintain security (e.g., detecting security risks and incidents, protecting against fraudulent or illegal activity, and complying with our policies and procedures).
If you accept a position and are employed by us, the information obtained through the application and recruitment process will become part of your employment record and used for employment-related purposes subject to applicable law.
We may share some of the personal information with third-party vendors as necessary for us to consider a particular job applicant for employment. Such vendors could include the entity that hosts our job applicant portal.
For more information about our careers and recruiting, please contact us by:
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Calling us at (424) 274-2632; or
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Emailing us at info@kimiawellness.com; or
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Writing to us at: KIMIAWELLNESS, 6320 Commodore Sloat Dr., Los Angeles, CA 90048.
Do Not Track
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings. We do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.
XIV. Other State Law Privacy Rights
Nevada Residents
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: info@kimiawellness.com. However, please know we do not sell data triggering that statute’s opt-out requirements.
Virgina Residents
Your Virginia Privacy Rights. This section applies to Virginia consumers as defined by the Virginia Consumer Data Protection Act (“VCDPA”) that access or use our Products. This section describes our collection, use, and disclosure of “Personal Data” (as defined in the VCDPA). Please review our Privacy Policy above to learn more about the categories of Personal Data we process, the purpose for processing your Personal Data, and the categories of third parties with whom we disclose Personal Data.
If you are a Virginia resident, subject to certain conditions and restrictions set out in the VCDPA and other applicable laws, you have the following rights with regard to your Personal Data:
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Right to Access. You have the right to request access to and obtain a copy of any personal data that we may hold about you.
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Right to Correct. You have the right to request that we correct inaccuracies in your personal data.
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Right to Delete. You have the right to request that we delete personal data that we have collected from or obtained about you.
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Right to Opt Out of Targeted Advertising. You have the right to opt out of targeted advertising and the sale of your data (as defined under Virginia law). We do not use your data for targeted advertising, so we do not offer this right.
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Right to Opt Out of Sales. We do not sell your Personal Data and as such do not offer this right.
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Right to Opt Out of Profiling. You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. We do not profile in a manner that would result in legal or similarly significant effects and as such do not offer this right.
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Right to Appeal. If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal our decision, by submitting a written notice of appeal to us via email at info@kimiawellness.com; or writing us at: KIMIAWELLNESS, 6320 Commodore Sloat Dr., Los Angeles, CA 90048. Your appeal will be reviewed and we will provide you with a written decision within 60 days explaining any action taken or not taken in response to your appeal and the reasons for such decisions, along with further rights that may arise from your appeal.
To respond to some requests we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. Authorized agents can make a request on your behalf if you have given them legal power of attorney or we are provided proof of signed permission, verification of your identity, and, in some cases, confirmation that you provided the agent permission to submit the request.
You may exercise your privacy rights under the VCDPA no more than twice in a 12-month period. If you choose to exercise any of the privacy rights described above, you will not receive discriminatory treatment from us.
Colorado Residents
Your Colorado Rights Regarding Your Personal Data. Colorado law provides some Colorado residents with the rights listed below. To exercise these rights see the “Exercising Your Colorado Privacy Rights” section below.
Right to Know. You have the right to know and see what personal data we have collected about you in a portable format.
Right to Correct. You have the right to request that we correct inaccurate personal data.
Right to Delete. You have the right to request that we delete the personal data we have collected about you.
Right to Opt Out. You have the right to opt out of targeted advertising and the sale of your data (as defined under Colorado law). We do not sell or use your data for targeted advertising, so we do not offer this right.
Exercising Your Colorado Privacy Rights. To request access to or deletion of your personal data, or to exercise any other privacy rights under Colorado law, please contact us by calling us toll-free at (844) 552-880; emailing us at info@kimiawellness.com; or writing us at: KIMIAWELLNESS, 6320 Commodore Sloat Dr., Los Angeles, CA 90048.
Exercising Your Appeal Rights. To appeal our decision regarding a request related to these rights, please submit a written notice of appeal to us via any of the methods set forth above. Your appeal will be reviewed and we will provide you with a written decision within 60 days explaining any action taken or not taken in response to your appeal and the reasons for such decisions, along with further rights that may arise from your appeal.
To respond to some requests we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. Authorized agents can make a request on your behalf if you have given them legal power of attorney or we are provided proof of signed permission, verification of your identity, and, in some cases, confirmation that you provided the agent permission to submit the request.
Connecticut Residents
Your Connecticut Rights Regarding Your Personal Data. Connecticut law provides some Connecticut residents with the rights listed below. To exercise these rights see the “Exercising Your Connecticut Privacy Rights” section below.
Right to Know. You have the right to know and see what personal data we have collected about you in a portable format.
Right to Correct. You have the right to request that we correct inaccurate personal data.
Right to Delete. You have the right to request that we delete the personal data we have collected about you.
Right to Opt Out. You have the right to opt out of targeted advertising and the sale of your data (as defined under Connecticut law). We do not sell or use your data for targeted advertising, so we do not offer this right.
Exercising Your Connecticut Privacy Rights. To request access to or deletion of your personal data, or to exercise any other privacy rights under Connecticut law, please contact us via toll-free at (844) 552-880; emailing us at info@kimiawellness.com; or writing us at: KIMIAWELLNESS, 6320 Commodore Sloat Dr., Los Angeles, CA 90048.
Exercising Your Appeal Rights. To appeal our decision regarding a request related to these rights, please submit a written notice of appeal to us via any of the methods set forth above. Your appeal will be reviewed and we will provide you with a written decision within 60 days explaining any action taken or not taken in response to your appeal and the reasons for such decisions, along with further rights that may arise from your appeal.
Utah Residents–Effective December 31, 2023
Your Utah Rights Regarding Your Personal Data. Utah law provides some Utah residents with the rights listed below. To exercise these rights see the “Exercising Your Utah Privacy Rights” section below.
Right to Know. You have the right to know and see what personal data we have collected about you in a portable format.
Right to Delete. You have the right to request that we delete the personal data we have collected about you.
Right to Opt Out. You have the right to opt out of targeted advertising (as defined under Utah law) or the sale of your personal data. We do not sell or use your data for targeted advertising, so we do not offer this right.
Exercising Your Utah Privacy Rights. To request access to or deletion of your personal data, or to exercise any other privacy rights under Utah law, please contact us via toll-free at (844) 552-880; emailing us at info@kimiawellness.com; or writing us at: KIMIAWELLNESS, 6320 Commodore Sloat Dr., Los Angeles, CA 90048.