Privacy Policy

Privacy Policy

Updated: April 20th, 2022

At The Kinda Company, LLC (“TKC”), your privacy is important to us. In this Privacy Policy, we tell you what information we collect, share with others, and how we use it.

Scope of this Privacy Policy

TKC (“we,” “our,” and/or “us”) values the privacy of individuals who use our website and mobile apps (collectively, our “Platform”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from TKC’s users (“Users”). By using the Platform, you agree to the Privacy Policy and any future amendments and additions. Your use of our Platform is also subject to our Terms of Service.

Information TKC Collects From Users

TKC collects information from its Users. The categories of information we collect are described below in this Section 1.

Information You Provide Directly to Us Customers

Sign Up and Profile Information

When you sign up and/or place an order through TKC as a Customer, you provide us with information, including, but not limited to your name, email address, physical address, and phone number.

Order Information

When you place an order, we collect information related to the order, which may include items purchased, special instructions, date and time of order, and subtotal.

Feedback

We may ask you for feedback on your order, which may include rating the experience.

Surveys

We may offer an opportunity to participate in surveys, promotions, or contests. When a User participates, we may request certain information which may include name and email address, and User opinion based information.

Payment Information

When you provide payment card information during an order, a third-party payment service provider receives your card information. We do not store payment card information on our servers.

Order Information. When you place a wholesale order, we collect information related to the order, which may include items purchased, special instructions, date and time of order, and subtotal.

Surveys

We may offer an opportunity to participate in surveys, promotions, or contests. When a User participates, we may request certain information which may include name and email address, and User opinion based information.

Payment Information

When you provide payment card information during an order, a third-party payment service provider receives your card information. We do not store payment card information on our servers.

All Users

Communications

If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support team, we will receive your name, email address, and the contents of any message or attachments that you may send to us, as well as any other information you choose to provide.

Feedback

Users may be able to rate and review products and delivery times. Users may be able to see a Merchant’s aggregate product ratings, delivery ratings, and shipping origin location. After a delivery, we may share feedback or comments that Customers provide with other Customers and/or Merchants. Customers may also provide us information and feedback related to your overall experience on the Platform, including, but not limited to order reviews, merchant reviews and merchant ratings.

Information We Collect Automatically Through Your Use of the Platform

Device Information. We receive information from Users’ devices, including IP address, web browser type, and mobile operating system version.

Usage Information. We automatically receive information about your interactions with our Platform, such as the pages you were visiting before accessing the Site or mobile application, or other content you view, the products you search for or purchase, and the dates and times of your visits, to help us understand how you use our Platform, help us improve our Platform, and provide you information about our Platform and Merchants.

Call and Text Information. We work with one or more third parties to facilitate phone calls and text messages between us, Customers and Merchants. We receive information about these communications including the date and time of the call or text message, the parties’ phone numbers, and the content of the text messages. We do record and/or have access to the content of phone calls between Users and TKC. Text Messages require a customer to OPT-IN to receive text messages. Additionally, any Customer may OPT-OUT of text messaging by responding to a text message with certain verbiage, i.e. "STOP." Customer's text messaging rates or data rates may apply.

Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies to understand how you navigate through and interact with our Platform, to learn what content is popular, for authentication and advertising purposes, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Platform. We also use cookies for data analytics purposes, including from Google Analytics. You can find more information on how Google uses data from these cookies at google.com/policies/privacy/partners. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on. You should consult your web browser to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of our Platform.

Personal Information from Publicly-Available Sources and Third Parties

Background Information on Customers. TKC works with third-party providers to perform age verification checks on Customers and Prospective Customers, and these third parties provide TKC with updates regarding the age verification check result.

Information From Affiliates and Non-Affiliated Third Parties. We may collect information about you or others through non-affiliated third parties. For example, you may be able to access the Platform through a social networking account, such as Facebook. If you access the Platform through your Facebook account, you may allow us to have access to certain information in your Facebook profile. This may include your name, profile picture, gender, networks, and/or email address and other information you allow to be imported from Facebook, which is controlled in your Facebook privacy settings.

Social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult the sites' privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you.

We may also collect information about you or others through non-affiliated third parties. For example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information from third parties, such as information to verify your identity or trustworthiness, or for other fraud or safety protection purposes. We may also collect demographic information, which may include information such as income, marital status, spending habits, and other information pertaining to customers. We may combine information that we collect from you through the Platform with information that we obtain from such affiliated and non-affiliated third parties and information derived from any other products or services we provide.

How We Use The Information We Collect From Users

We use the information collected from and about Users for the following business and commercial purposes:

Provide services and features

TKC uses the data we collect to provide, personalize, improve, expand, and promote our Platform and other services. This includes using data to:

Facilitate transactions, deliveries, and payments.

Analyze how you use our Platform.

Track and share progress of deliveries and orders.

Notify you about progress of deliveries and orders.

