Privacy Policy
Effective
as of May 25, 2018
Kerr
Systems and Services provides a platform, including a website available at www.kerrsands.com
and related mobile applications, which makes available various services,
including safety tools and content (the “Service”). “Kerr Systems and Service,”
or “we” or “us” refers to Kerr Systems and Services LLC and the Kerr Systems
and Services Family in this Privacy Policy (the “Policy”). The Kerr Systems and
Services Family means Kerr Systems and Services subsidiaries, parent companies,
joint ventures and other corporate entities under
common ownership and/or any of their agents, consultants, employees, officers
and directors.
We at Kerr
Systems and Services respect the privacy concerns of the users of this Service
and have created this privacy policy to explain (1) what information we gather
from you when you visit our Service, (2) how we may use such information, (3)
your choices concerning how we may use such information and (4) the security
measures we take to protect such information. Some information is collected on
this Service automatically through our technology; other information is
collected only when you choose to give it to us (e.g., when you set up an
account, register for a contest or sign up for a specific online transaction).
Notice
to EU Residents
This
Policy is intended to provide adequate and consistent safeguards for the
handling of personal information in accordance with Directive 95/46/EC of the
European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free
movement of such data (“the Directive”) and all the relevant transposing
legislation of the Directive in the European Union/European Economic Area, the
Swiss Federal Data Protection Act, as such laws may from time to time be amended
and valid during the application of this Policy, the Privacy Shield, and any
other privacy laws, regulations and principles concerning the collection,
storage, use, transfer and other processing of personal data transferred from
the European Economic Area or Switzerland to the United States including but
not limited to the Regulation (EU) 2016/679 of the European Parliament and of
the Council of 27 April 2016 on the protection of natural persons with regard
to the processing of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (“the General Data Protection Regulation”) as of
its entry into force on 25 May 2018.
Summary
Although
you should read through the Policy for complete
information on how we collect, use, share, and secure information, the
following provides a summary of some the most important aspects of or our
privacy practices:
·
We may use your personally identifiable information to provide
you with services, including to process donations or payments you make, to
improve our services, and to provide you with information on upcoming events,
announcements, and contests.
·
We may share your personally identifiable information under
certain circumstances as disclosed in this Policy.
·
We take reasonable measures to secure your personal information,
but we cannot promise, and you should not expect, that your personal
information will remain secure in all circumstances.
Principles
for Processing Personal Information
We
respect your privacy and are committed to protecting your personal information
in compliance with the applicable legislation. This compliance is consistent
with our desire to keep you informed and to recognize and respect your privacy
rights. We agree to observe the following principles when processing personal
information:
·
Data will be processed fairly and in accordance with applicable
law.
·
Data will be collected for specified, legitimate purposes and
not processed further in ways incompatible with those purposes.
·
Data will be relevant to and not excessive for the purposes for
which they are collected and used. For example data
may be rendered anonymous if deemed reasonable, feasible and appropriate,
depending on the nature of the data and the risks associated with the intended
uses.
·
Data subjects in the EU will be asked to provide their clear and
unequivocal consent for the collection, processing and
transfer of their personal data.
·
Data will be accurate and, where necessary kept up up-to-date.
Reasonable steps will be taken to rectify or delete personal information that
is inaccurate or incomplete.
·
Data will be kept only as it is necessary for the purposes for
which it was collected and processed. Those purposes shall be described in this
Policy.
·
Data will be deleted or amended following a relevant request by
the concerned data subject, should such notice comply with the applicable
legislation each time.
·
Data will be processed in accordance with the individual’s legal
rights (as described in this Policy or as provided by law).
·
Appropriate technical, physical and
organizational measures will be taken to prevent unauthorized access, unlawful
processing and unauthorized or accidental loss, destruction or damage to data.
In case of any such violation with respect to personal data, we will take
appropriate steps to end the violation and determine liabilities in accordance
with applicable law and will cooperate with the competent authorities.
Information
We Gather Automatically
When
you visit this Service, certain non-personally identifying information is
recorded automatically by the standard operation of our Internet servers.
Information such as the type of browser being used, its operating system, and
your computer's Internet Protocol ("IP") address (a number that your
Internet service provider assigns to your computer whenever you surf the
Internet) is gathered in order to facilitate our
online operations and to assure an efficient online experience for you. If you
access our Service from a mobile or other device, we may collect information
for that device (including operating system, browser, type of device) in order to facilitate our mobile operations and to assure
an efficient mobile experience for you. We may use or share this information
for security purposes, to generate group statistics about our user community,
or as required by law.
