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Privacy


KOOKAÏ Privacy Policy

 

Effective Date: 12th November 2015

 

  1. General

This website www.kookai.us ('Website') is operated by or on behalf of Magi Corp trading as 'KOOKAÏ' (referred to as ‘KOOKAÏ’, 'we', 'us' or 'our'). KOOKAÏ respects the privacy of your personal information as a visitor to this Website. This Policy describes how we collect, use, store, process, and share your information in relation to the Website. By visiting, browsing, or using the Website or any part of the Website, you expressly consent to the collection, use, storage, processing, and disclosure of your information, including personal information, as described in this Policy. IF YOU DO NOT AGREE WITH THIS POLICY, DO NOT VISIT OR USE THE WEBSITE OR CLICK TO INDICATE THAT YOU AGREE TO THIS POLICY. This Policy is part of and incorporated into the Website Terms & Conditions  (“Terms”), governing your use of the Website. Parts of the Terms affect this Policy, so be sure to review the Terms prior to using the Website. Capitalized terms not defined herein have the definitions set forth in the Terms.

 

  1. Changes to this Policy

We reserve the right to revise this Policy from time to time by updating it and posting it at www.kookai.us, with the new Policy taking effect on the date of posting. You should periodically review this Policy to ensure you are familiar with the most current version. Your use of the Website after the Effective Date of the updated version of this Policy will constitute your acceptance of the updated Policy.

 

  1. Applicability of this Policy

This Policy covers our treatment of information that is gathered by the Website, including personally identifiable information and non-personally identifiable information. If you visit the Website without providing any information or making a purchase, you can browse without submitting any personally identifiable information. In order to access certain features, such subscribing to our newsletter, making a purchase, or applying for a job with KOOKAÏ, you may be asked to provide personally identifiable information, such as your name, address, phone number, email address, date of birth, educational information, or billing information. This Policy does not apply to information collected by third party Linked Sites, including third party websites or services. We have no control over and no responsibility or liability for any third party collection, use, disclosure, or retention of your information and that collection, use, disclosure, and retention is not subject to this Policy. Please review the privacy policies of any Linked Sites you may access.

 

  1. Collection, Use, and Disclosure of personal information

(a) Information collected - Overview

    KOOKAÏ may, from time to time, collect personal information about you in the course of its business in a number of different ways, including when you:

     

    • Visit the Website or our social media sites;
    • Enter a competition or promotion;
    • Sign up for our electronic mailing list/newsletter;
    • Enquire about or order products through our Website or via phone, fax, email, post or in person;
    • Buy our products or services through the E-Boutique;
    • Provide feedback;
    • Fill in a form on our Website; 
    • Apply for a job on our Website; and/or
    • Otherwise contact us.

      The information we collect from you or that you provide to us may be stored indefinitely in a profile specific to you. Any non-service related email that you receive from us will include an unsubscribe link that will allow you to opt out of receiving future emails. If you decide that you no longer want to receive KOOKAÏ emails/newsletters or other updates then please use the unsubscribe feature set out in the email or contact us in any of the ways specified in section 13 below.

       

      (b) Automatically Collected Information

       

      Similar to other web sites, we may collect some information automatically and store it in log files. We may use Google Analytics or other third party analytics providers to collect this information about the Website. This information does not identify you. This collection may include, but is not limited to: your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time. We collect this non-identifying information in order to better understand our customer base, to more efficiently operate our business, to promote our products and services, and to improve the quality of the Website. We do not link analytics information with any of your personally identifiable information. We may automatically collect information using various mechanisms, including but not limited to:

       

      Cookies. A cookie is a small text file that is stored on a computer for record-keeping purposes. Our third-party analytics providers use cookies to record information about your activities on the Website and to “remember” you when you return to the Website. Some cookies remain on your computer until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser setting to attempt to reject cookies and you may still use the Website. See the section entitled “Do-Not Track Settings” below for more information on how the Website may respond to your browser settings. We do not control the use of cookies by third parties.

       

      Pixels (aka web beacons/web bugs/java script). Pixels are tiny graphics with a unique identifier that are used to track the online movements of web users. Unlike cookies, which are stored on a computer’s hard drive, pixels are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on web pages or in HTML-based emails. Our third-party analytics providers may place pixels on the Website that track what other websites you visit (both before and after visiting the Site). Our third-party analytics providers use information obtained from pixels to help us improve our business and the Website. We do not control the use of pixels by third parties.

