“Data Processor” means a third party that processes Personal Information on behalf of and pursuant to the instructions of Kadabra Foods.
“Personal Information” means any information relating to an identified individual, or to an individual who can be identified, directly or indirectly, by reference to such information, which may include, an identification number or one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. Without limiting the foregoing, Personal Information does not include information that is de-identified or corporate information that relates to an organization but not to an individual, such as a corporate name, corporate address or general corporate phone number.
INFORMATION WE COLLECT FROM OR ABOUT YOU
Personal Information You Provide To Us. We collect Personal Information that you provide to us through our Sites, and in connection with other business dealings we, or our distributor or retail partners, may have with you. Such information may include:
- First and last name
- Company name
- Email address
- IP address
- Login user name and password
- Mailing address
- Telephone number
- Fax number
- Personal preferences regarding products
- Information necessary to process a credit card transaction, such as the credit card type, number, and expiration date.
Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Information about you, such as the following:
- Account information for third party services: If you interact with a third party service when using our Sites, such as if you use a third party service to log-in to our Sites (e.g., Facebook Connect, Google Sign-In, or Twitter), or if you share content from our Sites through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.
- Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements, or communications:
- Job Title/Function
- Residential Address
- Purchasing Preferences
- Income Range
Information we automatically collect when you use our products and services: Some Personal Information is automatically collected when you use our products and services, such as the following:
- Computer name
- External IP
- OS type
- OS version
Website Usage Information We Collect. In addition to Personal Information that you choose to submit to us, whenever you visit or interact with our Sites, we may collect or store information about your interaction with our Sites (“Usage Information”). This Usage Information may include:
- your IP address or any other unique identifier assigned to the device that you use to access our Sites;
- the functionality and characteristics of your device, including type of browser, operating system and hardware, mobile network information, and in some cases location information;
- the URL that referred you to our Sites, if any;
- your activities on our Sites, such as which web pages you visit, what terms you searched within our Sites, and which links within our Sites that you click on; and
- the time of day that you visited our Sites and how long your visit lasted.
We use certain common methods and technologies to collect and store Usage Information about your interaction with our Sites (“Analytic Technologies”). These Analytic Technologies may be downloaded to the personal computer, laptop, tablet, or mobile phone that you use to access the Sites (“Your Device”). The specific Analytic Technologies that we use are as follows:
Web Beacons. A web beacon, including tracking pixels, is a small graphic image or other web programming code, also known as “1×1 GIF” or “clear GIF.” We may download web beacons to Your Device when you access our Sites or through email messages that we send to you. Web beacons are used to improve your experience on our Sites. Web beacons also help us to understand whether users read email messages and click on the links contained within those messages so that we can deliver relevant content and messages. Our web beacons may collect certain of your contact information (e.g., the email address associated with an email message that contains a web beacon).
Embedded Scripts. An embedded script is a programming code that is designed to collect information about your interactions with our Sites, such as which links within our Sites you click on, which type of browser or device you use (e.g. mobile or desktop version). We use such information to enhance the user experience. This code is downloaded onto Your Device when you access our Sites and is deactivated or deleted when you leave our Sites. Identification of the user does not take place.
SMS/MMS Mobile Messaging. We collect Personal Information via our SMS and MMS messaging programs, subject in all instances to our standard terms and conditions, as set forth below under Phone, SMS and MMS Messaging Terms and Conditions.
HOW WE USE YOUR INFORMATION
Business Use. We use your Personal Information primarily to facilitate our ongoing and proposed business dealings with you (“Business Use”). This includes to: (1) process business transactions with us that you initiate, including without limitation orders of products and the creation of user profiles; (2) establish and maintain customer accounts so that we may provide products or services of ours requested by you or your company; (3) register you as a user of these products so that you may access them through our Sites or otherwise; (4) communicate with you about updates, maintenance, outages, or other technical matters concerning these products; (5) provide you with support regarding usage of these products; (6) notify you about changes to any of the policies and procedures for use of these products; (7) verify the accuracy of account and technical contact information we have on file for you and your company in relation to these products; and (8) respond to questions or inquiries that you or your company may have about our products. We also may use your Personal Information as required for us to comply with laws and regulations relating to the products that we provide in any of the jurisdictions in which we or our affiliated companies operate, including the United States, and we may use Usage Information internally within Kadabra Foods to help us improve our products or to develop new products.