If you
access our Service from a social network like Facebook, Kerr
Systems and Services receives certain information about you from the social
network automatically. The information we receive depends on the Service, the
social network, and your privacy settings and your friends’ privacy settings on
that social network.
For
example, Kerr Systems and Services may collect and store some or all of the following information provided by the social
network:
·
your first and last name;
·
your profile picture or its URL;
·
your social network ID number (like your Facebook ID number),
which is linked to publicly-available information like your name and profile
photo;
·
the social network ID numbers and other public data for your
friends;
·
the login e-mail you provided to that
social network when you registered with it;
·
your physical location and that of the devices you use to access
our Services;
·
your gender;
·
your birthday and/or age range;
·
other publicly-available information on the social network;
and/or
·
any other information that you or the social networks share with
Kerr Systems and Services.
If you
access our Service from a social network, you should also read that social network’s
Terms of Service and Privacy Policy.
Among
the purposes for which we may use such generally non-personally identifying
information is for identification purposes in the event of an emergency
threatening life or property, or where proper legal process allows using such
information. For instance, we may use your IP address or other automatically
recorded information, in cooperation with your Internet provider, to attempt to
identify you if it is necessary to contact you or to bring legal action against
you because you are violating the Terms of Service for use for this Service,
may be causing injury to or interference (intentionally or unintentionally)
with our company's rights or property, or may be adversely affecting other
users of this Service or anyone else who could be harmed by your activities.
Personal
Information You Provide To Us
We may
request personally identifying information from you in a variety of contexts.
For example, you may provide such data to us if you: (1) complete an online registration
form (e.g., registering for an account, various sign-up forms for receiving
email newsletters, registering for special offers, entering a
contest/sweepstakes or responding to a survey); (2) fill out an order form to
request information; (3) register to participate in message boards and chat
rooms (if any) and other community features; or (4) purchase any products or
services from us or another Kerr Systems and Services business. Additionally,
when you ask for help from our Customer Support team, we will collect and store
the contact information you give them (generally, your name and e-mail
address), information about your activity on our Services, and your user name.
We will also store the communications you have with the Customer Service team
and any information in those communications in order to
provide support.
In such
cases, the personally identifying information we request may include your name,
email address, mailing address and zip code, phone number, and, where
appropriate, a valid credit card number with expiration date (collectively,
"Personal Information"). In addition, we may collect other
non-personally identifying information such as your date of birth, gender,
country of residence, language preference, hobbies and
other information regarding your interaction with our Service such as your
viewing and listening habits, preferences and other customized activities in
which you participate. Of course, you never have to answer any of the questions
we ask you (nor choose to view or listen to any multimedia content or otherwise
interact with our Service), but refusal to do so may limit the products or
services we can offer or provide to you.
When
you provide Personal Information to us, we may use that data to create a "My
Profile" page for you, which will be held in a database using
reasonable security measures to protect the data from unauthorized access.
Others outside kerrsands.com will not be allowed to see the data on your My
Profile Page except with your consent (see below). If you register to set
up an account, you will be able to access your My Profile page at any
time in order to update your individual Personal
Information listed therein (see below under "How Can You Correct or Review
Your Personal Information?" for more details).
How Can
Your Personal Information Be Used?
Within Kerr
Systems and Services
When
you purchase products or services from Kerr Systems and Services we will use
your Personal Information to fulfill your order and for customer service. Many
online customers are particularly concerned about their credit card
information, which we will share only as required by companies involved in your
transaction (e.g., fulfillment, billing, mailing, storage
or delivery services). We will not share your credit card information with any
third party unless that company needs the number for the fulfillment or delivery
of your order. We do not rent, sell or share credit
card information with promotional partners or other third parties.
Your
Personal Information may be stored on the Kerr Systems and Services cloud in order to provide interoperability of the Service among
your devices.
Kerr
Systems and Services keeps track of the websites and pages you visit within the
Service, what features and content you use and how frequently. This information may be used by Kerr Systems and Services to
maintain and improve the content, design, usability, and quality of the
Service; to improve your user experience; to generate and provide statistics
regarding use of the Service; to deliver customized content and advertising
within the Service to users whose behavior indicates that they are interested
in a particular subject area, and to develop new products and services.
