Privacy Policy

Kiss the Ground, a California nonprofit public benefit corporation (“Kiss The Ground,” “we,” “us,” “our”), has created this privacy statement in order to demonstrate our firm commitment to protecting the privacy of our, and our clients’, website visitors, online community participants, and fan club members. The following discloses our information gathering and dissemination practices for websites hosted by Kiss the Ground (the “website”). If you choose not to consent to this Privacy Statement, you may not use these websites. Further, this policy is subject to change at any time with or without notice at the sole discretion of Kiss the Ground, so you should re-read it periodically. This website is hosted and maintained by Kiss the Ground.

1. How We Use Collected Information

Server Logs.

Our servers record your computer’s IP address and website usage in “server logs” when you use the websites. No personally identifiable information is contained in these logs, such as name, address, phone numbers or email addresses. We use these logs to help diagnose problems with our servers, analyze traffic patterns and to administer the websites.

Cookies.

We use cookies on certain pages of our websites. Cookies are small text files stored on your hard drive, not on our websites. A cookie is not a program and does not itself have the ability to automatically collect personal information about you. A cookie can store certain information that identifies your browser to our servers in order to make the websites operate more smoothly. For example, we use cookies to aid in the functioning of the shopping cart and sign-in form. Most cookies we use are “session cookies” which means that they are automatically deleted when you leave the websites. Some of our advertising partners may also use cookies. To respect your privacy, we have implemented an opt-in mechanism for cookie use. You will be asked to consent to our use of cookies when you first visit our website, and you can change your cookie settings at any time in your browser settings. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Registration.

If you choose to register with our websites, our registration forms require you to give us certain information including your name, address, zip/postal code, phone number, email address, and date of birth. Personally identifying information is used to contact you when necessary in the day to day running of the websites.

The personal data collected during the registration process is used for several key purposes:

a.    Account Management and Communication: We collect your personal data to create and manage your account, allowing us to communicate with you regarding your account status, website updates, and any necessary customer service interactions.

b.    Service Provisioning: The data enables us to provide you access to our services, personalize your user experience, and enhance the functionality of our websites.

c.    Billing and Orders: If you purchase products or services from us, your financial information will be used to process payments and fulfill your orders. We may collect payment details (e.g., credit card information) as well as your subscription history. We use authorized third-party payment processors to collect and process payment details.

Legal Basis for Processing Personal Data.

a.    Consent: By registering on our websites, you provide explicit consent for us to collect and use your personal data for the purposes stated above. This consent is the primary legal basis for processing under applicable data protection laws.

b.    Contractual Necessity: The processing of your personal data is necessary for the performance of a contract with you, or to take steps at your request prior to entering into such a contract. This includes managing your account and providing the services you have registered for.

c.    Legitimate Interests: We may process your personal data based on our legitimate interests, such as improving our website functionality, ensuring its security, and preventing fraud. We ensure that our legitimate interests do not override your rights and freedoms.

d.    Legal Obligations: In certain situations, we may process your personal data to comply with legal obligations, such as responding to lawful requests from public authorities or adhering to financial regulations.

Voluntary Contact.

If you send us information voluntarily, such as through personal correspondence, email, or chat rooms, or if other users or third parties send us correspondence about your activities or postings on our websites, we may collect such information. We use such information, and other information that we obtain from your use of the services, to resolve disputes, troubleshoot problems and enforce our Acceptable Use Policy, among other things. Please also note that information you volunteer in public areas, such as chat rooms and bulletin boards, is not protected information, and anyone could potentially collect and use such information in ways we cannot control.

In addition to using your information as described above, we also may occasionally send you email announcing special promotions, changes in our services, and other information we believe will be of interest to you. We will only send you these emails if you have provided explicit consent to receive them. You may opt-out of receiving any future mailings by unsubscribing via the footer of all emails sent via Kiss the Ground email marketing.

We cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Statement. For example, we may be forced to disclose information to the government or third parties under certain circumstances without your consent, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability. However, we will not use your information for marketing purposes outside of the sites you have registered for. Except as provided in this privacy statement, we do not sell or rent our list of users past or present to any third party without your consent.

