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LAST UPDATED: January 7, 2025.
Kickballz (“Kickballz,” “Company.” “we,” “us,” or “our”) is committed to privacy and data protection. We recognize that you care how information about you is used and shared, so we have created this Privacy Policy to inform you of our information collection, use, and sharing practices when you use our website at https://www.kickballz.com/ (the “Site”) and through any other websites, pages, features, or content owned and operated by us that direct to this Privacy Policy (collectively, the ”Services”).
By using our Services, you acknowledge that we will collect and process your personal information in accordance with this Privacy Policy, and you agree to the practices and terms set forth in our Terms and Conditions, available here. If you feel uncomfortable with any part of this Privacy Policy or our Terms and Conditions, please discontinue using the Services or engaging with Kickballz immediately.
We may update this Privacy Policy from time to time to reflect changes in the law or as we update or expand our Services. When we make a change, we will provide you with notice of such updates as required by applicable law, and we will revise the “Last Updated” date at the top of this Privacy Policy. All changes will be effective as of the “Last Updated” date. We encourage you to look for updates and changes to this Privacy Policy by checking this page when you access our Services. If you have any questions about this Privacy Policy, please contact us anytime at cs@kickballz.com, or as described in the “Contact Us” section below.
We may collect information about you anytime you interact with us, such as when you (i) access or browse the Site, (ii) order products or services through the Site, (iii) communicate with us either by e-mail, over the telephone or in any other manner, (iv) elect to participate in any of our product promotions, and (v) request information about products and services.
We may collect personal information when you interact with our Services. Personal information is any information that identifies or makes an individual identifiable. The definition of personal information depends on the applicable law based on your residence. Only the definition that applies to where you reside will apply to you under this Privacy Policy. The type of personal information that we may collect about you include but are not limited to information you provide to us, information collected automatically about your use of our Services, and information from third parties.
a.Information You Voluntarily Provide to Us: Personal information we collect on or through our Services may include:
b.Information Collected Automatically: As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
c.Information From Third Parties: From time to time, we may obtain information about you from third-party sources as required or permitted by law. These sources may include:
Any of the information we collect from you may be used in one of the following ways:
We may disclose your personal information as needed to fulfill the purposes described in this Privacy Policy and as permitted by applicable law. We may disclose your personal information as described below.
(a)With Our Service Providers. We may share your personal information with third-party service providers acting on our behalf to help us operate our Services. Service providers and vendors provide us with support services such as credit card processing, website hosting, community and feedback management, analytics services, surveys and research services, and network maintenance. These third parties can only use your information in accordance with our written instructions and must comply with the information security protections we have put in place.
(b)Within Our Corporate Organization. We may share your personal information within our organization, to provide you with the Services and take actions based on your request, such as our parent company, subsidiaries, and corporate affiliates, joint venturers, or other companies under common control with us.
(c)During Business Transactions or Other Asset Transfers. We may disclose and transfer information about you to buyers, service providers, advisors, potential transactional partners or other third parties in connection with the advisors, potential transactional partners or other third parties of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our business or assets.
(d)For Legal Compliance & Safety. We may access, preserve, and disclose information about you if we believe doing so is required or appropriate to (1) comply with law enforcement requests and legal processes, such as a court order or subpoena; (2) comply with requests from auditors, examiners or other regulators; (3) exercise, establish or defend our legal rights; or (4) protect your, our, or others’ rights, property or safety.
(e)With Our Business Partners. Subject to applicable law, we may share your personal information with our business partners, such as with data escrow providers, for permitted marketing purposes, or for co-sponsored events based on your voluntary participation. To learn more about your choices and rights, please review the “Your Choices and Privacy Rights” section below.
(f)With Your Consent. We may share your personal information for any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the services or other related services requested, with your permission or upon your direction.
To enhance your shopping experience at kickballz.com, we and our service providers and third-party partners may use cookies (small data files that we store on your computer's hard drive) or web beacons (also referred to as pixel tags, which are electronic images that allow us to count users who have accessed particular content and to access certain cookies) to collect personal information automatically as you interact with our Services, to help us customize your experience and better manage content on our Sites.. You can find more information about cookies and how they work here: http://www.aboutcookies.org. Some cookies we use are necessary to enable you to navigate the Sites and use features such as registering or creating and logging in to your account. We also use cookies to gather and record information about choices you make on the Sites and to allow us to tailor to our visitors. They simply enable us to keep track of your shopping experience and your order as you shop for our products.
Why We Use Cookies. We may use cookies for the following purposes:
How to Manage Your Cookies. To manage your cookie preferences, you can click on “Your Privacy Choices” link in the footer, and the cookie dashboard will appear providing information on the cookies used on our Sites and allowing you to change your preferences.
