Privacy policy

Kettle & Fire Privacy Policy

INTRODUCTION

This privacy policy (“Privacy Policy”) describes the information collection practices that Kettle & Fire, Inc. and its respective subsidiaries (“Kettle & Fire,” “we,” “us,” or “our,” if not explicitly referring to one company) follow when handling Personal Information (defined below) that we collect or receive in conducting our business, including through the sale of our products and use of our websites (the “Sites”), as further explained below. Employment data is not subject to this Privacy Policy, but will be covered under separate policies and procedures of Kettle & Fire. If you are a resident of the European Union (“EU”), you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Information, as outlined below.   For the purposes of this Privacy Policy, references to the EU also include the United Kingdom, Switzerland, and the European Economic Area countries Iceland, Liechtenstein, and Norway.

If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, please see “Additional Information for Residents of California, Colorado, Connecticut, Utah, and Virginia,” below, for more information about our privacy practices and your rights.

 

DEFINITIONS

“Data Processor” means a third party that processes Personal Information on behalf of and pursuant to the instructions of Kettle & Fire.

“Personal Information” means any information relating to an identified individual, or to an individual who can be identified, directly or indirectly, by reference to such information, which may include, an identification number or one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. Without limiting the foregoing, Personal Information does not include information that is de-identified or corporate information that relates to an organization but not to an individual, such as a corporate name, corporate address or general corporate phone number.

INFORMATION WE COLLECT FROM OR ABOUT YOU

Personal Information You Provide To Us. We collect Personal Information that you provide to us through our Sites, and in connection with other business dealings we, or our distributor or retail partners, may have with you. Such information may include:

• First and last name
• Company name
• Title
• Email address
• IP address
• Login user name and password
• Mailing address
• Telephone number
• Fax number
• Personal preferences regarding products
• Location
• Information necessary to process a credit card transaction, such as the credit card type, number, and expiration date.

Information we receive from third party sources:  Some third parties such as our business partners and service providers provide us with Personal Information about you, such as the following:

• Account information for third party services: If you interact with a third party service when using our Sites, such as if you use a third party service to log-in to our Sites (e.g., Facebook Connect, Google Sign-In, or Twitter), or if you share content from our Sites through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.
• Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements, or communications:
  • Job Title/Function
  • Residential Address
  • Purchasing Preferences
  • Age
  • Income Range
  • Gender

In some circumstances, we may collect personal information with your consent in exchange for a discount on our services

Information we automatically collect when you use our products and services: Some Personal Information is automatically collected when you use our products and services, such as the following:

• Computer name
• Hostname
• External IP
• OS type
• OS version

Website Usage Information We Collect. In addition to Personal Information that you choose to submit to us, whenever you visit or interact with our Sites, we may collect or store information about your interaction with our Sites (“Usage Information”). This Usage Information may include:

• your IP address or any other unique identifier assigned to the device that you use to access our Sites;
• the functionality and characteristics of your device, including type of browser, operating system and hardware, mobile network information, and in some cases location information;
• the URL that referred you to our Sites, if any;
• your activities on our Sites, such as which web pages you visit, what terms you searched within our Sites, and which links within our Sites that you click on; and
• the time of day that you visited our Sites and how long your visit lasted.

 Usage Information is typically anonymous information; however, if it is combined with your Personal Information in a manner that reasonably allows it to be associated with your identity, or is otherwise considered Personal Information under applicable law, it will be treated as Personal Information under this Privacy Policy, and, if you are an EU resident, it may be considered Personal Data and be subject to the section applicable to EU users below.

We use certain common methods and technologies to collect and store Usage Information about your interaction with our Sites (“Analytic Technologies”). These Analytic Technologies may be downloaded to the personal computer, laptop, tablet, or mobile phone that you use to access the Sites (“Your Device”). The specific Analytic Technologies that we use are as follows:

Cookies. A cookie is a data file placed on Your Device when you visit our Sites. We use cookies only to facilitate the use and navigation of our Sites and to remember you and your preferences in case you revisit our Sites in the future and to conduct range measurement. Information collected relates to technical information (e.g. your browser, a timestamp, and a unique identifier). Almost all browsers allow blocking of cookies in their entirety, removal of existing cookies, or warning to prevent the placing of a cookie. You can find more information on this functionality in the documentation or in the help file of your browser. Please note that blocking of cookies might impede your use of our Sites. If you are a resident of the EU or other jurisdiction that requires us to obtain your consent to use cookies on our Sites, then you will have an opportunity to manage your cookie preferences on such Sites; except that certain cookies are essential to enable core site functionality, and you cannot choose to disable those cookies.

