Privacy Policy

(This concerns general and personal information.)

 

Kibo Privacy Policy

(This concerns your transactional information)

This Website is hosted and operated by a third party service provider (“Service Provider,” “Us,” “We,” or “Our”) independent of the merchant’s website you are visiting (“Merchant”). Service Provider provides the Merchant with a variety of fulfillment, support and E-commerce related services. In order to purchase through this Website, you must agree to the terms of this Privacy Statement and the use of your personal data in a form consistent with this Privacy Statement.

 

YOU SHOULD REVIEW THE FOLLOWING STATEMENT PRIOR TO SUBMITTING ANY PERSONAL INFORMATION TO THIS WEBSITE.

 

Service Provider (and Our parents, subsidiaries and affiliated companies worldwide) respect the privacy of Our partners and suppliers of products or services, clients, and their customers. The purpose of this Privacy Statement is to provide you with information concerning Our services, the types of information We are provided by third parties or obtain ourselves through your visits to Our Website, how We use that information, whether We disclose the information provided to Us to others, and the options you have with regard to the use and correction of that information. Some of these services may be provided through sites bearing Our partners' and suppliers' names and trademarks and are not in the sole control of Service Provider. Additionally, Service Provider may provide links from Our Website to the websites of third parties who may provide services to you directly or on Our behalf. THE PRIVACY POLICIES OF THESE THIRD PARTY SITES MAY BE DIFFERENT FROM THE PRIVACY POLICIES OF SERVICE PROVIDER AND WILL GOVERN ANY TRANSACTIONS UNDERTAKEN ON THOSE SITES. We urge you to review the privacy policy of any site to which you are linked. 

 

Privacy complaints by European Union and Swiss citizens

Kibo complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland (the "Safe Harbor Program") and contractually requires the Merchant to comply with commitments made by Kibo in accordance with the Safe Harbor Program. Kibo has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Kibo's certification, please visit http://www.export.gov/safeharbor/. Kibo commits to resolve complaints about your privacy. European Union and Swiss citizens with inquiries or complaints regarding the privacy policy should first contact eusupport@shopatron.com. If European Union or Swiss citizens do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Kibo, you may contact the BBB EU Safe Harbor Dispute Resolution Program.

 

BBB EU Safe Harbor dispute resolution program

Kibo has further committed to refer unresolved privacy complaints with European Union or Swiss citizens under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If European Union or Swiss citizens do not receive timely acknowledgment of complaints, or if such complaints are not satisfactorily addressed by Kibo, please visit the BBB EU SAFE HARBOR web site atwww.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

 

Collection of personal information

Depending on the nature of the services provided by Service Provider to the Merchant, or the services provided to Service Provider from third parties, Service Provider may receive personal information either from you directly or from the Merchant or third parties providing services to Service Provider. Service Provider may receive and process personal information provided by you in the following situations: 

- requesting information about products, product availability and services;

- entering a contest or promotion;

- ordering newsletter or other informational tools;

- where you submit an order

- purchasing, downloading and/or registering products; and/or

- signing up for additional services

- for the purposes of verification of your identity or fraud prevention purposes

In all cases however, We will obtain personal information from you in accordance with applicable law. 

 

Use of personal information

PERSONAL INFORMATION PROVIDED TO US WILL PRIMARILY BE PROCESSED ON OUR COMPUTER SERVERS LOCATED IN THE UNITED STATES OF AMERICA. 

HOWEVER, SUCH INFORMATION MAY BE TRANSMITTED OR MADE AVAILABLE TO (I) THE MERCHANT OR (II) EMPLOYEES OR SERVANTS OF Service Provider OR THIRD-PARTIES PROVIDING SERVICES TO Service Provider OR (III) PRODUCT MANUFACTURERS, LICENSORS AND/OR OR SUPPLIERS, LOCATED IN THE UNITED STATES OR ANOTHER TERRITORY OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA). YOU SHOULD NOTE THAT AT PRESENT, THE UNITED STATES AND COUNTRIES OUTSIDE THE EEA (EXCEPT FOR SWITZERLAND, ARGENTINA AND CANADA) ARE NOT APPROVED BY THE EUROPEAN UNION AS HAVING DATA PROTECTION LAWS MEETING STANDARDS REQUIRED UNDER THE EU DATA PROTECTION DIRECTIVE (95/46/EC). 

