PRIVACY POLICY 

Last Updated February 12, 2020 

We at Kay & Kay Group, LLC are committed to respecting and protecting your privacy. This Privacy Policy is designed to explain how we collect, use, share, process and protect the generic and personal information you provide us including all information collected by mail, sign-up/sign-in page, email list, onsite data collection, when you purchase goods or services and/or programs we offer (collectively, the “Services”), access mobile application, engage with is on social media, and access our website located at www.aquaheadwear.com. 
Kay & Kay Group, LLC will treat any offline collection, uses, and disclosures of your personal information consistently with our online privacy practices set forth in this Privacy Policy. This Privacy Policy is not applicable to any website, mobile application, social media site, or other material collected and/or owned by any entity other than Kay & Kay Group, LLC.

We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.

Your use of the Services is also governed by Kay & Kay Group’s Terms of Service. 


SECTION 1 – WHAT TYPES OF INFORMATION DO WE COLLECT? 

We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:

Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.

Derivative Data: Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.

Financial Data: Financial data is data that is related to your payment method, such as credit card or bank transfer details. Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 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).

Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linked-in, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.

Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and 
location information.

Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway. 

SECTION 2 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app). We use this information, whether collected by us or third party service providers, to: 
Create and administer your account; and

Deliver any products or services purchased by you to you; and

Correspond with you; and

Respond to your requests; and

Process payments or refunds; and

Contact you about new offerings that we think you will be interested in; and

Interact with you via social media; and

Send you a newsletter or other updates about our company or website; and

Make sure you receive the products you ordered, communicate with you about your order, respond to your requests, personalize your experience with our Services, when you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system; and

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates; and

Deliver targeted advertising; and

Personalize your experience with our Services; and

Request feedback from you; and

Notify you of updates to our product and service offerings; and

Resolve disputes and troubleshoot any problems; and

Administer contests or giveaways; and

Make enhancements to our products or services; and

Help to protect your and our safety and integrity; and

Generate a profile that is personalized to you, so that future interactions with our website will be more personal; and

Compile anonymous statistical data for our own use or for a third party’s use; and

Assist law enforcement as necessary; and

Prevent fraudulent activity on our website or mobile app; and

Analyze trends to improve our website and offerings.

SECTION 3 - CONSENT

How do you get my consent? 

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent? 
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you and choose to prevent us from disclosing or using your personal information under certain circumstances (“opt out”). 
You may opt out of any disclosure or use of your personal information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this section or by following the procedures set forth in an electronic communication from us, if applicable. 
Furthermore, even where your personal information is to be disclosed and used in accordance with the stated purposes in this Privacy Policy, you may elect to opt out of such disclosure and use by a third-party that is not acting as our agent. There are some uses from which you cannot opt out, such as using your personal information to fulfill orders for the products that you have requested from us. 
You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at info@kayandkaygroup.com or by mail at:

Kay & Kay Group, LLC 
144 N Narberth Ave, #871 
Narberth, PA 19072 
Please note that making such requests does not ensure complete or comprehensive removal of your content.

SECTION 4 - DISCLOSURE

We may share your information with third parties in certain situations. In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests. 

We might disclose personal information and/or Usage Information when required by law, if you violate our Terms of Service, or in the good-faith belief that such disclosure is necessary for:

Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. We may not always disclose these third party processors if not required by law.

By Law: We may share your data as required by law or to respond to legal inquiries, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

We may also employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer services, and marketing assistance. These other companies will have access to your data only as necessary to perform their functions and to the extent permitted by law.

We will not sell your information to third parties. We will not share your information with third-parties who want to send you advertisements or marketing promotions.

Advertisers: We may use third party advertising companies to run and manage our ads to produce ads that appears when you visit our Website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform you if required by law.

Sale or Bankruptcy: In the event that our company is sold, goes out of business or enters bankruptcy, your information may be an asset that is transferred to a third party successor. Such a successor is not bound by our Privacy Policy and may have its own. You will be notified in the event our Company is sold, goes out of business or enters bankruptcy.

Interaction with others: If you interact with others on our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.

Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.

External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties and are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.

Other purposes: We may disclose your personal data, as necessary, to enforce this Privacy Policy, comply with any legal obligation or to protect your interests, or the vital interests of others or our company, assist government enforcement agencies, protect our rights and property, or rights property, or personal safety of our visitors and the public, take precautions against liability and respond to any claim that any information provided by you violates the rights of a third party, investigate potential unauthorized access or misuse of the Services, and otherwise enforce or apply our Terms of Service and other agreements. 

SECTION 5 - THIRD-PARTY 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 payment transaction processors, 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 information 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. So 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. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit through the Internet to be secure, or free from delay, interruption, interception or error. 
By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.

We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.

SECTION 7 - COOKIES 
We also use cookies - small text files sent to us by your computer to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalization, for security, for targeted advertising, or for analysis of the performance of our website and services. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our website.

Most browsers are set to accept cookies by default. In addition, when you first encounter our website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.

