Privacy policy

INTRODUCTION

The website, services, content, technologies and goods located at kimcig.com and on any correlating social media platform (collectively, our “Site”) are all owned and operated by KIM CIG LLC, a New Jersey limited liability company (“us,” “we,” or “our,” as the context provides).  We provide our Site so that you (you, personally, and if applicable, any person or entity for whom you are using our Site; collectively, “you”) may explore and purchase goods under our KIM CIG product line.

TERMS & CONDITIONS

These Terms & Conditions (these “Terms”) constitute a legally binding agreement made between us and you. By visiting our Site and purchasing goods from us (collectively, “Goods,” and each, an “item”), you engage in our “Services” and you agree to be bound by the Terms contained herein, including any additional terms and conditions and policies referenced to herein and/or available by hyperlink. By using our Site on behalf of any third party, you represent to us that you are an authorized representative of such third party and that your use of our Site or Services constitutes that third party’s acceptance of these Terms. These Terms apply to all users of our Site and our Services, including without limitation, vendors, customers, merchants, and/or contributors of content. By accessing, using any part of our site or services and/or purchasing any goods offered herein, you agree that have read, understood and agree to be bound by these terms, which contain liability limitations. If you do not agree to be so bound, you may not access or use our site or any of our services.  

ELIGIBILITY

To use our Site or Services, you must be, and you represent and warrant that you are, at least 18 years of age, mentally competent, and able to enter into legally binding contacts. You agree to provide current, complete, and accurate purchase information for all purchases made through our Site. You agree to promptly update your account and other information including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

WAIVER OF CLASS ACTION RIGHTS

By entering into these terms, you hereby irrevocably waive any right to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of or relating to or connected with these terms must be asserted individually.

ACCESSIBILITY

We strive to make our Site and Services accessible to everyone. If you are having difficulty viewing the content on or navigating our Site or accessing our Services, please contact us at info@kimcig.com and we will be happy to assist you.

CHANGES TO THESE TERMS

We reserve the right to update or modify these Terms at any time, upon notice to you in writing to the last email address you provided, by posting on our Site, or by any other reasonable means of communication. 

ELECTRONIC COMMUNICATIONS

If you wish to transact with or communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about our Site or Services and any pending transactions to the email address you provide us. It is your responsibility to keep your email address up to date and to maintain a valid address and ensure that email we send you are not hidden by spam filters or other types of email blocking functionalities. If you no longer wish to receive electronic communications from us, you may no longer use our Site or Services. You may provide us with notice of such desire at info@kimcig.com, which will be effective when received by us. 

LIMITED LICENSE TO USE OUR SITE & SERVICES

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access our Site and use our Services for your personal, non-commercial use. We reserve the right to monitor this Site and the Services for the purpose of determining that your usage compiles with these Terms. This license does not include any resale or commercial use of the Site, any collection and commercial use of any of Our Content, any non-personal use of Our Content, any derivative use of the Site, any downloading, copying or other use of the Site or Our Content for the benefit of any third party, or any use of data mining, robots or similar data gathering and extraction tools. You may use the Site only as permitted by law. 

PROHIBITED CONDUCT

You may not use our Site or Services other than as expressly permitted by these Terms. Without limitation, you may not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on our Site; (b) use our Site or Services commercially; (c) reverse engineer, decompile, tamper with or disassemble any technology used to provide our Site or Services; (d) interfere with or damage our Site or underlying technology or render our Services unusable; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to our Site or Services; (g) collect information about users of our Site or Services; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule or regulation; or (j) interfere with any third party’s ability to use, access, or enjoy or our ability to provide, our Site or Services. 

INTELLECTUAL PROPERTY

We are the owner and/or authorized user of the KIM CIG brand. Our Site, including all of the information, contents, photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, product names, descriptions, and prices, software, the code used to generate the pages on our Site, and any registered or unregistered trademarks, trade names, logos, designs, titles and product names, and copyright appearing on our Site (collectively, the “Our Content”), is our property, or the property of our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in the United States and/or abroad. Except as otherwise expressly provided on our Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any of Our Content, in whole or in part, for any public or commercial purpose without our specific prior written permission. You may not use any metatags or any other “hidden text” utilizing any of Our Content without our express written permission. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers or licensors. The license granted to you by us will automatically terminate if you do not comply with any provision of these Terms. 

CONTENT YOU SUBMIT

If you send comments or suggestions about our Site or our Goods or Services to us, including, but not limited to, notes, text, images, designs or improvements (collectively, “Submissions”), such Submissions shall become, and shall remain, our sole property. No Submissions shall be subject to any obligation of confidence on our part and we shall exclusively own all rights to (including intellectual property rights), and shall be entitled to unrestricted use, publication, and dissemination as to all such Submissions for any purpose, commercial or otherwise, without any acknowledgement or compensation to you.

