Effective Date: June 28, 2012
Last Updated: September 24, 2012
Welcome to KVA Network.
Revisions to this Policy
The information which the Owner collects through the Site may include personally identifiable information (“Personal Information”) which refers to information that helps it identify the User. The Personal Information includes data such as a User’s name, street address, phone number, facsimile number, image, email address, username and password and demographic information about the User such as his age and/or gender. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Site in the manner set forth below.
Data may also be collected through the Site that cannot be traced back to a specific individual (“Anonymous Information”). For example, the Owner may be able to keep count of how many Users have viewed the Site and specific content therein, or key words utilized to find the Site, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers or email addresses. Users who view Site but do not enter their Personal Information are generally anonymous Users.
Only Anonymous Information will be intentionally collected by the Owner from anonymous Users.
The Site may use browser cookies to collect Anonymous Information. The Site may also incorporate web beacons or similar tracking technologies to allow the Owner to track how the Site is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. The Owner may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Site and the Owner’s products and services.
The Owner may also keep track of which products or services the User purchases. Notwithstanding the foregoing, the Owner does not currently knowingly store credit card numbers on its servers. All credit card information and identifying information is processed through an independent third-party (“Payment Processor”), and not through the Site. Accordingly, Owner cannot attest to or otherwise be responsible for the acts of the Payment Processor, including without limitation, its collection and use of information. User acknowledges that it is solely User’s responsibility to investigate the Payment Processor’s policies and to ensure that User is satisfied with the same. User provides his information to the Payment Processor at his own risk. Moreover, solely the User will be responsible for complying with the terms and conditions of the User’s agreement with the Payment Processor, which may include, but is not limited to, the way the Payment Processor collects information, the manner in which they process payments and the duties and obligations that the User has with the Payment Processor. The Owner does not know of the policies of independent third-parties, including the Payment Processor, and is not responsible for the information collected or how the information is used by any third-parties, including, without limitation, the Payment Processor.
If the User believes that he has been mistakenly billed, the User has the duty and obligation to notify the Payment Processor immediately of such error. The User must review the Payment Processor’s policy with regard to their notice requirement. The User releases the Owner and the Site from all liabilities and claims of loss resulting from any error or discrepancy in billing.
A User may become a registered member of the Site (“Registered User”), in which case the User may be asked to provide certain Personal Information, including his name, address, telephone number, email address, a unique login name, password and password validation, and/or a password hint to help the User remember his password. This information is collected within the registration process, in order to allow for greater ease in the Registered User utilizing the Site and its interactive features; to allow the Owner and the Site to identify the Registered User; and to allow Owner to contact the Registered User for customer service purposes, if necessary. In addition, Owner requests Registered User’s email address to confirm new member registration and to enable email or other
electronic communications to be made through the Site. Moreover, the Owner may utilize a Registered User’s email address to send updates, newsletters, news, promotional offers, advertisements or any other information regarding the Site, the Owner, to the Registered User. In the event that Registered User no longer wishes to receive such emails, he may “opt-out” by providing an email to the Owner at firstname.lastname@example.org. The subject line of that email should read: “Do not send me notification emails.”
Registered Users may be providing more Personal Information than general Users to the Site, and by becoming a Registered User, Registered User assumes all risk, and agrees to these terms with regard to all of the information that the Registered User submits through the Site. Information in a Registered User’s profile may be public, and viewable by those who are not Registered Users. Registered User assumes all risk associated with information posted in the profile.
User Posted Content
Users may post content on the Site that may be made publicly available to other users and to the general public via the Site. Users acknowledge and agree that by posting or otherwise submitting such content on or to the Site, User’s Personal Information, including his email address and any other information the User supplies, may be visible to the third parties. User shall not share any information in his inquiry that he is not prepared to be public or to otherwise share with such other third parties.
Further, Users may submit inquiries, comments or other content (collectively, an “Inquiry”) to Owner through the Site. Users acknowledge and agree that by sending an Inquiry or otherwise posting communications to the Site, a User’s Personal Information, including his email address and any other information the User supplies, may be visible to third parties. There are limited communications within the Site that the User can request be kept non-public. User shall not otherwise share any information in his Inquiry that he is not prepared to be public or to otherwise share with such other third parties. Moreover, User’s Inquiry may be available for review by Owner and/or other Users’ contractors and employees. Moreover, Owner may, from time to time, use third party email servers to send and track receipt of the Inquiries, and analyze the pattern of inquiry usage via these third party tracking systems.