Notify you about new product offerings.

Communications

TKC uses the data we collect to communicate with you, either directly or through one of our service providers, including for marketing and promotional purposes, and to respond to any issues that may arise during deliveries. TKC also uses the data we collect to provide customer support, including but not limited to responding to customer support questions or your requests, and investigating and addressing User concerns.

Conduct research and development

TKC may use the data we collect for testing, analysis, product development, and machine learning to improve a user’s experience on the Platform.

Security and safety. We use the information we collect to help maintain the safety, security, and integrity of our services, third parties, and Users. This includes using data to:

Finding and preventing fraud.

Protecting Users and the TKC business.

Providing account and network security.

Maintain legal and regulatory compliance.

TKC may use the information we collect to maintain legal and regulatory compliance. This includes using data to:

Resolve disputes, to enforce any legal terms that govern your use of the Platform.

Pay taxes or fulfill our business obligations.

Respond to requests by regulators, government entities, and official inquiries.

TKC business purposes

We may aggregate and/or de-identify information collected through the Platform. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

How TKC Shares Information It Collects From Users

Sharing between Customers and Merchants

To facilitate delivery of orders, Merchants and Customers may have access to certain information about each other. When Merchants are provided with Customer drop ship orders, they may be able to see the Customer’s delivery location. Once a Merchant accepts a drop ship order, the Customer may see the Merchant’s location, aggregate shipping rating, tracking real-time location, and/or other information. Merchants may see the Customer’s name and the Customer’s delivery address. After a delivery, we may share feedback or comments that a Customer provides with a Merchant.

Sharing with Couriers

To facilitate delivery of orders originating at the TKC warehouse, we must provide Customer shipping information including the Customer name, delivery address, description of order, weight, and in some cases product quantities.  Some states require an adult signature upon delivery.  We will notify the courier when an adult signature is required.

Service Providers

We share your information with service providers that perform services on our behalf, including all of the uses described in this Section 3. Some examples of service providers are third parties we use for payment processing, advertising, marketing, and analytics.

Other Sharing

We may share your information with third parties in the following cases:

Where disclosure is required or appropriate in order to comply with laws, regulations, legal process, or an agency or governmental request;

With law enforcement officials, government authorities, or third parties, if we think doing so is necessary to protect the rights, property, or safety of TKC, our Users, or the public;

To protect the security or integrity of our Platform;

To enforce our agreements, policies, and Terms of Service;

To respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person;

To investigate and defend ourselves or others against any third-party claims or allegations;

To provide information about the use of our Platform to couriers, Merchants, or potential business partners in aggregated or de-identified form that cannot reasonably be used to identify you;

While negotiating or in relation to a business transaction, such as a merger, sale of assets, or bankruptcy;

Whenever you consent to the sharing, including without limitation when you use the social features of the Platform to (1) review, rate, and/or provide feedback on Merchants which will be available for viewing by other Users; (2) share the orders you’ve placed through the Platform with other Users; and/or (3) share your favorite items/Merchants or lists of items/Merchants with other Users; and When you share certain information related to orders with other Users or non-Users, including, but not limited to (a) your cart; (b) the fees associated with your Order (e.g. to split payment with others); (c) the estimated time of delivery and progress of your Order; and/or (d) order destination.

Online Analytics & Interest-Based Advertising

We or third parties may place cookies, web beacons, or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Platform. Cookies are small bits of data we store on the device (computer, mobile phone, tablet or any other mobile device) that you use to access the Platform. We use cookies and other tracking technologies to (a) inform, optimize, and serve marketing content based on past visits to our websites and other sites, (b) report how our marketing content impressions, other uses of marketing services, and interactions with these marketing impressions and marketing services are related to visits to our websites, (c) help us understand how the Platform is being used, (d) let you navigate between pages efficiently, (d) remember your preferences, and (e) generally improve your browsing experience. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, and others) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Platform. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Platform by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human-readable form.

We and our third-party vendors may use Device IDs and other automated technologies (including cookie identifiers on our website), along with other collected information, to deliver content or tailor ads when you are on our Platform or on other devices, apps or websites. These ads may be based, for instance, on the types of websites that you visit over time, the types of apps you have on your device, or de-identified information about you and your likely interests, based on your activities off of our Platform. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.

Partners that we or others work with to do the above may track your activities over time (including across different apps or websites) by collecting information through automated means, and they may use this information, and other information they receive from us or other sources, to deliver advertisements to you. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. You can also opt out of cross-app advertising by following in the instructions for your operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices). Please note that to the extent advertising technology is integrated into the Platform, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.

Social Media Usage

Our Site may enable you to access social networking services such as Facebook, Twitter, Instagram, or Snapchat (collectively, “Social Network”) directly or indirectly through our Platform.

You may also have the option of posting your activities on our Platform and other content to a Social Network when you access content through our Platform. For example, you may post to Facebook that you placed an order with TKC. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by TKC, and may be visible or accessible to the public.

