WEBSITE PRIVACY POLICY
Last modified: October 14, 2024
Introduction
K2 Ultimate Incentives LLC (“Company” or “We” or “Us” or “Our”) respects your privacy and is committed to protecting it through Our compliance with this Privacy Policy (this “Policy”).
This Policy describes the types of information We may collect from you or that you may provide when you visit the website https://k2ultimateincentives.com/ (“Website”) and Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information We collect:
· On this Website.
· In email, text, and other electronic messages between you and this Website.
· When you interact with Our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.
It does not apply to information collected by:
· Us offline through a previous or ongoing service relationship governed by a separate contract or purchase agreement or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
· Any third party (including Our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through this Website.
Please read this Policy carefully to understand Our policies and practices regarding your information and how We will treat it. If you do not agree with Our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after We make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
Children Under the Age of 18
Our Website is not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any information to or on this Website. We do not knowingly collect personal information from children under eighteen (18). If you are under eighteen (18), do not use or provide any information on this Website or through any of its features, register on this Website, make any purchases through this Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to Us, including your name, address, telephone number, email address, or any screen name or user name you may use. If We learn We have collected or received personal information from a child under eighteen (18) without verification of parental consent, We will delete that information. If you believe We might have any information from or about a child under eighteen (18), please contact Us at [email protected].
Information We Collect About You and How We Collect It
We collect several types of information from and about users of Our Website, including information:
· By which you may be personally identified, such as name, postal address, email address, and telephone number (“personal information”);
· That is about you but individually does not identify you, such as your contact preferences; and/or
· About your internet connection, the equipment you use to access Our Website, and usage details.
We collect this information:
· Directly from you when you provide it to Us.
· Automatically as you navigate through this Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
· From third parties, for example, Our business partners (including, but not limited to, Hinda Incentives, Nreach Online Services, and Giift).
· From third-party service providers, like Google Analytics, Microsoft, Hubspot, Constant Contact, and Mx Merchant.
We may also receive information about you from social media platforms when you interact with Us on those platforms or access Our social media content. Please note that the information We may receive from those third parties (such as YouTube, Pinterest, LinkedIn, Facebook, X, Instagram, and TikTok) is governed by the privacy settings, policies, and/or procedures of the applicable platform, and We strongly encourage you to review them before submitting any information using such social media platforms.
Information You Provide to Us
The information We collect on or through Our Website may include:
· Information that you provide by filling in forms on Our Website. This includes information provided at the time of subscribing to Our service or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by Us, and when you report a problem with Our Website.
· Your email address if you elect to subscribe to Our newsletter or use the “Contact Us” option.
· Records and copies of your correspondence (including email addresses), if you contact Us.
· Your responses to surveys that We might ask you to complete for research purposes.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with Our Website, We may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to Our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on this Website.
· Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information We collect automatically is only statistical data and does not include personal information, but We may maintain it or associate it with personal information We collect in other ways or receive from third parties. It helps Us to improve Our Website and to deliver a better and more personalized service, including by enabling Us to:
· Estimate Our audience size and usage patterns.
· Store information about your preferences, allowing Us to customize Our Website according to your individual interests.
· Speed up your searches.
· Recognize you when you return to Our Website.
The technologies We use for this automatic data collection may include:
· Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. These cookies track how Our Website is used which will help inform Us which areas are useful to users and what areas need improvement. You can turn off these cookies through Our Website. Look for the cookie acceptance bar on your first visit. You can also turn off cookies through your browser’s settings. However, if you select this setting, you may be unable to access certain parts of Our Website. Unless you have adjusted your browser setting so that it will refuse cookies, Our system will issue cookies when you direct your browser to Our Website. For information about managing your privacy and security settings for cookies, see Choices About How We Use and Disclose Your Information.
· Web Beacons. Pages of Our Website and Our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
· Google Analytics. You can learn more about Google Analytics Terms of Service here.
We do not collect personal information automatically, but We may tie non-personal information collected automatically to personal information about you that We collect from other sources or that you provide to Us.
Purchases and Other Terms and Conditions
We include features on this Website for you to browse Our good and services, create a user account, and save your searched items. However, all purchases through the Company or other transactions for the sale of goods or services are not carried out through this Website and are governed by a separate agreement you execute with the Company with its own payment arrangements. We may process customer payments using third-party providers, including, but not limited to, Mx Merchant. The processing of your payment information is governed by such third-party providers’ privacy policies. We do not have access to your credit card or other payment information through Mx Merchant. We may, however, receive reporting data from Our third-party providers.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications on this Website are served by third-parties, including content providers and application providers (like Google Analytics). These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use Our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We collect and hold your information for as long as reasonably necessary to provide products and services to you or to fulfill legal and regulatory requirements. We use information that We collect about you or that you provide to Us, including any personal information:
· To present Our Website and its contents to you.
· To provide you with information, products, or services that you request from Us.
· To fulfill any other purpose for which you provide it.
