Privacy Policy

Effective date: September 14, 2020

At Kiva Brands, our mission to make healthy living easy and affordable for everyone. In order to do this, we collect, use, and share some of your Personal Information. The purpose of this Privacy Policy is to share how Kiva does this and how to exercise the choices and rights you have in your information. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

1. Scope of the Privacy Policy

This policy covers our treatment of information that identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household ("Personal Information") in connection with our Services. It applies to all Kiva consumers, and visitors, including job applicants to Kiva, and to all Kiva platforms, including our mobile apps, website (www.kivaconfections.com and subdomains), features, content, products, email distribution lists, and other services offered by Kiva (collectively, the “Services”). Please remember that your use of the Services is also subject to our Terms of Use. This Policy does not apply to the practices of third parties, we don’t own or control unless specifically stated.

2. Personal Information We Collect

Personal Information may include the following categories:

  • Identifiers/Contact Information: These include your name, postal and e-mail address, phone number, and unique identifiers that may identify your device or browser, but not you by name.
  • Commercial Information: Your purchase and usage history, and goods and service preferences, including payment information used for purchases.
  • Usage, Technology, Cookies, and Internet Activity: Your geolocation information, IP address, web/app browsing and search history related to our Services, and information regarding your interaction(s) with the Services or ads.
  • Profile Inferences: The inferences that we draw from your Personal Information and web activity to create a personalized profile so we can better identify goods and services that may be of interest.

When you use our Services, we collect and receive Personal Information in various ways. As provided in more detail below, we collect Personal Information provided by you, collected automatically through cookies and related technologies, and from third parties.

2.1 Personal Information You Provide Us

You provide us with Personal Information when filling out online forms, setting up your account, posting reviews, or communicating with us, or applying for a job. In addition, if you connect a social network you belong to (such as Facebook) to your Kiva account, you authorize these social networks to share your information with us.

2.2 Personal Information We Collect Automatically

Similar to most other online services, we and our service providers automatically collect Personal Information when you use our Services, through cookies and related technologies collected from your web browser, computer, or mobile devices. We use this information to improve and troubleshoot the Services, as explained below.

Usage Information. We may use cookies, web beacons, pixel tags, mobile analytics software, log files, or other technologies to collect certain information your interactions, shopping preferences and your interaction with our Site, mobile app and advertisements. We collect this information to personalize your experience, including recommending products and offering you promotions. It also makes your navigation of the site more seamless and faster.

Technology Information. We receive information about how you are accessing our Services, such as your device type, IP address, operating system, and what settings you have enabled. Your device, browser, and software settings affect what information your device or browser makes available to us.

Cookies, Analytics, and Third Party Technologies. We collect information through the use of “cookies”, tracking pixels, data analytics tools like Google Analytics, SDKs, and other third party technologies to understand how you navigate through the Services and interact with Kiva advertisements, to make your Kiva experience secure, to improve your site experience, to serve you better ads on other sites, and to save your preferences. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people.

2.3 Personal Information We Collect from Other Third Parties

Personal Information we collect from third parties may include:

Personal Information collected you connect with third parties through the Services. We may collect Personal Information from third-party sources for business and commercial purposes to support core functions of our Services and to enhance your Kiva experience. For example, we may collect information about your participation in third party programs that provide things such as payment, transaction, and fraud detection information, and information you allow us to collect from your social media profiles, including demographic and market segment information.

Personal Information collected from service providers. Our service providers also may collect and use Personal Information to assist us with our business operations. For example, they may collect information about your browser, operating system, basket contents, browsing history, time zone, browser language, page performance, and debug information, used to help us troubleshoot and resolve any issues you are experiencing with our Services.

2.4 Job applicants

We may do an online search of you and review the links you provide to your social media and online presence. Consistent with applicable law, we also may perform background and reference checks.

2.5 Combination of Information

We may combine the Personal Information we receive from and about you. We may also de-identify or aggregate information so it is no longer Personal Information.

3. How We Use Your Personal Information

We use Personal Information in accordance with applicable data protection laws and this Privacy Policy. Such processing may include:

  • To verify your identity
  • To provide the Services to you, including to provide you with customer support, respond to your requests, and communicate with you about the Services.
  • To provide, support, personalize, and develop our Services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, payments and prevent transactional fraud. We may also save your Personal Information to facilitate new products orders or process returns.
  • To personalize your experience using the Services and to deliver product offerings relevant to your interests, including targeted offers and ads through our Services, third-party sites, and via email (with your consent, where required by law).
  • For testing and quality assurance, research, analysis, and product development, including to develop and improve our Services and help you troubleshoot any issues with the Services.
  • To comply with legal requirements, or respond to law enforcement requests and as required by applicable law, court order, or governmental regulations, including responding to a court order, summons, warrants.
  • To address fraud or unlawful activity, enforce our policies, exercise or defend legal claims, protect against harm to our rights, property, interest or safety of the rights, property, interests or safety of you, third-parties, or the public as required or permitted by the law.
  • As necessary to provide the Services, or with your consent.