If a User is making an Inquiry or posting content for someone other than himself, in which another person’s Personal Information will be accessible or otherwise made available, User hereby makes the material representation and warranty upon which he wishes Owner to reasonably rely, that he has obtained each of those other individuals’ consent to disclose their personal information to Owner and other Users.
Moreover, User acknowledges and agrees that Owner may need to otherwise provide a third party with portions of the User Information that Owner, in its sole discretion, deems necessary to effectuate the purposes of the Site.
Third Party Advertisers and Links to Third Party Websites
Notwithstanding the foregoing, the User acknowledges and agrees that there may be advertisements on the Site, and websites to which the Site is linked, that are owned or operated by T&R Electric Supply, Inc. (“T&R Electric”), Colman Transportation, Inc. (“Colman”), and/or Colman Logistics, Inc. (“Colman Logistics”), all of whom share common ownership with the Owner. Nevertheless, User acknowledges and agrees that Company shall not in any way be liable for the acts or omissions of T & R Electric, Colman and/or Colman Logistics and T & R Electric, Colman and/or Colman Logistics shall not in any way be liable for the acts or omission of Owner.
acknowledges and agrees that the Owner may use the Personal Information to contact the User and to solicit the User for services offered by the Owner.
Information about the Users of the Site, which include the Users’ Personal Information, may be disclosed in association with certain business dealings such as any debt financing, acquisition or merger, sale of assets and in the event of a bankruptcy, assignment for benefit of creditors or receivership in which particular information could be sold or transferred to other parties as an asset.
It is the Owner’s policy to not use or share the Personal Information of Users of the Site in ways which have not been outlined or described herein without first allowing its Users a chance to opt out or otherwise disallow such unrelated uses. However, the Owner may disclose Personal Information about its Users or information relating to their Use of the Site for any reason if, in its sole discretion, it determines that it is reasonable to do so, including, without limitation:
A. To comply with laws, such as without limitation, the Electronic Communications Privacy Act, regulations or governmental or legal requests for such information;
B. To reveal information that is needed to identify, contact or bring legal action against any User who may be violating the Terms and Conditions of the Site;
C. To operate the Site properly;
D. To protect the Site and its Users; and/or
E. To fully cooperate with law enforcement authorities, private-party litigants and others seeking information about its Users to the extent required by applicable law.
The Owner undertakes reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. The Owner undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although the Owner is diligent in its security pursuits, it cannot guarantee the success of its efforts. Owner undertakes no duty to provide notice to any Users of a security breach, unless otherwise required to do so by law.
Managing and Deleting Users’ Personal Information
If a User would like to modify or delete any Personal Information previously entered on the Site, he can update his information by sending an email with his current and updated information to email@example.com. Notwithstanding the foregoing, Registered
Users may be able to update their personal information by changing their online profile through the Site.
Protection of Children
This Site should not be used by Users under the age of majority in the State from where the User is accessing this Site. The Owner shall make reasonable effort to ensure that this Site contains sufficient warnings to make it obvious that its content is not intended for Users under the age of eighteen (18) and that they are not welcome to access this Site. However, there is no substitute for proper parental supervision of children's Internet usage. Accordingly, Owner recommends that Users of this Site use parental control protections, such as computer hardware, software or filtering devices which may help users limit minors’ access to harmful Materials.
The Owner does not knowingly collect or use any personal information from children (minors younger than 18) through the Site. If the User is a parent and believes the Owner may have inadvertently collected such information from User’s child, please notify the Owner immediately by sending an email to firstname.lastname@example.org.
If User suspects any website that User views may be engaging in unlawful activities involving minors, User is encouraged to report those websites to www.asacp.org.
A User acting on behalf of an employer or entity, acknowledges that it is authorized to do so and that it may be sharing certain corporate information with the Site and other users. As further set forth in the Terms and Conditions, all Users also acknowledge that they have permission to utilize the Site in this capacity.
Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (a) Owner is located at 301 South Florence Avenue, Colman, South Dakota 57017 and can be reached via telephone at 605-684-2104; (b) Members of the Site are notified in advance of any applicable charges resulting from or related to their use of the Site or its services; (c) consumers may contact Owner at the address or telephone number indicated above to resolve a complaint or receive further information regarding any aspect of the services provided by the Site; and (d) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or via telephone at 800-952-5210.