You may also exercise your preference by modifying your web browser setting to either (1) refuse cookies or (2) notify you and ask for your permission when a website tries to set a cookie. To learn the correct way to modify your browser settings, please use the “Help,” “Tools” or “Edit” menu in your browser or review the instructions provided by the following browsers: Internet Explorer, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile; and Android browser. If you choose to disable cookies in your browser, you can still use our websites, although your ability to use some of the features may be affected and you will have to reset your preferences each time you visit our Site.
Analytics. We use Google Analytics, which uses cookies and other similar tracking technologies, to perform website analytics. You may learn more about how Google collects and uses data here. You may also learn how to generally opt out of Google Analytics Advertising Features here at Google Ad Settings, and how to generally opt out of Google Analytics entirely here at this link.
Interest-Based Advertising. We and our third-party service providers may use interest advertising technologies when you interact with our Services. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. For information about opting out of third-party advertising, visit NAI Opt-Out and DAA Opt-Out (you will leave our Service for a separately managed online site where you can specify your preference under those programs). If you would like to opt out of non-essential cookies from our Site, please click Your Privacy Choices to update your settings.
When you place an order or access your personal information, we implement a variety of security measures intended to maintain the safety of your personal information. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the internet. If you feel that the security of any account you might have with us has been compromised, you should contact us immediately at cs@kickballz.com, or as described in the contact information included within the “Contact Us” section below.
We will retain your information for as long as your account is active, as needed to provide you Services or for other purposes stated in this Policy. We will cease to retain your personal information or remove the means by which the personal information can be associated with you as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal information was collected and is no longer necessary for legal or business purposes. If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us at cs@kickballz.com. Please note that, we may still retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Your Choices
We offer you certain choices about how we communicate with you and what information we collect from you.
(a)Correct or Update Your Information. If you have created a user account through the Services, you will have the ability to access, update and correct the personal information you have provided in connection with your account by logging into your account through the Services.
(b)Marketing Communications. When you no longer wish to receive these marketing emails or text messages from us, you can unsubscribe at any time by using the “Unsubscribe” link that appears at the bottom of such messages and following instructions contained within, or emailing us at cs@kickballz.com.
Your Privacy Rights
Depending on applicable law where you reside, you may be able to assert certain rights identified below with respect to your personal information. If any of the rights listed below are not provided to you under the law that governs the processing of your personal information, we have absolute discretion in providing you with those rights. Please refer to the table below to determine the rights you have in the jurisdiction in which you reside. Your rights in relation to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another's privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or vexatious, or for other reasons.
Privacy rights may include the following:
(a)Right to Know/Access. You may have the right to obtain a copy or a list of the categories of personal information that we hold about you, as well as other supplementary information, such as the purposes of processing and the entities to whom we disclosed your personal information.
(b)Right to Correct. You may have the right to correct any of your personal information in our records and systems. You may request us to rectify, correct or update any of your personal information held by us that is inaccurate. In addition to the methods described below, you can correct your personal information through your account settings.
(c)Right to Delete. Under certain circumstances, you may have the right to request that we delete the personal information that we hold about you. This right is not absolute, and we may refuse such a request if there are compelling legitimate grounds for keeping your personal information, for legitimate purposes, or as required by law. In addition, in the event your deletion request is honored, we may retain a record of your deletion request as required under applicable law.
(d)Right to Portability. You may have the right to receive a copy of the personal information we have collected about you in a structured, commonly used and machine-readable format.
e)(Right to Opt-Out Sale / Right to Opt-Out of Sharing for Targeted Advertising. You may have the right to opt-out of: (i) the sale of your personal information; and (ii) the sharing of your personal information for targeted advertising.
f)(Right to Limit Use and Disclosure of Sensitive Personal information. If you are a California resident, to the extent your sensitive personal information, as that term is defined under California privacy law, is used to infer characteristic about you, you have the right to object to our processing of your sensitive personal information. We do not process any sensitive personal information to infer characteristics about you without your consent.
(g)Right to Opt-Out of Automated Decision-making or Profiling. You may have the right not to be subject to a decision which significantly impact your rights that is based solely on automated processing (where a decision is taken about you using an electronic system without human involvement). No decision will be made by us about you solely on the basis of automated decision making which has a significant impact on you.
(h)Right Against Discrimination. You may have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your rights.
As mentioned above, depending on where you reside, you may be able to assert certain rights with respect to your personal information. To determine which rights you have, please refer to the table below that references the rights as described above in the Your Privacy Rights section.
