Privacy and Usage Policy

September 16, 2012

Introduction

Kule, LLC (“Kule”) values our customers and visitors and respects your privacy. We collect information about you in our stores, through our web site and in our other communications and transactions with you in an effort to improve your shopping experience and to communicate with you about our products, services and promotions. Neither your name nor anything about you is sold or shared with any other non-affiliated company or agency for their own commercial purposes. However, as described in greater detail below, we may share your information under certain circumstances with business partners that help this site function or assist us in fulfilling your order.

This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use certain of that information, as well as certain other terms and conditions that apply to your use of the site and your transactions with us. If our information practices change, we will post an updated policy on our web site. You can tell if the policy has changed by checking the revision date that appears on this policy.  By using this site at any time after such changes to the policy are posted, you are agreeing to such changes.

Types of Information Collected

We sometimes ask you for certain kinds of personal information to provide the services you request. This information includes:

  • My Account - You have the opportunity to create a personal shopping account with Kule. This account allows you to shop faster and easier, and to check on order status and history. Using your name and a password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize Kule to store your name and email address. Should you elect to do so, you may also include other personal information in your “My Account” such as your birth date, gender, telephone number, credit card number and shipping and billing addresses. If you choose to include such additional information then you are also authorizing Kule to store such information until such time you elect to change or delete it. If you ever use a public computer to visit the “My Account” section of our web site we strongly encourage you to log out at the conclusion of your session. By doing so, although your information will still be stored with us, it will not be accessible to anyone else from that computer.
  • Email List - When you create an account with Kule, you will be given the option to be added to the Kule email list.  Subscriptions to the email list can be cancelled at any time. To be removed from our email list, please email us at info@kule.com and include your name and the address in the message, or click the unsubscribe link found at the bottom of the marketing emails we send you.
  • Purchases - When you place an order, you will be asked to provide your credit card information and billing and shipping addresses. Kule does not store your credit card information unless you choose to include it in your “My Account” (see above).
  • Calls to Customer Service/Participation in Promotions, Sweepstakes or Surveys- If you call our Customer Service center or participate in one of our promotions or sweepstakes or user surveys, we may ask for additional information, such as your age, interests or product preferences

Use of Your Personal Information

We use the information we collect for various purposes, including:

  • to complete your purchase transactions
  • to provide the services you request
  • to keep you informed about the status of your orders
  • to identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
  • to notify you of product recalls or provide other information concerning products you have purchased
  • to improve our merchandise selections, customer service, and overall shopping experience
  • to communicate with you by email, postal mail, telephone, text message, or other means

Others with Whom We May Share Your Information

Service Providers: We also may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide us data storage and analysis; (e) provide fraud prevention; (f) provide customer service by phone and (g) fulfill your orders and (h) other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements.

Compliance with Law: We may provide access to information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Web Site, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this Web Site or the public.

Links to Other Sites

While visiting our web site, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any web site you may access through the Kule web site. They are independent from us, and we have no control over, or responsibility for, their information or activities.

In addition, our privacy practices may differ from those of these other sites. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not the Kule Privacy and Usage Policy. Please make sure you understand the other site's privacy policy before providing personal information.

Cookies

Several of our functions use cookies. A cookie is a small piece of information sent by a web site that is saved on your hard drive by your computer's browser. Cookies help us remember you when you return to our web site. Cookies also hold information a site may need to personalize/enhance your experience and to gather web site statistical data, such as which pages are visited, what is included in your shopping cart, the Internet provider's domain name and the addresses of the sites visited immediately before coming to and immediately after leaving our site. The information in the cookies lets us trace your "clickstream" activity (i.e., the paths taken by visitors to our site as they move from page to page) to enable us to better serve our customers by revealing which portions of our site are the most popular. You may disable cookies on your browser, although there may be some features on our website that will not work fully if cookies are disabled. Please review your browser’s instructions for doing so.

Pixel Tags

We also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on our web site. Pixel tags help us analyze our customers' online behavior and measure the effectiveness of our web site and our advertising. We work with service providers that help us track, collect, and analyze this information.

Pixel tags on our web site may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the site. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the web site you visited immediately before coming to our site and immediately after leaving it.

Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.

We also work with business partners that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to our web site and your interaction with our advertising and other communications.

We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our web site, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of our advertising, and for other internal business purposes.

Your Security

Kule goes to great lengths to keep your financial information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail because e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.