USE OF SOCIAL MEDIA TAGS

When you use social media tags (such as on Facebook, Instagram or Twitter) that identify or are associated with KIM CIG, you agree to provide us with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide, license to reproduce and use the uploaded content, including images(s), on our Site for marketing purposes. 

COPYRIGHT POLICY

We respect the rights of others and we take copyright infringement very seriously.  If you believe that a work on our Site constitutes copyright infringement, please provide us with a written statement with all of the following information to info@kimcig.com: Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located on our Site, including a hyperlink to such location; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright holder, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the holder of the copyright; and a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright holder or are authorized to act on behalf of the copyright holder.

Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability. 

RIGHT TO REFUSE OR LIMIT SERVICE AND/OR CANCEL ORDERS

We reserve the right to deny service to anyone at any time for any reason without notice. You may be flagged by our internal system for suspicious activity, including, but not limited to, using a proxy web connection or having a history of fraudulent online activity. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. 

We reserve the right to limit the sales of our Goods and Services to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods or Service that we offer. Any of our Goods or Services may be discontinued at any time. 

DISCLAIMER – THIRD PARTY CONTENT AND SERVICES

Our Site may contain information and content provided by third parties and/or links to third party services. We have no control over and no obligation to monitor, do not endorse, and are not liable for, any third-party information or content or links to third party sites. 

DISCLAIMER – ACCURACY OF INFORMATION

There may be information on our 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). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel your order. While we make every effort to display the colors and images of our goods as accurately as possible, we do not warrant that the quality of any products will meet your expectations. 

OUR SITE & SERVICES ARE “AS-IS” 

OUR SITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS-IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.  WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION OR CONTENT CONTAINED ON OUR SITE. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.  

LOCAL SAFETY STANDARDS & REGULATIONS

Products presented and sold by us are designed to meet published U.S. safety standards and regulations. We cannot guarantee that our Goods will meet individual state or local safety requirements. You assume responsibility for compliance with state and local standards where our Goods are sold, delivered and used.  

LIMITATION OF LIABILITY

IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL WE, OR ANY OF OUR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES (COLLECTIVELY, “OUR AFFILIATES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OR THE INABILITY TO USE OUR SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE.  WE WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR GOOD WILL. 

IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE GOODS TO WHICH THE CLAIM RELATES, OR, IF THE CLAIM DOES NOT TO ANY PURCHASE, THAN $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE ANY LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW. 

INDEMNIFICATION 

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless us, and Our Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone accessing our Site or Services on your behalf. If we assume the defense of such matter, you will reasonably cooperate with us in such defense. 

CONSENT TO MUTUAL BINDING ARBITRATION

You agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between us (each a “Claim”) will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be conducted by a single arbitrator. The arbitrator’s decision will be final and binding upon us and may be enforced in any court of competent jurisdiction. We agree that arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the private arbitration proceedings, except as may lawfully be required in judicial or administrative proceedings relating to the arbitration, by applicable disclosure rules. 

LIMITATION OF ACTIONS 

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or relating to or connected with these Terms, including your use of our Site or Services, must be filed within 12 months after the date giving rise to such claim or cause of action, or forever be barred. 

WAIVER OF CLASS ACTION RIGHTS

BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.  

ENTIRE AGREEMENT BETWEEN US

These Terms and any policies or operating rules posted by us on our Site constitute the entire agreement and understanding between us regarding the subject matter contained herein, and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between us (including, but not limited to, any prior version of these Terms).  

THESE TERMS ARE GOVERNED BY NEW JERSEY STATE LAW 

We both agree that these Terms are governed by the laws of the United States of America, and the laws of the State of New Jersey. You agree that the laws of the State of New Jersey will apply regardless of your residence or location of where you access our Site or Services. 

SEVERABILITY & WAIVERS

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, and the remaining provisions of the Terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly agreed by us in writing.

PRIVACY POLICY

KIM CIG (“KC” or “we”) is committed to protecting the privacy of all individuals who utilize the www.kimcig.com website (the “Site”). Please read the following policy to understand how we collect, use and safeguard the information you may provide to us via this Site. This Privacy Policy may be revised from time to time, so please revisit this page often to remain fully informed of our policies.

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Accordingly, when you submit personal information in connection with purchases made via the Site, such information is not collected by KIM CIG but rather is sent directly to Shopify. When you purchase something from our store, as part of the buying and selling process, Shopify collects the following personal information: your first name, last name, company name, mailing address and billing address, phone number, email address, purchase information, gender and credit card payment information. We also may keep interactions with our Customer Services Team, or visits to our website/store. Please see Section 4 for more information on Shopify’s policies. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent? By using the Site and voluntarily providing us (or Shopify) with your personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, subscribe to our newsletter or contact us via an email link on the Site or for other purposes, you consent to the collection and use of such personal information as described in this Privacy Policy (including, when you purchase products via the Site, consent to the collection and use of your information by Shopify in accordance with Shopify’s privacy policies).