We will use the personal information provided to Us for the following

- to take, process or deliver your order, process or obtain payment or notify you of the status of your order;

- in connection with keys, access codes or other information as may be required, to permit you to access sites of third parties providing services to receive products, updates or services;

- to screen your order through a validation system ("Fraud Screening System") to prevent fraudulent orders,

- to provide it to industry and credit related organizations for security, credit or fraud prevention purposes;

- to facilitate the renewal of subscriptions for products or services;

- to provide you with effective customer service and/or technical support and to communicate with you by email or SMS message about your website experience in regards to Customer Service and purchasing products from Service Provider's ecommerce platform;

- to monitor service or purchasing patterns; and to improve the content on Our websites;

- to provide you with product availability at a local retailer;

- to use your contact information to send you, with your consent, marketing materials, newsletters, promotional emails, or undertake other promotional activities;

- to enhancing your online shopping experience - We may use your information to recognize you and welcome you when you visit this site;

- to permit you to participate in online surveys and polls, assuming you voluntarily agree to provide such information in connection with these surveys and polls; and

- to send important notices, such as communications about product purchases, product recalls, product warranty information, product safety or security information, and changes to other policy documents. (Because this information is important to the products that you purchase on Service Provider's ecommerce platform, you will receive these communications even if you have opted out of all other communications.)

We will observe applicable law and take all reasonable steps to ensure any person or entity receiving personal information for the purposes described above, are obligated to protect and keep secure the personal information on your behalf. 

BY SUBMITTING YOUR INFORMATION EITHER TO THE MERCHANT, TO US, OR TO THIRD PARTIES WHO PROVIDE SERVICES TO US, YOU CONSENT TO THE USE OF YOUR PERSONAL INFORMATION AS SET FORTH ABOVE, AND TO THE TRANSFER OF THAT DATA TO MERCHANTS OR THOSE INDIVIDUALS OR ENTITIES WE ENGAGE TO PROVIDE SERVICES IN CONNECTION WITH YOUR TRANSACTION.

 

Sharing personal information

In some circumstances, personal information that Service Provider receives from you directly may be provided to the Merchant in order for them to fulfill a service to Us for your benefit or directly to you. We may also provide your information in order to register your purchase with the manufacturer or service provider for warranty, technical support, after sales service or similar purposes. Merchants agree to be bound by the terms of this Privacy Statement.

 

Service Provider also employs other companies to provide services to Us in connection with your transaction or after sales services. We do use companies to process credit card payments, deliver packages, send mail, analyze data, Fraud Screening, provide marketing aid and assistance, provide customer service, and otherwise provide services to Us to enable Us to serve you and enhance Our services. These organizations may have access to personal information as required to permit them to perform their obligations to Us in this regard. It is Service Provider's policy to require these third parties to use this information in a manner consistent with this Privacy Statement.

 

Service Provider may be required to respond to subpoenas, court orders or be asked to respond to other legitimate requests for your personal information from appropriate law enforcement or governmental authorities. We may not provide you with notice of such requests and may release personally identifiable information to third parties when We believe it is appropriate for Us to do so in order to comply with the law or to protect against fraud. We may also release such information: 

- to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve Us with a subpoena);

- to comply with all valid court orders or subpoenas;

- to protect the legal rights of Service Provider, its employees and Our users;

- when We believe it is needed for fraud protection and/or credit risk reduction; and/or,

- to protect the personal safety of Our employees, agents, other users or the public in general.

