PRIVACY & POLICY

Privacy & Policy

Welcome to www.KIWABI.com (the “Site”). Your privacy is important to us. It is our policy to protect your Personal Information (as defined below) and to use it only in accordance with this Privacy Policy. By using the Site, you consent to our collection and use of your Non-Personal and Personal Information as described in this Privacy Policy, as updated or revised from time to time. This Privacy Policy only governs our use and disclosure of information collected through this Site.

Non-Personal Information

We automatically collect information about you by using cookies and other technologies when you visit our sites, including but not limited to:
• The name of the Internet domain you used to access the Internet,
• The IP address of the web site from which you linked directly to our Site,
• The date and time you accessed our Site
• The pages you visited.
Site you visited before coming to our site

Use of Non-personal information:

This information (“Non-Personal Information”) does not identify you personally. We use this Non-Personal Information to monitor the effectiveness of the Site and to consider potential improvements to the Site. Information gathered may also be used in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We may share or transfer such aggregate, Non-Personal Information with or to our affiliates, licensees and partners.

Personal Information:

We only collect certain personally identifiable information about you via this Site when you provide it in connection with a request for a product, service, or information (“Personal Information”) as below.

• Name, email address, postal address
• Username and password
• Phone number or mobile number
• Age
• Date of birth
• Other information about you and your family such as gender or product use preferences and/or behaviors
• Biometrics collected during volunteer consumer research studies (such as facial expression recognition, heart rate, and skin condition)
• Demographic information
• Payment information (such as a credit card)
• Future communication preferences
• Contact information for friends you may wish us to contact. When you provide us information for these refer a friend messages, we use the information only to send the message you request

Use of None personal information:

When you submit your Personal Information on this Site, you are giving your consent to the collection, use and disclosure of your Personal Information as set forth in this Privacy Policy. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information. By submitting your Personal Information, you agree that KIWABI Products may use such information to fulfill your request for a product, information, or other service, or respond to an email or other request. You cannot opt-out of receiving communications from us (or third parties who may assist us) relating to a specific order or request for a product or service. However, we do not share your credit card or other account information with unaffiliated third parties unless you authorize us to do so, or if it is necessary to fulfill our responsibilities including, but not limited to, delivering a product or service that you order. We may also use your Personal Information to create and deliver to you our newsletters or surveys, communications containing product information, usage tips or promotions, help improve our website(s) or services, or customize visitors’ experience at our website(s).

Ensuring Your Security

We use the Secure Sockets Layer (SSL), an advanced security protocol that protects your credit card information and ensures secure online ordering. SSL Internet connections are encrypted, and thus protect all credit cards ordering information, including your name, address and credit card number, so it cannot be read in transit. We use secure technology, privacy protection controls, and restrictions on employee access, to safeguard your personal information. We do not retain the credit card information after the transaction is completed.

Technology Utilized

There are two commonly used technologies used on this site, clear gifs and cookies. We use these to monitor the performance of the site and to measure its effectiveness. “Cookies” are small pieces of information stored by your browser on your computer’s hard drive. We do not use cookies to obtain any personally identifying information. Most web browsers automatically accept cookies, but you can usually change your browser to prevent this. Please be assured that accepting a cookie does not give us access to your computer or personal information under any circumstances. If you disable cookies, you may be unable to order or use other features of our sites. If you experience any problems, please email us at support@KIWABI.com. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. Clear gifs are not tied to users’ personally identifiable information.

Sharing Information with Third Parties

We may rely on other companies and individuals to perform functions on our behalf. Examples include data analysis firms, customer support specialists, web-hosting companies, and fulfillment companies (e.g., companies that fill product orders or coordinate mailings). We may share Personal Information with such third parties as appropriate for them to perform their functions, but they may not use such information for any other purpose. In addition, we may buy or sell business assets or be acquired by or acquire other corporations. In such transactions, Personal Information generally is one of the transferred business assets. In addition, in the event we merge or consolidate with another institution, Personal Information may be transferred to the successor entity. We may also disclose Personal Information to other affiliated institutions and/or if we are required to do so by law. With your prior consent, we would also like to be able to share your contact information with marketing partners or other direct marketers so they can send you notice about their products or services. If you would like us to share this information with our marketing partners or other direct marketers, please email us at support@KIWABI.com with the following subject line “YOU MAY SHARE MY CONTACT INFORMATION.”

