Effective Date: February 01, 2019

 

At KNN Enterprises LLC d/b/a Wellness by Kelley (together with its affiliates, “WBK” or “our” or “we” or “us”), we are committed to protecting your privacy. This privacy policy (this “Privacy Policy”) describes the personal information we collect about you, why we collect it, how we use and protect it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use your information. This Privacy Policy covers any personal information we obtain whether through a website that WBK owns or controls (today or in the future), including https://www.wellnessbykelley.com (collectively, our “Site”).

 

This Privacy Policy also governs the use of Personal Data we obtain from you from any third party site or application where we post content or invite your feedback or participation, including, but not limited to, Twitter, Facebook, Instagram, LinkedIn, and Pinterest (“Social Media Platforms”). This policy does not apply to other websites which are linked to our Site. Please also be aware that our promotional partners, advertisers, and sponsors accessible through our Site are websites owned or controlled by independent third parties. We are not responsible for any actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing personal information to them.

 

What Information We Collect

 

Personal Data. When you register for an account, access our Site, place an order, or interact with our channels on any Social Media Platform, we may collect information that is personal to you (“Personal Data”), including your:

 

•   Name;
•   Birthday;
•   Shipping address;
•   Email address; and
•   Telephone number.

 

Anonymous Data. We may also share aggregated Anonymous Data. When we use the term “Anonymous Data”, we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.

 

We may create Anonymous Data from the Personal Data we receive about you and other individuals whose Personal Data we collect. Anonymous Data might include analytics information and information collected by us using cookies. We convert Personal Data into Anonymous Data by excluding information (such as your name) that makes the data personally identifiable to you.

 

How We Collect Information

 

We may collect Personal Data and Anonymous Data in multiple ways when you interact with our Site and our channels on any Social Media Platform, including when you:

 

•   Request information;
•   Consent to be added to the WBK mailing list;
•   Participate in WBK promotions;
•   Purchase a product through our Site; and
•   Participate in surveys, promotional offers, contests, or sweepstakes.

 

We also collect some information automatically when you visit or interact with our Site or our channels on any Social Media Platform. For example, when you visit our Site, your computer’s operating system, Internet Protocol address, access times, browser type and language, and the website you visited before our Site are logged automatically. We also collect information about your usage and activity on our Site.

 

Cookies and Web Beacons

 

Cookies. We may automatically collect information using “cookies”. Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Site and your experience. We use cookies to see which areas and features are popular and to count visits to our Site.

 

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Site; and (2) third party cookies, which are served by our advertising partners and service providers, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

 

Web Beacons. We may collect information using Web beacons. Web beacons are electronic images that may be used on our Site or in our emails. We use Web beacons to deliver cookies, count visits, understand usage, and to tell if an email has been opened and acted upon.

 

Google Analytics. This Site uses Google Analytics, a web analytics service provided by Google, Inc., and in the future may use other similar sites or services (such sites or services, including Google Analytics, “Google”), to better assist WBK in understanding how our Site is used. Google will place cookies on your computer that will generate information that we select about your use of our Site, including your computer’s IP address. The information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of our Site, compiling reports on Site activity for WBK’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties when required to do so by law, or when such third parties process the information on Google’s behalf. The use of cookies by Google is covered by Google’s privacy policy. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.

 

How We Use the Information We Collect

 

We use your Personal Data for the purposes described in this Privacy Policy, including to:

 

•   Communicate with you about special events, contests, programs, offers, surveys, and market research;
•   Respond to your requests or inquiries;
•   Send you promotional materials and other communications;
•   Operate, evaluate, and improve our business;
•   Personalize your experience;
•   Protect against, identify, and prevent fraud and other unlawful activity, claims, and other liabilities; and
•   Comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations, and our policies.

 

How We Share Information

 

We do not share your Personal Data with third parties other than as follows:

 

•   Service Providers and Contractors. We may share your information with third parties that provide us with services and facilitate your orders. These third parties include companies that process credit cards on behalf of WBK, assist us with sending communications and other marketing and support functions, and keeping your information secure.
•   Corporate Restructuring. We may share your information in connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another.
•   Other Disclosures. We may share your information: (1) to comply with laws or to respond to lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (2) to protect the rights and property of WBK’s agents, customers, members, and others, including to enforce our agreements, policies, and terms of use; or (3) in an emergency to protect the personal safety of WBK, its customers, or any person.

 

The aforementioned third parties are not authorized by WBK to disclose your information for any other purposes. WBK may disclose Personal Data if required by law or legal process.

 

Opt-Out and Disabling Promotional Emails and Cookies

 

You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your contact preferences and changes to your information, including requests to opt-out of sharing your Personal Data with third parties by emailing [email protected].