Do Not Track Policy. Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Sites. Just like any other usage information we collect, this information allows us to improve the Sites and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Sites do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Sites and after you leave our Sites.

Analytics. We use analytics applications, including Google Analytics, Pinterest Pixel and Facebook Pixel to collect information about use of the Sites. Google Analytics collects information such as how often users visit a website, what pages they visit when they do so, and what other websites they visited prior to coming to a website. We use the information obtained from these applications only to improve our Sites and our product and service offerings. The information generated about your use of our Sites will be transferred and saved to the vendor’s server in the United States. For Google Analytics, within Member States of the European Union or other signatories of the Agreement on the European Economic Area, Google will first shorten your IP address. In exceptional cases, the full IP address will be transferred to a Google server in the United States to be shortened there. Google’s ability to use and share information collected by Google Analytics about your visits to the Sites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can opt-out of Google Analytics tracking by visiting https://tools.google.com/dlpage/gaoptout/

Web Beacons. A web beacon, including tracking pixels, is a small graphic image or other web programming code, also known as “1×1 GIF” or “clear GIF.” We may download web beacons to Your Device when you access our Sites or through email messages that we send to you. Web beacons are used to improve your experience on our Sites. Web beacons also help us to understand whether users read email messages and click on the links contained within those messages so that we can deliver relevant content and messages. Our web beacons may collect certain of your contact information (e.g., the email address associated with an email message that contains a web beacon).

Embedded Scripts. An embedded script is a programming code that is designed to collect information about your interactions with our Sites, such as which links within our Sites you click on, which type of browser or device you use (e.g. mobile or desktop version). We use such information to enhance the user experience. This code is downloaded onto Your Device when you access our Sites and is deactivated or deleted when you leave our Sites. Identification of the user does not take place.

SMS/MMS Mobile Messaging. We collect Personal Information via our SMS and MMS messaging programs, subject in all instances to our standard terms and conditions, as set forth below under Phone, SMS and MMS Messaging Terms and Conditions.

 Information We Receive From Third Parties. We may receive Personal Information about you from third parties who recommend or suggest that we contact you for business purposes. This includes basic contact information about you, such as your name, company name, title, address, phone number, fax number, and email address. It may also include information on the content, products, or services you have shown interest in or may be interested in purchasing from us, as well as information on other companies or individuals with whom you do business. We may also obtain Personal Information about you from third parties in connection with business transactions you initiate with us, such as through credit verification or other processes related to the transaction. This Personal Information will be treated in accordance with this Privacy Policy.

HOW WE USE YOUR INFORMATION

Business Use. We use your Personal Information primarily to facilitate our ongoing and proposed business dealings with you (“Business Use”). This includes to: (1) process business transactions with us that you initiate, including without limitation orders of products and the creation of user profiles; (2) establish and maintain customer accounts so that we may provide products or services of ours requested by you or your company; (3) register you as a user of these products so that you may access them through our Sites or otherwise; (4) communicate with you about updates, maintenance, outages, or other technical matters concerning these products; (5) provide you with support regarding usage of these products; (6) notify you about changes to any of the policies and procedures for use of these products; (7) verify the accuracy of account and technical contact information we have on file for you and your company in relation to these products; and (8) respond to questions or inquiries that you or your company may have about our products. We also may use your Personal Information as required for us to comply with laws and regulations relating to the products that we provide in any of the jurisdictions in which we or our affiliated companies operate, including the United States, and we may use Usage Information internally within Kettle & Fire to help us improve our products or to develop new products.

We may also use your Personal Information to personalize the content of the Sites and communications based on your preferences, and to comply with our legal or contractual obligations and to resolve disputes. Additionally, we may use your Personal Information to protect against or deter fraudulent, illegal, or harmful actions and to enforce our terms and conditions of use (depending on which product or service you are using).