· To carry out Our obligations and enforce Our rights arising from any contracts entered into between you and Us, including for billing and collection.
· To notify you about changes to Our Website or any products or services We offer.
· In any other way We may describe when you provide the information.
· For any other purpose with your consent.
By creating a user account on Our Website, you give Us consent to contact you regarding Our products and services as part of Our commitment to customer service.
If you opt-in to receive marketing emails or text messages from Us, you voluntarily consent to receive such messages. We may also track email and text message usage information to improve Our emails, text messages, deliverability, and enhance the content sent to you. You may contact Us regarding this use at any time using the contact information below.
We may keep your information on Our mailing list until you withdraw your consent. You may opt out of receiving these messages at any time by using the opt-out links in every email/text message or contacting Us.
We may also use your information to contact you about Our own and third-parties’ goods and services that may be of interest to you. If you do not want Us to use your information in this way, please adjust your user preferences by sending Us an email with your request to [email protected]. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information We have collected from you to enable Us to display advertisements to Our advertisers’ target audiences. Even though We do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about Our users, and information that does not identify any individual, without restriction.
We may disclose personal information that We collect or you provide as described in this Policy:
· To Our subsidiaries and affiliates.
· To contractors, service providers, and other third parties We use to support Our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them.
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about Our Website users is among the assets transferred.
· To fulfill the purpose for which you provide it.
· For any other purpose disclosed by Us when you provide the information.
· With your consent.
We may also disclose your personal information:
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To enforce or apply Our Terms of Use, which can be found here: https://k2ultimateincentives.espwebsite.com/TermsofService/ and any other agreements We have with you, including for billing and collection purposes.
· If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, Our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to Us. We have created mechanisms to provide you with the following control over your information:
· Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
· Disclosure of Your Information for Third-Party Advertising. We do not share your personal information with unaffiliated or non-agent third parties for promotional purposes.
· Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote Our own or third parties’ products or services, you can opt-out by sending Us an email stating your request to [email protected]. If We have sent you a promotional email, you may send Us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
Accessing and Correcting Your Information
You may send Us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to Us. We may not accommodate a request to change information if We believe the change would violate any law or legal requirement or cause the information to be incorrect.
Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
Your State Privacy Rights
As of the date of this Policy, We have provided a general overview of certain states which have implemented consumer privacy legislation. However, state consumer privacy laws are constantly evolving and, while We update Our Policy as often as possible in accordance with new regulations, We make no guarantee that Our Policy is all inclusive. State consumer privacy laws may provide their residents with additional rights regarding Our use of their personal information. Nevertheless, We comply with all applicable laws in effect concerning the privacy, security, and processing of personal information.
Generally speaking, certain states, such as California (under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CRPA) effective January 1, 2023—you can learn more about California residents’ privacy rights here), Colorado (under the Colorado Privacy Act (CPA) effective July 1, 2023), Connecticut (under the Connecticut Data Privacy Act (CTDPA) effective July 1, 2023), Delaware (under the Delaware Personal Data Privacy Act effective January 1, 2025), Florida, Indiana (under the Indiana Consumer Data Protection Act effective January 1, 2026), Iowa (under the Iowa Consumer Data Protection Act (ICDPA) effective January 1, 2025), Montana (under the Montana Consumer Data Privacy Act effective October 1, 2024), Oregon (under the Oregon Consumer Privacy Act (OCPA) effective July 1, 2024), Tennessee (under the Tennessee Information Protection Act effective July 1, 2025), Texas (under the Texas Data Privacy and Security Act (TDPSA) effective July 1, 2024), Utah (under the Utah Consumer Privacy Act (UCPA) effective December 31, 2023), and Virginia (under the Virginia Consumer Data Protection Act (VCDPA) effective January 1, 2023), provide their state residents with certain rights. Such states have enacted laws which include rights for their residents to:
· Confirm whether We process their personal information.
· Access and delete certain personal information.
· Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah).
· Data portability.
· Opt-out of personal data processing for:
· targeted advertising (excluding Iowa);
· sales; or
· profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
· Either limit (opt-out of) or require consent to process sensitive personal data.
The exact scope of these rights vary by state. To exercise any of these rights, please contact us at [email protected]. To appeal a decision regarding a consumer rights request, please email us at [email protected].
Additionally, Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: [email protected]. However, please know We do not currently sell data triggering that statute’s opt-out requirements.
Legal Bases for Processing Your Information for EU and UK-based Users
We process your personal information only when it’s necessary and We have valid legal reason to do so, including with your consent, to comply with the law, to provide you with services you purchased, to protect your rights, and to fulfill a legitimate business interest.
The General Data Protection Regulation (“GDPR”) and UK GDPR require Us to explain the valid legal bases We rely on in order to process your personal information:
Consent: We will process your information when you have given Us permission to do so for a specific purpose. You can withdraw this consent at any time.