2. Third-Party Sharing

We value your privacy and are committed to being transparent about how we share your personal information with third parties. Here is an overview of our third-party sharing practices:

a.    Types of Third Parties:

                                             i.              Service Providers: We engage third-party service providers to perform various functions on our behalf, such as payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

                                          ii.              Legal and Regulatory Requirements: We may disclose personal information when required by law, such as to comply with a subpoena, or similar legal process, or to protect against legal liability.

b.    Purpose of Sharing: Third-party sharing is conducted to facilitate the operation and improvement of our services, comply with legal obligations, and provide you with a seamless and personalized experience.

c.    Contractual Obligations: All third parties with whom we share personal information are contractually obligated to protect the confidentiality and security of your data. They are required to use the information solely for the purposes specified in our agreements with them, ensuring compliance with applicable data protection laws.

d.    Data Security and Protection: We implement appropriate technical and organizational measures to safeguard personal information shared with third parties. These measures are designed to protect data against unauthorized access, disclosure, modification, or destruction.

e.    User Control and Consent: We respect your privacy choices. You can control the sharing of your personal information with third parties by managing your account settings or contacting us directly. Where required by law, we will obtain your explicit consent before sharing your personal information with third parties for marketing purposes.

3. User Rights Regarding Personal Information

We recognize and respect your privacy rights under applicable data protection laws. As a user of our websites, you have the following rights:

a.    Right to Know: You have the right to request and receive information about whether your personal information is being sold or disclosed and to whom. We will provide you with details concerning the categories of personal information and the specific third parties with whom we have shared your personal information, upon request.

b.    Right to Refuse Sale: You have the right to opt-out of the sale of your personal information. You can exercise this right at any time by contacting us through the provided communication channels.

c.    Right of Access: You are entitled to access the personal information we hold about you. This includes the right to request a copy of your personal data, which we will provide in a structured, commonly used, and machine-readable format.

d.    Right to Equal Service and Price: Exercising your privacy rights will not result in any discriminatory treatment. You will receive equal service and pricing regardless of your choice to exercise your privacy rights.

We are committed to providing you with clear options regarding your personal information. To exercise your right to opt-out of the sale of your personal information, please click on the ‘Do Not Sell My Personal Information’ link located prominently on our website’s homepage footer. This link will direct you to a page where you can submit your opt-out request. If you have any difficulties accessing this link or need further assistance, please contact us through the provided communication channels.

Further, regarding SMS communications:

a.    Opt-In Requirement for SMS: You may receive SMS/MMS mobile messages by affirmatively opting-in, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join, you agree that these terms apply, and you acknowledge and agree that your information may be shared with third-party service providers who help us administer our services. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply.

b.    Opt-Out Mechanism for SMS: If you do not wish to continue receiving marketing messages, you agree to reply STOP to any mobile message from Kiss the Ground in order to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than the word STOP or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

In accordance with applicable data protection laws, you have the right to request and obtain not only the categories of personal information we collect about you but also the specific pieces of personal information we hold. To exercise this right, please contact us through the provided communication channels.

You acknowledge we may process, store and transfer the personal data we collect, in accordance with this privacy statement, in and to a country outside your own. You have the right to file a complaint with your country’s/state’s supervisory authority in the European Union (EU) and California. If you are 16 or under, you acknowledge you received parental permission before submitting your information. To obtain and verify parental consent, we follow the steps below:

a.    Notification: When a user under the age of 16 attempts to register or provide personal information on our websites, we notify the user that parental consent is required.

b.    Consent Form: We provide a consent form to be completed by a parent or guardian. This form is accessible through our website or can be sent via email upon request.

c.    Verification: To verify parental consent, we collect information necessary to confirm the identity of the parent or guardian, such as a government-issued ID. This information is used solely for verification purposes and is not stored beyond the verification process.

d.    Confirmation: Once the consent form is submitted and verified, we send a confirmation email to the parent or guardian. This email includes details of the personal information that will be collected and how it will be used.

e.    Revocation: Parents or guardians have the right to revoke consent at any time by contacting us through the provided communication channels. Upon revocation, we will promptly delete the personal information associated with the child.

Please contact [email protected] for more information, to exercise any of these rights, or to access, audit, retain a backup of, or delete your data.

4. Linked Websites

For your convenience, the websites contain links to other sites. Please be aware that Kiss the Ground and our client sites are not responsible for the privacy practices or content of such other websites, which may differ significantly from our own. We encourage our users to be aware when they leave our websites and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by our websites.

5. Security

The websites have procedural security measures in place to protect against loss, misuse and alteration of the information under our control. Only authorized individuals have access to your information. On all pages where user credit card information is entered, we utilize a secure digital server, with a secure certificate. Notwithstanding these efforts, we caution you that “perfect security” does not exist on the Internet.

6. A Special Note About Children

This website is a general audience site and is not directed to or intended for use by children under the age of 13. To ensure compliance with federal law, this website does not knowingly collect or maintain personal information provided by children under the age of 13. If a child under the age of 13 has provided personal information in violation of the website access restrictions, a parent or guardian of that child must contact us immediately at [email protected] so we can promptly remove such information from our records.

7. Contacting Us

If you have any questions about this Privacy Statement, the practices of these websites, or your dealings with these websites, you may email us at [email protected].

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