PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

EFFECTIVE DATE: 5/7/21
LAST UPDATED: 5/7/21

This section applies only to California residents.  It describes how we collect, use and share Personal Information (as hereinafter defined) of California residents in operating our business and website, and their rights with respect to such Personal Information.  For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.  To learn more about your California privacy rights under the CCPA, visit https://oag.ca.gov/privacy/ccpa.

How We Collect, Use, and Share your Personal Information

We may have collected the following statutory categories (as defined by CCPA) of Personal Information in the past twelve (12) months:

• Identifiers (e.g., name, email address, billing and shipping address, phone number). 

• Online identifiers (e.g., device identifier, IP address, unique browser ID, cookies, beacons, account login, other unique identifiers).

• Financial information (e.g., your financial account numbers or payment card information; please note that a third party payment processor is responsible for all collection, processing, and storage of your financial information and we do not have direct access to or possession of any payment card information).

• Commercial information (e.g., purchase history, website engagement).

• Internet or network activity (e.g., browsing and search history, website and advertisement interactions). 

• Professional or employment information (e.g., information you provide when you apply for a job with us).

• Audio information (e.g., customer calls that may be recorded when customers contact our customer service team by phone).

• Education information (e.g., information you provide when you apply for a job with us).

• Protected classification characteristics (e.g., age or gender; please note that we do not intentionally collect this information, but it may be revealed in identity data or other information we collect).

• Inferences (e.g., information about your interests, preferences, and favorites, and the “profile” we create with such information).

We obtain the categories of Personal Information listed above both directly and indirectly from users of the Site. The direct sources from which we collect Personal Information are described in the “Collection and Use of Personal Information” sections of this Privacy Policy, and the indirect sources are described in the “Collection and Use of Personal Information”, “Cookies and Other Tracking Technologies”, and “Web Beacons” sections of this Privacy Policy. The business and commercial purposes for which we collect Personal Information are described in the [“Collection and Use of Personal Information”, “Information Sharing”, and “Security” sections of this Privacy Policy. We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice. The categories of third parties to whom we “disclose” Personal Information for a business purpose are described in the “Information Sharing”, “Social Networking Sites”, “Web Beacons”, “Targeted Advertising”, and “Security” sections of this Privacy Policy.

Your California Privacy Rights

As a California resident, you have the rights listed below. Please note that in certain cases we may decline your request where we cannot verify your request (as described below), where an exception applies, or as otherwise permitted by law.

• Right to Know. You can request the following information about how we have collected, used, disclosed, and, if applicable, "sold" your Personal Information during the past 12 months:

• The categories of Personal Information that we have collected and used. 

• The categories of sources from which we collected Personal Information.

• The business or commercial purpose(s) for collecting and/or selling Personal Information.

• The categories of third parties with whom we share Personal Information. 

• Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient. 

• If applicable, whether we’ve “sold” your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient. We do not currently sell your Personal Information to third party recipients. 

• Right to Request Deletion. You can ask us to delete the Personal Information that we have collected from you.

• Opt-out of sales. You can ask that we do not sell your Personal Information.  In addition, if you direct us not to sell your Personal Information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes, if applicable.

• Opt-in. We do not currently sell Personal Information to third party recipients. In the event we begin to sell such Personal Information, and we know that you are younger than 16 years old, we will ask for your permission (or if you are younger than 13 years old, your parent’s or guardian’s permission) to sell your Personal Information before we do so.

• Non-Discrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as denying you goods or services; increasing the price/rate of goods or services; decreasing the quality of goods or services; or suggesting that you may receive a different price/rate of goods or services or a different level or quality of goods or services for exercising any of your CCPA rights.

How to Exercise your California Rights

California residents may exercise the CCPA rights described above as follows:

Rights to know and request deletion.  To request to exercise your right to know or right to request deletion, email us with your request at [hello@kos.com] or visit our “Do Not Sell My Personal Information” web page. 

Identity verification and response timing for CCPA rights to know and request deletion.  We reserve the right to confirm your California residency to process your requests to exercise your CCPA rights.

In accordance with California law, we take reasonable precautions to verify the identities of those California residents submitting CCPA requests, or to learn more about how their Personal Information is processed.  Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may make a verifiable consumer request for access or data portability twice within a twelve (12)-month period. The verifiable consumer request must:

1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or such person’s authorized representative. 
2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

We cannot respond to your request or provide you with your Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of receipt of such request. Any disclosures we provide will only cover the twelve (12)-month period immediately preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to opt-out of the “sale” of your Personal Information.  KOS does not sell your Personal Information in exchange for compensation.  However, we use services that help deliver interest-based ads to you and may transfer Personal Information to business partners for their use.  Making Personal Information (such as online identifiers or browsing activity) available to these companies may be considered a “sale” under the CCPA.  You can request to opt out of such “sale” of your Personal Information by emailing us at hello@kos.com or visiting our “Do Not Sell My Personal Information” web page.  We may reasonably request a notarized affidavit affirming your identity and California residency.

Contact Us

If you have any questions or suggestions regarding this Privacy Policy or this Privacy Notice for California Residents, please contact us at: hello@kos.com.