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PRIVACY POLICY

This privacy policy describes the personal data collected or generated (processed) when you use Kai Collective’s websites (“Sites”) and mobile applications (“Apps”). It also explains how your personal data is used, shared and protected, what choices you have relating to your personal data and how you can contact us.

The relevant Kai Collective entity is referred to as “Kai Collective”, “our”, “we” or “us” in this privacy policy.

We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, participate in our events or contests, or use our Sites or Apps.


This personal data includes your:

contact details including name, email, telephone number and shipping, billing address;

login and account information, including screen name, password and unique user ID;

personal details including gender, hometown, date of birth and purchase history;

payment or credit card information;

images, photos and videos;

data on physical characteristics, including weight, height, and body measurements (such as estimated stride and shoe/foot measurements or apparel size);

fitness activity data provided by you or generated through our Sites or Apps (time, duration, distance, location, calorie count, pace/stride); or

personal preferences including your wish list as well as marketing and cookie preferences.

We collect additional personal data from you to enable particular features within our Sites and Apps. For example, we request access to your phone’s location data to log your run route, your contacts to allow you to interact with your friends, your calendar to schedule a training plan or your social network credentials to post content from an App to a social network.

This personal data includes your:

movement data from your device’s accelerometer;

photos, audio, contacts and calendar information;

sensor data, including heart rate and (GPS) location data; or

social network information, including credentials and any information from your public posts about Kai Collective or your communications with us.

When interacting with our Sites and Apps, certain data is automatically collected from your device or web browser. More information about these practices is included in the “Cookies and Pixel Tags” section of this privacy policy below.

This data includes:

Device IDs, call state, network access, storage information and battery information; and

Cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.

In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.

We use your personal data in the following ways:

To Provide the Features of the Sites, Apps, and Services You Request

When you use our Sites and Apps, we will use your personal data to provide the requested product or service. For example, if you make a purchase on kaicollective.com or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.

In many cases, to use particular features within our Sites and Apps you may need to provide Kai Collective with additional data or additional consent to use particular data in a certain way. For example, to use the heart rate tracking features of our Apps, you may need to connect to a heart rate monitoring device. Similarly, to share content on social media, you may be required to provide your social media account credentials to sign in.



To Communicate Information about our Products, Services, Events and for Other Promotional Purposes

When you consent, we will send you marketing communications and news concerning Kai Collective’s products, services, events and other promotions. You can opt-out at any time after you have given your consent.

If you are an existing customer of Kai Collective (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar Kai Collective products or services where permitted by applicable law (unless you have opted-out). In other cases, we ask for your consent to send you marketing information. We may use the information that you provide to us as well as information from other Kai Collective products or services - such as your use of Kai Collective’s Sites and Apps, your visits to or purchases made in Kai Collective’s stores, your participation in Kai Collective’s events and contests - to personalize communications on products and services that may be interesting for you.



To Operate, Improve and Maintain our Business, Products and Services

We use the personal data you provide to us to operate our business. For example, when you make a purchase, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Sites and Apps.



To Protect Our or Others' Rights, Property or Safety

We may also use your personal data about how you use our Sites and Apps to prevent or detect fraud, abuse, illegal use, violations of our Terms of Use, and to comply with court orders, governmental requests or applicable law.



For General Research and Analysis Purposes

We use data about how our visitors use our Sites, Apps and services to understand customer behavior or preferences. For example, we may use information about how visitors to kaicollective.com search for and find products to better understand the best ways to organize and present product offerings in our storefront.



Other Purposes

We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.



Legal Grounds

To process your personal data, we rely on certain legal grounds, depending on how you interact with our Sites and Apps.

When you purchase Kai Collective’s products from our Sites and Apps, we need your personal data to fulfill our contract with you. For example, we need your payment and contact details to deliver your order.

We also rely on other legal grounds, such as our legitimate interests as a business, to comply with a legal obligation, or to protect your vital interests.

Kai Collective’s Sharing

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.



Kai Collective shares your personal data with:

Kai Collective entities for the purposes and under the conditions outlined above.

Third party service providers processing personal data on Kai Collective’s behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, manage brand and product promotions as well as administering certain services and features. When using third party service providers we enter into agreements that require them to implement appropriate technical and organizational measures to protect your personal data.

Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Sites and Apps or violations of our Sites’ and the Apps’ Terms of Use and our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting).

to any other third party where you have provided your consent.

We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).



Your Sharing

When you use certain social features on our Sites or Apps, you can create a public profile that may include information such as your screen name, profile picture and hometown. You can also share content with your friends or the public, including information about your Kai Collective activity. We encourage you to use the tools we provide for managing Kai Collective’s social sharing to control what information you make available through Kai Collective’s social features.

Encryption & Security

We use a variety of technical and organizational security measures, including encryption and authentication tools, to maintain the safety of your personal data.



International Transfers of your Personal Data

The personal data we collect (or process) in the context of our Sites and Apps will be stored in the USA and other countries. Some of the data recipients with whom Kai Collective shares your personal data may be located in countries other than the country in which your personal data originally was collected. The laws in those countries may not provide the same level of data protection compared to the country in which you initially provided your data. Nevertheless, when we transfer your personal data to recipients in other countries, including the USA, we will protect that personal data as described in this privacy policy and in compliance with applicable law.



We take measures to comply with applicable legal requirements for the transfer of personal data to recipients in countries outside of the EEA or Switzerland that do not provide an adequate level of data protection. We use a variety of measures to ensure that your personal data transferred to these countries receives adequate protection in accordance with data protection rules; this includes signing the EU Standard Contractual Clauses, verifying the recipient has adopted Binding Corporate Rules or adheres to the EU-US and Swiss-US Privacy Shield Framework. Where personal data is transferred within Kai Collective, we use an intragroup data transfer agreement.



Retention of your Personal Data

Your personal information will be retained for as long as is necessary to carry out the purposes set out in this privacy policy (unless a longer retention period is required by applicable law). In general, this means that we will keep your personal data for as long as you keep your Kai Collective account. For personal data related to product purchases, we retain this longer to comply with legal obligations (such as tax and sales laws and for warranty purposes). Click here to learn more for: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Finland, Hungary, Ireland, Luxembourg, Norway, Portugal, Romania, Slovakia, Slovenia, Sweden, Switzerland, United Kingdom.

You have the right to request: (i) access to your personal data; (ii) an electronic copy of your personal data (portability); (iii) correction of your personal data if it is incomplete or inaccurate; or (iv) deletion or restriction of your personal data in certain circumstances provided by applicable law. These rights are not absolute. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time.


If you like would to request a copy of your personal data or exercise any of your other rights, please use our Kai Collective Privacy Webform.

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us at help@kaicollective.com

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

KLARNA

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.

General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.




Opting Out of Direct Marketing

If you have a Kai Collective account, you can opt-out of receiving Kai Collective’s marketing communications by modifying your preferences in the "view or change my profile" section of our Sites. You can also opt-out by modifying your email or SMS subscriptions by clicking on the unsubscribe link or following the opt-out instructions included in the message. Alternatively, you can contact us using the contact details in the “Question and Feedback” section below.