We may also use your Personal Information to personalize the content of the Sites and communications based on your preferences, and to comply with our legal or contractual obligations and to resolve disputes. Additionally, we may use your Personal Information to protect against or deter fraudulent, illegal, or harmful actions and to enforce our terms and conditions of use (depending on which product or service you are using).
Marketing Purposes. With your consent or as otherwise permitted by applicable law, we may use your Personal Information for purposes relating to the marketing of our content, products, or those of our business partners (“Marketing Purposes”). This includes to: (1) send you newsletters, press releases, event announcements, and other similar communications regarding the products that we offer; (2) market or promote our products to you, including by offering you promotional items; (3) solicit input from you regarding improvement of our products; (4) inform you of third-party offerings that we think you may be interested in which relate to our products; and (5) other purposes that we disclose to you at the time we obtain your consent, including sharing with third party marketing partners to market their products and services to you. For avoidance of doubt, we do not sell your personal information to a third party.
Referrals. From time to time, we may receive Personal Information about you from third parties who recommend or suggest that we contact you for business purposes. We receive such Personal Information because you have consented towards the third party that they might share your Personal Information. If we use that information to contact you, it will only be to see if you are interested in our products or services, or those of our business partners. We will not use this information for other purposes without your consent. In addition, if you inform us that you are not interested in these products or services, we will stop using the information to contact you.
Data Integrity. You are responsible for the accuracy of all Personal Information that you provide to us. We will use reasonable efforts to maintain the accuracy and integrity of your Personal Information, and to update that information as appropriate. We will take reasonable steps to ensure that the Personal Information we collect from you is relevant to its intended use, and that it is used only in ways that are compatible with the purposes for which it was collected or otherwise authorized by you.
WITH WHOM WE MAY SHARE YOUR INFORMATION
Outside of Kadabra Foods. We may share your Personal Information with “Data Processors” as described below, and with other third parties for purposes disclosed to you at the time you provided the information, or as subsequently authorized by you. From time to time, we also may offer you the option of sharing your Personal Information with third parties in order to receive information and/or marketing offers from them regarding their products and services. If you consent to the sharing of your Personal Information for these purposes, it will be subject to the privacy policies and business practices of those third parties. If you later decide that you no longer want us to share Personal Information with such third parties, please contact us as indicated below under the section “CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES.” We will process your request in a reasonable period of time. Note, however, that if you no longer wish to receive communications from a third party which has already received your Personal Information from us, you will need to contact that third party directly to inform them of this.
Partners. We may also share your contact information with the following partners so that we can better serve you:
- Distributors and resellers: if you are in a location where we primarily sell our products and services through a distributor or reseller, we may pass your contact information on to such distributor or reseller so that they can contact you directly about your interest in Kadabra Foods’s products and services.
Site Hosting. Our Sites and the servers on which they are hosted are operated in various countries around the world in which we conduct our business. Thus, your Personal Information associated with our Sites may be transferred to and/or processed in a country other than that from which it was collected. The data protection laws in those countries may differ from those of the country in which you are located. The servers may be operated by third party hosted service providers.
Links to Other Websites and Applications. The Sites may contain various links to, as well as plug-ins or widgets from, social media and other third-party websites or applications, which may provide additional information, goods, services, and/or promotions. These third-party websites or applications are owned and operated independently of Kadabra Foods and may have their own separate privacy and data collection practices. We are not responsible for the privacy practices of any third party; therefore, you should review their privacy policies and practices prior to interacting with their websites or applications, using any of their tools, or sharing any of your Personal Information with them.