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Location |
Applicable Rights |
|
California (if you are a resident) |
(a) Right to Know/Access; (b) Right to Correct; (c) Right to Delete; (d) Right to Portability; (e) Right to Opt-Out of Sale / Right to Opt-Out of Sharing for Targeted Advertising; (f) Right to Limit Use and Disclosure of Sensitive Personal information; (g) Right to Opt-Out of Automated Decision-making or Profiling (upon issuance of regulations by the California Privacy Protection Agency); and (h) Right Against Discrimination. |
Right to Opt-out of Sharing/Sales. We do not sell your personal information for profit, but like many websites, we use cookies, pixels, and similar technology on our Sites, and we make available certain information, such as your IP address or device identifiers, to certain third-party advertisers in order to improve your user experience and to optimize our marketing activities. Under some jurisdictions’ broad definition of “sell”, this could be considered a sale, and it could be considered “sharing” of your personal information for targeted, cross-context behavioral advertising purposes.
You may opt out of sales and sharing for targeted advertising by use of cookies and similar tracking technologies by click on “Your Privacy Choices” link in the Site’s or Services’ footer, and toggle off the “Sell/Share/Target” option in the cookie dashboard. Please note that you may still receive generalized ads after opting out of targeted advertising.
You may also opt-out of sharing and sales by using a browser-based opt-out preference signal. The Global Privacy Control signal is currently the only opt-out preference signal we can recognize. You can visit the Global Privacy Control official site at https://globalprivacycontrol.org/#about to learn how to configure your device to send such signals. We will honor and process the opt-out preference signal in a frictionless manner. Please note that the opt-out choice will only apply to your use of our Sites through the current browser or device you are using and only so long as that browser’s cookies are not erased. You will need to submit a separate opt-out of sharing request on each device and browser you use to visit our Sites to completely opt-out using this method.
Other Rights. You may exercise your rights by: (i) submitting our Privacy Request Form; (ii) emailing us at cs@kickballz.com with the subject line “Privacy Rights Request”, or (iii) calling us toll-free at 1-888-300-6261. Once you have submitted your request, we will respond within the time frame permitted by the applicable law. Please note that we may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by law.
Identify Verification. Before fulfilling your request, we are required by law to have you to verify the personal information we already have on file to confirm your identity. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity and for security or fraud-prevention purposes.
Authorized Agent. Residents of California may use an authorized agent to submit a rights request on your behalf. If you use an authorized agent to submit requests on your behalf, we will require you to verify your identity with us directly, or have you directly confirmed with us that the authorized agent has been authorized to act on your behalf.
Occasionally, at our discretion, we may include or offer third-party products or services on our Services. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of the Services and welcome any feedback about these sites.
Our Services are not directed to children under the age of 13, and we do not knowingly collect or process personal information from children under the age of 13. If you are a parent or guardian and any personal information has been collected from your child or if that information has been modified or deleted, you may contact us at cs@kickballz.com. If we become aware that a child under 13 has provided us with personal information, we will terminate the user’s access to our Service and take steps to delete such information from our file systems, unless we have a legal obligation to keep it.
During the account sign-in process, you can review, change, or remove the information you have submitted. We aim to keep our information about you as accurate as possible and encourage you to promptly update your information if it changes. You may, at any time, access your information to update, modify, or delete any inaccuracies by accessing your account through the Web Site. You may also request us to remove your account information from our databases, and we will try to remove as much information as possible. However, as we generally keep information related to past transactions for our records, we will not be able to completely remove your information.
If you are a California resident, then this Notice at Collection applies to you in accordance with requirements under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively “CCPA”).
Categories of Personal Information Collected, Disclosed and Categories of Recipient
Purposes for Collecting Personal Information (Customers)
For more information on categories of personal information disclosed and categories of recipients for such personal information, please see Section How We Disclose Your Personal Information.
Your CCPA Privacy Rights. Please see the Your Choice and Privacy Rights section for more information on your privacy rights under the CCPA. Kickballz does not sell or share the personal information of minors under 16 for cross-contextual advertising purposes.
Retention of Personal Information. We will retain your personal information for the time period required or permitted by law or for the time reasonably necessary to achieve the purposes described in this Policy or any other notice provided at the time of collection. Retention is based on several factors, including legal requirements, statutes of limitation, and business needs.
Shine the Light. If you are a California resident, you have the right to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. That notice will identify the categories of personal information shared with third parties and used for direct marketing purposes and the name and address of the third parties that received such personal information.
Do Not Track Signals. Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
If you have any questions regarding this Privacy Policy, please contact us using the information below.
Email: cs@kickballz.com
Phone: 1-888-300-6261
Address: Kickballz Online Store
Attn: Privacy Policy
105 E. 34th St. No. 137
New York, NY 10016