PRIVACY POLICY & TERMS AND CONDITIONS

1. Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, Kibasho and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. Restrictions.

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Kibasho may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Kibasho a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Kibasho reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties.

This Website is provided “as is,” with all faults, and Kibasho makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability.

In no event shall Kibasho, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Kibasho, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification.

You hereby indemnify to the fullest extent Kibasho from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms.

Kibasho is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment.

Kibasho shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Kibasho and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

 

DATA INFORMATION PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

 

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your email address or other details to help you with your experience. 
 
When do we collect information?
 
We collect information from you when you subscribe to a newsletter or enter information on our site, or purchase a product from us.
 
For newsletter subscribers, the only information we ask for is your email address and first and/or last name, and only if you enter it yourself into our newsletter subscription box and click the submit button.
For product purchase, you must share your first name, last name, delivery address, and payment information with us.
 
When you subscribe or buy, your data is passed into our ecommerce provider, Shopify. 

 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  •  To improve our website in order to better serve you.
  •  To allow us to better service you in responding to your customer service requests.
  •  To administer a contest, promotion, survey or other site feature.
  •  To send periodic emails regarding your order or other products and services.
  • To collect payment and deliver your purchased product 

 

How do we protect your information?
 
We do not use vulnerability scanning and/or scanning to PCI standards.
 

We use regular Malware Scanning.

We are SSL encrypted.
 
Information is stored on private servers and data flows into our email delivery system only so we can send you emails and content you have subscribed to, as well as process your orders.
We share your name and delivery address with our trusted shipping partners and manufacturers so they may deliver your product appropriately.
 
We store the data until you request it be deleted (email admin@kibasho.com with any requests). You may also email us for access to any of your personal information (which is at this point your self submitted email and name). You can also email us if you'd like to make changes to any of your personal information. You may also email us with any requests to send your data to any third party of your approval. You may also unsubscribe from our newsletter at any point.
 
 

 

Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
 Understand and save user’s preferences for future visits.
 Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.It won’t affect the user’s experience that make your site experience more efficient and may not function properly.

 

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Cross Border Data Flows

Our data is stored in GDPR compliant US based databases.

Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
 On our Privacy Policy Page
Can change your personal information:
 By emailing us
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking

 

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?

 

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in-site notification and emails for our customers and subscribers.
 Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

 

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
 Send information, respond to inquiries, and/or other requests or questions
To be in accordance with CANSPAM, we agree to the following:
 Not use false or misleading subjects or email addresses.
 Identify the message as an advertisement in some reasonable way.
 Include the physical address of our business or site headquarters.
 Monitor third-party email marketing services for compliance, if one is used.
 Honor opt-out/unsubscribe requests quickly.
 Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at admin@kibasho.com
 Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

 

Contacting Us

 

If there are any questions regarding this privacy policy, you may contact us using the information below.

www.kibasho.com
1541 Ocean Avenue

Santa Monica, CA 90401

United States
admin@kibasho.com
Last Edited on 2018-05-24