We may create aggregated and other anonymous data from your Personal Information. This data is no longer considered Personal Information. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.

4. How, With Whom, and Why We Share Your Personal Information

4.1 Sharing of Personal Information by You

Any Personal Information you disclose in public areas on the Services or other third-party services may become visible to other individuals without restriction. Please exercise caution when disclosing Personal Information in public areas. If you provide any Personal Information to a third party while using our Services, the third party’s privacy policy will apply to your Personal Information disclosed to such third party.

4.2. Sharing of Personal Information By Us

We may share Personal Information as follows:

With our service providers. We may share your Personal Information with service providers that provide business or technical support functions to us. This includes service providers that help us maintain and service your account, process or fulfill your orders, provide you customer service, verify your identity, and detect and prevent fraud.

With our business partners. If you choose to enter into a promotion that is co-sponsored (e.g., a sweepstakes or contest), we may disclose your Personal Information to our co-sponsor in connection with the administration of such promotion, as required by law, or as otherwise permitted by the promotion’s official rules and this Privacy Policy.

With other corporate entities in connection with a business transfer. We may share Personal Information while negotiating or in relation to a sale or purchase of assets, divestiture, restructuring, reorganization, dissolution, bankruptcy, or other change of ownership or control. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee comply with the terms of this privacy policy for all Personal Information collected under this policy.

With other third parties. Your Personal Information may also be shared with our sponsors, partners, advertisers, advertising networks, advertising servers, and analytics companies or other third parties in connection with marketing, promotional, and other offers, as well as product information. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will NOT be shared with any third parties.

With law enforcement and other third parties to ensure compliance and safety. We may access and disclose your Personal Information to respond to subpoenas, judicial processes, or government requests and investigations, in connection with an investigation on matters related to public safety, or as permitted or otherwise required by law. We may disclose your Personal Information to protect the security of our Services, servers, network systems, and databases. We may also share Personal Information (a) if disclosure would mitigate our liability in an actual or threatened lawsuit; (b) as necessary to protect our legal rights and those of our users, business partners, or other interested parties; (c) to enforce our agreements with you; and (d) to investigate, prevent, or take action regarding suspected illegal activity, fraud, or other wrongdoing.

With your consent or at your request. We also may share your information as disclosed to you at the time of collection.

5. Storing and Protecting Your Personal Information

We retain Personal Information where we have an ongoing legitimate business need to do so, including for the reasons listed in Section 4.2. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it. If this is not possible (for example, because it is stored in backup archives), we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records. We make commercially reasonable efforts to protect your Personal Information from unauthorized access. Unfortunately, we cannot guarantee complete security. You use the Services and provide us with your Personal Information at your own risk.

Kiva reserves the right to take any and all action it deems necessary or reasonable to maintain the security of the Services and your account, including without limitation terminating your account, changing your password, or requesting information to authorize transactions on your account. Kiva will treat access to the Services through your account as authorized by you. Kiva may not be held liable to you for any liabilities or damages resulting from or arising out of any action or inaction of Kiva under this provision.

6. Third-Party Links

Our Services, particularly our website, app and promotional emails may contain links to third-party websites and services. For example, if you are looking at a product, we may have a link to the manufacturer’s website. Linked third-party websites and services may have privacy policies that differ from ours. We are not responsible for those websites, and we recommend that you review their policies. Please contact those websites directly if you have any questions about their privacy policies.

7. Your Rights and Choices Regarding Your Personal Information

7.1 All Users

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails by clicking unsubscribe in those messages. We will still send you transactional and relational emails about your use of our Services.

Push Notifications. You can opt out of receiving push notifications through your electronic device settings (i.e. phone, tablets etc.). Please note that opting out of receiving push notifications may impact your use of our Services (such as receiving a notification that your order has shipped).

Account Information. You can review and edit certain account information you have chosen to add to your profile by logging in to your account settings and profile.

Cookie Tracking. You can modify your cookie settings on your browser, but if you delete or choose not to accept our cookies, you may be missing out on certain features of our Services, such as certain product recommendations features. However, you will still be able to order and complete a transaction on our website. Your web browser(s) has settings to modify your cookie settings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences.

Do Not Track. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not want them to track your online activities. Our Services do not currently support Do Not Track requests at this time.

