PRIVACY POLICY

(Effective October 3, 2018)

 

When you use KCON’s website or app, we collect certain information to improve your experience. We understand that you trust us with your information and we have a big responsibility in protecting it. We work hard to ensure that your information and your rights are protected. So we wrote this privacy policy (“Privacy Policy”) to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information in a way that is easy for you to read, navigate, and understand.

 

Your access to and use of KCON’s website or app, and their respective services, are also subject to the Terms of Use, available at http://www.kconusa.com/terms-of-use/.

 

We may also collect certain information to improve your experiences with the website or app, ensure that our high content standards are upheld for you, and allow us to contact you and better service your specific needs, and to make using the website or app more convenient for you. We follow this Privacy Policy in accordance with local laws in places where we operate.

 

WHAT INFORMATION WE COLLECT AND WHY WE COLLECT IT

 

We collect two basic types of information – Personal Information and Anonymous Information – and we may use these two types of information to create a third type of information, Aggregate Information.

 

  • Personal Information – “Personal Information” is information that is collected online, and either directly or indirectly identifies individuals.  When you engage in certain activities on the website or app, we may ask you to provide certain Personal Information. Anonymous Information (defined below) that is associated with Personal Information is also considered Personal Information.  We may collect the following Personal Information from you:
    • Registration information you provide us when you create an account, including your name, date of birth, gender, username, password, e-mail address, and telephone number;
    • Transaction information you provide us when you purchase a product or service from our website or app, including your payment information, telephone number, and shipping address;
    • Information you provide in public forums on the website or app (if any);
    • Information you send on or through the website or app, whether directly to another user or within a group, using our message, chat, post, or similar functionality, where we are permitted by law to collect this information;
    • Profile information you choose to share, such as your city, state, favorite bands, favorite shows, favorite music videos, favorite quote, your personal website, a picture, and a general description of yourself; and
    • Other Personal Information you choose to share, such as information you provide to us when you link your account on the website or app to third-party social networking sites or platforms.

 

  • Anonymous Information – “Anonymous Information” is information that does not and cannot reasonably be used to directly or indirectly identify an individual user. We use and share this Anonymous Information with third parties to improve the content and functionality of the website or app and our affiliated websites or apps, to better understand our customers and markets, and to improve our products and services.  Anonymous Information may include:
    • Information collected automatically through the operation of the website or app, such as cookies, flash cookies, or web beacons, which are not linked to any Personal Information. These technologies provide tracking data that allows us to implement useful features and deliver relevant content to you based on your preferences, location, or usage patterns.  We may associate some of this tracking data with your registration account if you choose to create one, in which case, we will treat it as Personal Information; and
    • Location information when you visit or use the website or app, including location information provided by a mobile device interacting with the website or app (through beacon technologies or otherwise).

 

  • Aggregate Information – “Aggregate Information” is information created through use of Personal Information and Anonymous Information about the categories of users, which does not and cannot reasonably be used to identify an individual user, such as:
    • Usage, viewing, and technical data, including your device identifier or IP address, collected automatically when you use our website or app, or open e-mails that we send.

 

HOW WE COLLECT YOUR INFORMATION

 

We collect information from you to improve our services and to provide you with an optimal experience.  Accordingly, we collect your information in the following ways:

 

  • Directly – When you provide information to us by: (i) requesting products, services, or information, (ii) registering an account, (iii) participating in public forums or other activities on the website or app, (iv) linking your account on the website or app with your account(s) on social networking sites, or (v) otherwise interacting with us;
  • Passively – Through technology, such as cookies, web beacons, other technologies, or our mobile app through our vendors;
  • From third parties – When other trusted sources provide us with information to update or supplement the information you provided to us or information we collected automatically, as permitted by law.

 

HOW WE USE YOUR INFORMATION

 

We collect, store, and use your Personal Information for the specific reasons that you provided such information and to provide you with a safe and customized experience on the website or app.  We may use information collected from you in any of the following ways:

 

  • To create your user account;
  • To provide you with products and services at your request;
  • To identify and suggest products or services;
  • To enforce the Terms of Use;
  • To prevent fraud or potentially illegal activities;
  • To provide technical support and respond to user requests;
  • To optimize or improve the website, app, products, services, or operations;
  • To facilitate communications with you (e.g., informing you of new products or promotional offers, verify your account, informational and operational purposes, customer service, etc.).

