Privacy Policy and Notice
Last Updated: August 4^th, 2023

KirbyBuilt Products and its affiliates and subsidiaries, (collectively, “we”, “us” or “our”) are committed to protecting your (“you” or “your”) privacy while providing you with the necessary tools to effectively use our online Sites, including www.kirbybuilt.com (the “Site”) and learn about our products, services, and applications (collectively, the “Services”).

This Privacy Policy and Notice (the “Privacy Policy”) explains how we collect, use, disclose, and apply the information collected when you use or access the Site (“Information”). In addition, it describes your choices for use, access, and correction of your personally identifiable information (“Personal Information”).

Our terms of service (the “Terms of Service”) are expressly incorporated herein by reference and are an integral part of this Privacy Policy. The Terms of Service can be found here: www.kirbybuilt.com/terms-of-service 

By using the Services, or interacting with us in other ways, you are agreeing to this Privacy Policy. If you do not agree with its terms, do not access or use the Services. Please read the following carefully to understand how we collect, use, and maintain your personal information.

We may change this Privacy Policy from time to time. In the event we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy. We encourage you to review our Privacy Policy whenever you use the Services to stay informed of ways you can protect your private information.

If you are a resident of California, Virginia, Colorado, Connecticut, Utah, or the European Union (EU), European Economic Area (“EEA”), and United Kingdom (“UK”), you may be entitled to certain individual rights under the California Consumer Privacy Act of 2018 [as amended by the California Privacy Rights Act of 2020 (“CPRA”)] (collectively, “CCPA”), Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“CTDPA”), Utah Consumer Privacy Act (“UCPA”), or the General Data Protection Regulation (“GDPR”) and the UK Data Protection Act 2018 respectively. Please see the Notice to Certain Residents of Data Subject Rights Section of our Privacy Policy for your rights and how to exercise them for users located in those jurisdictions.

 

I. INFORMATION WE COLLECT ABOUT YOU
This Privacy Policy describes the various categories of information about you which we may collect: (A) information you provide to us, (B) sensitive information, (C) information we may automatically collect, and (E) information we may receive from third parties. All of the information listed in (A)-(C), and (E) above, are detailed below, and hereinafter referred to as “Information.”

A. Information You Provide to Us

In using our Services, you may provide us with Information, including, without limitation:

• Individual identifiers such as name, contact information such as mailing address, phone number, and email address;
• Authentication data such as account personal information and log in credentials, including unique identifiers such as username, account number, and password;
• Payment and transactional information for products or merchandise purchased. Note that we use third party payment processors to facilitate your payments and do not store your payment information;
• Communications with us, preferences, and other Information you provide to us such as any messages (including via online chat feature), opinions and feedback that you provide to us, your user preferences (such as in receiving updates or marketing information), and other Information that you share with us when you contact us directly (such as for customer support services); and
• Additional Information as otherwise described to you at the point of collection or pursuant to your consent.

B. Sensitive Information

We do not currently process sensitive personal Information when you use our Services.

C. Information We May Automatically Collect About You

Our Services may automatically collect the following categories of usage and technical Information about you. This Information for the operation of the Services, to maintain quality of the Services, and to provide general statistics regarding use of the Services. This Information may include:

• IP address, which is the number associated with the service through which you access the internet, like your ISP (internet service provider);
• Date and time of your visit or use of our Services;
• Domain server from which you are using our Services;
• Type of computer, web browsers, search engine used, operating system, or platform you use;
• Data identifying the web pages you visited prior to and after visiting our Site or use of our Services;
• Your movement and activity within the Site, which is aggregated with other Information; and
• Mobile device Information, including the type of device you use, operating system version, and the device identifier (or “UDID”).

 D. Cookies & Technologies Used to Collect Information About You

We and/or certain service providers operating on our behalf may collect Information about your activity, or activity on devices associated with you over time, on our sites and applications, and across non-affiliated Sites or online applications. We may collect this Information by using certain technologies, such as cookies, web beacons, pixels, software developer kits, third party libraries, and other similar technologies. Third party service providers, advertisers, and/or partners may also view, edit, or set their own cookies and place their own web beacons.