Marketing Purposes. With your consent or as otherwise permitted by applicable law, we may use your Personal Information for purposes relating to the marketing of our content, products, or those of our business partners (“Marketing Purposes”). This includes to: (1) send you newsletters, press releases, event announcements, and other similar communications regarding the products that we offer; (2) market or promote our products to you, including by offering you promotional items; (3) solicit input from you regarding improvement of our products; (4) inform you of third-party offerings that we think you may be interested in which relate to our products; and (5) other purposes that we disclose to you at the time we obtain your consent, including sharing with third party marketing partners to market their products and services to you. In certain limited circumstances, such as use of your Personal Information with pixel products such as Facebook Pixel, we do sell your Personal Information.

Referrals. From time to time, we may receive Personal Information about you from third parties who recommend or suggest that we contact you for business purposes. We receive such Personal Information because you have consented towards the third party that they might share your Personal Information. If we use that information to contact you, it will only be to see if you are interested in our products or services, or those of our business partners. We will not use this information for other purposes without your consent. In addition, if you inform us that you are not interested in these products or services, we will stop using the information to contact you.

Data Integrity. You are responsible for the accuracy of all Personal Information that you provide to us. We will use reasonable efforts to maintain the accuracy and integrity of your Personal Information, and to update that information as appropriate. We will take reasonable steps to ensure that the Personal Information we collect from you is relevant to its intended use, and that it is used only in ways that are compatible with the purposes for which it was collected or otherwise authorized by you.

Text marketing (if applicable): With your permission and subject to our Terms and Conditions, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

WITH WHOM WE MAY SHARE INFORMATION

Within Kettle & Fire. Kettle & Fire is a company that transacts business across national borders. Accordingly, from time-to-time and subject to the provisions of this Privacy Policy governing “CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES” (see below), we may share your Personal Information and Usage Information within Kettle & Fire (i.e., between and among Kettle & Fire and its subsidiaries). Such information may be used by each Kettle & Fire entity for internal business and operational purposes, as well as for purposes consistent with the purpose for which the information was originally collected or subsequently authorized by you.

Outside of Kettle & Fire. We may share your Personal Information with “Data Processors” as described below, and with other third parties for purposes disclosed to you at the time you provided the information, or as subsequently authorized by you. From time to time, we also may offer you the option of sharing your Personal Information with third parties in order to receive information and/or marketing offers from them regarding their products and services. If you consent to the sharing of your Personal Information for these purposes, it will be subject to the privacy policies and business practices of those third parties. If you later decide that you no longer want us to share Personal Information with such third parties, please contact us as indicated below under the section “CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES.” We will process your request in a reasonable period of time. Note, however, that if you no longer wish to receive communications from a third party which has already received your Personal Information from us, you will need to contact that third party directly to inform them of this.

Data Processors. We may, from time to time, employ Data Processors to perform services on our behalf, such as: (1) hosting our Sites, products, and other applications; (2) designing and/or operating certain features available through our Sites; (3) sending emails and other communications relating to our products or services; (4) fulfilling and processing orders for our products or services; (5) assisting with promotions and conferences relating to our products or services, or those of our business partners; (6) providing analytic services, such as in relation to the tracking of usage of our Sites; or (7) performing other administrative services for us. We may provide these Data Processors with access to your Personal Information in order for them to complete a requested transaction or otherwise perform services for us or for you on our behalf. Prior to allowing our Data Processors to access your Personal Information, we will enter into a data protection agreement or addendum (“DPA”) with them to ensure that they handle and process the information in accordance with this Privacy Policy and applicable law as instructed by us.

Partners. We may also share your contact information with the following partners so that we can better serve you:

• Distributors and resellers: if you are in a location where we primarily sell our products and services through a distributor or reseller, we may pass your contact information on to such distributor or reseller so that they can contact you directly about your interest in Kettle & Fire’s products and services.

Site Hosting. Our Sites and the servers on which they are hosted are operated in various countries around the world in which we conduct our business. Thus, your Personal Information associated with our Sites may be transferred to and/or processed in a country other than that from which it was collected. The data protection laws in those countries may differ from those of the country in which you are located. The servers may be operated by third party hosted service providers.

Links to Other Websites and Applications. The Sites may contain various links to, as well as plug-ins or widgets from, social media and other third-party websites or applications, which may provide additional information, goods, services, and/or promotions. These third-party websites or applications are owned and operated independently of Kettle & Fire and may have their own separate privacy and data collection practices. We are not responsible for the privacy practices of any third party; therefore, you should review their privacy policies and practices prior to interacting with their websites or applications, using any of their tools, or sharing any of your Personal Information with them.