Email Marketing

We want to communicate with you via email correspondence only if you want to hear from us. If you purchase a KIWABI product, we may from time to time send you email messages describing new products, special offers, and great values. If for any reason you would no longer like to receive email messages from us, you can email us at unscribe@KIWABI.com with the following subject line “UNSUBSCRIBE”. Please allow up to 10 days for us to process your request. Please note, if you decide not to receive marketing emails from KIWABI Products, you may still receive “Transactional” email messages regarding your order (i.e. order confirmation, shipping information, customer service notifications, etc.). If you have questions or concerns regarding this statement, please contact us at www.KIWABI.com.

Linked Sites

We may provide links on the Site to other sites of interest. We do not review or endorse the content of these sites or guarantee that they will abide by this Privacy Policy. Your use of such linked sites is subject to the privacy policies of the providers of those sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each site they visit. For example, you may have linked to this Site through a banner advertisement on another site. In such cases the site you have linked from may collect information from people who click on the banner or link.

Changes to Privacy Policy

We may need to revise this Privacy Policy from time to time and will post the revised Privacy Policy here. Since notice cannot be given, please periodically consult this Privacy Policy.

Children and Parents

The majority of KIWABI Sites are designed and intended for use by adults. Where a KIWABI Site is intended for use by a younger audience, we will obtain consent from a parent or guardian before we collect personal information where we feel it is appropriate to do so or where it is required by applicable data protection laws and regulations (the age at which consent is necessary varies from country to country). If you are a child over the age where parental consent is required in your country, you should review the terms of this Privacy Policy with your parent or guardian to make sure you understand and accept them. If we discover that we have collected information without consent from a parent or guardian where such consent should have been obtained, we will delete that information as soon as possible.

Your privacy rights and who to contact

If you have any questions, comments or concerns about how we handle your personal information, then you may contact us by clicking the Contact Us link on the KIWABI website or support@KIWABI.com .

You have the right to tell us if you:
• don’t want to be contacted in the future by us
• would like a copy of the personal information which we hold about you
• would like us to correct, update or delete your personal information in our records
• wish to report any misuse of your personal information

Mobile Message Services

We may make available a service through which you can receive text or other types of messages from KIWABI (such as short message service, or SMS, enhanced message service, or EMS, and multimedia message service, or MMS) on your wireless or mobile device (“Mobile Message Service”). If you subscribe to one of our Mobile Message Services, you agree to receive such messages from KIWABI at the address or mobile number you provide for that purpose If fees are charged to your wireless account invoice, you agree that we may collect from you and provide your carrier with your applicable payment information in connection therewith. You represent that you are the owner or authorized user of the wireless device you use to sign up for the Mobile Message Service, and that you are authorized to approve the applicable charges.

Term and condition:

Welcome to www.KIWABI.com (the “Site”). Please review the following basic terms and conditions (“Terms of Use”) that govern your use of the Site to view, learn about and purchase products from us. You should carefully read the Terms of Use before using the Site. You can review the most current version of the Terms of Use at any time at http://www.KIWABI.com. By using the Site, you:
(i) acknowledge that you have reviewed and agree to be bound by the current version of the Terms of Use;
(ii) represent and warrant that you are at least eighteen (18) years old; and
(iii) represent and warrant that you have the legal authority to accept the Terms of Use.
KIWABI Products may from time to time revise these Terms of Use (including by moving or deleting portions of, or adding to, the terms that govern your use of the Site). You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use. If you do not agree with the Terms of Use, you are not authorized to use the Site. Your use of the Site following any changes constitutes your agreement to be bound by the Terms of Use, as changed. In the case of any violation of these basic terms, KIWABI Products reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all of your visits to and use of the Site, both now and in the future

Site Contents

Unless otherwise noted, KIWABI Products owns all rights, title and interest in all applicable copyrights, trademarks, trade dress or other intellectual property rights worldwide in the Site as a whole, and in all materials, including any components, text, images, audio, video, illustrations, designs, icons, photographs, and written and other content that appear as part of this Site. No right, title or interest in any downloaded content, materials or software is transferred to you as a result of any such downloading or copying from the Site. You may not reproduce (except for your personal use), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of the Site, without prior written consent of KIWABI Products in its sole discretion.

