Effective Date: November 1, 2022
Welcome! An overview of this Privacy Policy is provided below. To see the full text, click on the links. This Privacy Policy applies to your use of any online services (e.g., website or software) that posts a link to this Privacy Policy (“Service”) and is owned or operated by Kenko Energy Americas, LLC (collectively, “Company”, “we”, or “us” or “our”), regardless of how you access or use it. Click here to view our Terms of Use.
Your California Privacy Rights
Beginning January 1, 2020, California residents will have certain privacy rights detailed in our California Consumer Privacy Notice here. To the extent that there is a conflict between this Privacy Policy and the California Consumer Privacy Notice, the California Consumer Privacy Notice will control.
This Privacy Policy was last updated on November 1, 2022.
We have summarized some (but not all) of the main topics of this Privacy Policy below. The complete provisions, and not the headings or summaries govern.
You have certain choices regarding information collection and communications options explained, including:
The information Company collects is used for a variety of purposes as detailed in this Privacy Policy. For example, your information helps Company provide and improve the Service, communicate with you, serve to advertise and offer to you, and operate Company’s business.
For more information about Company’s privacy practices regarding the Service, read the full Privacy Policy. You can also contact Company if you have questions or concerns.
For a clickable table of contents that will help you find and navigate to all the sections of the full Privacy Policy see the top of this page.
This Privacy Policy will provide you with information as to how Company collects, uses, and shares information about you, including the choices Company offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it. It does not apply to Company’s data collection activities offline or otherwise outside of the Service (unless otherwise stated below or at the time of collection). For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.
By visiting or otherwise using the Service, you agree to the Service’s Terms of Use and consent to Company’s data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service, and uninstall Service downloads and applications.
Company, and/or its Service Providers (defined below), may collect information you provide directly to Company and/or its Service Providers via the Service. For example, Company collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties. For more information on Third-Party Services’ data collection and practices see Section 6. For more information on Service Provider data collection and practices see Section 3.
Information Company, its Service Providers and/or Third-Party Services may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, phone number, address, and full payment account number (“Personal Information”); and (2) demographic information, such as your gender, age, zip code, interests, and recent and upcoming purchases (“Demographic Information”). Except to the extent required by applicable law, Demographic Information is “non-Personal Information” (i.e., data that is not Personal Information under this Privacy Policy). In addition, Personal Information, including, without limitation, Company-Collected PI (defined below), once “De-identified” (i.e., the removal or modification of the personally identifiable elements, or the extraction non-personally identifiable elements including through anonymization, pseudonymization, and/or hashing) is also non-Personal Information and may be used and shared without obligation to you, except as prohibited by applicable law. However, we do not make assurances that De-identified data is not capable of re-identification. To the extent any non-Personal Information is combined by or on behalf of Company with Personal Information Company itself collects directly from you on the Service (“Company-Collected PI”), Company will treat the combined data as Company-Collected PI under this Privacy Policy.
B. Information Collected Automatically. Company, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”).Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Company with Company-Collected PI, Company does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Company-Collected PI. For more information on Third-Party Services’ data collection and practices see Section 6. For more information on Service Provider data collection and practices see Section 3. For information on choices some of these third parties may offer you regarding automated data collection see Section 11.The methods that may be used on the Service to collect Usage Information include:
Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services and used by Company and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the Service and certain third-party services. See Section 11 regarding certain choices regarding these activities.
Company is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 11 so that your consent to encountering them is meaningfully informed.
C. Information Company Collects From Other Sources.Company may also obtain information about you from other sources, including Service Providers and Third-Party Services, and combine that with Company-Collected PI. Notwithstanding anything to the contrary, except to the extent such data combined by or on behalf of Company with Company-Collected PI, this Privacy Policy is not intended to limit Company’s activities regarding such third-party-sourced, or non-Service-sourced, information (including Personal Information), and such data will only be treated as Company-collected PI to the extend it is combined with Company-collected PI. Company is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.
Company may use information about you, including Company-Collected PI and other Personal Information, for any purposes not inconsistent with Company’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:
Company may share non-Personal Information, and Personal Information that is not deemed Company-Collected PI hereunder (provided that Company is aware of no restrictions of Company’s use, if any), with third parties or its affiliates, subsidiaries and related entities (“Company Affiliates”) for any purpose. Without limiting the generality of the foregoing, we and third parties may convert your Personal Information, including Company-Collected PI, to non-Personal Information, including without limitation through hashing it or substituting a unique identifier for the Personal Information and we and third parties may use and share that data as permitted by applicable law, including to match data attributes to and from other sources. Any such third-party activities are subject to their privacy policies and practices. Company’s sharing of Company-Collected PI is, however, subject to the following:
Company may also share any information about you (including, without limitation, Company-Collected PI) for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:
In addition, Company may share your Company-Collected Personal Information (as well as your other Personal Information and your non-Personal Information), in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Company assets, or transfer of all or a portion of Company’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).
EEOC / Affirmative Action Reporting. In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.
