Last Updated: September 23, 2024

Welcome! You have arrived at an online service location (e.g., website, mobile app or other online service location) that is owned and/or operated by KIK Custom Products Inc. and/or one or more of its Affiliates (as defined below) (collectively, “KIK” or “we,” “our” or “us”). This privacy policy (“Privacy Policy”) governs how KIK collects, uses, transfers, stores, discloses, or otherwise processes your Personal Information (as defined below) in the following circumstances: (1) when you use any online service location (e.g., web site, mobile app or other online service location) that posts a link to this Privacy Policy (each a “Site”), (2) when you use any interactive features, widgets, plug-ins, applications, content, downloads and/or other services that: (i) we own and control and make available through a Site or (ii) that posts a link to this Privacy Policy (collectively, with each Site, the “Service”), regardless of how you access or use the Service, whether via computer, mobile device or otherwise, (3) when a third party dealer ("Dealer") transfers Personal Information they collect from you to KIK for processing purposes, and (4) any Personal Information we may collect when you interact with us as a customer or potential customer. To the extent we provide you notice of updated or additional privacy policies or practices relating to the Service, those updated or additional terms will govern our handling of your Personal Information.

It is important that you read and understand this entire Privacy Policy before using the Service. In addition, please review the Service's Terms Of Use which govern your use of the Site or Service. To the fullest extent permitted by applicable law, by using our Service, you consent to our Privacy Policy and Terms of Use, and to our collection, use, transfer, storage, disclosure, and otherwise processing of your Personal Information, as set out in both documents.

If you are under the age of legal majority in your jurisdiction, you are not permitted to use the Service or any Site unless your parent or legal guardian has expressly provided their consent to KIK. Moreover, KIK does not aim to collect Personal Information from individuals under the age of 14 without express consent from their parent or legal guardian. If you are under the age of 14, please do not disclose any Personal Information to KIK, whether on our Site, through our Service, or by any other means, without first obtaining express consent from your parent or legal guardian. If you have any questions about this Privacy Policy, please do not hesitate to contact KIK's Privacy Officer using the following address: PrivacyOfficer@KIKcorp.com.

Table of Contents

1. What information does the Service collect?
2. How do we use the information collected?
3. How and when do we disclose information to third parties?
4. Do third-party content, links to third-party site(s) and/or third-party applications appear on the Service?
5. Ads and information about you
6. How do I change my information and communications preferences?
7. What about the location of information?
8. What about security?
9. What should parents know about children?
10. Regional Privacy Notice Addenda
11. What about changes to the privacy policy?

1. What information does the Service collect?

  • Information you provide to us

On any Site or Service, we may ask you to provide us with certain categories of information such as: (i) personally identifiable information, which is information or a combination of information that allows a natural person to be personally identified (“Personal Information”), such as your first and last name, e-mail address, home address, telephone number and any personally identifiable information you may disclose in correspondences with us. We may also collect demographic information about you (e.g., the region in which you are located) and product information, such as information about the products you purchase or request from us (“Demographic and Product Information”). We may collect this information through various forms and in various places on the Site or through any Service, including through account registration forms, "contact us" and customer service forms, or when you otherwise interact with the Service or voluntarily disclose Personal Information. To the extent we combine Demographic and Product Information with Personal Information we collect from you on the Site or Service, we will treat the combined data as Personal Information under this Privacy Policy.

  • Information we collect or store when you access or use the Service

In addition to any Personal Information or other information that you choose to submit to us via our Site or Service, we and our third-party business partners may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site or Service.

This Usage Information may include, among other information:

  • your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
  • your Device functionality (including browser, operating system, hardware, mobile network information, etc.);
  • the URL that referred you to our Service;
  • the areas within our Service that you visit and your activities there, including remembering you and your preferences;
  • your Device location;
  • your Device characteristics; and
  • certain other Device data, including the time of day that you access or use the Site or Service.