• Cookies (or browser cookies).A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. 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 Site.
• Web Beacons.Site pages may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Services. These technical methods may involve the transmission of Information either directly to us or to a third party authorized by us to collect Information on our behalf. Our Services use retargeting pixels from Google, Facebook, and other ad networks. We also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails.
• Analytics.Analytics are tools we may use, such as Google Analytics, to help provide us with information about traffic to our Site and use of our Services, which Google may share with other services and Sites who use the collected data to contextualize and personalize the ads of its own advertising network.
• Mobile Application Technologies.If you access our Site and Services through a mobile device, we may automatically collect Information about your device, your phone number, and your physical location.

Our use of online tracking technologies may be considered a “sale” or “sharing” under certain laws. To the extent that these online tracking technologies are deemed to be a “sale” or “sharing” under certain laws, you can opt-out of these online tracking technologies by broadcasting an opt-out preference signal, such as the Global Privacy Control (GPC). Please note that some features of our Site may not be available to you as a result of these choices.

E. Information We May Receive from Third Parties

We may collect additional Information about you from third party Sites, social media platforms, and/or sources providing publicly available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes. We also participate in marketing programs which may provide us with Information about you.

This Privacy Policy only applies to Information collected by our Services. We are not responsible for the privacy and security practices of those other Sites or Social Media Platforms or the Information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other Sites or content do not constitute or imply an endorsement or recommendation by us of the linked Site, Social Media Platform, and/or content.

       II. HOW WE USE YOUR INFORMATION

A. Use and Purpose of Processing Your Information

We use and process your Information for things that may include, but are not limited to, the following:

• To provide you with the Services and Information you request;
• To respond to your inquiries and questions and provide customer service;
• To process your product purchase request;
• For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
• To fulfill contracts we have with you;
• To manage, improve, and foster relationships with third party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners;
• Maintain, improve, customize, or administer the Services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
• Comply with our Terms of Service;
• Analytics for business purposes and business intelligence;
• Comply with any applicable laws and regulations and respond to lawful requests; and/or
• For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.

We may also use Information that has been de-identified and/or aggregated for all lawful purposes not otherwise listed above.

B. Sharing or Disclosing Your Information

We may share and/or disclose your Information as set forth in the Privacy Policy and in the following circumstances:

• Third Party Service Providers. We may share your Information with third party service providers that perform certain functions or services on our behalf (such as to host the Services, manage databases, perform analyses, process credit card payments, provide customer service, send communications for us and develop Information used in marketing our products). These third party service providers are authorized to use your Information only as necessary to provide these services.
  In some instances, we may aggregate Information we collect so third parties do not have access to your identifiable Information to identify you individually.
• Disclosure of Information for Legal and Administrative Reasons. We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory, or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property, or safety of us, our subsidiaries and affiliates, and any of their officers, directors, employees, attorneys, agents, contractors, and partners, and the Site Service users; (v) to enforce or apply our Terms & Conditions; and (vi) to verify the identity of the user of our Services.
• Business Transfers. Your Information may be transferred, sold, or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.
• Information Shared with our Subsidiaries and Affiliates. We may share your Information with our subsidiaries and affiliates.
• De-Identified or Aggregated Data. We may share your Information on an aggregated basis for any lawful purpose in which your specific personal Information is blinded, masked, or otherwise not identifiable.
• With Your Consent. We may share Information consistent with this Privacy Policy with your consent.

 C. Categories of Information Sold

We do not sell any categories of personal Information. For purposes of this Privacy Policy, “sell”, “sold,” or “sale” means the disclosure of personal Information for monetary or other valuable consideration but does not include, for example, the transfer of personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business. We sometimes share your personal Information with third-party marketing organizations who may offer third-party products and services to you.

     III. LINKS TO OTHER SITES
Our Services may contain links to other Sites or services that are not owned or controlled by us, including links to Social Media Platforms such as Facebook, Instagram, or YouTube, or may redirect you off our Site away from our Services.

This Privacy Policy only applies to Information collected by our Services. We are not responsible for the privacy and security practices of those other Sites or Social Media Platforms or the Information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other Sites or content do not constitute or imply any endorsement or recommendation by us of the linked Site, Social Media Platform, and/or content.