       

      Google Analytics uses cookies and pixels in order to collect demographic and interest-level information and usage information from users that visit the Website, including but not limited to information about the pages where users enter and exit the Website and what pages users view on the Website, time spent, browser, operating system, and IP address. Cookies and pixels allow Google to recognize a user when a user visits the Website and when the user visits other websites. Google uses the information it collects from the Website and other websites to share with us and other website operators information about users including, but not limited to, age range, gender, geographic regions, general interests, and details about devices used to visit websites and purchase items. We do not link information we receive from Google with any of your personally identifiable information. For more information regarding Google’s use of cookies, pixels, and collection and use of information, please review Google’s Privacy Policy. If you would like to opt out of Google Analytics tracking, please visit the following link: Google Analytics Opt-out Browser Add-on

       

      Security of your information on the Website

       

      Keeping your information secure is of great concern to us. We exercise care in facilitating the transmission of information between your device or computer and the third-party servers that operate and store information for the Website. The personal information we collect is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

       

      (c) Use of personal information

       

      KOOKAÏ will only use the information we collect about you for purposes connected with our business operations, including:

      • Conducting our business functions;
      • Marketing and selling our products and services, including via our online shop;
      • Verifying your identity;
      • Contacting you;
      • To email you newsletters or other updates (where you have consented to receiving them) by signing up to receive email updates from KOOKAÏ;
      • Providing you with ongoing information that we believe you may be interested in receiving;
      • Personalising and customising your experiences on our Website, including to remember your details when you visit our Website multiple times;
      • Enabling you to enter an online competition or promotion;
      • Processing your payments for purchasing any products;
      • Providing purchased goods or services to you;
      • Providing advertising material to you regarding us, our clients, and other third parties such as our sponsors and business partners;
      • Sharing your personal information with our related entities, business partners and selected third parties;
      • Responding to questions about our products and services;
      • Developing and improving our products and business;
      • To process your job application;
      • To monitor Website usage or to improve the Website;
      • To resolve disputes;
      • To detect and protect against errors;
      • To deter fraud and criminal activity or to assist law enforcement; and
      • For any other more specific purposes for which it was collected which were notified to you at the time of collection (and related purposes which would be reasonably expected by you).

      If you choose not to provide your personal information to us for the purposes set out in this Privacy Policy, we may not be able to undertake certain activities for you such as providing you with requested information, products or services, or allowing you to enter competitions and promotions.

      Payment Information; Third Party Payment Processor

      Credit card payments are handled through PayPal or Braintree, our third party payment processor. KOOKAÏ does not access or store your credit card information. PayPal or Braintree will collect and may retain your credit card information in order to process your payment. We do not control PayPal or Braintree or their use of your information. Please also see the “Affiliated Entities and Service Providers” section below


      (d) Disclosure of personal information


      We may disclose your personal information:

      • To third party service providers appointed by KOOKAÏ to perform services for us or on our behalf (such as website and data hosting providers, payment processing services and PR agencies);
      • To our related companies;
      • As required or authorized by law;
      • In connection with insolvency or business transitions; or
      • Otherwise with your consent.


      Affiliated Entities and Service Providers
      . Some of your personal information may be transferred, stored, processed or used overseas by us or by third party service providers. This may happen if our related entities are overseas, if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection. You consent to the collection, use, storage, and processing of your personal information outside of the United States of America. In particular, your personal information may be disclosed to third party service providers, including those which may store your personal information, in Australia and Denmark, and such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy, without us being responsible for such use (or for any breach). In these circumstances, you consent to the collection, use, storage and processing of your personal information in those countries. Where such parties are located overseas, you may have rights to enforce such parties' compliance with applicable data protection laws, but you may not have recourse against those parties in relation to how those parties treat your personal information. KOOKAÏ requires its service providers to keep personal information confidential and not to use or disclose it for any purpose other than performing services for us or on our behalf. Use of personal information by affiliated entities and service providers will be subject to this Policy or an agreement that is at least as restrictive as this Policy.


