Privacy  |  Terms & Conditions  © Copyright 2013 Kyochon USA

Kyochon USA, Inc. Privacy Policy


HOW WE PROTECT YOUR INFORMATION

You have a right to know how information about you is used and protected. Most data remains within our corporate family, and is used to do business with you. Some is shared with others to process your account or for marketing. We explain how we use information in this privacy policy statement. We invite you to state your choices in the Customer Preferences section. We will honor your selection.


INFORMATION WE COLLECT

When you use our site, we need to collect some information from you in order to fulfill orders, contact you, and tailor your experience to your interests. Some of the information we collect includes Personally Identifiable Information (or "PII"), that identifies you as an individual. We only collect PII when you provide it voluntarily. We collect information that you provide:

This information may include your:

We will also ask for your credit card information if you place an order with us and pay by credit card, but we do not store or process your credit card information directly; instead it is routed through a secure third-party payment provider. To the extent that your credit card information passes through our system, it is protected with Secure Sockets Layer encryption.
We share information with our affiliates (members of our corporate family) or companies outside our corporate family that perform services on our behalf. We share information to process transactions, respond to your inquiries, or provide information about the products or services that we offer. We may share

We may share some information with companies that we have a special relationship with, such as joint marketers. We may share your:

We may also use your information to send you e-mail newsletters or other marketing materials that we think might be of interest to you. If you don’t want to receive these, you can unsubscribe at any time by clicking the link in the email, or by contacting us at customerservice@kyochonus.com. We will never send you marketing e-mails if you tell us that you don’t want them.
We may also collect demographic information - information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests.
Behavioral information is information pertaining to how you use our site, the areas of our site that you visit, what services you access, and information about your computer hardware and software including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet and other websites through which you have been referred to us through. This information is necessary for analyzing the use of resources, troubleshooting problems, preventing fraud, and improving our services and products. Behavioral information may be gathered through the use of cookies, as we explain below.
We will disclose information if legally required to do so, or at our discretion pursuant to a request from a governmental entity or if we believe in good faith – after considering your privacy interests and other factors – that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
We may disclose and transfer information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court. You will be notified of the sale of all or a substantial portion of our business to a third party by email or through a prominent notice posted on the Site.


PROTECTION OF YOUR INFORMATION

We strive to protect your data and safeguard it from those not authorized to see it. However, although we take steps to safeguard your personal information, no system can be guaranteed to be 100% secure.  Although we obligate third parties who support our websites to use any personal information only for the purpose of performing the services we have contracted them to perform, we do not control third parties’ websites or other security measures.


CHILDREN

Pursuant to our website’s Terms of Service, this website is not designed or intended for the use of children under the age of thirteen. We do not intentionally collect any personal information from children under the age of thirteen without express parental consent.  However, we cannot stop children from using our website without our knowledge. Therefore, we urge parents to supervise their children’s use of the internet. If you believe that your child may have provided personal information to us without your knowledge, please contact us at info@kyochonus.com. Please make sure that you label your message a “COPPA Information Request” so that we know to prioritize it.


WEBSITE COOKIES

Like many websites, we use cookies in order to improve your experience on our website. “Cookies” are a feature in your browser software. If enabled, we may write cookies that may store small amounts of data on your computer about your visit to any of the pages of this site. Cookies assist us in tracking which of our features appeal the most to you and what content you may have viewed on past visits. When you visit this site again, cookies can enable us to customize our content according to your preferences. For example, we use cookies so that we remember you when you return to our website, store your preferences, and remember your shopping cart contents. We may also use cookies to keep track of the number of return visits to this site; accumulate and report aggregate, statistical information on website usage; deliver specific content to you based on your interests or past viewing history; and save your password for ease of access to our site. You can disable cookies, although the site may not function properly for you if you do so.


MOBILE SITE AND APP

Our website and mobile app are governed by the same Terms of Service and Privacy Policy as this site.


CUSTOMER ACCESS TO INFORMATION

If at any time, you want to find out what kinds of your information we are keeping, correct the personal information we have about you, or request that we remove your information from our system you may contact us at customerservice@kyochonus.com and we will honor your wishes.