Service Provider also reserves the right to report to such entities any activities that We believe to be unlawful. Any such report of the activities outlined in (a) through (e) will be made without prior notice to you, and you consent to such disclosure by Us.

 

In the event Service Provider merges with another entity, is acquired by another entity, sells substantially all of its assets to another entity, or enters into a business combination with another entity, Service Provider may be required to disclose some or all of your personally identifiable information to that entity to continue serving you.

 

Service Provider is not in the business of selling, trading or renting personal information. We will not use or share your personally identifiable information with others except as provided for in this Privacy Statement.

 

 

Management of personal information

Service Provider seeks to keep personal information accurate and up-to-date. If you find that your personal information is not accurate, please let Us know in writing.

 

If you need to update or correct your email address, mailing address, phone number, contact information, your preferences for newsletters and other marketing information (if any) you receive from Our manufacturers, or anything related to managing your Service Provider ecommerce account, please use the Customer Service Help information available at http://www.orderhlp.com/index.php?/Default/Knowledgebase/Article/View/47/7/managing-your-account. Without prejudice to your rights of access and other rights in relation to your personal information under applicable law, Service Provider will use best efforts to investigate your concerns after We receive your inquiry and make the necessary corrections, additions and/or deletions.

 

Service Provider will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law. Service Provider will delete your personal information after a reasonable time, given the purposes for which your personal information are held, unless it is appropriate or necessary to keep your personal information. It may be necessary for Service Provider to retain your personal information even after you have closed your account if retention is reasonably necessary to comply with Our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce other legal agreements. When personal information is deleted or disposed of, it will be in a manner that prevents loss, theft, misuse, or unauthorized access.

 

Service Provider will disclose your personal information directly to you upon your written request; provided, however, that We may reject all or part of your request when: 1) the disclosure may lead a breach of applicable law and regulation, or 2) where you have failed to provide sufficient evidence to verify your identity. Service Provider may charge USD $3.00 for each request of information. 

 

Location Information

Service Provider website and online services may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors; for example, Wi-FI access points and cell towers that may provide Service Provider with location information. 

 

Cookies

Service Provider' websites and online services use "cookies" and other tracking technologies such as web beacons. Cookies are text files that are placed on your computer when you visit Our web pages to make interacting with Our websites faster and easier. They help Us deliver the service you have requested and help Us improve your experience of Our site. For example, We use cookies to help identify and resolve errors, and to show related products when you browse. These cookies do not harm your computer. 

 

What if I Disable Cookies?

Because We use cookies across Our websites, disabling them will prevent you from using parts of the sites. If you do not want cookies, you can set your browser to reject cookies or to notify you when any website attempts to place a cookie in your browser.

 

How do I Disable Cookies?

Although cookies are harmless, We understand that you may feel uncomfortable with them being sent without your explicit permission. To learn how to restrict or block cookies through your browser, see your browser's Help. 

Information Collected

The cookies used on Our websites have been placed in categories, based on the guidelines found in the International Chamber of Commerce UK Cookie guide (PDF). 

 

Category 1 - Strictly Necessary Cookies

These cookies are essential to enable you to browse our websites and use the features. Without these cookies, services like the shopping cart will not work.  

 

Category 2 - Performance Cookies

These cookies collect information about how you use Our websites - for instance, which pages you visit most. We may use cookies to find out which parts of Our sites are visited most often and how easy Our websites are to use. This data may be used to improve Our websites. Service Provider uses Google Analytics to collect this performance information. We may also use performance cookies to let affiliates know if you came to one of Our websites from an affiliate and if your visit resulted in the purchase of a product, including details of the product purchased. These cookies do not collect information that identifies you. The information collected is merged for many users and is therefore anonymous. 

