CALIFORNIA PRIVACY NOTICE

Effective Date: 1 July 2023​

Kinetic Path, LLC

Privacy Policy Agreement for California Residents​

Kinetic Path, LLC is a California limited liability company (the “Company,” “us,” “we,” and “our”). This agreement supplements and incorporates our California Privacy Policy Agreement, Privacy Policy Agreement, Code of Conduct Agreement, and Terms of Use Agreement, all found at www.TheKineticPath.com and incorporated herein by reference (collectively, the “Agreement”).

This Agreement governs your (“you,” “your”) access to and use of all our websites, including all content, functionality (each, a “Website” and collectively, the “Websites”), and your access to and use of our other products and services, whether paid, unpaid, or free (the “Offerings” and collectively with the Websites, “Services”).​

Read Carefully

Please read the Agreement carefully before you use the Services. By accessing or using the Services, you accept and agree to be bound and abide by this Agreement. You must not access or use the Services if you do not agree to this Agreement. This Agreement may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review the Agreement when returning to our Services.​

The Services are offered and available to users who are 18 years of age or older. By using these Services, you represent and warrant that you are of legal age to form a binding contract with The Kinetic Path and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.​

Changes to the Agreement

We may revise and update this Agreement occasionally at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.

Your continued access or use of the Services following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page occasionally to be aware of any changes, as they are binding on you.​

Privacy Policy

We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), and any terms defined in the CCPA have the same meaning when used in this Notice.

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some of its requirements.​

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

 

• Publicly available information from government records.

• Deidentified or aggregated consumer information.​

In particular, we collect or have collected the following categories of personal information from its consumers within the last twelve (12) months:

We obtain the categories of personal information listed above from the following categories of sources:​

• Directly from you. For example, from forms you complete or products and services you purchase.

• Indirectly from you. For example, from observing your actions on our Website.

• From linked Accounts (as such term is defined in the Privacy Policy).​

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:​

To fulfill or meet the reason, you provided the information. For example, if you share your name and contact information to request a price quote or ask questions about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.​

• To provide, support, personalize, and develop our Website, products, and services.

• To create, maintain, customize, and secure your account with us.

• To process your requests, purchases, transactions, and payments and prevent transactional fraud.

• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

• Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.​

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.​

Sharing Personal Information

We may disclose your personal information to a third party for business purposes. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to keep that personal information confidential and not use it for any purpose except the contract.​

We share your personal information with the service providers to the Company, data aggregators, and, in some cases, as described in the Privacy Policy, with other users.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category E: Biometric information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category H: Sensory data.

Category I: Professional or employment-related information.

Category J: Non-public education information.

Category K: Inferences drawn from other personal information.​

We may disclose or sell your personal information to service providers, partners, sponsors, and affiliates for business purposes.

Sales of Personal Information

In the preceding twelve (12) months, Company had not sold personal information:

A. Identifiers.

B. California Customer Records personal information categories.

C. Protected classification characteristics under California or federal law.

D. Commercial information.

E. Biometric information.

F. Internet or other similar network activity.

G. Geolocation data.

H. Sensory data.

I. Professional or employment-related information.

J. Non-public education information.

K. Inferences are drawn from other personal information.​

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.​

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:​

• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collecting or selling that personal information.

• The categories of third parties with whom we share that personal information.

• The specific pieces of personal information we collected about you (also called a data portability request).

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: 

  • Sales, identifying the personal information categories that each category of recipient purchased; and 

  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.​

We do not provide these access and data portability rights for B2B personal information.​

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records unless an exception applies. Deleting your personal information may make it impossible for you to access or use our services.​

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

A. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

B. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

C. Debug products to identify and repair errors that impair existing intended functionality.

D. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

E. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

F. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.

 G. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

H. Comply with a legal obligation.

I. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B personal information.​

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at info@TheKineticPath.com.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:​

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

• Describe your request with sufficient detail that allows us to understand, evaluate, and respond to it properly.​

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to the personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.​

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. Our response will also explain why we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.​

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us not to sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt into personal information sales may opt out of future sales at anytime.​

To exercise the right to opt out, you (or your authorized representative) may submit a request to us by emailing us at info@TheKineticPath.com. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by emailing us at info@TheKineticPath.com.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.​

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:​

• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts, other benefits, or imposing penalties.

• Provide you with a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.​

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.​

Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated Notice on the Website and update the Notice’s effective date.

Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.​

Contact Information

If you have any questions or comments about this notice, the ways in which the Company collects and uses your information described here, in the Privacy Policy and the Terms of Use, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at info@TheKineticPath.com.