CUSTOMER PREFERENCES

We honor your choices for sharing data as checked below. Please fill-out this form and return it to us at:
(Company Name)__________________________________________________
(Address) ________________________________________________________
(City)_______________________ (State) ___________ (Zip) ______________
[ ] Please do not share my information with companies outside your organization.
In addition, you may share your preferences with us by e-mailing us at customerservice@kyochonus.com. You may also contact us if you wish to share any comments, concerns, or feedback with us regarding how we protect your personal information.


CALIFORNIA PRIVACY INFORMATION

Under California’s "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities).
To obtain this information, please send an email message to customerservice@kyochonus.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.
Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.


EFFECTIVE DATE, APPLICABILITY, AND UPDATES

This privacy policy is effective as of February 11, 2013. This policy applies only to individuals who visit our website or interact with us through any of our e-mail or mobile campaigns. It does not apply to information which we may collect by other means and it does not apply to businesses which may use our website.
We may update this policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Kyochon website account or by placing a prominent notice on our site. You should also check here periodically to see if anything has changed.

TERMS AND CONDITIONS OF USE


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
Welcome to Kyochon. Kyochon USA Inc. (“Kyochon”) owns and operates this website (www.kyochon.us) and the related mobile Sites (“the Site”). By using this Site, or by clicking “Agree,” you agree to these conditions. Please read them carefully.
If you do not agree to these Terms and Conditions, please do not use the Site.  As a condition of using these Sites, you also acknowledge that we may, in our sole discretion, modify this Agreement at any time.  Please review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.


USER CONTENT AND INTERACTIVE AREAS

We may provide interactive opportunities on the Site, including, without limitation, user ratings and reviews, saved favorites, liked items and bookmarks, (collectively, "interactive areas") for the enjoyment of our users. You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to the Site ("user content"). In addition, in consideration of the Site accepting user content, you hereby grant to Kyochon an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce user content on the Site and in all forms of media now known or hereafter invented, and the right to, at Kyochon's sole option and discretion, attribute such user content to the user submitting the user content. In consideration of submitting user content, you consent to the uses of the user content without further consideration, compensation, attribution, notification or other additional consideration and to Kyochon’s disclosure of any information related to your use of the Site in any capacity in connection with Kyochon's display of your user content on the Site. You also agree to indemnify and hold Kyochon harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out of the uses of the user content that you submit on our Site. You waive any rights you may have in having the user content edited, altered or changed in any manner not acceptable to you.
Any submissions or postings by users to certain parts of the Site, including, without limitation, interactive areas, may be public and posted in public areas on our Site. Kyochon and any contract or operational providers that conduct, operate and/or manage any portion of the Site will not be responsible for the action of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted on the Site.
The Site reserves the right to change, delete or remove, in part or in full, any postings in interactive areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment of our Site. The Site will also cooperate with local, state and/or federal authorities to comply with applicable law.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, transmit, upload or otherwise make available through our Sites. By using the Site, you agree not to use the interactive areas or the Site to make available any content:

We also may, from time to time, display social media content on our website. Your use of social media websites is bound by the Terms of Service of the social media sites. Kyochon makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including a social networking site, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website.


PRIVACY POLICY

The terms of the Privacy Policy located on this Site are incorporated into this document by reference. By using this Site, you acknowledge that you have read the Privacy Policy and agree to its terms. Our Privacy Policy was last updated on February 11, 2013.
NO UNLAWFUL OR PROHIBITED USE/MONITORING OF WEBSITE
By using and accessing this Website, you agree that you will not use the Site for any unlawful purpose or engage in any use prohibited by this Agreement. You further agree that you will not use the Website in any manner that could damage, disable, overburden or impair any Kyochon server, or the network(s) connected to any Kyochon server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt, through any means, to gain unauthorized access to any part of the Site or any service, other account, computer system or network connected to any Kyochon server. Kyochon reserves the right, in its sole discretion, to monitor any and all use of the Site.