We are a U.S.-based company. When We transmit a person’s personal information from overseas, We will only do so with your consent to the transmission or otherwise in accordance with the applicable privacy laws. Placing an order for products or services that requires you to voluntarily provide Us with your personal information is an expression of your consent to send your information from the European Union (“EU”) or the UK as part of the transaction process.
Performance of a Contract: When you purchase Our products or services, you enter into a contract with Us for the purchase, which requires you to provide your personal information.
Legal Obligation: We may process your information when We believe it’s necessary to comply with Our legal obligations, including to cooperate with law enforcement or a regulatory agency, to defend Our legal rights, and when disclosure is required as evidence in litigation.
Vital Interests: We may process your information when We believe it’s necessary to protect your vital interests or the vital interests of a third party, such as situations involving a potential threat to someone’s safety.
Pursuant to the GDPR, We are subject to the investigatory and enforcement power of the Federal Trade Commission (“FTC”) in the United States, which oversees acts or practices in or affecting commerce by any person, partnership, or corporation.
Moreover, in compliance with the GDPR, in the context of an onward transfer of your information, We shall remain liable under the GDPR if Our agent processes your information in a manner inconsistent with the law, unless We prove that We are not responsible for the event giving rise to the damage. For clarification, pursuant to the GDPR, the Company does not have any entities or subsidiaries.
If you reside in the European Economic Area or the UK and you believe We are unlawfully processing your personal information, you have the right to complain to your Member State data protection authority or the UK data protection authority. If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.
We comply with the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EU to the United States.
We are committed to resolve complaints about Our collection or use of your personal information. EU individuals with inquiries or complaints regarding this Policy should first contact Us at: [email protected]. You may, under certain conditions, invoke binding arbitration for complaints regarding GDPR compliance not resolved by any of the other mechanisms.
Legal Bases for Processing Your Information for Users in Canada
We may process your information when you have given Us Your express consent to do so for a specific purpose or your consent is implied. You can withdraw this consent at any time. However, there are some exceptions where We are legally allowed to process your information without your consent, including:
• When collecting is in the individual’s interests and consent cannot be timely obtained.
• For investigations and to detect and prevent fraud.
• For certain business transactions.
• When the collection is necessary to assess, process, or settle an insurance claim.
• To identify an injured, ill, or deceased person and/or to communicate with their next of kin.
• If We have a reasonable belief that an individual has been, is, or may be the victim of financial abuse.
• If the collection is reasonably related to investigating the breach of an agreement or contravention of Canadian law.
• To comply with a subpoena, warrant, court order, or rules of a court regarding records production.
• If the information was provided by an individual in the course of their employment, business, or profession, and the collection is consistent with the purposes for which the information was provided.
• If the collection is solely for a journalistic, artistic, or literary purpose.
• If the information is publicly available and is specified by the regulations.
Users’ Rights for Residents of Australia and New Zealand
We collect and process your personal information under the obligations and conditions set by Australia’s Privacy Act 1988 and New Zealand’s Privacy Act 2020 (collectively, “Privacy Acts”).
This Policy satisfies the notice requirements defined in both Privacy Acts, in particular: what personal information We collect from you, the source for your personal information, for which purposes it is used, and other recipients of your personal information.
If you do not wish to provide the personal information necessary to fulfill their applicable purpose, it may affect Our ability to offer you the products or services that you want and to respond to your requests.
If you believe We are unlawfully processing your personal information, you may submit a complaint about a breach of the Australian Privacy Principles to the Office of the Australian Information Commissioner and a breach of New Zealand’s Privacy Principles to the Office of New Zealand Privacy Commissioner.
Users’ Rights for Residents of South Africa
If you are unsatisfied with how We address any complaint with regard to Our processing of your personal information, you may contact the Office of the Regulator in South Africa and submit the POPIA/PAIA form 5 to [email protected] and [email protected]. General inquiries may be submitted to [email protected].
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. In accordance with GDPR and CCPA, We perform a self-assessment of Our privacy practices and procedures at least annually.
The safety and security of your information also depends on you. [Where We have given you (or where you have chosen) a password for access to Our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.] We urge you to be careful about giving out information in public areas, if any, of this Website, like message boards. The information you share in public areas may be viewed by any user of this Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although We do Our best to protect your personal information, We cannot guarantee the security of your personal information transmitted to Our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on this Website.
Changes to Our Privacy Policy
It is Our policy to post any changes We make to Our Policy on this page. If We make material changes to how We treat Our users’ personal information, We will notify you by email to the email address specified in your account and/or through a notice on this Website’s home page. The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring We have an up-to-date active and deliverable email address for you, and for periodically visiting Our Website and this Policy to check for any changes.
Contact Information
To ask questions or comment about this Policy and Our privacy practices, or submit a complaint or concern, contact us at:
K2 Ultimate Incentives LLC
Attn: Karen Kelly
Email: [email protected]
Phone: (602) 692-2662
2535 W. Coyote Creek Dr.
Anthem, AZ 85086