We may
have links to third party-operated sites that sell or license certain items, or
other goods mentioned, provided, or promoted on Kerr Systems and Services. Such
third party sites are not operated or controlled by Kerr
Systems and Services, and any transactions that you may enter into with such
sites will be subject to the privacy and security practices of the merchant
with which you are transacting. Kerr Systems and Services is not responsible
for the privacy and security practices of sites not in our immediate control.
We may
use your Personal Information and other non-personally identifying information
we collect to update you about our products or services or to contact you about
exciting offers of new products or services that we believe may be of interest
to you. You always have the option to receive fewer or no communications in the
future from us by opting out. You may opt out by (a) following the instructions
included in the specific communication you no longer wish to receive, (b)
sending an email to privacy@kerrsands.com and explaining how you would like to
modify your preferences, or (c) accessing your Profile page and modifying how
you would like to modify your preferences.
Finally,
without any specific approval from you, we may develop general aggregate data
(i.e., data that cannot be used to identify specific individuals) about our
user community that is partly based on information about you and your
transactions with Kerr Systems and Services. For example, hypothetically, you
might be one of 1,000,000 customers between the ages of 25 and 35. We may share
such aggregate statistics with other Kerr Systems and Services-related
companies without your consent.
Contest
Sponsors
When
you give Personal Information to Kerr Systems and Services in connection with a
contest, we may share that data (together with non-personally identifying
information you may provide) with the sponsor or sponsors of such contest. By
entering a contest, you are allowing such sponsor or sponsors to use such
Personal Information and to contact you in connection with the contest and in
accordance with their own privacy policies.
Outside
Kerr Systems and Services
When
you give Personal Information to Kerr Systems and Services, we may ask you to
allow us to share that data (together with non-personally identifying
information you may provide) with our promotional partners and third-party
advertisers. In such instances, our general practice is to ask you to
"opt-in" to share such data and information on, for example, a
specific promotion, registration page or contests. However, in some instances,
we may ask you to "opt-out" from sharing such data and information
with a given promotional partner or third party
advertiser in connection with a specific promotion, registration page or
contests. If you prefer, you may give us blanket permission to share your
Personal Information with all of our promotional
partners and third-party advertisers. Conversely, you may also choose not to
allow us to share your Personal Information with any other companies outside Kerr
Systems and Services.
If you
consent to share your Personal Information with our promotional partners and
third-party advertisers, you are allowing such parties to use such Personal
Information and to contact you in accordance with their own privacy policies.
You have the option to change your mind and to stop us from further sharing
your Personal Information with our promotional partners and third-party
advertisers by modifying your preferences or by contacting privacy@kerrsands.com
and explaining how you would like to modify your preferences..
We will not retrieve any Personal Information shared with our promotional
partners and third-party advertisers prior to your decision to opt-out. If you
wish to limit or discontinue receiving further communications from a
promotional partner or third-party advertiser, please contact that company
directly in the manner indicated in its own communications with you.
Without
any specific approval from you, Kerr Systems and Services may develop general
aggregate data (i.e., data that cannot be used to identify specific
individuals) about you that is partly based on information about you and your
transactions us. We may share such aggregate statistics with promotional
partners and third-party advertisers without your consent.
Finally,
we may use your Personal Information in connection with third-party advertisers
who serve ads to you while visiting an Kerr Systems
and Services Service. These third-party advertisers may use your Personal
Information (not including any personally identifying information you may
provide) in order to generate advertisements about
goods and services that may be of interest to you. If you would like to know
more about this practice and to obtain information about how third-party
advertisers use your Personal Information to select advertisements
please click here.
Service
Providers
We may
employ third party companies to provide customer support, perform Website-related
services (e.g., without limitation, maintenance services, database management,
web analytics and improvement of the Website's features) or to assist us in
analyzing how our Service is used. These third parties may have access to your
personal information to the extent required to perform these tasks on our
behalf and are obligated not to disclose or use it for any other purpose.
Mailing
List
You can
be added to the Kerr Systems and Services mailing list upon request;
subscriptions to the mailing list can be cancelled at any time.
