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PRIVACY POLICY

We know that you care how information about you is collected, used and shared. This Privacy Policy describes how we collect, use and share information when you use our Services. The terms "we," "us," or "our" mean The Kolter Group, LLC. The term "Services," means, collectively, various websites, applications, email notifications and other mediums, or portions of such mediums, through which you have accessed this Privacy Policy. By accessing or using our Services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of Your Information (collectively, "Use of Your Information") as described in this Privacy Policy.

For purposes of this Privacy Policy, "Your Information" means information about you, which may be of a confidential nature and may include personally identifying information, information about products you have purchased, and/or financial information.

This Privacy Policy applies to our Use of Your Information as a result of you using our Services, and does not apply to the following:

  • Information collected through mediums other than our Services;
  • Information collected through our Services where a separate privacy policy applies, such as a sweepstakes entry (you should refer to the official rules and privacy policy for each individual sweepstakes for our specific policies regarding information sharing and disclosure pursuant to sweepstakes entry); or
  • Information collected by any person or entity other than us, even if related to our Services (such as a third-party website, application or lead form).

In addition to this Privacy Policy, our Services are also governed by our Terms of Use and any other documents referred to in this Privacy Policy and our Terms of Use. Please read this Privacy Policy and the Terms of Use carefully.

Information We Collect and Receive About You

We might receive or collect several types of information about you, such as your name, address, telephone number, e-mail address, or other information that you may submit to Kolter via the "Contact Us" page or via a forum. The following are other situations in which you may provide Your Information to us:

  • When you fill out forms or fields through our Services;
  • When you sign up for any newsletters or other materials through our Services;
  • When you provide information to us through a third-party application, service or website;
  • When you communicate with us or request information about us or our Services, whether via email or other means;
  • When you participate in online surveys;
  • When you participate in any of our marketing initiatives, including, contests, events, or promotions; and
  • When you participate in forums or provide user generated content or submissions.

Information Third Parties Provide

We may collect information about you from sources other than you, such as from social media websites (i.e., Facebook, LinkedIn, Twitter or others), blogs, other users and our business partners.

General Use and Preference Information

We may collect, receive and store information regarding your general use of our Services (such as details of how and when you used our Services, interactions with our Services, log in information, resources that you access, your Internet protocol address, your browser type, and your device type), as well as your preferences.

Device Information

When you access or use our Services through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.

Location Information

By using a mobile device or accessing us via an application, you may provide us with your location information. If you enable the collection of location information on your device, then we may collect information about your actual location, such as your mobile device’s GPS coordinates. We may also use other technologies to determine your location (such as through the location of nearby Wi-Fi access points or cell towers), or obtain your location information from third parties.
Phone Numbers
We may collect your phone number in several ways. For example, we may collect your phone number: (i) if you submit your phone number to us through our Services; (ii) by capturing your phone number if you call us; or (iii) if a third party provides your phone number to us.

Cookies and Anonymous Identifiers

We, and third parties use various technologies to collect and store information when you use our Services, including sending cookies, pixel tags or other anonymous identifiers to your device. "Cookies" are pieces of data stored on our computer, mobile phone or other device. A "pixel tag" is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other "anonymous identifiers" are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. These technologies help us know that you are logged on, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding use of our Services.

The information collected through these technologies, standing alone, cannot be used to determine your identity. Such information may, however, be combined in a way that makes it become personally identifiable information (i.e., information that can identify you). If this happens, we will treat the combined information as personally identifiable information.

Please note that, in most cases, you can remove or block cookies (such as by using the settings in your browser), but doing so may affect your ability to use our Services.

How We Use Your Information

We use Your Information in the following ways:

  • Engage in customer support and fulfill transactions. For example, we might confirm and complete transactions requested by you, verify information you provide to us and provide you with administrative notices.
  • Contact you and provide you with information. For example, we might provide or contact you through telephone, email, postal or other communications with Service updates, promotional materials, surveys, offers, personalized information and other information from us or our business partners.
  • Analyze, improve and manage our Services and operations. For example, we might obtain feedback regarding our Services, understand and anticipate your needs and preferences, better understand your use of our Services, customize and tailor Service content and advertising, improve our marketing and promotional efforts, engage in statistical analysis and provide feedback to our vendors, advertisers and other third parties.
  • Resolve problems and disputes, and engage in other legal and security matters. For example, we may use Your Information to comply with, monitor compliance with and enforce this Privacy Policy, our Terms of Use and any other applicable agreements and policies, meet other legal and regulatory requirements, and to protect the security and integrity of our Services.

How We Disclose Information

General Disclosure of Your Information

We may disclose Your Information:

  • To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
  • To our third-party vendors so that they may provide support for our internal and business operations, including for the handling of data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials, and our Services’ maintenance and security;
  • To third parties when you engage in certain activities through our Services that are sponsored by them, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs
  • As required by law or ordered by a court, regulatory, or administrative agency;
  • As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including, without limitation, our rights or property;
  • If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
  • To enforce our Terms of Use, this Privacy Policy, and any other applicable agreements and policies;
  • To enforce or protect our rights;
  • In connection with a Business Transfer, as defined below (see Business Transfers below); and
  • To our affiliated companies (i.e., companies under common control or management with us).