 

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.

 

Third Party Sites and Services

 

In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us.

 

However, certain third-party service providers, such as payment gateways and other service providers, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

 

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Data will be handled by these providers.

 

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

 

Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Site’s Terms and Conditions.

 

Social Media Platforms

 

We work with third parties, including social network sites like Twitter, Facebook, YouTube, and Instagram, and with application developers who specialize in social commerce, so we can connect to your social networks. All of these companies operate Social Media Platforms. We provide access to our Site by third parties and business partners so we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network.

 

The use of any features made available to you on our Site by a third party may result in information being collected or shared about you by us or by the third party. Information collected or shared through any such third party features is considered public information by us because the Social Media Platforms made it publicly available. If you do not want us to be able to access information about you from Social Media Platforms, you must instruct Social Media Platforms not to share the information. WBK is not responsible for how these third parties may use information collected from or about you so be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Social Media Platform to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information. However, we do identify any areas on our Site where third parties share information about you.

 

We use features on Social Media Platforms that allow you to express positive opinions about our brand and products. Those Social Media Platforms may collect or register your views about our products (including whether you purchased a product) and make those views available to WBK and on public portions of the Social Media Platforms. If you do not wish any of this to happen, you should not express your views about our products on Social Media Platforms, you should not buy our products through Social Media Platforms, and you should review your privacy settings on such Social Media Platforms. We are not obligated to display your name or other identifying information, account name, profile photo or other information or content on our Site even if you express an opinion about one of our products or have consented to our use of such information or content. We reserve the right to remove the information of any person for any reason. We may also remove from our Site, in our sole discretion, any product offering or any photo or product description relating thereto. If you would like us to delete the data we have collected about you that we have received through any social media provider or Social Media Platform, please contact us. However, if your information is deleted, you may not have access to certain promotions, product information, or opportunities as a result.

 

Online Store Transactions

 

Our store is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

 

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

 

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover.

 

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

 

Information Security

 

We take reasonable organizational, technical, and administrative steps to help protect Personal Data against loss, misuse, unauthorized access, or disclosure. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. We also cannot protect financial or Personal Data that is not under our control.

 

Children’s Information

 

Our Site and channels on any Social Media Platforms are not directed to children under the age of 13. If you believe a child has provided us with information, contact us at [email protected].

 

Consent for Mailing

 

If you live in the United States and sign up for emails on our Site, we may also request permission to send you periodic mailings to provide you with news or other information on events, products, discounts, special promotions, or other offers from or on behalf of WBK.

 

If at any time you wish to stop receiving communications from us, please send us an email at [email protected] with the phrase “Privacy Opt-out: WBK Mailings” in the subject line, or write to us at the address provided below, and we will remove you from our mailing list. Alternatively, for email communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most promotional email messages from WBK.

 

Your Rights and Choices

 

We offer you certain choices in connection with the Personal Data we obtain about you on our Site. To update your preferences, ask us to remove your Personal Data from our mailing lists or submit any other request, please contact us at the email or physical address provided in this Privacy Policy.

 

International Users

 

At this time, our Site is based in and primarily intended for residents of the United States. If you are not a resident of the United States, you may contact us at info@wellnessbykelley.com if you have any questions or requests regarding your Personal Data.

 

California Privacy Rights

 

If you are a California resident, you have the right to request information from us regarding the manner in which WBK shares certain categories of Personal Data with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:

 

•   The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; and

 

•   The names and addresses of the third parties that received the information, and if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

 

This information may be provided in a standardized format that is not specific to you. The designated email address for these requests is: info@wellnessbykelley.com.

 

Also, please note that we have not yet developed a response to browser “Do Not Track” signals and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.

 

User Consent

 

You acknowledge that this Privacy Policy is part of the Terms of Use for your use of our Site and you agree that using our Site signifies your assent to WBK’s Privacy Policy. You hereby consent to WBK’s collection, use, and sharing of your information as described in this Privacy Policy.

 

Changes to This Privacy Policy

 

If we decide to change this Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Changes will take effect immediately upon their posting.  As we may make changes from time to time, we suggest that you periodically consult this Privacy Policy. Your continued use of our Site after the effective date of any modification to the Privacy Policy will be deemed to be your agreement to the changed terms.

 

Contact Us

 

If you have any questions about your privacy or security on our Site, please contact us by email at info@wellnessbykelley.com (and include your name and address in the message), via the contact us page, or by calling customer service at 702-221-4700. You can also reach us at:

 

Wellness by Kelley

Attn: Privacy

10801 W. Charleston Blvd., Suite 600

Las Vegas, Nevada 89135