Community Forums. Our Sites may offer message boards, chat rooms, blogs, and other public areas, including without limitation a Facebook Group (“Community Forums”) where you can interact with our employees, other customers, post images, data, requests, questions, comments, suggestions, or other content, including your Personal Information (“User Submissions”). To participate in Community Forums, you may be asked to select a user name and password and/or provide us with your email-address, and to agree to the terms of participation for those Community Forums. We use this information to identify you and to contact you, if needed, for the provision of those Community Forums. You are able to change your email preferences or discontinue your participation in the Community Forums at any time. Your password and your email-address will not be visible to other users or shared with third parties. You should be aware that any User Submissions you post to a Community Forum, as well as your user name, may be viewed by other members of that forum. If you choose to voluntarily post User Submissions to a Community Forum, be aware that such information is viewable by anyone else on that Community Forum. Think carefully before you post and use caution before disclosing any Personal Information in a Community Forum. We are not responsible for the accuracy, use, or misuse of any User Submission that you disclose or receive through a Community Forum. We might also delete User Submissions without further notice if they include harmful or inappropriate content (e.g., pornographic material, content encouraging vandalism, crime, terrorism, racism, violence, or cruelty), or infringe any third party’s rights or applicable law.

Promotions. We may offer various promotions (“Promotions”) through the Sites or elsewhere that may require registration with your Personal Information. If you choose to enter or otherwise participate in a Promotion, your Personal Information may be disclosed to third parties in connection with administration of the Promotion, such as in connection with winner selection, prize fulfillment, and as otherwise required by law. By entering into a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice, and/or likeness in advertising or marketing materials. These rules will be displayed to you during the registration process, and you will be asked for your consent to the respective data processing at that time.

Affiliates and Business Transfers. We may share your Personal Information with our affiliates. Additionally, Kettle & Fire or any part of its business, including our Sites, may be sold at some point in the future. Should this occur, your Personal Information may be transferred to a subsequent owner, co-owner, or operator of the business unit or Site. We also may disclose and transfer your Personal Information in connection with a corporate merger, consolidation, restructuring, the sale of stock or assets, or other corporate change, including, without limitation, during the course of any due diligence process. In all such cases, this Privacy Policy will continue to govern the use and disclosure of such information.

Legal Protections and Law Enforcement. We may access, use, preserve, transfer, and disclose to third parties your Personal Information to: (1) satisfy any applicable law, regulation, subpoena, governmental request, or legal process if, in our good faith opinion, such is required or permitted by law; (2) protect and/or defend this Privacy Policy or other policies or terms of use applicable to our Sites, including investigations of potential violations thereof; (3) protect the safety, rights, property, or security of Kettle & Fire or any third party; and/or (4) detect, prevent, or otherwise address fraud, security issues or breaches, or technical issues. This may include allowing third parties, such as copyright owners, Internet service providers, wireless service providers, and/or law enforcement agencies, to access and use your Usage Information in order to identify you. We may take any of these steps without notice to you to the extent permitted by law.

CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES

We reserve the right to take reasonable steps to authenticate the identity of any individual seeking access to Personal Information. We may provide web pages or other mechanisms on our Sites through which you can update subscription preferences. You can also contact us to update your Personal Information or change your preferences. Our contact information for these purposes is by email at support@kettleandfire.com. If you receive a marketing communication from us by email, you may also opt out of receiving future email marketing communications by following the opt-out instructions provided in that email. Please note that we reserve the right to send you certain communications relating to transactions you initiate, your customer account, your use of our Sites, or other business matters, and that these communications may be unaffected if you choose to opt-out from marketing communications.

In accordance with our routine record keeping and applicable law, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of that information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Also, if you have posted any User Submissions to a Community Forum, these communications cannot generally be removed.

INFORMATION SECURITY

We will take reasonable precautions to protect your Personal Information in our possession from loss, misuse, and unauthorized access, disclosure, alteration or destruction. We will make reasonable efforts to keep your Personal Information reliable for its intended use, accurate, current and complete. As necessary, we will take additional precautions regarding the security of particularly sensitive information, such as credit card information. While we strive to secure your Personal Information, we cannot warrant or guarantee that this information will be protected under all circumstances, including those beyond our reasonable control.

