PRIVACY POLICY

Kind Spectrum (“Company” “us”, “our” or we”) is a company registered in the State of Colorado, United States of America (“U.S.”)

We respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.kindspectrum.com (our “Website”) or place orders on our Website, and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • On our Website.
  • In email, text and other electronic messages between you and our Website.
  • When you interact with our advertising and applications on third-party Websites and services, if those applications or advertising include links to this policy.
  • Through the Company’s online ordering system, direct ordering system, if any, and any resulting communications between you and Company.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or order products from us. By accessing or using our Website, you agree to this privacy policy. This policy may change from time to time, and you may consult this page to review any changes. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Third Parties 

We may include on our Website links to third-party websites. We assume no responsibility for the content, accuracy or reliability of such third-party websites.  If you experience any problem related to a website linked from our Website, please contact us at once at webmaster@kindspectrum.com.

 

Children Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on our Website. We do not knowingly collect Personal Data (defined below) from children under 18. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any inadvertently collected information from or about a child under 18, please contact us at contact@kindspectrum.com.

 

Types of Information We Collect 

We collect several types of information from and about users of our Website, including information relating to identified or identifiable individuals (“Personal Data”). The Personal Data we may collection includes:

  • your name and age/date of birth;
  • your contact details such as mailing, billing and delivery addresses, telephone numbers (including mobile numbers) and email address;
  • purchases and orders made by you;
  • your online browsing activities on our Website;
  • your password(s);
  • when you make a purchase or place an order with us, your payment card details;
  • your communication and marketing preferences;
  • your interests, preferences, feedback and survey responses;
  • your location;
  • your correspondence and communications with Kind Spectrum; and
  • other publicly available personal data, including any which you have shared via a public platform (such as a Twitter feed or public Facebook page).

This list is not exhaustive and, in specific instances, we may need to collect additional data for the purposes set out in this policy.

 

How We Collect and Use Personal Data

We generally collect Personal Data when you provide it to us, for example when you set up an account on our Website or place an order with us, or send an email to our customer service team. Other Personal Data is collective indirectly and automatically as you navigate through our Website. Note, we may receive your Personal Data from third parties acting on our behalf, for example, our merchant services vendors or referral partners.

Information You Provide

We generally collect Personal Data when you provide information for use in connection with our products and services. For example, we may collect:

  • Any Personal Data that you provide via forms or applications on our Website (including Personal Data provided via third parties acting on our behalf). This information includes Personal Data provided in connection with registering to use our Website, submitting a licensee application to Company, subscribing to our blog or newsletter, posting or downloading licensee materials, or requesting other services from us.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us for any reason, including any additional Personal Data you may provide in those communications.

Note, we may offer features on our Website where you also may provide Personal Data that may be published or displayed (hereinafter, “posted”) on public or password protected areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no website is perfectly secure. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may collect certain Device Data, such as details of your visits to our Website, including information about how you arrived at the Website, your approximate location, the time you spent on the site, the device you use, and other similar information about how you access, use, and navigate the Website.

The information is typically processed in aggregate form, but we may maintain it or associate it with certain Personal Data. We generally process this information to help us to improve our Website and to deliver a better and more personalized service, for example, by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize your device when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or HTTP cookies or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

Please note, certain technologies in use on the Website may be served by third-party service providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website and share this information with us. The information they collect may be associated with certain Personal Data or they may collect information, including Personal Data, about your online activities over time and across different Websites and other online services.

 

Legal Basis for Processing Personal Data

We use information that we collect about you or that you provide to us, including any Personal Data:

  • To present our Website and its contents to you.and to understand how our Website is used, and to make improvements to our Website based on that usage;
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

 

Disclosure of Your Information

Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may also disclose Personal Data that we collect or you provide to the following parties:

  • To our subsidiaries and affiliates, if any, as part of the facilitation, management, and improvement of our operations, or for recordkeeping or other administrative reasons.
  • To service providers and other third parties that process information on our behalf, and which we use to support our business, provide value-added features (such as hosting and payment processing) and other similar matters.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Kind Spectrum’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Kind Spectrum is among the assets transferred.
  • As necessary to fulfill the purpose for which you provide it, or in order to carry out any transaction you request.
  • For any other purpose disclosed by us when you provide the information.
  • In accordance with your consent.

