Effective Date:  January 2024

Update your Privacy Preferences here

This California Privacy Statement (“California Statement”) supplements the Privacy Statement and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopted this California Statement to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). Any terms defined in the CCPA and not defined here have the same meaning when used in this California Statement.

1) Notice of Collection and Use of Personal Information

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal information. To the extent this data is stored or associated with personal information, it will be treated as personal information; otherwise, the data is not subject to this California Statement.

Categories of Personal Information

Within the last twelve (12) months, we have collected the following categories of personal information:

1. Identifiers, such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, driver’s license number, or other similar identifiers.
2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)), such as name, signature, address, telephone number, credit card number, debit card number, or any other financial information.
3. Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
4. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
5. Geolocation data.
6. Audio, electronic, visual, thermal, olfactory, or similar information, such as voicemails, CCTV images, or social media profile pictures.
7. Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics (such as gender), and behavior; and
8. Sensitive personal information, such as precise geolocation data. 

We will not collect additional categories of personal information other than those categories listed above. If we intend to collect additional categories of personal information, we will provide you with a new notice at or before the time of collection.

Use of Personal Information 

We collect and process your personal information for our business and commercial purposes, which include the following:

• Providing you with information tailored to your requests, responding to inquiries, and delivering services and products;
• For marketing purposes, including sending you messages about us, our partners, and the products and services we offer, which may from time to time include contests, rewards, events, and special offers for products and services. These communications may be tailored based on the communications preferences you select when providing us with your information or your activity on the Services, such as an abandoned cart;
• Operating, maintaining, and improving the quality and security of the Services and such content, products and/or services as we may make available through the Services;
• Communicating with you by email and push notification, in each case with your consent if such consent is required in accordance with applicable laws or software platforms, about products, services, order status, and other topics;
• Compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies;
• Endeavoring to protect our and our partners’ rights, property, or health and safety, and the rights, property, and health and safety of our customers, users and other third parties; and
• For other purposes, as permitted or required by law.

We will not use the personal information we collected for material different, unrelated, or incompatible purposes without providing you with notice.

Sources of Personal Information 

We collect personal information from and about you from the following sources:

• From You - When you provide it to us directly;
• Operating Systems and Platforms - Automatically through logging and analytics tools, and as a result of your use of and access to the Services;
• Data Analytics Providers - That provide web analytics and usage information to us through the use of cookies, pixels, and tracking technologies, such as Google Analytics;
• From Service Providers - That we have engaged to provide services to us, including services related to shipping, returns, customer support, fraud mitigation, and email marketing;
• From Third Parties - From third-party sources, including payment processors (such as PayPal), fulfillment providers, and social networks (through your interactions with us on social media websites).

Sale or Sharing of Personal Information 

We do not “sell” or “share” your personal information as these terms are defined under the CCPA.  Within the last twelve (12) months, we have disclosed the following categories of personal information for a business purpose with the following categories of third parties:

 

• Category 1 (e.g., identifiers): Affiliates, Payment Processors (such as PayPal), Fulfillment Providers and Government Entities
• Category 2 (e.g., customer records): Affiliates, Payment Processors (such as PayPal), Fulfillment Providers and Government Entities
• Category 3 (e.g., commercial information): Affiliates, Fulfillment Providers and Government Entities
• Category 4 (e.g., internet activity): Affiliates, Fulfillment Providers and Government Entities
• Category 5 (e.g., geolocation): Affiliates and Fulfillment Providers
• Category 6 (e.g., audio, electronic): Affiliates and Government Entities
• Category 7 (e.g., inferences): Affiliates
• Category 8 (e.g., sensitive personal information): Affiliates and Fulfillment Providers

Retention of Personal Information 

We retain personal information for no longer than we deem necessary for the purposes for which it is processed as described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or health and safety, and the rights, property, and safety of our customers, users and other third parties.

Thereafter, as a general matter, your personal information will be archived and stored to be used and otherwise processed in the event of legal or regulatory requirements, statutes of limitations, disputes, or actions, and will be stored and, if applicable, used and otherwise processed until reasonably after the end of any such requirement, limitation, dispute, or action, including any potential periods of review or appeal. Subsequently, your personal information will be anonymized, deleted or archived as permitted by applicable law.

2) Your California Privacy Rights

California Civil Code Section 1798.83, known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge.

We do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

In addition, the CCPA provides California residents with the following rights:

1. Right to Know: You have the right to request that we disclose certain information to you about the personal information we collected, used, disclosed, shared and sold about you in the past 12 months. This includes a request to know any or all of the following:

• The categories of personal information collected about you;
• The categories of sources from which we collected your personal information;
• The categories of personal information that we have shared, sold or disclosed about you for a business purpose;
• The categories of third parties to whom your personal information was shared, sold or disclosed for a business purpose;
• Our business or commercial purpose for collecting, selling or sharing your personal information; and
• The specific pieces of personal information we have collected about you.