ENFORCEMENT

We will conduct periodic internal compliance audits of our relevant privacy practices to verify adherence to this Privacy Policy. We encourage you to raise any questions or concerns that you may have about the way we process your Personal Information by contacting us at the address set forth below.

We commit to resolve questions and complaints about your privacy and our collection or processing of Personal Information about you. If you believe that we are not complying with the terms of this Privacy Policy or other legal requirements, you should first contact us by email at support@kettleandfire.com. We will investigate and will do our best to internally resolve any complaints and disputes you bring to our attention regarding the use and disclosure of your Personal Information.

CHILDREN

The Sites are intended for business use. We do not knowingly collect or solicit Personal Information from anyone under the age of 16.  If you are under 16, please do not attempt to register for the Sites or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Information, please contact us at support@kettleandfire.com.

EUROPEAN DATA SUBJECTS:  PRIVACY SHIELD AND EU GENERAL DATA PROTECTION REGULATION (GDPR)

Kettle & Fire, Inc. is a company with international operations and customers.  We have developed global data security practices designed to ensure that personal information is appropriately protected.   When you submit Personal Information to Kettle & Fire, Inc. you are consenting to the transfer of the Personal Information to the United States or other jurisdictions which may be outside of the jurisdiction in which you reside and which may not provide the same protections and use restrictions on Personal Information as your jurisdiction of residence.  Kettle & Fire, Inc.’s participation in the Privacy Shield applies to all Personal Information received in the United States from the European Union, such as Personal Information about former, current, or prospective corporate customer contacts received from the EU (collectively “EU Personal Data”). “Data subject” means an individual who is the subject of the EU Personal Data.

You have the right to exercise choice (opt-out) from our disclosure of EU Personal Data to a third party. (Please see the section on WITH WHOM WE MAY SHARE INFORMATION above for details of such disclosures.) If consent has been given, you also have the right to opt out of the use of your EU Personal Data for direct marketing purposes. To exercise these rights, please send us an email at support@kettleandfire.com or follow the instructions in any direct marketing message you may have received (e.g., click the provided opt-out link in the email message).

Please contact us as specified below if you have any questions, need access to your EU Personal Data, or otherwise need assistance. We remain responsible for our collection, use, and disclosure of EU Personal Data in accordance with the Privacy Shield. We also are responsible for third party agents that are processing such data on our behalf, unless we prove that we are not responsible for the event giving rise to the damage. In certain situations, we may be required to disclose EU Personal Data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.

If you are an EU data subject with an unresolved complaint or dispute arising under the requirements of the Privacy Shield, we agree to refer your complaint under the Privacy Shield to an independent dispute resolution mechanism. That independent dispute resolution mechanism is the International Centre for Dispute Resolution, the international division of the U.S.-based American Arbitration Association. For more information and to file a complaint, you may contact the International Centre for Dispute Resolution by phone at +1.212.484.4181, or by visiting the website http://go.adr.org/privacyshield.html. We are also subject to the investigatory and enforcement powers of the Federal Trade Commission with respect to the Privacy Shield. In addition, under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, EU data subjects may invoke binding arbitration before the Privacy Shield Panel jointly created by the U.S. Department of Commerce and the European Commission.

Please contact us at support@kettleandfire.com if you have any questions, wish to exercise your rights of access, or to request the correction, amendment, removal, and/or limitation of the use and disclosure of your EU Personal Data or seek other assistance as described above.

GDPR.  For this GDPR section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.  Kettle & Fire is the controller of your Personal Data processed in connection with the Sites. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at support@kettleandfire.com.

What Personal Data Do We Collect From You?  We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Sites. Please see the section INFORMATION WE COLLECT FROM OR ABOUT YOU above for details of the Personal Data we collect. For the purposes of this Privacy Policy, when we use the term Personal Information, that is intended to also indicate Personal Data pursuant to the GDPR and EU Personal Data pursuant to the Privacy Shield in each case if the applicable data subject is an EU resident. 

How Do We Use Your Personal Data?  Please refer to the section on HOW WE USE YOUR INFORMATION above for details of how we use and process your Personal Data.