We may use various methods and technologies to collect, process, or store Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies that we may use include, without limitation, the following, as well as any subsequently developed technologies or methods:

Cookies. A cookie is a datafile placed on a Device when it is used to visit our Site or Service and may be used to collect information about your interactions with the Service, such as the links you click on, the pages you visit, your browser type, your IP address, the date and time of your visit your phone number when calls are placed through the Service, and other information in form and email submissions.  A Flash cookie (or locally shared object) is a datafile placed on a Device via the Adobe Flash plug-in that may be built in, or downloaded by you, to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies go to Adobe's website www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Service may not function properly, and that when you revisit our Service your ability to limit cookies is subject to your browser settings and limitations.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our Service's pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on, the pages you visit, your browser type, your IP address, the date and time of your visit, your phone number when calls are placed through the Service, and other information in form and email submissions. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.

Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).

We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Service, including cookies required to prevent fraudulent activity, improve security or allow you to make use of Service functionality.

Performance Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Service, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Service.

Functionality Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Service, including identifying you when you sign in to our Site or Service or keeping track of our specified preferences, including in terms of the presentation of content on our Site or Service.

Targeting Related. We may use Tracking Technologies to deliver content, including ads, relevant to your interests on our Service and third party sites based on how you interact with our advertisements or content. This includes using Tracking Technologies to understand the usefulness to you of the advertisements or content that have been delivered to you. Further information on this, and your opt-out choices, is found in Section 5​ below.

We may use other Tracking Technologies in connection with the Service. Further, third parties may use Tracking Technologies in connection with our Service, which may include the collection of information, including Personal Information, about your online activities over time and across third-party websites or online services. We may not control use of Tracking Technologies by third parties. If you reside in certain regions, you may have the right to opt out of such collection; please see Section 10 further below for more information. Otherwise, by using our Site or Service, you acknowledge and consent that you may potentially encounter third party Tracking Technologies, and accept that KIK is not responsible for how third parties use Tracking Technologies on our Site or Service to collect Personal Information for their own purposes.

(c) Information third parties provide about you

We may receive information, including Personal Information, about you from third parties, including from your friends, our Dealers, or others that use the Site or Service and who transfer Personal Information about you to us, such as when they use our Service to send you a link or an invitation. When we receive Personal Information from a Dealer or another business entity, we act as a processor with respect to any Personal Information transferred to us, which means that we generally use the Personal Information in a manner that is consistent with purposes for which it was collected by the third party and generally subject to their control. We may, from time to time, supplement the information we collect directly from you on our Service with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities that may be of interest to you. When you disclose your Personal Information to a third party, you should carefully review the third party's privacy policy or privacy notice.

(d) Information you provide about a third party

You may send someone else a communication from the Service, such as sending a link or invitation to your friend. If so, the Personal Information you disclose to us, such as the name, e-mail address, or mobile number of a third party, such as the friend, is used to facilitate the communication and is not used by us for any other marketing purpose, unless we obtain consent from that person. Please be aware that when you use any send-to-a-friend functionality on our Service, your e-mail address, mobile number, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.

2. How do we use the information we collect?

We may use your Personal Information, Demographic and Product Information, or Usage Information that is subject to this Privacy Policy for various purposes, including:

  • to process transactions or provide you with information or services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers, information, marketing and/or promotional materials on behalf of us or third parties (such as Dealers or retailers), in compliance with applicable law;
  • to enable you to participate in a variety of the Service's features such as to enable you to participate in online entry sweepstakes, contests or other promotions;
  • to process your registration with the Service, including verifying your information is active and valid;
  • to improve the Service or our services, to customize your experience on the Service, or to serve you specific content or ads that are relevant to you;
  • to respond to your requests for information such as to provide customer support;
  • to contact you with regard to your use of the Service, such as to request that you participate in a survey, and, in our discretion, changes to the Service and/or Service's policies;
  • to notify you of product recalls or providing other information concerning products you have purchased;
  • to identify your product and Service preferences so that you can be informed of new or additional products, services and promotions;
  • to facilitate your engagement of a Dealer, such as a BioGuard Dealer;
  • to mitigate cyber security risks and vulnerabilities in our IT networks;
  • to comply with our obligations under applicable law;
  • for internal business purposes; and
  • for purposes disclosed in our Terms of Use or otherwise at the time you provide your information or as otherwise set forth in this Privacy Policy.