Interest-Based Advertising. To understand your choices for receiving more relevant online advertising, please review the information below:

  1. To learn more about interest-based advertising, and to opt out of collection and use of information about your online activities for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit http://www.aboutads.info/choices/. To opt out of targeted advertising through mobile applications, please visit https://youradchoices.com/appchoices.
  2. To opt out of collection and use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit http://www.networkadvertising.org/choices/.

Even if you opt out, you will still receive advertising from Kiva. You may also still receive advertising from us that is not customized based on your usage information.

Deleting Your Account. You may request termination of your account or deletion of certain information by emailing info@kivaconfections.com. In some cases, we will be unable to delete your account, such as if there is an issue with your account related to safety or fraud, or due to legal obligations. Kiva reserves the right to request that you provide information to confirm your identity. We may not be able to correct or delete information shared with third parties. Pursuant to applicable law, we may be entitled to refuse to act on the request. When we delete your account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. For example, we may retain your information to notify you about the recall of a product you purchased. When we retain such data, we do so in ways designed to prevent its use for other purposes. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

7.2 California Residents

Categories of Personal Information Sold. We do not believe that we sell your personal information, as defined by California law. However, we support privacy laws enacted by state goverments by allowing to opt out of any future sale of their personal information. If would would like us to keep a record of your preference not to sell your personal information, please email us at info@kivaconfections.com.

We do not knowingly sell Personal Information about persons under the age of 16.

Categories of Personal Information Disclosed. In the last 12 months, Kiva has disclosed the following categories of Personal Information for a business purpose (such as with our service providers who are restricted from using your Personal Information outside the scope of their services for Kiva):

  • Identifiers/Contact Information, disclosed to payment processors, customer service platforms, and delivery and courier companies;
  • Commercial Information, disclosed to customer service platforms and data analytics providers, and delivery and courier companies;
  • Usage, Technology, Cookies, and Internet Activity, disclosed to data analytics platforms;

Access and Deletion Requests. California residents have the right to know what Personal Information that Kiva collected, disclosed, and sold about them. In particular, they may:

Request, up to two times each year, that we disclose to you:

  • the categories and specific pieces of Personal Information that we collected about you in the preceding 12 months, the business purpose for such collection, and corresponding categories of sources from which we collected the information;
  • the categories of Personal Information, and the categories of third parties to whom we disclosed your Personal Information in the preceding 12 months, and the business or commercial purpose for such disclosure; and
  • the categories of Personal Information and the categories of third parties to whom we sold your Personal Information in the preceding 12 months, and the commercial purpose for such sale.

Request that we delete any Personal Information that we have collected from or about you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.

Exercising Your Rights. To exercise your rights described above, please submit a request to us by:

  • Sending an email to datarequest@kivaconfections.com
  • For general questions, email info@kivaconfections.com

Please include the following information in your request, as part of the CCPA account verification process:

  1. Subject Line: CCPA Data Subject Request
  2. Name associated with your Kiva account
  3. Email address associated with your Kiva account
  4. State of residence
  5. Billing zip code
  6. Your most recent Kiva Order Number
  7. If you are an authorized agent acting on behalf of the requestor, please include written proof that you are an authorized agent such as a signed power of attorney.

*Failure to provide any of the above items may cause a delay in responding to your request. We value your privacy and will not discriminate in response to your exercise of your privacy rights.

Verification. We may request certain information to verify your identity before we can respond to your access and deletion requests. A verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in the request to verify the requestor's identity or authority to make the request.

Response Timing and Format. We will confirm receipt of your request within 10 business days and will respond to your request within forty-five (45) days of receipt, unless we need more time, in which case we will let you know.

If applicable, we will explain the reasons we cannot comply with a request.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Opt-Out Requests. To opt out of the sale of your Personal Information, please click on the Do Not Sell My Personal Information link on our website footer or provided [here] We will comply with your opt-out request within 15 business days. You may use an authorized agent to submit a request to opt-out on your behalf if you provide the authorized agent signed permission. We may deny a request from an authorized agent if the agent cannot provide us with such signed permission of we cannot confirm the Personal Information relates to you.

8. Children’s Data

We do not knowingly collect or solicit personal Information from anyone under the age of 21. If we learn that we have collected Personal Information from a person under age 21, we will use reasonable attempts to delete that information. If you believe that a person under 21 may have provided us Personal Information, please contact us at info@kivaconfections.com.

9. Changes to this Privacy Policy

We may need to change this Privacy Policy from time to time, as our Services change. We will alert you of any material changes through the Services, by email, and/or through other means as permitted by law. Please check this page frequently to view any changes. Continued use of the Services after a change to this policy constitutes your consent to be governed by the new terms. As of the Effective Date, the amended Privacy Policy supersedes all previous versions of or agreements, notices, or statements about the Privacy Policy.

10. What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to info@kivaconfections.com, and we will try to resolve your concerns.