Lawful Bases for Processing.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing may include consent, contractual necessity and our “legitimate interests,” as further described below.

• Contractual Necessity: When you purchase our products, we process your contact information (e.g., name, phone number, address, email address) as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms and Conditions or other agreement with you, which enables us to provide you with the products and services you request.  When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Sites or purchase our products.

• Legitimate Interest: We may also process your contact information and other categories of Personal Data described in the INFORMATION WE COLLECT ABOUT YOU section above for our legitimate interest purposes.  
• Examples of these legitimate interests include:
  • Operation and improvement of our business, products, and services
  • Provision of customer support
  • Protection from fraud or security threats
  • Protecting the security of your account with us
  • Providing you with a sign-in method
  • Determining your geographic location and preferences so that we can serve you better
  • Compliance with legal obligations
  • Completion of corporate transactions
• Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data.  When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. If you provide us with opt-in consent to receive marketing information from Kettle & Fire, we will process your email address for the purpose of sending you marketing information about our products. The legal ground for processing your email address for this purpose is your consent. You may withdraw your consent any time by selecting “unsubscribe” in the marketing email or email us at support@kettleandfire.com.
• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How and With Whom Do We Share Your Data?  We share Personal Data with vendors, third party service providers, and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms and Conditions. For more information on such third parties, please refer to the section titled WITH WHOM WE MAY SHARE INFORMATION above.

How Long Do We Retain Your Personal Data?  We retain Personal Data about you in compliance with company’s data retention procedures.   In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use?  We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, if you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Personal Data of Children:  The Sites are intended for business use. We do not knowingly collect or solicit Personal Data from anyone under the age of 16.  If you are under 16, please do not attempt to register for the Sites or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at support@kettleandfire.com.

What Rights Do You Have Regarding Your Personal Data?  You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email support@kettleandfire.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary, to verify your identity and the nature of your request. 

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by contacting us at support@kettleandfire.com to make such corrections.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. In certain circumstances, you can correct some of this information directly by contacting us at support@kettleandfire.com to make such corrections.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Sites.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Kettle & Fire’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

ADDITIONAL INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, UTAH, AND VIRGINIA

This section supplements the above Privacy Policy and provides additional details regarding our collection, use, and disclosure of Personal Information relating to residents of California, Colorado, Connecticut, Utah, and Virginia.

Collection, Disclosure, Sale, Sharing, and Processing of Personal Information

The following chart details which categories of Personal Information we collect, process, and disclose, including for purposes of targeted advertising. 