When we disclose Your Information to third parties, Your Information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of Your Information. Such third parties may further disclose, share and use Your Information. By submitting Your Information to us, you expressly consent to such disclosure and use of Your Information. If you do not want Your Information shared as described above, then you should not provide us with Your Information.

Aggregation and De-Personalization

We may take Your Information and de-identify it by: either by combining it with information about other individuals (aggregating Your Information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-identifying Your Information).

Sharing with Friends

If you use any functionality of our Services allowing you to send content to a friend, then please be aware that: (a) we may display your email address to your friend; and (b) we may use information you provide about your friend to facilitate the communication and as otherwise set forth in this Privacy Policy.

Sweepstakes

If you are submitting information to us pursuant to a sweepstakes entry, we reserve the right to share, loan, rent, sell or otherwise disclose the information that you submit with third parties at any time, for any lawful purpose without notice or compensation to you. Please refer to the official rules and privacy policy for each individual sweepstakes for our specific policies regarding information sharing and disclosure pursuant to that sweepstakes entry.

Circumvention of Security Measures

In addition, we cannot ensure that Your Information will only be disclosed as described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose Your Information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, notwithstanding anything to the contrary within this Privacy Policy, the Terms of Use or any other applicable agreement or policy, you use our Services at your own risk and we do not promise or guarantee, and you should not expect, that Your Information will always remain private. In the event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

Business Transfers

We specifically and expressly reserve the right to disclose, lease, sell, assign or transfer Your Information collected through our Services, and any of our databases, together with any personally identifiable information contained in such databases, to third parties in connection with a Business Transfer. A "Business Transfer" means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including our Services) to an affiliate or independent third party at any time, for any lawful purpose, without notice or compensation to you.

User Generated Content

You are responsible for any content, including personal information, that you contribute to be published or displayed ("posted") on our Services, or that you transmit to other users of our Services (collectively, "User Generated Content"). Your User Generated Content is posted on and transmitted to other users of our Services at your own risk. We cannot control the actions of other users of our Services with whom you may choose to share your User Generated Content. We are not responsible for circumvention of any privacy settings or security measures of our Services. As a result, we cannot and do not guarantee that your User Generated Content will not be viewed by unauthorized persons. You understand and acknowledge that, even after removal, copies of your User Generated Content may remain viewable in cached and archived pages, or might have been copied or stored by other Service users. Proper access and use of information provided through our Services, including User Generated Content, is governed by our Terms of Use.

Social Media Widgets

Our Services may include social media features, such as the Facebook Like button or interactive mini-programs that run on our Services. These features may collect your IP address, which page you are visiting, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the third party providing it.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. Below are some mechanisms that provide you with control over certain information:

  • Cookies. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of our Services may then be inaccessible or may not function properly.
  • Email Offers from Us. If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (other than emails related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions through our Services) by using the unsubscribe process at the bottom of the email. Please be aware that it can take up to 10 business days to remove you from our marketing email lists.
  • Accessing and Correcting Personal Information. If a portion of our Services allow you to create an account with us, then you can review and update some of Your Information by logging into that portion of our Services, visiting your account profile page and making changes.
  • Online Behavioral Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative ("NAI"). You can prevent NAI member companies from collecting preference data about you by clicking here and following the NAI’s directions. Note that if you opt out through the NAI, you will still receive advertising. In addition, if you opt out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt out choice.

Information You Disclose to Third Parties

You may be presented with an opportunity to receive information and/or marketing offers from third parties in connection with our Services. All information you disclose to such third parties will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to disclosing information to them. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

Links to Third-Party Websites

Our Services, as well as the email messages sent with respect to our Services, may contain links or access to websites, applications or other properties operated by third parties that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-parties may send their own cookies to you and independently collect data. If you visit or access a third-party website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy statements and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.

Operation of our Services in the United States

Our Services are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Services or providing us with Your Information, you consent to this transfer.

Changes to this Privacy Policy

We reserve the right to update, amend and/or change this Privacy Policy at any time in our sole discretion and without notice. Updates to this Privacy Policy will be posted here. Amendments will take effect immediately upon us posting the updated Privacy Policy on our Services. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. The date on which this Privacy Policy was last updated will be noted immediately above this Privacy Policy. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Contacting Us

You can direct any questions concerning this Privacy Policy to us at:

Via e-mail: legalnotice@kolter.com

Via U.S. or International Mail
General Counsel
701 S. Olive Ave., Suite 104
West Palm Beach, FL 33401

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS - YOUR CALIFORNIA PRIVACY RIGHTS

Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at:

Via e-mail: legalnotice@kolter.com

Via U.S. or International Mail
General Counsel
701 S. Olive Ave., Suite 104
West Palm Beach, FL 33401

California privacy rights requests must include the reference "Request for California Privacy Information" on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.


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