Contest
Winners
As
further explained in our Contest Rules, by entering into
a contest, you grant us the right to disclose name, biographical information,
pictures/portraits, video images, likenesses and/or voice to the general public
if you are a contest winner.
For
Legal Enforcement Purposes
We
reserve the right to disclose your Personal Information, including credit card
information, as required by law or in special cases when we have reason to
believe that disclosing this information is necessary to identify, contact or
bring legal action against you if you are violating the Terms of Service for
this Service or may be causing injury to or interference (intentionally or
unintentionally) with our company's rights or property, other users of this
Service or anyone else who could be harmed by your activities. Additionally, Kerr
Systems and Services cooperates with government and law enforcement officials
and private parties to enforce and comply with the law. We will disclose any
information about you to government or law enforcement officials or private
parties as we, in our sole discretion, believe necessary or appropriate to
respond to claims and legal process (including but not limited to subpoenas),
to protect the property and rights of Kerr Systems and Services or a third
party, to protect the safety of the public or any person, or to prevent or stop
activity we may consider to be, or to pose a risk of being, an illegal,
unethical or legally actionable activity.
As an
Asset of Kerr Systems and Services
If Kerr
Systems and Services becomes involved in a merger, acquisition, or any form of
sale or transfer of some or all of its assets, your
information will be transferred to the acquiring entity. In such a situation,
you will be provided with notice that a transfer of your information is
imminent, and you will be given an opportunity to opt-out of the transfer of
your information.
How Can
You Correct or Review Your Personal Information?
You can
access, review, update and correct Personal
Information you have provided us by clicking on the My Profile tab at the top
of this page. If you prefer, you can also contact us by sending an email to privacy@kerrsands.com and
explaining how you would like to modify your preferences.
Safeguarding
Your Personal Information
Kerr
Systems and Services cares about the security of your Personal Information. We
follow generally accepted industry security standards to safeguard and help
prevent unauthorized access, maintain data security
and correctly use such Personal Information. When you provide credit card
information, we use secure socket layer (SSL) encryption for that data.
Despite
many advances in information security technology and procedures, however, no
commercially deployed method of information transfer over the Internet or electronic
data storage is known to be 100% secure. As a result, while we do strive to use
modern and commercially reasonable means to protect your Personal Information,
we cannot guarantee the absolute security of that information during its
transmission or its storage in our systems.
For
Parents Concerning the Privacy of Information on Their Children
Children
under 13 are not allowed to use our software. If you are based in the EEA you may only use our software if you are over the age at
which you can provide consent to data processing under the laws of your country
or if verifiable parental consent for your use of our software has been
provided to us. If you are a parent and you learn that your child is using our
software and you don't want them to, please contact us.
International
Operations and Transfers Out of Switzerland and the EEA
Kerr
Systems and Services provides worldwide service. By using our software, you
authorize us to transfer and store your information outside your home country,
including in the United States, for the purposes described in this policy. The
privacy protections and the rights of authorities to access your information in
these countries may not be the same as in your home country.
We take
additional measures when information is transferred from the European Economic
Area (EEA). This includes having standard clauses approved by the European
Commission in our contracts with parties that receive information outside the
EEA. We also rely on European Commission adequacy decisions about certain
countries, as applicable, for data transfers to countries outside the EEA.
Cookies
A
"cookie" is a small text file that an Internet Service can place on
your computer's hard drive for record-keeping purposes. Cookies make using this
Service easier by, among other things, saving your passwords and preferences
for you, keeping track of your shopping cart when you visit an online store or
other similar purposes, and to help identify you whenever you return to our
Service, so you do not need to reenter your identification information. Most
Internet browsers are initially set up to accept cookies. However, you can
reset your browser to refuse all cookies or to alert you when a cookie is being
sent (note: you may need to consult your browser's "Help" area for
instructions on how to do that). If you choose to disable your cookies setting
or refuse to accept a cookie, some parts of this Service will not function
properly or may perform considerably slower. For example, without cookies, you
will not be able to set personalized preferences or
you may have difficulty downloading tablatures, watching videos or utilizing
the Community Forums. Some of our web pages may contain electronic images
(called "Clear GIFs", "Single-Pixel GIFs", or "Web
Beacons") that allow us to count page views or to access cookies. In
general, any electronic image viewed as part of a web page, including an ad
banner, can act as a Clear GIF. Typically, though, Clear GIFs are very small
(1-by-1 pixel size) files. They are often invisible on
a web page, but their presence can be detected within many Internet browsers by
setting your browser to view web page "sources". Clear GIFs are so
small in order not to use valuable space on the computer screen that is better
used to display helpful content. We may also include Clear GIFs in our email
products in order to determine information about the
opening and reading of such emails. In addition, some advertising networks that
serve ads on our web Service may occasionally use Clear GIFs within banner
advertisements. Clear GIFs set by Kerr Systems and Services generally are not
used to collect, gather, monitor, or share personal information about our
users, though they can be used in conjunction with cookies to record particular actions. We use Clear GIFs primarily to compile
aggregated, anonymous statistics about web Service or email product usage.