App	Categories of Personal Information	Disclosed to Which Categories of Third Parties for Operational Business Purposes	Sold to Which Categories of Third Parties	Shared with Which Categories of Third Parties for Cross-Context Behavioral or Targeted Advertising	Processing Purposes
Google Analytics	User interactions, device information, browsing behavior	Google (for analytics purposes)	N/A	Google (for advertising purposes, if enabled)	Analytics, website performance tracking
Custom JavaScript Scripts (Hamburger.js, Wayfx Search)	User interactions, device information	N/A	N/A	N/A	Website functionality, user experience enhancement
Shopify	User account information, order details, payment information	Shopify (for e-commerce operations)	N/A	N/A	E-commerce transactions, order fulfillment
Shopify PayPay V4 Visibility Tracking	Payment information, purchase history	Shopify (payment processing)	N/A	N/A	Enable visibility tracking for PayPal V4 on Shopify
Elevar Conversion Tracking	Customer actions, conversion data	Elevar (conversion tracking)	N/A	N/A	Conversion tracking on Shopify by Elevar app
Klaviyo Subscribe	Email address, subscription preferences	Klaviyo (email marketing)	N/A	N/A	Integrate Klaviyo email marketing platform for subscription purposes
Profitwell	Subscription data	Profitwell (subscription analytics and management)	N/A	N/A	Integration with Profitwell for subscription analytics and managementv
FullStory	User session data	FullStory (analytics and user session recording)	N/A	N/A	Integration with FullStory for analytics and user session recording
Web Pixels Manager	Tracking data	Various tracking pixels and analytics scripts	N/A	N/A	Manage various tracking pixels and analytics scripts on the Shopify store
Trekkie	User behavior, store performance	Shopify (analytics and tracking)	N/A	N/A	Analytics and tracking purposes for Shopify
Google Optimize	User interactions, conversion data	Google (A/B testing and personalization platform)	N/A	N/A	A/B testing and personalization platform by Google
TriplePixel	User interactions, custom analytics	Custom analytics or tracking tool	N/A	N/A	Custom analytics or tracking tool
Bing Ads	User interactions, conversion data	Bing Ads (advertising platform)	N/A	N/A	Integration with Bing's advertising platform
Yotpo	Customer reviews, user-generated content	Yotpo (review management)	N/A	N/A	Integration with Yotpo platform for managing and displaying customer reviews
Klaviyo	Email address, customer data	Klaviyo (email marketing and customer engagement)	N/A	N/A	Integration with Klaviyo for email marketing and customer engagement
Fomo	Recent customer activity	Fomo (social proof marketing)	N/A	N/A	Integration with Fomo for displaying recent customer activity
Facebook Pixel	- IP address - Browser information - Usage data (e.g., pages visited)	Facebook Inc. and its subsidiaries for analytics and advertising purposes - Service providers for analytics and advertising purposes	Facebook Inc. and its subsidiaries	Facebook Inc. and its subsidiaries	- Analytics - Advertising
Google Pixel	IP address - Browser information - Usage data (e.g., pages visited)	Google LLC and its subsidiaries for analytics and advertising purposes - Service providers for analytics and advertising purposes	Google LLC and its subsidiaries	Google LLC and its subsidiaries	Analytics - Advertising
YouTube Pixel	IP address - Browser information - Usage data (e.g., videos watched)	Google LLC and its subsidiaries for analytics and advertising purposes - Service providers for analytics and advertising purposes	Google LLC and its subsidiaries	Google LLC and its subsidiaries	Analytics - Advertising
Supermetrics	Data related to marketing analytics, user interactions, and preferences	Service providers, business partners	N/A	N/A	Analytics, Data Integration
Stay Ai Subscription	Data related to user interactions with AI chatbots, preferences, and queries	Service providers, business partners	N/A	N/A	Customer Support, Analytics
Parabola	Data related to data transformation, automation workflows, and data sources	Service providers, business partners	N/A	N/A	Order Management, Sales Analytics
Bazaarvoice	Name - Email address - User-generated content (e.g., reviews, ratings)	Bazaarvoice partners for operational support and service delivery - Service providers for operational support and service delivery	Not sold	Bazaarvoice partners for advertising purposes	User engagement - Feedback analysis
TikTok Pixel	IP address - Device information - User interactions with TikTok ads	TikTok Inc. and its subsidiaries for analytics and advertising purposes - Service providers for analytics and advertising purposes	Not sold	TikTok Inc. and its subsidiaries	Analytics - Advertising
Google Tag Manager	IP address - Browser information - Website usage data (e.g., clicks, page views)	Google LLC and its subsidiaries for analytics and advertising purposes - Service providers for analytics and advertising purposes	Not sold	Google LLC and its subsidiaries	Analytics - Advertising

Please note that the "Sold to Which Categories of Third Parties" and "Shared with Which Categories of Third Parties for Cross-Context Behavioral or Targeted Advertising" columns are marked as "N/A" as these apps do not seem to involve selling or sharing personal information for these purposes.

Subject to applicable law, you may make the following requests:

1. You may request to know whether we process your Personal Information and to access such Personal Information.
   1. If you are a California resident, you may request the following information:
      1. The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
      2. The business or commercial purpose for collecting, selling, or sharing Personal Information about you;

• The categories of Personal Information about you that we sold or shared and the categories of third parties to whom we sold or shared such Personal Information; and

1. The categories of Personal Information about you that we otherwise disclosed and the categories of third parties to whom we disclosed such Personal Information.

1. You may request to correct inaccuracies in your Personal Information.
2. You may request to have your Personal Information deleted.
3. You may request to receive a copy of your Personal Information, including, where applicable, in a portable format.
4. You may request to opt out of the “sale” of your Personal Information.
5. You may request to opt out of targeted advertising, including the “sharing” of your Personal Information for purposes of cross-context behavioral advertising.

We will not unlawfully discriminate against you for exercising your rights under applicable privacy law.  To make a privacy request, please contact us at support@kettleandfire.com stating your specific request. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request.  We may need to request additional Personal Information from you, such as name, email address, or phone number, in order to verify your identity and protect against fraudulent requests.  If you make a request to delete, we may ask you to confirm your request before we delete your Personal Information.