1. Data Portability: You have the right to request a copy of personal information we hold about you.
2. Right to Deletion: You have the right to request that we delete the personal information we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal information, we may deny your request or may retain certain elements of your personal information if it is necessary for us or our service providers to:

• Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
• To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
• Comply with a legal obligation.
• Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

1. Right to Opt-In to Financial Incentives: You have the right to opt-in to financial incentives. You also have the right to opt-out at any time. Please see the “Notice of Financial Incentive(s)” section below for more information about our loyalty and/or financial incentive that we may offer.
2. Right to Opt-Out/In: You have the right to opt-out of the sale or sharing of your personal information. You also have the right to opt-in to the sale of personal information. However, we do not sell or share your personal information. We do not and will not knowingly sell and share the personal information of minors under the age of 16 without affirmative authorization. 
3. Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

1. Right to Correct:  You have the right to correct inaccurate Personal Information about you. Once we receive and verify your request, we will use commercially reasonable efforts to correct the inaccurate Personal Information about you.

 

1. Right to Restrict or Limit the Use of Sensitive Personal Information: You have the right to restrict the use and disclosure of sensitive personal information to certain purposes related to the offering of goods or services as listed in the CCPA.  

 

Some of our Services, however, may require your personal information. If you choose not to provide your personal information that is necessary to provide any aspect of our Services, you may not be able to use those Services. In addition, as described in the section captioned “Your Choices” in the Privacy Statement, it is possible to change your browser settings to block the automatic collection of certain information.

3) Submitting a Verified Consumer Request

To exercise your Right to Know, Data Portability, and Right to Delete, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.

To exercise your California privacy rights described above, please submit a verifiable request to us by: 

• Visiting our Data Request Form
• Calling us at 1-844-730-1450
• Visiting us in-person at our California retail location

Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Given the sensitivity of your personal information that we collect and retain, we will need to verify your identity with at least 2 pieces of information, such as Name, Address or Customer Email.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

Consumer Request by an Authorized Agent

If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require a verifiable request be submitted using our Data Request Form, along with the below items: 

• To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) California Secretary of State authorization, (2) written permission from the California resident, or (3) power of attorney.
• To verify your identity, provide evidence of your identity.
• To verify the identity of the California resident for whom the request is being made, provide the information set forth above for the verification of the consumer request. 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require to create an account with us. However, if you do have an existing login, we will require you to log in to submit a request. We will only use personal information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily usable format that allows you to transmit the information to another entity without hindrance. 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Do Not Track

We use analytics systems and providers and participate in ad networks that process personal information about your online activities over time and across third party websites or online services. We do not currently process or comply with any web browser’s “do not track” signal or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personal information about your online activities over time and across third party websites. 

Note, however, that you may find information about how to opt out of Google Analytics and/or block or reject certain tracking technologies in our Cookie Policy.

4) Notice of Financial Incentives 

From time to time, we may offer a financial incentive and/or price or service difference to our customers

related to the collection of personal information. This Notice of Financial Incentive(s) explains the financial incentives or price or service differences that we may offer, so that you can make an informed decision on whether you would like to participate.

 

Customers who sign up for our emails may receive a coupon code on their next purchase. You can opt-in

to receive this code by providing your email address and/or phone number. You have the right to

withdraw your consent to participate at any time and can do so by clicking on the “Unsubscribe” link at

the bottom of our marketing communications.

 

Generally, we do not assign monetary or other value to personal information. However, in the event we

are required by law to assign such value in the context of financial incentives or price or service differences that we offer, we have valued the Personal Information collected and used as being equal to the value of the discount code or financial incentive offered, and the calculation of the value is based upon a reasonable and good-faith estimate often involving the consideration of (i) the categories of 

 

Personal information collected (e.g., email addresses and phone numbers), (ii) the value of the discount offered, and (iii) the value of the total purchase (excluding taxes and fees). The disclosure of the value described herein is not intended to waive, nor should be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.

 

5) Modifications and Updates to this California Statement

We reserve the right, at any time, to modify, alter, and/or update this California Statement, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Statement. Your continued use of the Services following our posting of any revised California Statement will constitute your acknowledgement of the amended California Statement.

6) Additional Information and Assistance

If you have any questions or complaints about this California Statement and/or how we process personal information, or would like to exercise any of the rights set forth above, please contact us at: 

Attn: Director of Web Operations

KITH

25 Kent Avenue

Brooklyn, NY 11249

[email protected]  

For more information about how users with disabilities can access this California Statement in an alternative format, please contact us at [email protected].