Some of
the advertisements and other services that appear on our web Service(s) are
delivered to you by Internet advertising companies. These companies utilize
certain technologies including cookies to deliver advertisements and marketing
messages and to collect anonymous information about your visit to our sites and
other web sites. If you would like more information about this practice or to
opt out of having this information used by companies that are part of the
Network Advertising Initiative to provide targeted ads, please visit http://www.networkadvertising.org.
Message
Boards, Chat Rooms and Instant Messaging
If you
visit a message board, chat room or utilize an instant messaging service on
this Service, if any, you are solely responsible for the content of messages
you post there. You should be aware that when you voluntarily disclose Personal
Information (for example, your name, street address, email address, or
telephone number) on message boards, chat rooms or instant messaging services,
that information can be read, collected and used by
other users of these services and may result in unsolicited messages, both
commercial and otherwise. You agree that by participating in such online public
forums, you will not use such forums for any purpose that is unlawful or
prohibited by the community guidelines that may be in effect from time to time
in connection with such service. We reserve the right to terminate your access
to this Service or to take other protective steps if you violate those terms.
Links
to Other Sites
We do
not endorse and are not responsible for the content or practices of web sites
operated by companies outside of Kerr Systems and Services that may be linked
to this Service. You should not assume that their privacy policies or practices
are the same as those followed by our company or by other Kerr Systems and
Services companies. Visitors to any such web sites should refer to their
respective privacy policies and practices.
How to
Contact Us
If you
have any questions or complaints about our Privacy Policy, you can contact us
at 268 Bush Street, #3044, San Francisco, CA 94104 or privacy@kerrsands.com.
When we receive such inquiries about our Privacy Policy, we will use the
Personal Information (such as your email address) only to respond to your
question or comment. However, if your question raises one or more issues that
affect our promotional partners, we may also share your question with them in order to provide a response.
You may
request access to any Personal Information maintained on you by Kerr Systems
and Services at any time by emailing privacy@kerrsands.com.
You may
email privacy@kerrsands.com
to review, update, and revise your personal information.
If any
information is inaccurate or incomplete, you may request that the data be
amended. It is your responsibility to provide use with accurate personal
information about yourself and to inform us of any changes. (e.g. new home
address or change of name).
If you
demonstrate that the purpose for which the data is being processed in no longer
legal or appropriate, the data will be deleted, unless the applicable law
requires otherwise. You also have the right to request the deletion of your
personal data for any reason by emailing privacy@kerrsands.com.
Obligations
to Data Protection Authorities
We will
respond diligently and appropriately to requests from DPAs about this Policy or
compliance with applicable data protection privacy laws and regulations. We
will, upon request, provide DPAs with names and contact details of the
individuals designated to handle this process. With regard to
transfers of personal information, we will (i)
cooperate with inquiries from the DPA responsible for the entity exporting the
data and (ii) respect its decisions, consistent with applicable law and due
process rights. With regard to transfers of data to
third parties, we will comply with DPAs’ decisions relating to it and cooperate
with all DPAs in accordance with applicable legislation.
Changes
in This Privacy Policy
We
reserve the right to modify or amend this policy at any time by posting the
revised privacy policy on our website. If there are changes or additions to
this Policy, we will post those changes here or in other formats for you to
review. Each version of this Policy will be identified at the top of the page
by its effective date. Your continued use of the Service after the effective
date of any modification to the Privacy Policy will be deemed to be your
agreement to any changed terms.
Acceptance
of This Privacy Policy
By
using this Service, you consent to the collection and use of your Personal
Information by Kerr Systems and Services in accordance with this Policy.