If we take steps to enter into a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other such corporate change, we may also use your personal information to give effect to that business transaction. We will only do so in compliance with applicable law.

Please note that information submitted to the Service via a "contact us" or similar customer service inquiry function may not receive a response, and subject to applicable law, we may use that information for marketing purposes.

3. How and when do we disclose information to third parties?

We may disclose non-personally identifying information, such as aggregated user statistics, to third parties. We may disclose your Device Identifiers to third parties, along with data related to you and your activities. We may also disclose your Personal Information to our retailers and others that we think you would be interested in hearing from so that they can send you information, provided, however, that we first obtain your consent to do so. In addition, we may disclose the information we have collected about you, including Personal Information, in the manner described below or as otherwise described in this Privacy Policy. KIK may disclose your information as follows:

(a) When you request information from or provide information to third parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it, including to a Dealer, such as a BioGuard Dealer. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools, apps or ads on our Service or link to them from our Service. This may include using third-party tools such as Facebook, Twitter, Instagram or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. It may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller. You should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.

(b) Third parties providing services on our behalf. We may use third-party vendors to perform certain services on behalf of us or the Service, such as hosting the Service, designing and/or operating the Service's features, tracking the Service's activities and analytics, and enabling us to send you special offers to perform other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-Party analytics and other service providers may set and access their own Tacking Technologies on your Device and they may otherwise collect or have access to information about you. These service providers use the technology described above to help us analyze how users use the Service. To the fullest extent permitted by applicable law, we are not responsible for the effectiveness of or compliance with any third parties' opt-out options.

(c) To protect the rights of KIK and others. As permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of KIK or third parties (including through the enforcement of this Policy, our Terms of Use, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make such disclosures, and whether we contest requests for such disclosures, all without notice to you.

(d) Affiliates and business transfer. We may disclose your information, including your Device Identifiers and Personal Information, Demographic and Product Information, and Usage Information to our direct and indirect parents, subsidiaries and affiliates (“Affiliates”). We may also disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other such corporate change, including, during the course of any due diligence process; and/or (iii) with our licensors in compliance with agreements.

(e) Co-Branded Areas. From time to time, certain areas of the Service may be provided to you in association with third parties (“Co-Branded Areas”) such as our Dealers, retailers, licensors and/or others, and in connection with that there may be the ability to disclose Personal Information to them. Such Co-Branded Areas will identify the third party and indicate they may have a privacy policy that applies to their collection and use of your Personal Information. If you elect to register for products and/or services, communicate with such third parties and/or download their content or applications, at Co-Branded Areas, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Service, your Personal Information may be disclosed to the identified third parties for that Co-Branded Area.

(f) Sweepstakes, Contests and Promotions.  From time to time, we may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.

4. Do third-party content, links to third-party site(s), and/or third-party applications appear on the Service?

The Service may contain links to content that is supplied by a third party, such as our Dealers and retailers. Those third parties may collect Usage Information and your Device Identifier when pages from the Service are served to you. In addition, when you are on the Service you may be directed to other services that are operated and controlled by third parties that we do not control, such as our Dealers or retailers. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the Service on to a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies.

5. Ads and information about you

The Service may use third parties such as network advertisers and ad exchanges to serve advertisements on and off of the Service and may use third-party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Service and viewing of ads and of our content. Network advertisers are third parties that display advertisements based on your visits and activities across the Internet and mobile media (“Behavioral Ads”). In addition, we may serve ads on our Service based on your Usage Information from your activities on our Service (“Contextual Ads”). Behavioral Ads and Contextual Ads enable us to target advertisements to you for products and services in which you might be interested. If you object to Contextual Ads, do not use our Service. If you object to Behavioral Ads from us on third-party sites, you can learn more about your ability to limit Behavioral Ads below.