 

We may use Anonymous Information and Aggregate Information for research and analysis to improve our products and services and to better understand our customers and markets.

 

HOW WE SHARE YOUR INFORMATION

 

We generally do not share your information with third parties, except in limited circumstances. Such circumstances may include: sharing with our parents, affiliates, or subsidiaries; co-branded promotions; or when another company performs services for us. These companies are prohibited from using your information in any other way than what you allow or what is required by law.

 

  • Related Parties – We may share Personal Information that you provide us with our parents, affiliates, and subsidiaries. If you do not want us to share your Personal Information with our related companies for their marketing or other purposes, you may opt-out by contacting us at info@kconusa.com.
  • Social networking sites – If you link your account on the website or app to other social networking sites (e.g., Facebook, Instagram, Snapchat, Twitter), we may exchange or otherwise provide information about you with these social networking sites, with your consent.
  • Our business partners – Unless they are acting on our behalf or you provide your Personal Information as part of a co-branded promotion, we will obtain your consent before we share your contact information with advertisers, business partners, or other entities that are not related to CJ. However, we may share Anonymous and Aggregate Information to develop and deliver targeted advertising to users of the website or app and on the websites of third parties.
  • Our service providers – We may share your information with companies that provide services to us, including companies that assist with the operation of our services, payment processing, data processing, user and business analytics, account management, advertising, and other services (e.g., Google Analytics). We may also enter into agreements with third parties that provide the technology which allows us to customize the advertising and marketing notices you receive while using our services. We make reasonable efforts to direct all such third party service providers to maintain the confidentiality of the information shared with them and to not use your information for any purpose other than to provide services on our behalf.
  • Other parties in connection with a transfer of assets – If we sell all or part of our business, make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, we may sell or transfer your information to one or more third parties as part of that transaction.
  • Other parties when necessary to protect your or our rights – We may preserve or disclose your information to: (i) protect the legal rights of CJ E&M America, Inc., its parents, affiliates, and subsidiaries, and each of their respective investors, directors, officers, employees, agents, and suppliers, (ii) protect the legal rights of a third party when appropriate, (iii) to protect the safety and security of the website’s or app’s users or to enforce the Terms of Use, (iv) protect against fraud or to resolve or prevent security or technical issues, or (v) comply with a request for cooperation by a governmental entity, by order of a court with competent jurisdiction, or as otherwise required by law.
  • Other parties with your consent – We may share or disclose your information with your consent, such as when you authorize a third-party website or other parties and applications to connect with our website or app.
  • Third-party advertising and links to other sites – The website or app may include third-party advertising.  Third-party sites and advertisers may use technology to send the advertisements that appear on the website or app directly.  Your IP address may be automatically received by such third-party sites and advertisers when this happens.  The website and app may also contain links to other sites that do not follow the same Privacy Policy as ours.  Should you click on such links, please review the applicable third party’s privacy policy to determine how that site will handle your information.

 

HOW WE PROTECT YOUR INFORMATION

 

The security, integrity, and confidentiality of your information are extremely important to us. From time to time, we review our security measures to consider appropriate new technology and methods. However, please be aware that no security measures are impenetrable. We cannot warrant the security of any Personal Information that you transmit to us. Any transmission of Personal Information is done at your own risk. We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Therefore, we set limited access to your Personal Information only to specific employees, agents, and contractors who have a reasonable need to gather information. For instance, we may provide information to our technical support team with limited access to your account so that the team may troubleshoot any issues you may experience on the website and app.

 

We take precautions—including administrative, technical, and physical measures—to safeguard your Personal Information against loss theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. While we make efforts to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining your information. In the unlikely event that a data breach occurs, whether by accident or unlawful interference, we will take necessary precautions to do our best to promptly notify you.

 

You can help us by also taking precaution to protect your Personal Information when you are on the Internet. Change your passwords often using a combination of letters, symbols, and numbers, and make sure you use a secure web browser.