     IV. INFORMATION SECURITY
We use commercially reasonable and appropriate administrative, physical, and technical security
measures to provide our Services and safeguard your Information. However, no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure. Therefore, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure. We do not guarantee that your Information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

If you believe that your Information has been accessed or acquired by an unauthorized person, you should promptly Contact Us so that necessary measures can quickly be taken.

V. DATA RETENTION
We will retain your Information for as long as needed to provide you Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. We will retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted to us. We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.

VI. YOUR CHOICES

A. Marketing Communications. If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or see How to Contact Us below for more information.

If you do not want to receive direct mail marketing catalogs from us, you may click submit a remove from catalog request by at privacy@kirbybuilt.com .

B. Opting Out of Direct Marketing by Third Parties.To exercise choices regarding the marketing information you receive, you may also review the following links:

• You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at aboutads.info/appchoices.
• You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at networkadvertising.org/?c=1 or visiting About Ads at optout.aboutads.info.
• You can opt-out of having your activity on our Services made available to Google
  Analytics by installing the Google Analytics opt-out add-on for your web browser by
  visiting: google.com/dlpage/gaoptout for your web browser.
• You can opt-out of receiving third party direct mail advertising materials by registering your address at DMAchoice at www.dmachoice.org/register.php

VII. NOTICE TO CERTAIN RESIDENTS OF DATA SUBJECT RIGHTS

• For California residents, review your rights here www.kirbybuilt.com/california-data-privacy 
• For Virginia residents, review your rights here www.kirbybuilt.com/virginia-data-privacy 
• For Colorado residents, review your rights here www.kirbybuilt.com/colorado-data-privacy 
• For Connecticut residents, review your rights here www.kirbybuilt.com/connecticut-data-privacy 
• For Utah residents, review your rights here www.kirbybuilt.com/utah-data-privacy 
• For individuals in the European Union, the European Economic Area and the UK, review your rights here www.kirbybuilt.com/eu-data-privacy 

     VIII. EXERCISING YOUR DATA SUBJECT RIGHTS
To exercise any of the rights described above, please submit a verifiable consumer request to us via the methods described below. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Information, or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

To help protect your privacy and maintain security, if you request access to or deletion of your Information, we will take steps and may require you to provide certain information to verify your identity before granting you access to your Information or complying with your request. In addition, if you ask us to provide you with specific pieces of Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Information is the subject of the request.

Only you or your authorized agent may make a verifiable consumer request related to your Information.

If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described above). You may also make a verifiable consumer request on behalf of your minor child.

Email : privacy@kirbybuilt.com 
Call:  866-328-5785 or 630-482-6282

     IX. GEOGRAPHIC LOCATION OF DATA STORAGE AND PROCESSING
Our Services are targeted to individuals located in the United States. As such, the Services collect Information and process and store that Information in databases located in the United States. If you are visiting the Services from a country outside the United States, you should be aware that you may transfer personally identifiable Information about yourself to the United States, and that the data protection laws of the United States may not be as comprehensive as those in your own country. By visiting the Services and submitting any personally identifiable Information you consent to the transfer of such personally identifiable Information to the United States.

     X. CHILDREN’S INFORMATION

The Services are intended only for users over the age of sixteen (16). If we become aware that a user is under sixteen (16) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of sixteen (16).

     XI. DIFFICULTY ACCESSING OUR PRIVACY POLICY

Individuals with disabilities who are unable to usefully access our Privacy Policy online may contact us to inquire how they can obtain a copy of our policy in another, more easily readable format.

     XII. “DO NOT TRACK” SIGNALS

We do not support “Do Not Track.” Do Not Track is a preference you can set in your web browser to inform Sites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser. Do Not Track is different from Global Privacy Controls (“GPC”), which may notify Sites of consumers’ privacy preferences regarding the sale or sharing of personal Information, or the use of sensitive personal Information.

     XIII. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change, modify, or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes. If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes.

     XIV. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Information we have collected about you, please contact us:

Email : privacy@kirbybuilt.com 
Call:  866-328-5785 or 630-482-6282