Community Forums. Our Sites may offer message boards, chat rooms, blogs, and other public areas, including without limitation a Facebook Group (“Community Forums”) where you can interact with our employees, other customers, post images, data, requests, questions, comments, suggestions, or other content, including your Personal Information (“User Submissions”). To participate in Community Forums, you may be asked to select a user name and password and/or provide us with your email-address, and to agree to the terms of participation for those Community Forums. We use this information to identify you and to contact you, if needed, for the provision of those Community Forums. You are able to change your email preferences or discontinue your participation in the Community Forums at any time. Your password and your email-address will not be visible to other users or shared with third parties. You should be aware that any User Submissions you post to a Community Forum, as well as your user name, may be viewed by other members of that forum. If you choose to voluntarily post User Submissions to a Community Forum, be aware that such information is viewable by anyone else on that Community Forum. Think carefully before you post and use caution before disclosing any Personal Information in a Community Forum. We are not responsible for the accuracy, use, or misuse of any User Submission that you disclose or receive through a Community Forum. We might also delete User Submissions without further notice if they include harmful or inappropriate content (e.g., pornographic material, content encouraging vandalism, crime, terrorism, racism, violence, or cruelty), or infringe any third party’s rights or applicable law.
Promotions. We may offer various promotions (“Promotions”) through the Sites or elsewhere that may require registration with your Personal Information. If you choose to enter or otherwise participate in a Promotion, your Personal Information may be disclosed to third parties in connection with administration of the Promotion, such as in connection with winner selection, prize fulfillment, and as otherwise required by law. By entering into a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice, and/or likeness in advertising or marketing materials. These rules will be displayed to you during the registration process, and you will be asked for your consent to the respective data processing at that time.
CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES
We reserve the right to take reasonable steps to authenticate the identity of any individual seeking access to Personal Information. We may provide web pages or other mechanisms on our Sites through which you can update subscription preferences. You can also contact us to update your Personal Information or change your preferences. Our contact information for these purposes is by email at email@example.com. If you receive a marketing communication from us by email, you may also opt out of receiving future email marketing communications by following the opt-out instructions provided in that email. Please note that we reserve the right to send you certain communications relating to transactions you initiate, your customer account, your use of our Sites, or other business matters, and that these communications may be unaffected if you choose to opt-out from marketing communications.
In accordance with our routine record keeping and applicable law, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of that information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Also, if you have posted any User Submissions to a Community Forum, these communications cannot generally be removed.
CCPA AND OTHER LEGAL RIGHTS
The California Consumer Privacy Act (“CCPA”), as amended, provides California residents with the additional rights listed below, subject to certain exceptions. This section applies only to those California residents to whom the CCPA applies (“California Resident” or “You”) and does not apply to any Personal Information, as defined in the CCPA (“PI”), that is excepted from the CCPA. All capitalized words in this section have the definitions given to them in the CCPA, as amended, unless noted. First and foremost, please note that Kadabra Foods does not sell PI to third parties.
California Residents have the right to:
- Request disclosure of our data Collection and sales practices in connection with you, including the categories of PI we have collected, the source of that PI, our use of that PI and, if the disclosed or Sold to third parties, the categories of PI disclosed or Sold to third parties and the categories of third parties to whom such PI was disclosed or Sold;
- Request a copy of the specific PI collected about you during the 12 months before your request made under the previous paragraph;
- Have such PI deleted (with exceptions);
- Request that your PI not be Sold to third parties, if applicable (Right to Opt Out); and
- Not be discriminated against because you exercised any of these rights.
Right to Request and Right to Know. You have the right to know and what PI we have Collected about you over the past 12 months, and the right to request that PI, including:
- The categories of PI we have collected about you;
- The categories of sources from which the PI is collected;
- The Business purpose or Commercial purpose for Collection of your PI;
- The categories of Third parties with whom we have shared your PI; and
- The specific PI we have Collected about you.
You may exercise the Right to Request no more than twice a year.
Categories of Information We Collect.
Identifiers (such as contact information, government IDs, cookies, etc.)
A, B, C
Information protected against security breaches (such as your name and financial account, driver’s license, social security number, user name and password, health/medical information)
Protected classification information (like race, gender, ethnicity, etc.)
A [only if voluntarily provided]
A, B, C
C [via IP Address only]
Professional or employment related information
Inferences from the foregoing
A, B, C
Key to Sources:
Individual submitting the information
Third party from whom we receive the information
Observing activities and recording the information (i.e., through cookies)
We collect Personal Information for one or more of the following commercial and business purposes:
- The Business Use, Marketing Purposes, Referrals, and Data Integrity purposes described above.
- Providing you with our products and services;
- Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with laws and other standards;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
- Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business;
- Debugging to identify and repair errors that impair existing intended functionality;
- Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
- Undertaking internal research for technological development and demonstration; and
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the company, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
If we collect any additional PI for any other purpose, we will notify you of that purpose at the time we collect the PI for that purpose.