Your Choices

In addition to other choices described in this Privacy Policy and in the Platform, you have other choices regarding your information:

Profile Information

You can update your profile information through your profile settings. If you need to change the email address associated with your account, please contact us at the Contact Us link on our Site.

Email Subscriptions

You can always unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us, e.g. order status updates.

Account Deletion

If you would like to delete your account, please contact us through the Contact Us link, at the bottom of our Site, with your request. If you choose to delete your account, we will delete it for you, but may retain certain information to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Platform, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law and/or regulations.

Third-Party Links

Our Platform may contain links to other websites, products, or services that we do not have control over. Please be aware that we are not responsible for the privacy practices of such third parties. We encourage you to read their privacy policies before giving them your information.

Data Security

We are committed to protecting your information. We use administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Unfortunately, no security measures can be 100% secure, so we cannot guarantee the security of Users’ data. While we do our best to protect your information, you are also responsible for protecting your information by, for example, protecting your account credentials. If you have any reason to believe that your account has been compromised, please notify us immediately through our Help Center.

Children’s Privacy

TKC is not directed to children, and we do not knowingly collect personal information from children under 21. If you believe that a child under the age of 21 has given us personal information, please use the Contact Us link at the bottom of our Site.

Consent to Transfer

Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. If you create an account with the Platform as a visitor from outside the United States, by using the Platform, you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer a level of protection equivalent to that required in certain other countries, and to the processing of that information as described in this Privacy Policy.

Your California Privacy Rights

Under the California Consumer Privacy Act or CCPA, and subject to exceptions, California residents have certain rights regarding their data, including:

Categories of Personal Information under the California Consumer Privacy Act

Personal Information

Source of Personal Information

Purpose of Collecting Personal Information

To Whom We Disclose Personal Information

Identifiers such as a name, address, unique personal identifier, email, phone number.

Information you provide to us; Information we collect automatically; Information collected from third parties.

See Section 2 above.

See Sections 3 above.

Protected Classifications under California and federal law, including gender, age and citizenship.

Information you provide to us; Information we collect automatically; Information collected from third parties.

See Sections 2 above.

See Sections 3 above.

Commercial information such as records of products or services purchased, obtained, or considered.

Information you provide to us; Information we collect automatically; Information collected from third parties.

See Sections 2 above.

See Sections 3 above.

Internet or other electronic network activity information, including browsing history and search history.

Information you provide to us; Information we collect automatically; Information collected from third parties.

See Sections 2 above.

See Sections 3 above.

Sensory data, such as audio, electronic, visual, or other similar information.

Information you provide to us; Information we collect automatically; Information collected from third parties.

See Sections 2  above.

See Sections 3 above.

Professional or employment-related information.

Information you provide to us; Information we collect automatically; Information collected from third parties.

See Sections 2  above.

See Sections 3 above.

Education information.

Information you provide to us; Information we collect automatically; Information collected from third parties.

See Sections 2 above.

See Sections 3  above.

Inferences about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Information you provide to us; Information we collect automatically; Information collected from third parties.

See Sections 2 above.

See Sections 3  above.

 

Do-Not-Track Disclosure: We are committed to providing you with meaningful choices about the information collected on our Platform for third party purposes. That is why we have provided links (above) to the NAI "Consumer Opt-Out" link, the DAA opt-out link, and a Google opt-out link. However, we do not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.

California Law permits California residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable California law) to third parties for such third parties’ direct marketing purposes. To make such a request, please send written notice, by certified mail or Federal Express (signature required), noting that you are making a “California Privacy Request” to the following address:

The Kinda Company, LLC

1801 E Edinger Ave, Suite 200

Santa Ana, California, 92705 

California Residents

Under California law, certain California consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a California resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under California law through the “Contact Us” link at the bottom of our Site. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

Changes to Our Privacy Policy

We may make changes to this Privacy Policy from time to time. If we make any changes, we will revise the "Last Updated" date at the top of this Privacy Policy. If we make any material changes, we will let you know through the Platform, by email, or other communication. We encourage Users to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the Platform, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information

Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your choices regarding your information by using the Contact Us link at the bottom of our website.

NOTES, COMMENTS, AND FEEDBACK

Despite our very best efforts to allow anybody to adjust the website to their needs, there may still be pages or sections that are not fully accessible, are in the process of becoming accessible, or are lacking an adequate technological solution to make them accessible. Still, we are continually improving our accessibility, adding, updating and improving its options and features, and developing and adopting new technologies. All this is meant to reach the optimal level of accessibility, following technological advancements. If you wish to contact the website's staff, please use the following email info@cosmicfogcannabis.com

The Kinda Company, LLC
[Re: Privacy Compliance Officer]
1801 E. Edinger Ave, Suite 200, Santa Ana, CA 92705

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