Copyrights And Trademarks

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of KIWABI. The collective work includes works that are licensed to KIWABI.. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to KIWABI,

Passwords and Security; Use of Site

Use of the Site is voluntary. You may choose not to use the Site and you may choose not to register as a registered user if such option is available. The login and password are provided for the use of the registered user only and are not transferable. If you have received a login and password that belong to another person, you are not authorized to use that login account and we request that you notify KIWABI Products of the misdirected login information. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at KIWABI Products’ sole discretion, in cancellation of the registered user’s registration and other remedies, and KIWABI shall have no liability to the registered user.

User Comments, Feedback and Other Submissions

The information and data that you are required to provide when using the Site to order products (“Order Information”) will not be disclosed to any third party unless required for purchasing, delivery or for other order-related purposes and in accordance with KIWABI Products’ Privacy Policy. By transmitting or posting any communications or materials to this Site, you agree that KIWABI Products or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. KIWABI Products and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information. If you choose to post, transmit or otherwise provide KIWABI Products with any comments, feedback, suggestions, ideas, and other submissions through this Site (collectively, “Comments”), you agree that KIWABI Products or any of its affiliates may use your Comments for any purpose whatsoever and that such Comments shall be and remain KIWABI Products’ property. Comments do not include Order Information. Your disclosure of any Comments shall also constitute an assignment to KIWABI Products of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, KIWABI Products will own exclusively all such rights, titles and interests and shall not be limited in any way in its use of any Comments, commercial or otherwise, including for use in developing, manufacturing, distributing and marketing products. KIWABI Products is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you or any other party any compensation for any Comments; or (3) to respond to any Comments. You represent that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further represent that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Prohibited Behavior

Although KIWABI Products may from time to time review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, KIWABI Products is under no obligation to review or monitor such activities and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are responsible for all Comments that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting KIWABI Products’ and third parties’ rights with respect to Comments that appears on the Site and agree not to download, email or otherwise transmit such Comments in violation of KIWABI Products’ and third parties’ rights. You agree to use the Site solely to accommodate your own personal or business needs. You may not use or exploit any portion of the Site or the Comments to provide any commercial services, “spam” or other unsolicited communications to third parties or offer any portion of the Site to any third party. You shall not use the Site to:

• Upload, post, email, or otherwise transmit any Comments that infringe any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Comments, you represent and warrant that you have all rights to take such action with respect to the Content;

• Upload, post, email, or otherwise transmit any Comment that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive;

• Impersonate another person or entity, including without limitation, a representative of KIWABI Products or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Comment transmitted to or through the Site;

• Use the Site for any purpose or in any manner that violates any local, state or federal law or regulation or the law or regulation of any foreign government;

• Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect KIWABI Products or any third party; or

• Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.

Engaging in any of the foregoing prohibited actions may result, at KIWABI Products’ sole discretion, in cancellation of the registered user’s registration and other remedies, and KIWABI Products shall have no liability to the registered user. KIWABI Products will fully cooperate with any law enforcement authorities or court order requesting or directing KIWABI Products to disclose the identity of anyone posting any such information or materials.

Disclaimer

Although KIWABI Products and its suppliers use reasonable efforts to provide accurate information on the Site, KIWABI Products makes no warranties or representations as to the accuracy of the information. KIWABI Products may change the products and terms of purchase mentioned on the Site at any time without notice.

ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KIWABI PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

KIWABI PRODUCTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY PRODUCT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF KIWABI PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KIWABI PRODUCTS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE VALUE OF THE PRODUCTS ORDERED BY YOU USING THE SITE, WHICH EVER IS LESS.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE SITE. YOU (AND NOT US OR ANY OF OUR AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Inaccuracy Disclaimer

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Indemnification

You agree to defend, indemnify and hold KIWABI Products harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use or misuse of the Site.

Miscellaneous

Unless otherwise specified and except to the extent products are offered for sale in the United States through this Site, this Site and the contents thereof are displayed solely for the purpose of promoting KIWABI Products’ products and services available in the United States and select foreign markets. User access to this Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You agree to abide by all such laws. These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Los Angles.

Links

The Site may include links to other Internet sites. You acknowledge and agree that such links are provided for your convenience and KIWABI Products does not endorse the content on any third-party websites. KIWABI Products is not responsible for the content of linked third-party sites, sites framed within a third-party website, or third-party advertisements, and does not make any representations regarding their content or accuracy. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES.

Confidentiality

All information submitted to by an end-user customer pursuant to a Program is proprietary information of www.KIWABI.com. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.