If we ask for your personal information for a secondary reason, like marketing, or for a purpose incompatible with the purpose for which it was originally collected, we will either ask you directly for your expressed consent, or provide you with an opportunity to say “no.”

How do I withdraw my consent? If we are processing your personal data on the basis of our legitimate interest, you have the right us to ask us to stop. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data. You have the right at any time to stop us sending you marketing material or to correct any information we store which might be incorrect, incomplete, or out of date. You can do this yourself by contacting our Customer Service Team at info@kimcig.com

Please note that if you follow a link which clicks through to a third party site, this notice will not apply and you will need to review that third party's privacy terms and conditions.

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.


SECTION 4 - SHOPIFY

Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify uses your customers’ personal information to block certain transactions that appear to be fraudulent through automated decision-making. The information Shopify collects from you is governed by Shopify’s privacy policy and other policies. (See: http://www.shopify.com/data-processing/privacy-policy and http://www.shopify.com/legal/privacy). According to such policies, Shopify protects credit card information according to the Payment Card Industry Data Security Standard (PCI-DSS), a set of security requirements managed by the PCI Security Standards Council, which is a joint effort of the payment brands, including Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by merchants and service providers. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. The description above is qualified in its entirety by the terms and conditions of Shopify’s privacy policies, and you should review the policies posted on Shopify’s site to be fully informed.

SECTION 5 - THIRD PARTY SERVICES

We do not sell or rent your personally identifiable information to third parties. We share your information only with our affiliates and service providers or as otherwise described herein in order to provide you with our products and services.

We will do this in the following circumstances: To process your order e.g. with delivery drivers, or with third party payment service providers, To detect any fraudulent activity, or assist law enforcement authorities To help us offer you a more personalized shopping experience by sending you offers and updates. When we share information with third parties, we will ensure that: We only provide the data they need to perform their specific function They only use the data provided as intended They have the requisite measures in place to protect your data and delete it once the function has been performed, or delete it when we cease working with them In general, our agreements with third party providers used by us require that they only use and disclose your information to the extent necessary to allow them to perform the services they provide to us. Once you leave our Site or are redirected to a third party website or application, you are no longer governed by this Privacy Policy or our Site’s Terms of Service. For example, as noted above, you may be redirected to the sites of certain third party service providers, such as Shopify and/or other payment gateways or payment transaction processors, in order to complete your product purchases. Such third party websites have their own privacy policies with respect to the information required for your purchase-related transactions and under no circumstances is KC responsible or liable for the third party’s compliance therewith. The Site may also reference or provide links to other third party websites, such as advertisers. For these third parties, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow common industry practices to guard against such information being lost, misused, accessed, disclosed, altered or destroyed. We use security technologies and internal procedures to ensure that your data is kept safe and secure. Please be aware, however, that Internet data transmission and computer networks are not always secure and we cannot and do not guarantee that information you transmit utilizing the Site is secure.


SECTION 7 - COOKIES

In order to personalize and enhance your experience on the Site, we may also collect information through “cookies.” Cookies are small strings of text that are sent by the Site to your browser and then stored by your browser on your computer’s hard drive. We use cookies to help diagnose problems with our servers and to administer the Site. We also use cookies to gather broad demographic information and to help identify you in respect to visits to the Site so that we may improve your user experience, and to determine whether you visited the Site from a particular Internet link or advertisement. While a code in the cookie file enables the Site to label you as a particular user, including identifying you by name or other personally identifiable information, such cookie files are encrypted in order to protect your information. Most web browsers automatically accept cookies, but it is possible to change your browser setup so that it does not accept cookies. However, rejecting cookies may prevent you from taking advantage of certain portions of the Site. To help you determine whether you want to opt-out of cookies or not, below is a list of certain cookies that, as of the date of this Privacy Policy, we use. However, this list is subject to change.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
_storefront_digest, unique token, indefinite, If the shop has a password, this is used to determine if the current visitor has access.


SECTION 8 - AGE OF CONSENT

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with us. If you are under 13, please do not attempt to register with the Site or send any information about yourself to us, including your name, address, mobile device number, or email address. By using this Site, you represent that (i) you are not under 13 years of age, and (ii) you are at least the age of majority in your state or province of residence.


SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 

SECTION 10 - BUSINESS TRANSFER

Please also note that if we are acquired or merged with another company, your personal information and/or technical information we obtain from you via the Site may be disclosed to any potential or actual purchasers and/or may be transferred to the new owners so that we may continue to sell products to you.

SECTION 11 - DO NOT SELL MY PERSONAL INFORMATION

YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT 

The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. 

HOW TO OPT OUT

By clicking on the link below, we will no longer collect or sell your personal information. This applies to both third-parties and the data we collect to help personalize your experience on our website or through other communications. For more information, view our privacy policy.

To be eligible to opt-out, you must be browsing from California.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@kimcig.com