 

Category 3 - Functional Cookies

These cookies allow Our websites to remember the choices you make while browsing. For instance, We may store your region in a cookie to ensure that We show Our website for your country. They may also be used to keep track of featured products or videos you may have already viewed to avoid repetition. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 

 

Category 4 - Targeting Cookies or Advertising Cookies 

These cookies are used to deliver advertisements more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. They remember that you have visited this website and this information is shared with other organizations, such as advertisers. 

 

Want to Know More?

If you want to learn more about cookies in general and how to manage them, visit AboutCookies.org. Please note that We cannot be responsible for the content of external websites. Alternatively, you can search the Internet for independent information on cookies. (http://www.aboutcookies.org/)

 

Children's Privacy

This site is not aimed to attract children and its objective is not to collect personal information from children. Anyone under the age of 18 should not use this site unless supervised by an adult. Service Provider's goal is to comply with applicable laws and regulations relating to collection and use of information from children, including the Children's On-line Privacy Protection Act of the United States and other applicable laws or regulations. 

 

Security of Personal Information

Do not send Us your payment or personal information via email or other unsecured transmission systems. You should protect your personal information at all times. You will only be asked to provide your information to Us in a secure fashion via Our website, fax, or phone.

 

Customers who buy through the Service Provider system are shopping on a secure server which encrypts customer's credit card information and passwords. This makes it difficult for a third party to access or use your personal information in an unauthorized manner.

 

Service Provider has developed its service with security as a top priority. We use firewalls to help prevent access to information in Our system and Secure Socket Layers ("SSL") to encrypt your personal information and protect it from disclosure, destruction, modification, or use.

 

Your Choices

You can decide whether or not to provide personal information to Service Provider and withdraw your consent to Us processing your personal information at any time. However, if you do not provide personal information or withdraw such consent you may not be able to make purchases, enlist services or access certain offers or options that may be of benefit to you. At the time you provide your information, We will also offer you a choice as to whether or not you wish to receive further communications about special offers, product information, or other marketing messages. We may provide this information to Our business partners and suppliers. If you choose not to receive these communications, We will not use your personally identifiable information for this purpose.

 

You may choose to unsubscribe from notices of special offers described in the preceding paragraph. Service Provider provides you with the ability to unsubscribe at any time via the consumer account space noted on the confirmation of your order.

 

If you no longer wish to receive SMS messages related to product availability at nearby retailers, as well as general marketing information, reply to a SMS message with the word "STOP". To re-subscribe, reply with the word "START". 

 

Changes to this Privacy Statement

Without prejudice to your rights under applicable data protection or privacy law, Service Provider may amend this Privacy Statement from time-to-time, and such change is effective upon posting on this site.

 

Consumer Protection Act (for Canada only)

Pricing shown are not valid for Quebec. In compliance with the Quebec Consumer Protection Act, it is mandatory for all product prices to include the total of all amounts that the consumer must pay, excluding GST/QST, license and registration fees.

 

Kibo indemnification and limits of responsibility

By using this site, you agree to indemnify, defend, and hold harmless Kibo and its affiliates, officers, directors, employees, consultants, and agents from any and all claims, liability (including product liability), damages, and/or costs (including, but not limited to, attorneys' fees) arising from your use of any of Kibo's services. Kibo accepts no responsibility for user-initiated damage and/or loss of parts incurred during the operation or use of products.

 

You agree to indemnify, defend, and hold harmless Kibo, its affiliates, officers, directors, employees, consultants, and agents from any and all claims, liability (including product liability), damages, and/or costs (including, but not limited to, attorneys' fees) that arise from your use of any of Kibo's services.

 

Errors on Our Site

Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered. BRP reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.

 

If your payment has already been processed for the purchase when your order is cancelled, BRP will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

 

If you are not fully satisfied with your purchase, you may return it in accordance with BRP Return Policy.

 

Service Provider Contact Information

For more information on Service Provider, or If you would like to contact Us with questions or comments concerning Our Privacy Statement or if you feel your inquiry or request has not been addressed to your satisfaction, please contact Kibo by phone: 1-877-412-7467