CHILDREN

This website is not designed or intended for the use of children under the age of thirteen. If you are under the age of thirteen, please do not use our Site. However, we cannot stop children from using our website without our knowledge. Therefore, we urge parents to supervise their children’s use of the internet. If you believe that your child may have provided personal information to us without your knowledge, please contact us at info@kyochonus.com. Please make sure that you label your message a “COPPA Information Request” so that we know to prioritize it. We do not intentionally collect any personal information from children under the age of thirteen without express parental consent.


RESTRICTIONS ON USE OF MATERIALS

The Site, including, but not limited to, the text, content, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Site, or contained on the Site ("materials") are owned and operated by Kyochon.  The Site and the materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries.  By accessing and using the Site, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the Site.  No materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices.  Modification of the materials or unauthorized use of the materials for any other purpose is a violation of Kyochon’s trademark, copyright, trade dress and other proprietary rights. The use of any such material on any other Site or networked computer environment is prohibited.  Except as otherwise indicated on the Site and except for the trademarks, service marks and trade names of other companies that are or may be displayed on the Site, all trademarks, service marks and trade names are proprietary to Kyochon.  Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the materials or proprietary content without the express written permission of Kyochon or such other party as may own the proprietary rights.
In the event that you download any software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "software") is non-exclusively licensed to you by Kyochon.  Kyochon retains full and complete title to the software, and all intellectual property rights therein.  You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.


COPYRIGHT NOTICE

Unless otherwise noted, all materials are owned, licensed or controlled by Kyochon or the party credited as the provider of the materials ("third party provider").  You agree that you will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, compile, decompile, reverse engineer, disassemble or create derivative works from any materials or otherwise transfer any of the materials to any third person without the express written permission of Kyochon or the appropriate third party provider. Except as specifically permitted by this Agreement, any use of the materials contained or provided through this Website is strictly prohibited.


TRADEMARKS AND SERVICE MARKS

The trademarks, service marks, domain names and trade dress displayed on the Site, whether registered or unregistered, are owned by Kyochon unless otherwise noted, and are protected by trademark laws in the United States and other countries.  The use or misuse of these trademarks/service marks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of trademark laws, unfair competition laws and/or other relevant laws.  


DISCLAIMER

THE MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KYOCHON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES DISCLAIM WITH RESPECT TO THIS WEBSITE AND THE MATERIALS HEREIN ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KYOCHON DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  KYOCHON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE Site IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE.  YOU (AND NOT KYOCHON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Kyochon or its officers, directors, employees, agents or representatives be liable to you or any third party for any special, consequential, incidental, direct, indirect, or punitive damages or any other loss or injury that result from the use of, or the inability to use, the materials in the Site, even if Kyochon or a Kyochon authorized representative has been advised of the possibility of such damages.  In no event shall Kyochon have any liability to you for damages, losses and causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing or using the Site or engaging the services of or purchasing products of a third party through or after accessing the Site.


USE OF LINKS

The Site may contain links to other websites which are developed, sponsored and/or maintained by third parties.  Kyochon does not review, monitor, operate or control any such third party website accessible through these links, and is not responsible for the content available on or through such third party websites.  By providing access to the linked websites, Kyochon is not recommending or endorsing the products or services provided by the sponsor or owner of those websites.  Kyochon makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website.  You acknowledge and agree that use of such links is entirely at your own risk.  


VIOLATIONS OF AND CHANGES TO THE AGREEMENT

Kyochon reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Site. We reserve the right to terminate your account and restrict your use of this Site if we have reason to believe you have violated any of these Terms and Conditions, including providing us with false information.
Kyochon reserves the right, in its sole discretion, to revise and amend the Agreement at any time.  You acknowledge and agree that you are bound by any changes or modifications to this Agreement upon publication of such changes or modifications on our Site.  Accordingly, we recommend that you review the Agreement before providing us with any information.  


GOVERNING LAW

You acknowledge and agree that your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.  The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law, and all claims, disputes or disAgreements which may arise out of the interpretation, performance or in any way relating to your use of the Site, shall be submitted exclusively to the jurisdiction of the State or federal courts located in the County and State of New York.  You acknowledge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. Any waiver by Kyochon of any provision of this Agreement must be in writing.