If we disclose PI for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that PI confidential and not use it for any purpose except performing the contract. We share PI with the following categories of Third parties: payment processors and shipment vendors, business consultants, and other service providers, more fully described under WITH WHOM WE MAY SHARE YOUR INFORMATION, above.
Right to Opt Out. We do not Sell PI. If we do engage in an activity determined to be a Sale of your PI, we will notify you and place a notice on our website along with opt-out instructions.
Right to Delete. You have the right to request that we delete the PI we have Collected from you (and direct our service providers to do the same). There are a number of exceptions, however, including but are not limited to, when the PI is necessary for us or a Third party to do any of the following:
- Complete your transaction;
- Provide you a good or service;
- Perform a contract between us and you;
- Protect your security and prosecute those responsible for breaching it;
- Fix our system in the case of a bug;
- Protect the free speech rights of you or other users;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
- Comply with a legal obligation; or
- Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Other Rights. You can request certain information about our disclosure of PI to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.
If you are a California Resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your PI to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org. Pursuant to California Civil Code Section 1798.83(c)(2), we do not share your PI with third parties’ direct marketing use without your consent.
Exercising Your California Privacy Rights. To request access to or deletion of your PI, or to exercise any other data rights under California law, please contact us by email at email@example.com. Please include your full name, email address, and other identifying information such that we will be able to verify your identity, along with why you are writing, so that we can properly process your request. We are only able to handle your request if you provide the requested information needed to verify your identity.
Before we take any action on any request exercising a CCPA right, we must reasonably verify your identity. If we attempt to, but cannot do so, we will not be obligated to you under the CCPA. We will reach out to you by the method of communication through which you reached out to us, and let know that we are unable to verify your identity.
Any subsequent interaction with our Sites after a request for deletion, or deletion, of PI will require new requests for action on your data.
Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
Nevada Residents—The State of Nevada enacted the Privacy of Information Collected on the Internet from Consumers Act that permits Kadabra Foods customers that are Nevada residents to opt-out of the sale of their personal information, provided certain requirements of the statute are satisfied. To make such a request, please send an email to firstname.lastname@example.org.
We will take reasonable precautions to protect your Personal Information in our possession from loss, misuse, and unauthorized access, disclosure, alteration or destruction. We will make reasonable efforts to keep your Personal Information reliable for its intended use, accurate, current and complete. As necessary, we will take additional precautions regarding the security of particularly sensitive information, such as credit card information. While we strive to secure your Personal Information, we cannot warrant or guarantee that this information will be protected under all circumstances, including those beyond our reasonable control.
The Sites are intended for business use. We do not knowingly collect or solicit Personal Information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Sites or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Information, please contact us at email@example.com.
EUROPEAN DATA SUBJECTS: PRIVACY SHIELD AND EU GENERAL DATA PROTECTION REGULATION (GDPR)
Kadabra Foods, LLC is a company with international operations and customers. We have developed global data security practices designed to ensure that personal information is appropriately protected. When you submit Personal Information to Kadabra Foods, LLC you are consenting to the transfer of the Personal Information to the United States or other jurisdictions which may be outside of the jurisdiction in which you reside and which may not provide the same protections and use restrictions on Personal Information as your jurisdiction of residence. Kadabra Foods, LLC’s participation in the Privacy Shield applies to all Personal Information received in the United States from the European Union, such as Personal Information about former, current, or prospective corporate customer contacts received from the EU (collectively “EU Personal Data”). “Data subject” means an individual who is the subject of the EU Personal Data.
You have the right to exercise choice (opt-out) from our disclosure of EU Personal Data to a third party. (Please see the section on WITH WHOM WE MAY SHARE INFORMATION above for details of such disclosures.) If consent has been given, you also have the right to opt out of the use of your EU Personal Data for direct marketing purposes. To exercise these rights, please send us an email at firstname.lastname@example.org or follow the instructions in any direct marketing message you may have received (e.g., click the provided opt-out link in the email message).