 

YOUR CHOICES AND CONTROLS

 

You may use parts of the website, app, and some of our services without providing any Personal Information. If you have previously provided Personal Information to us and have subscribed to any services on the website or app, and you no longer wish to receive such services, please discontinue your subscriptions by clicking on the “unsubscribe” link at the bottom of message and following the instructions to be removed from our mailing lists. You may also contact us at info@kconusa.com to unsubscribe or make modifications to your account. Please note, however, that we may retain records of your Personal Information as necessary to comply with applicable federal, state, or local laws.

 

If you would like to review or change the Personal Information that you have provided to us, please contact us at info@kconusa.com. We will take reasonable steps to respond to requests for changes and updates to your Personal Information in our possession.

 

PRIVACY OF CHILDREN

 

We support the guidelines and regulatory requirements provided for in the Children’s Online Privacy Protection Act of 1998 (“COPPA”): http://www.ftc.gov/ogc/coppa1.htm. We do not knowingly collect any Personal Information from children under age 13. Children under 13 are expressly prohibited from providing any Personal Information to us through the website and app. In the event that we learn that we have inadvertently collected Personal Information from a child under the age of 13, we will take reasonable measures to promptly remove such information from our records.

 

At various places on the website or app, we may ask users for their age. By using the website or app, and their respective services, you agree to respond truthfully about your age.

 

If you have any reason to believe that a child has provided any Personal Information to us, please contact us at info@kconusa.com and we will make reasonable efforts to delete the provided information or otherwise protect the user.

 

CALIFORNIA RESIDENTS

 

If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information, no more than once per year, regarding the disclosure of your personal information by us to third parties during the previous calendar year for the third parties’ direct marketing purposes.

 

To make such a request, please send an email to info@kconusa.com with the subject line “California Privacy Request” or write us at:

 

RE: CA Privacy Rights

CJ E&M America, Inc. / KCON USA

3530 Wilshire Blvd., Ste. 1220

Los Angeles, CA 90010

 

We will do our best to respond to you within thirty (30) days of receiving such a request.

 

We value your use of our products and services and we are dedicated to protecting your personal information with care and respect. Pursuant to California Civil Code Section 1789.83(c)(2), we do not share your Personal Information with other companies or third parties for those parties’ direct marketing use, unless you allow us to do so.

 

If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to info@kconusa.com. Please be advised that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal, even if requested. Please also be aware that, pursuant to the Terms of Use, you are not allowed to submit or post any Personal Information on the website or app if you are under the age of 13.

 

EU RESIDENTS

 

If you are a European Union resident, the General Data Protection Regulation (“GDPR”) permits you to request certain personal information, to request certain personal information to be erased, or to request inaccurate personal information to be fixed. Such a request is subject to GDPR regulations, as well as local laws and regulations where applicable.

 

To make such a request, please send an email to info@kconusa.com with the subject line “GDPR Privacy Request” or write us at:

 

RE: GDPR Privacy Rights

CJ E&M America, Inc. / KCON USA

3530 Wilshire Blvd., Ste. 1220

Los Angeles, CA 90010

 

We will do our best to respond to you as promptly as possible upon receipt such a request.

 

PUBLIC FORUMS ON THE PROPERTY

 

Please remember that information posted to message boards, blogs, and other forums on the website or app becomes public information. Users under the age of 18 should use extra caution when posting and should be careful not to disclose any Personally Information on areas of the website and app where such information may become public. We cannot guarantee that parties who have access to such publicly available information will respect your privacy. Accordingly, please exercise extreme caution when deciding to disclose your personal information in these areas.

 

CHANGES TO THIS PRIVACY POLICY

 

From time to time, we may update and revise this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements, or other reasons. If we make any material changes to our Privacy Policy, we will notify our users by placing a notice on the home page of the website or app, or by sending a notice to our users at the e-mail addresses provided to us upon registration. Please check our Privacy Policy periodically for updates and changes. If you do not agree with the terms of our Privacy Policy, please contact us and discontinue further use of the website and app. We encourage you to check this page frequently, as your continued use of the website and app shall constitute your acceptance of any such revised Privacy Policy.

 

GOVERNING LAW

 

This Privacy Policy is part of the Terms of Use and as such shall be construed in accordance with California laws without consideration to any of its choice of law principles.

 

CONTACT US

 

If you have any comments or questions about this Privacy Policy or about the operation of the website or app, or if you wish to unsubscribe from any services related to the website or app, or otherwise wish to modify any collected Personal Information, please contact us at info@kconusa.com.