We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of our site, to protect you from any loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of our site. Once you've entered, the page address (URL) will change from http to https, to let you know you are in a secure area. Also, a key or a closed lock will appear in the lower right hand corner of your screen to notify you of this change. You will remain in this secure zone for the entire checkout process.

Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use every reasonable means to ensure the security of information you transmit to us, we cannot guarantee that third parties will not intercept such information.

Emails

You will not receive promotional emails from us if you have unsubscribed from our email list. If you do not want to receive e-mail from Kule you may click on the unsubscribe link at the bottom of any email communication sent by us. Please allow us 10 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

”Spoofing and Phishing”

A common Internet scam is known as “spoofing” or “phishing.” This occurs when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that Kule will NEVER send you an email requesting you to verify credit card, bank information, or any other personal information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at info@kule.com, as we will investigate all instances of possible Internet fraud.

Children

Our web site is not meant for children, and we will not collect any personally identifiable information from children under the age of 13 without verified parental consent. We will remove from our files any personally identifiable information of anyone we discover to be under 13 years old. Our online contests or sweepstakes are restricted to entrants who are at least 18 years old.

Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: KULE, LLC, c/o Scoppetta, Seiff, Kretz & Abercrombie, 444 Madison Avenue, 30th Floor, New York, NY 10022, Attn: Customer Service or by email to info@kule.com. Please allow 30 days for a response.

In the Event of Merger, Sale, or Bankruptcy

In the event that we are acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Intellectual Property Ownership and Use

Please be aware that as you visit and navigate the www.kule.com web site your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.

Content submitted by users of the web site for public view is referred to in this policy as “User Submissions.”  You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize us to use the User Submissions in the manner contemplated by the web site and this policy. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the web site a non-exclusive license to access your User Submissions through the web site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the web site and under this policy.  We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a user's access to its web site for any reason.

We are a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, our liability for others' conduct and information is limited as described therein.  Further, we are a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act.  If you are a copyright owner and believe that any content on web site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").  To provide us notice of an infringement, you must provide a written communication to Kule.com, DMCA Infringement Notification Dept., c/o Scoppetta, Seiff, Kretz and Abercrombie, 444 Madison Avenue, 30th Floor, NY NY 10022  or to info@KULE.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512[P1] ). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

International Users

For International Web Site Users:  The web site is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the web site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Web site, which is governed by U.S. law, this Privacy Policy, and our Conditions of Use, you are transferring your personal information to the United States and you consent to that transfer.

Trademarks

You may not use any of the Kule trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Kule name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Kule's products, services, and programs. Any other trademarks that appear on our web site are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by our affiliates or us.

Copyright

All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the web site, as well as the software used to create them, are owned by Kule and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the web site solely for personal, non-commercial purposes related to placing an order or shopping on the web site. Any other use of any content included on the web site, including linking or framing to this web site, is strictly prohibited unless you first obtain our prior written consent.

Non-Confidential Information

Except for information necessary to place an order, we do not want you to send to us any confidential or proprietary information through this web site. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

Errors and Inaccuracies

We always try to provide complete, accurate, up-to-date information on our web site. Unfortunately, despite those efforts human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.  We have made every effort to display as accurately as possible the colors of the products that appear on the web site. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

Disclaimer of Liability

We make no representations or warranties of any kind, whether express or implied, with respect to this web site, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this web site or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

Applicable Law

By visiting our web site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our web site.

General

You agree that using our web site signifies your assent to Kule's Privacy and Usage Policy and related terms of use provided above, is subject to all applicable laws, and is undertaken at your own risk. Kule reserves the right to change this Privacy and Usage Policy at any time, without advanced notice. If we decide to change our Privacy and Usage 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.  By using this site at any time after such changes to the policy are posted, you are agreeing to such changes.

You acknowledge that we may terminate your account, remove any data or content that you have provided and/or disable your access to the web site, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind.  In addition, we may modify or remove any service or functionality included in the web site at any time, with or without notice and with no liability of any kind.

To the fullest extent permitted by applicable law, NO CLAIM UNDER THIS POLICY SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.

Most communications between Kule and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and Kule shall satisfy any legal requirements that such communications be in writing.

If you have any questions about your privacy or security or any of the terms and conditions contained in this policy at www.kule.com, please contact us by phone at 1.800.299.KULE (1.800.299.5853) or info@kule.com and include your name and the address in the message.