 

To request to opt out of any future “sales” of your Personal Information and/or “sharing” of your Personal Information for purposes of cross-context behavioral advertising or any future processing for purposes of targeted advertising, please contact us at support@kettleandfire.com.

 

If an agent would like to make a request on your behalf as permitted under applicable law, they may use the submission methods outlined above.  As part of our verification process, we may request that the agent provide proof concerning their status as an authorized agent.  In addition, we may require that you verify your identity as described above or confirm that you provided the agent permission to submit the request.

 

De-Identified Information

If we maintain or use de-identified information, we will continue to maintain and use it only in a de-identified fashion and will not attempt to re-identify the information.

CHANGES TO THE PRIVACY POLICY

We reserve the right to update this Privacy Policy at any time, without prior notice to you, to the extent permitted by applicable law and the principles of the Privacy Shield. We will notify the changes that we make to this Privacy Policy by posting the revised Privacy Policy on the Sites, and such changes will be effective immediately unless otherwise stated. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent.

QUESTIONS AND CONTACT INFORMATION

If you have questions regarding this Privacy Policy or more generally about the Sites or Kettle & Fire’s products, please feel free to contact us at support@kettleandfire.com or at Kettle & Fire, Inc, Attn: Privacy Officer, 1800 E 4th St #101, Austin, TX 78702.

Last updated on April 1, 2024

PHONE, SMS, MMS MESSAGING TERMS & CONDITIONS

Kettle and Fire, Inc. (“Kettle & Fire”) offers text message programs (a "program" or "programs"), including phone calls, SMS, and MMS, itself and on behalf of its clients. Recipients may be enrolled in a program in the following ways: receiving a text invitation, sending a text to specified numbers, filling out an online form, initiating a web chat, completing a purchase, opting-in to the applicable program, or sending a message via various messaging applications. Kettle & Fire may also send one-time text messages. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

Your use of the programs is governed by the terms and conditions below. Use of the programs constitutes your acceptance of these terms, which take effect when you enroll. If you do not agree to these terms, please do not enroll in a program.

Once enrolled in a program, you will have an opportunity to decline the service by indicating as such during a phone call, or via a reply to a text message you received that says STOP. By continuing the phone call or in the case of text message, by replying START subsequently, you are confirming you would like to restart a subscription to this program. Message frequency varies.

There is no charge to you for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive phone calls or text messages sent to your mobile phone.

By participating in any program, you approve any such charges from your mobile carrier. Charges for phone calls or text messages may appear on your mobile phone bill or be deducted from your prepaid balance. You agree that you are responsible for paying your carrier’s charges to use the program or, if you are under 18 (in the U.S.) or under the age of majority in your province/territory of residence, that you have permission to use the program from the adult responsible for paying the carrier’s charges.

From time to time, Kettle & Fire may send Multimedia Messaging Service (MMS) messages—messages with multimedia content (pictures, videos, GIFs, etc.). MMS messages may not be available through all carriers. If your device does not support MMS messages, then you may receive an SMS messages. Prepaid users may not be able to participate. Check with your mobile operator.

Kettle & Fire reserves the right to terminate any program, in whole or in part, at any time without notice. Kettle & Fire reserves the right to change these terms or cancel any program at any time. Please check these terms on a regular basis for changes. Your continued use of the program after changes are posted will mean that you accept the terms as modified by the posted changes.

The information in any message may be subject to certain time lags and/or delays. Kettle & Fire is not responsible for delayed receipt of any message. You are responsible for managing the types of texts and messages you receive. Kettle & Fire shall not be liable for any direct, indirect, consequential, special, incidental, punitive, or any other damages, even if Kettle & Fire has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of a program.

You expressly agree to indemnify, defend, and hold harmless Kettle & Fire, its directors, officers, employees, servants, agents, representatives, independent contractors, and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys’ fees), judgments, or penalties of any kind or nature whatsoever arising from your use of the programs.

To stop receiving text messages, text STOP. By enrolling in a program, you consent that following such a request to unsubscribe, you may receive one (1) final message confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription by texting START.

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

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.

Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

Last Updated: April 1, 2024

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