Please contact us as specified below if you have any questions, need access to your EU Personal Data, or otherwise need assistance. We remain responsible for our collection, use, and disclosure of EU Personal Data in accordance with the Privacy Shield. We also are responsible for third party agents that are processing such data on our behalf, unless we prove that we are not responsible for the event giving rise to the damage. In certain situations, we may be required to disclose EU Personal Data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.
If you are an EU data subject with an unresolved complaint or dispute arising under the requirements of the Privacy Shield, we agree to refer your complaint under the Privacy Shield to an independent dispute resolution mechanism. That independent dispute resolution mechanism is the International Centre for Dispute Resolution, the international division of the U.S.-based American Arbitration Association. For more information and to file a complaint, you may contact the International Centre for Dispute Resolution by phone at +1.212.484.4181, or by visiting the website http://go.adr.org/privacyshield.html. We are also subject to the investigatory and enforcement powers of the Federal Trade Commission with respect to the Privacy Shield. In addition, under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, EU data subjects may invoke binding arbitration before the Privacy Shield Panel jointly created by the U.S. Department of Commerce and the European Commission.
Please contact us at email@example.com if you have any questions, wish to exercise your rights of access, or to request the correction, amendment, removal, and/or limitation of the use and disclosure of your EU Personal Data or seek other assistance as described above.
GDPR. For this GDPR section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Kadabra Foods is the controller of your Personal Data processed in connection with the Sites. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
How Do We Use Your Personal Data? Please refer to the section on HOW WE USE YOUR INFORMATION above for details of how we use and process your Personal Data.
Lawful Bases for Processing.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing may include consent, contractual necessity and our “legitimate interests,” as further described below.
- Contractual Necessity: When you purchase our products, we process your contact information (e.g., name, phone number, address, email address) as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms and Conditions or other agreement with you, which enables us to provide you with the products and services you request. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Sites or purchase our products.
- Legitimate Interest: We may also process your contact information and other categories of Personal Data described in the INFORMATION WE COLLECT ABOUT YOU section above for our legitimate interest purposes.
- Examples of these legitimate interests include:
- Operation and improvement of our business, products, and services
- Provision of customer support
- Protection from fraud or security threats
- Protecting the security of your account with us
- Providing you with a sign-in method
- Determining your geographic location and preferences so that we can serve you better
- Compliance with legal obligations
- Completion of corporate transactions
- Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. If you provide us with opt-in consent to receive marketing information from Kadabra Foods, we will process your email address for the purpose of sending you marketing information about our products. The legal ground for processing your email address for this purpose is your consent. You may withdraw your consent any time by selecting “unsubscribe” in the marketing email or email us at firstname.lastname@example.org.
- Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
How Long Do We Retain Your Personal Data? We retain Personal Data about you in compliance with company’s data retention procedures. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, if you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Personal Data of Children: The Sites are intended for business use. We do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Sites or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at email@example.com.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary, to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by contacting us at email@example.com to make such corrections.
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. In certain circumstances, you can correct some of this information directly by contacting us at firstname.lastname@example.org to make such corrections.
- Erasure: You can request that we erase some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Sites.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Complaint: You have the right to lodge a complaint about Kadabra Foods’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
QUESTIONS AND CONTACT INFORMATION
Last updated on October 15, 2019
PHONE, SMS, MMS MESSAGING TERMS & CONDITION, Kadabra Foods, LLC. and its affiliated companies (“Kadabra Foods) offers text message programs (a “program” or “programs”), including phone calls, SMS, MMS and messaging app-specific programs, itself and on behalf of its clients. Recipients may be enrolled in a program in the following ways: receiving a text invitation, sending a text to specified numbers, filling out a web form, initiating a web chat, opting-in to the applicable program, or sending a message via various messaging applications. Kadabra Foods may also send one-time text messages.
Your use of the programs is governed by the terms and conditions below. Use of the programs constitutes your acceptance of these terms, which take effect when you enroll. If you do not agree to these terms, please do not enroll in a program.
Once enrolled in a program, you will have an opportunity to decline the service by indicating as such during a phone call, or via a reply to a text message you received that says STOP. By continuing the phone call or in the case of text message, by replying START subsequently, you are confirming you would like to restart a subscription to this program. Message frequency varies.
There is no charge to you for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive phone calls or text messages sent to your mobile phone.