In addition, we may use third-party software to post advertisements on our website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. This third party software may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

Google Cookies & Analytics

AQUA Waterproof Headwear utilizes Google Analytics Advertising features, specifically with our Google Shopping, Google Merchant and Google Ads accounts.  Google Analytics Advertising Features allow us the ability to enable features in Analytics that aren't available through standard implementations. Advertising features used include:

• Remarketing with Google Analytics
• Google Display Network Impression Reporting
• Google Analytics Demographics and Interest Reporting
• Integrated services that require Google Analytics to collect data for advertising purposes, including the collection of data via advertising cookies and identifiers

By enabling the Advertising Features, we enable Google Analytics to collect data about our traffic via Google advertising cookies and identifiers, in addition to data collected through a standard Google Analytics implementation. Regardless of how AQUA Waterproof Headwear sends data to Google Analytics (for example, via the Google Analytics tracking code, Google Analytics SDK, or the Measurement Protocol), we adhere to this policy.

AQUA Waterproof Hewadwear will not identify users or facilitate the merging of personally identifiable information with non-personally identifiable information collected through any Google advertising product or feature unless you have robust notice of, and the user's prior affirmative (i.e., opt-in) consent to, that identification or merger, and are using a Google Analytics feature that expressly supports such identification or merger. Irrespective of users’ consent, and will not attempt to disaggregate data that Google reports in aggregate.

Learn more about PII in Google's contracts and policies.

To view Google's cookies policies please visit: https://policies.google.com/technologies/types.

To OPT OUT please visit Google Analytics' currently available opt-outs for the web.

SECTION 8 - DATA RETENTION 

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. We will retain any personal information that we collect for as long as we need that information to provide you with our products and services. We will also retain and use your personal information as necessary to comply with our legal obligations, comply with our internal business practices and standards, resolve disputes, and enforce our agreements. Personal information is destroyed when it is no longer necessary for these purposes. Our business partners and third-party service providers may have their own data retention policies, and you should review their policies and practices to make sure you understand how long they retain your information.

Google's Interest-Based Advertising

We have enabled Google's interest-based advertising on our site, including Remarketing, with Google Analytics in connection with other Google services, for this reason we follow all policies applicable to those Google services (like the Google Ads Policy for Personalized advertising and its sensitive category restrictions, and the Platform Program Policies).

We use Google Analytics to collect information about our visitors, as described in the Google Ads sensitive category restrictions, we WILL NOT use Google Analytics to collect data for the purpose of interest based advertising.

SECTION 9 - AGE OF CONSENT 

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Parents and legal guardians should be aware that this Privacy Policy will govern our use of personal information, but also that information that is voluntarily given by children (or others) in email exchanges, bulletin boards, or the like, may be used by other parties to generate unsolicited communications. We encourage all parents and legal guardians to instruct their children in the safe and responsible use of their personal information while using the Internet.

SECTION 10 - INTERNATIONAL USERS 
The Services and our products are owned and operated in the United States; your use of our products and services are governed by United States law. If you are using the Services or our products from outside the United States, please be aware that your personal information and/or Usage Information may be transferred to, stored, and processed in the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services or purchasing our products, you consent to your personal information and usage information being transferred to our facilities and to the facilities of those third-parties with whom we share it as described in this Privacy Policy.

We will only process your personal information when we have a legal basis to do so. When we do process your personal information, we will do so with your consent as set forth in this Privacy Policy, or because the processing is necessary for the performance of services or to provide products to you, to comply with our legal obligations, to pursue our legitimate interests, or to establish or defend a legal claim.

We use Google Analytics Advertising Features that allow us the ability to enable features in Analytics that aren't available through standard implementations. Advertising features used include:

• Remarketing with Google Analytics
• Google Display Network Impression Reporting
• Google Analytics Demographics and Interest Reporting
• Integrated services that require Google Analytics to collect data for advertising purposes, including the collection of data via advertising cookies and identifiers

When using Google Analytics Advertising Features, we fully comply with the European Union User Consent Policy.

SECTION 11- YOUR RIGHTS

You have certain rights with respect to your personal data, as outlined below. To exercise any of the rights outlined below, please contact us at info@kayandkaygroup.com.

Update Account Information: You have the right to update, change or delete any information you have provided to us.

Emails and Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at info@kayandkaygroup.com.

Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at info@kayandkaygroup.com.

Complaints: You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States

SECTION 12 - CALIFORNIA PRIVACY RIGHTS

The State of California has established its own unique regulations that apply to California residents. Under California’s “Shine the Light” law, if you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers (if any), and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below. 

By Mail:

Kay & Kay Group, LLC 

ATTN: Request for California Privacy Information 

P.O. BOX #66

Spencerville, MD 20868

By e-mail: info@kayandkaygroup.com 
Subject Line: “Request for California Privacy Information” 
Please note that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response. 
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

SECTION 13 - CHANGES TO THIS PRIVACY POLICY

Kay & Kay Group, LLC reserves the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION 

If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information, contact us at info@kayandkaygroup.com or by mail at:

Kay & Kay Group, LLC 
PO BOX 66 
Spencerville, MD 20868