We may also disclose your Personal Data:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms and Conditions of Use and Sale [Terms and Conditions] and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property or safety of Kind Spectrum, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please note, if you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. You may also opt-out of data collection directly with third party vendors we may use to assist us in performing these tracking services. For a list of third parties, please contact us, as these parties may vary.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own products or services, you can opt-out by sending us an email stating your request to webmaster@kindspectrum.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, product service experience or other transactions.
  • Other Matters. You may object to our use and transfer of information where the law grants you the right to do so, and upon our review of your objections, we may restrict processing if the law requires us to do so. However, we may not limit processing where the restriction violates the rights of any third party, or where we a legitimate business interest in continuing such processing.

 

Your Privacy Rights

Subject to the rights granted to other individuals, and our rights to limit or deny access/disclosure under applicable law, you have the following rights in your Personal Data. Note, we may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity. You may exercise your rights by emailing us at contact@kindspectrum.com.

Access:                 You may receive a list of your Personal Data that we process to the extent required and permitted by law.

Rectification:      You may correct any Personal Data that we hold about you to the extent required and permitted by law.

Erasure:               To the extent required by applicable law, you may request that we delete your Personal Data from our systems.

Data export:       To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.

Direct marketing:             Residents of California may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year (if any). This request must be written, signed, and mailed to us at the address below.

Regulator Contact:          You have the right to contact or file a complaint with regulators about our processing of Personal Data. In the U.S., you can contact the Federal Trade Commission. In the EU and elsewhere, please contact your local data protection or consumer protection authority.

We may not accommodate your request to change or delete any information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms and Conditions of Use and Sale [Terms and Conditions].

 

How We Protect Your Data

We use reasonable security measures to protect your personal information. We implement and review various physical, procedural and technological safeguards that we believe will keep your personal information secure. These measures include:

  • encryption of data;
  • regular cyber security assessments of all service providers who may handle your personal data;
  • regular scenario planning and crisis management exercises to ensure we are ready to respond to cyber security attacks and data security incidents;
  • regular penetration testing of systems;
  • security controls which protect the entire Kind Spectrum IT infrastructure from external attack and unauthorzsed access; and
  • internal policies setting out our data security approach and training for employees.

 

Data Retention

We retain information for so long as it, in our discretion, remains relevant to its purpose, and in any event, for so long as is required by law. We will review retention periods periodically, and may pseudonymize or anonymize data held for longer periods, if appropriate.

 

What You Can Do to Help Protect Your Data

Kind Spectrum will never ask you to confirm any bank account or credit card details via email. If you receive an email claiming to be from us asking you to do so, please ignore it and do not respond.

If you are using a computing device in a public location, we recommend that you always log out and close the website browser when you complete an online session.

In addition, we recommend that you take the following security measures to enhance your online safety both in relation to Kind Spectrum and more generally: ­

  • keep your account passwords private.  Remember, anybody who knows your password may access your account.
  • when creating a password, use at least 8 characters.  A combination of letters and numbers is best.  Do not use dictionary words, your name, email address, or other personal data that can be easily obtained.  We also recommend that you frequently change your password.  You can do this accessing your account, clicking “your account”, and selecting “change password”.
  • avoid using the same password for multiple online accounts.

 

International (non-U.S.) Users

If you are accessing our Service from outside of the U.S., any information provided will be transferred to us or our service providers in the U.S.. Regardless of where your information is collected or transferred, the information will be treated in accordance with this policy. You consent to such transfer through your use of our Website.

 

Notice for California Users.

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. We may notify you of such changes if we believe notice is required. The date the privacy policy was last revised is identified at the top of the page.

 

Contact Information/Data Protection Officer

Kind Spectrum has appointed a Data Protection Officer to ensure we protect the Personal Data our customers (and others) and comply with data protection legislation.

If you have any questions about how Kind Spectrum uses Personal Data that are not answered here, or if you want to exercise your rights regarding your personal data, please contact our Data Protection Officer’s team by phone (+1 (720) 925-9447), email (dataprotection@kindspectrum.com), or write to: Kind Spectrum, 1541 N Marion St #18889 Denver, CO, USA.

If you are in the E.U., you may contact our EU Controller at: (720)-925-9447, or write to: Medicii LTD. 112 Burren Road, Burren, Warrenpoint, Co. Down. BT34 3XT.

If you are in the U.S., you have the right to lodge a complaint about our data practices with the Federal Trade Commission. Further information, including contact details, is available at https://www.ftccomplaintassistant.gov. If you are outside theU.S. and wish to lodge a complaint about our data practices, please consult with your local data security protection agency.