By participating in any program, you approve any such charges from your mobile carrier. Charges for phone calls or text messages may appear on your mobile phone bill or be deducted from your prepaid balance. You agree that you are responsible for paying your carrier’s charges to use the program or, if you are under 18 (in the U.S.) or under the age of majority in your province/territory of residence, that you have permission to use the program from the adult responsible for paying the carrier’s charges.
From time to time, Kadabra Foods may send Multimedia Messaging Service (MMS) messages—messages with multimedia content (pictures, videos, GIFs, etc.). MMS messages may not be available through all carriers. If your device does not support MMS messages, then you may receive an SMS messages. Prepaid users may not be able to participate. Check with your mobile operator.
Kadabra Foods reserves the right to terminate any program, in whole or in part, at any time without notice. Kadabra Foods reserves the right to change these terms or cancel any program at any time. Please check these terms on a regular basis for changes. Your continued use of the program after changes are posted will mean that you accept the terms as modified by the posted changes.
The information in any message may be subject to certain time lags and/or delays. Kadabra Foods is not responsible for delayed receipt of any message. You are responsible for managing the types of texts and messages you receive. Kadabra Foods shall not be liable for any direct, indirect, consequential, special, incidental, punitive, or any other damages, even if Kadabra Foods has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of a program.
You expressly agree to indemnify, defend, and hold harmless Kadabra Foods, its directors, officers, employees, servants, agents, representatives, independent contractors, and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys’ fees), judgments, or penalties of any kind or nature whatsoever arising from your use of the programs.
To stop receiving text messages, text STOP. By enrolling in a program, you consent that following such a request to unsubscribe, you may receive one (1) final message confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription by texting START.
Kadabra Foods reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. At the event of when a product is sold out, Kadabra Foods has the right to cancel the order and refund any amount paid in the best way. Kadabra Foods shall also notify the customer of equivalent replacement products if available.
Kadabra Foods is not responsible for any content, interactions or transfers made on http://KadabraFoods.com.
All enquiries: email@example.com
You are entitled to an exchange or refund within 30 days of your purchase. Please note that the product must be returned unused, in original packaging including all labels. In case of refund neither the original shipping cost nor the return shipping cost will be repaid.
5411 E La Palma Ave.
Anaheim, CA 92807
Arbitration & Class Action Waiver
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE AGAINST Kadabra Foods, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, EMPLOYEES, AND/OR REPRESENTATIVES, MAY ONLY BE PURSUED AND BROUGHT IN FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. In the event you elect to proceed with binding arbitration, you shall provide written notice to Kadabra Foods by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. The written notice shall be sent to: 1110 Fullerton Road, City of Industry, CA 91748. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations within the thirty (30)-day period following receipt of the written notice, either party may initiate binding arbitration pursuant to the terms and conditions set forth herein.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org. Unless otherwise agreed, the arbitration shall take place in the capital city of the state in which the consumer resides, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
Separate and apart from the agreement to arbitrate set forth above and to the extent permitted by law, you hereby independently (i) waive any right to bring or participate in any class action against Kadabra Foods and (ii) acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and non-severable from the agreement to arbitrate claims.
Reselling wholesale products online is restricted only to business website. For example, if company “Wholesale A” who owns reselling platform www.wholesalea.com, they may only resell on www.wholesalea.com and must adhere to the MAP pricing as listed below.
No third party reselling (Amazon, eBay, etc.) is permitted under any circumstance. Failure to comply will result in permanent ban from Kadabra Foods products. A cease and desist will be sent within 24 hours of notification and lack of compliance. If this there is lack of compliance after the cease and desist is sent, legal action will be taken pursuant to California state law and local courts against the offending party within 96 hours of the cease and desist.
Minimum Advertised Price
Minimum advertised prices are established by Kadabra Foods to keep the brand strong and not to dilute the brand.
Minimum advertised price must be no less than the current listed price on www.Kadabra Foods.com for any products to be sold in third party websites.
There is no limit to a maximum advertised price.
MAP pricing is set by Kadabra Foods and subject to change without notice.
The MAP policy applies to all advertisements of NPI products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, Internet or similar electronic media, television, radio, and public signage.
The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).
MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone. Kadabra Foods dealers and sales representatives remain free to sell these products at any prices they choose.
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