Our third-party ad network and exchange providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies (including Flash cookies), web beacons and other Tracking Technologies on your Device and track certain behavioral Usage Information regarding users of your Device via a Device Identifier. These third-party Tracking Technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. If you reside in certain regions, you may have the right to opt out of the disclosures of personal information that enable Behavioral Ads; please see Section 10 below for more information. Otherwise, to the fullest extent permitted by applicable law, you acknowledge and agree that such associated technology may access and use your Device and may set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities. We and our business partners, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as a DoubleClick cookie) together to report how our internet advertising methods are related to your related to visits to the Service (if you are a California resident, please see Section 10 below for more information).

Third-party Tracking Technologies are not controlled by us, even if they are used to serve our ads or interact with our Service. Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. The relevant third party's terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, use, storage and disclosure practices. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.

Further, while we and third party sites or other online services that display our ads may use a variety of companies to serve advertisements, you may wish to visit NAI Consumer Opt Out, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members. There you may find information about your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI's website accessible by the above link. You may also opt-out of receiving third-party behavioral ads on this Service by visiting the Digital Advertising Alliance (“DAA”), and you can learn more about it and the opt-out choices it offers at DAA’s Consumer Choice Tool. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of, or compliance with, any third-parties' opt-out options or programs.

6. How do I change my information and communications preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. If required by applicable law, you may review, correct or update Personal Information you have provided to us by contacting us at PrivacyOfficer@kikcorp.com. If you live in certain regions, you may have additional rights pertaining to your Personal Information; please see Section 10 further below for more information. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. With respect to our mobile and other applications (i.e., when we are the application publisher), you can prospectively stop all collection of information by the application by uninstalling the application. You may use the standard uninstall process as may be available as part of your applicable Device or potentially via the appropriate application or app marketplace. Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Service, information that you remove may persist internally for KIK's administrative purposes. You may cancel or modify our electronic marketing communications you receive from us by following the instructions contained within our promotional communications or by reaching us at PrivacyOfficer@kikcorp.com. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of communications the opt-out will be so limited. Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.  If you have any questions about the Privacy Policy or practices described in it, you should contact us by e-mail at: PrivacyOfficer@kikcorp.com.

7. What About the Location of Information?

Our Service is operated and intended for users located in the United States and Canada. Please be aware that information we collect, including Personal Information, may be transferred to, and processed, stored and used by KIK or its service providers outside of the jurisdiction in which we collected your Personal Information, including in the United States and/or Canada. Some local governments, government agencies and law enforcement authorities may be able to access that Personal Information without notice to you. By using the Service or providing us with any Personal Information, you consent to the transfer to, processing, usage, disclosure and storage of your Personal Information in the United States and/or in Canada, as described in this Privacy Policy.

8. What About Security?

We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information, including physical, technical, and organizational safeguards. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Accordingly, despite our efforts to safeguard your information, we cannot guarantee the security of any information you transmit to us.

9. What Should Parents Know About Children?

We understand the importance of protecting children's privacy in the interactive world. We are a general audience service and do not use the Service to knowingly collect personal information from children under the age of fourteen (14) that requires notice and consent from a child's parent or legal guardian. If you are a child under fourteen (14) years of age, you are not permitted to use the Service and should not disclose any information about yourself to us through the Service.

In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of fourteen (14) has provided us with personal information without parental or guardian consent, please contact us at PrivacyOfficer@kikcorp.com.

10. Regional Privacy Notice Addenda

U.S. State-Specific Privacy Notice Addendum (California, Colorado, Connecticut, Florida, Oregon, Texas, Utah, Virginia)

Our U.S. State-Specific Privacy Notice Addendum, which applies to “Consumers” as defined under various U.S. state privacy laws, is available HERE. The U.S. State-Specific Privacy Notice Addendum is a supplement to this Privacy Policy.

Quebec Privacy Notice Addendum

Our Quebec Privacy Notice Addendum, which applies to residents of Quebec, Canada, is available HERE.  The Quebec Privacy Notice is a supplement to this Privacy Policy.

11. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time. We will take any steps required by law to notify you of changes or obtain your consent before implementing such changes. Any changes will be effective immediately upon the posting of the updated Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.