Company may offer sweepstakes, contests, surveys and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to Company, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.
The Service may permit you to post or submit UGC including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information. If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including Company. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personal Information included in UGC is not subject to Company’s usage or sharing limitations, or other obligations, regarding Company-Collected PI or other Personal Information under this Privacy Policy or otherwise, and may be used and shared by Company and third parties to the fullest extent not prohibited by applicable law. Company encourages you to exercise caution when making decisions about what you disclose in such public areas. For more information on how UGC is treated under the Service’s Terms of Use click here. California minors should see Section 9 regarding potential removal of certain UGC they have posted on the Service.
Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, Company relies on you to only send to people that have given you permission to do so. The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Company for any other marketing purpose unless Company obtains consent from that person. Your contact information and message may be included in the communication.
The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.
Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Company’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5 or by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Company or other Company Affiliates in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Company and Company Affiliates. Also, both Company and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
Company may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include Cross-device Data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”).
Company may use Google Analytics, Adobe Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help Company analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage.
Except to the extent we combine information we receive from Service Providers, Third-Party Services, or other third parties with Company-Collected PI, in which case Company will treat the combined information as Company-Collected PI under this Privacy Policy (see Section 1(c)), data obtained by Company from a third party, even in association with the Service, is not subject to Company’s limitations regarding Company-Collected PI under this Privacy Policy, however such data remains subject to any restrictions imposed on Company by the third party, if any. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Company, the types of information shared, and your choices on what is visible to others on Third-Party Services.
Company is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use. See Section 11 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.
Company takes reasonable measures to protect Company-Collected PI (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and Company does not guarantee the security of your information collected through the Service.
To help protect you and others, Company and its Service Providers may (but make no commitment to) monitor use of the Service, and may collect and use related information including Company-Collected PI and other Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Service; ensure compliance with the Terms of Use and this Privacy Policy; investigate violations of or enforce these documents; and otherwise to protect the rights and property of Company Affiliates, third parties, and other users. Monitoring may result in the collection, recording, and analysis of online activity or communications through our Service. If you do not consent to these conditions, you must discontinue your use of the Service.
Company is based in the U.S. and the information Company and its Service Providers collect is governed by U.S. law. If you are located in the European Union (EU), European Economic Area (EEA), and/or Switzerland, please note that Company does not intend to offer goods and services (including the Services) to EU, EEA, or Swiss individuals. (If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.
The Service is intended for a general audience and not directed to children less than 13 years of age.
Company does not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting Company detailing where the content or information is posted and attesting that you posted it. Company will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that Company does not control.
Company may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Company-Collected PI, and potentially certain other information about you (e.g., profile and account information). Company will make good faith efforts to make requested changes in Company’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Company’s databases (California minors see Section 9) and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfil the purposes for which the data is retained except to the extent prohibited by applicable law.
A. Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Company currently does not alter Company’s practices when Company receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but Company is not responsible for the completeness or accuracy of this third-party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites you visit and privacy and opt-out policies and options of the parties operating those cookies. Company is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.
B. Analytics and Advertising Tracking Technologies.
You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled “Tell our customers not to measure your use of their web sites or tailor their online ads for you.”
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access, your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Company supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expects that ad networks Company directly engages to serve you Interest-based Advertising will do so as well, though Company cannot guaranty their compliance. Company is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our data bases and the data bases of the third-party services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including without limitation their security of the data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad, or go to your account settings, and find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.
C. Communications and how to unsubscribe.
You can opt out of receiving certain promotional communications (emails or text messaging) from Company at any time by:
(i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account.
Please note that your opt-out is limited to the e-mail address and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue.
Even if you opt out of receiving promotional communications, Company may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Company’s ongoing business relations. Except in connection with Corporate Transactions, to prospectively opt-out of our sharing of your Company-Collected PI with third parties for their own direct marketing purposes, contact us here.
D. Cross-Device Data. To learn more about how you can exercise choices regarding certain choices regarding Cross-device data for Interest-based Advertising, see the prior section regarding the DAA’s Interest-based Advertising choices.
E. Nevada Residents. Although we do not “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, you may contact us and register an e-mail contact address for us to provide you notice in the event we should do so in the future, at which point you will have an opportunity to be verified and exercise your opt-out rights under that law. Contact us in the same manner to update your contact email for notices. Changing your email elsewhere (e.g., informational requests, account information, etc.) will not update your Nevada notice contact information. It is your responsibility to keep your notice contact information current.</span>
California residents have certain additional rights as more fully detailed in our California Consumer Privacy Notice. In the event of a conflict between that notice and this policy, that notice will govern California resident’s privacy rights.
California minors should see “Children’s Privacy” at Section 9 regarding removal of certain content they have posted.
We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not treat your previously collected Company-Collected PI, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
If you have any questions about this Privacy Policy, please contact Company at number +1 (754) 286-8924 or at 7429 Riviera Blvd, Unit 5 Miramar, FL 33023, (Attention: Legal Compliance).
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