      Legal Requirements
      . In some cases, we may disclose your information (i) as required by any applicable law or legal regulation; (ii) if we believe disclosure is needed to protect our rights, property, or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Website; and (iv) to respond to a physical threat to you or another person.


      Insolvency and Business Transitions
      . If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell, or reorganize all or part of our business or assets, we may disclose your information, including personal information, to prospective or actual purchasers in connection with one of these transactions.


      DISCLAIMER
      . We cannot ensure that all of your information will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Site may abuse or misuse your personal information. No transmission of data over the internet can be 100% secure.

       

      1. Use of Non-Personally Identifiable Information


      We may use non-personally identifiable information for any lawful purpose, including, but not limited to, analyzing trends, administering the Website, tracking users’ movements, and to improve our business and the Website. We may share aggregate information with third parties to develop and deliver targeted advertising and to analyze and report on advertising you see. We may also combine non-personally identifiable information with non-personally identifiable information collected from other sources.

      1. Information Retention

       

      We will retain your information indefinitely, or as long as legally required or allowed. We may, but are not obligated to, delete information we have collected or obtained from you or third parties and we may continue to use and disclose your information in accordance with this Policy. KOOKAÏ does not undertake any retention obligations through this statement.

       

      1. Direct marketing

      You consent to us using your personal information for sending you information, including promotional material, about us or our products and services, as well as the products and services of our related entities and third parties, now and in the future. We will not send you any marketing messages via SMS text message without first asking for your express consent. If you want to stop receiving text messages from us at any time, you may opt out by responding to any text you receive.. You can also contact us in any of the ways specified in section 13 below if you do not want to receive marketing information from us.

       

      1. “Do not track” settings

       

      Because we track website usage information through the use of cookies, pixels and other tracking mechanisms, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser to delete and disable cookies and other tracking/recording tools. However, getting a “Do Not Track” signal to work as you might want is difficult. Using browsers as an example, not all tracking technologies can be controlled by browsers; unique aspects of your browser might be recognizable even if you disable a tracking technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose, data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website usually will not be able to control other websites.

       

      9. Children's Privacy

       

      (a) This Website is not intended for use by children. KOOKAÏ is committed to protecting the privacy and safety of children. This Website is a general audience site and children under the age of 13 are prohibited from using the Website. We will not knowingly collect any information from children under the age of 13; nor will we send any email correspondence to children under the age of 13. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. Children under the age of 13 should always ask their parents or guardians before providing their information online. If you believe information from a child under the age of 13 has been submitted to the Website, please notify us at: contact@kookai.com.au

      (b) California Minors
      . We may provide Website users the ability to publicly post information, for example by submitting photographs or other User Content. If you are a California resident under age 18 and you are unable to remove publicly-available User Content that you have submitted to us, you may request removal by contacting us at: contact@kookai.com.au When requesting removal, you must be specific about the information or User Content you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. We are not required to remove any User Content or information that: (i) federal or state law requires us or a third party to maintain; (ii) the User Content or information was not posted by you; (iii) we anonymize the User Content or information so that you cannot be identified; (iv) you don’t follow our instructions for removing or requesting removal; or (v) you received compensation or other consideration for providing the User Content or information. REMOVAL OF YOUR USER CONTENT OR INFORMATION FROM THE WEBSITE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT USER CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the User Content or information posted by you; our obligations under California law are satisfied so long as we anonymize the User Content or information or render it invisible to other users and the public.

       

      10California Shine the Light Law

        California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may do so by contacting us at: contact@kookai.com.au

         

        11. Linked Sites

         

        The Website contains links to other websites (“Linked Sites”). We are not responsible for the privacy practices or content of any Linked Sites. Linked Sites may collect personally identifiable information from you that is not subject to our control. The data collection practices of Linked Sites are governed by that site’s privacy policy.

         

        12. Accessing and updating your personal information and  further information

         

        If your personal information changes, please contact us as specified in Section 9, below. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If you cancel an Order or delete your information from the Website, your information will no longer be associated with your Order. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.

        13. Concerns about Privacy

         

        If you have any questions or comments about this Privacy Policy, please contact us as follows:

         

        • By mail:
        The Privacy Officer
        KOOKAÏ
        34 Garden St, South Yarra
        Victoria 314, Australia; or
        • By phone: +613 9804 7906.
        • By email: privacy@kookai.com.au
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