Legal

PRIVACY POLICY

This Privacy Policy was last updated on May 6 2016.

We take your privacy very seriously and are committed to being transparent with how we use your information. This website (www.konbini.com/us), mobile application and any of our services and sites directing you to this Privacy Policy are controlled by Konbini US Inc., c/o Pramex, 1251 Avenue of the Americas, New York, NY 10020, USA (collectively “we” or “us”). This Privacy Policy also incorporates the terms contained in the Terms of Use, and Cookies Policy http://www.konbini.com/us/cookies/

Our Privacy Policy explains:
What information we collect and why we collect it.
How we use that information.
The notice to you and choices we offer, including how to access and update information.

By using our website, mobile application and services you consent to our collection and use of your personal data described in this Privacy Policy. If you have any questions about this Privacy Policy or would like to know more about what information we collect and store, please contact us at: hello@konbini.com

Information we collect
We collect information to provide better services to our users and improve our business.

We collect information in two ways:

Information you give us or information provided through a social network. For example, some of our services require you to sign up for an account, provide information for a contest or award, or link an account through a social network. Examples of the information we collect may include email, name or phone number. We work with social networks including, but not limited to Facebook, Twitter, Snapchat, Instagram and LinkedIn. We have access to information you directly provide and information through those social networking services based on your privacy settings on those networks.

Information we get from your use of our services. We may collect usage information when you visit different parts of our site or use our applications. We may also automatically collect certain technical information such as device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile information if you use a mobile device to access the site).

How we use information we collect
We use the information we collect from all of our services and from third parties to provide, maintain, protect and improve our services, to develop new services and offerings and to protect us and our users. We may also use this aggregated and demographic information to offer you tailored content like giving you more relevant search results and ads.
When you contact us, we may keep a record of your communication as well as the other information in this Privacy Policy to help solve any issues you might be facing.
Please keep in mind that comments sections, forums, and other similar areas of our services are public. Any information posted in those areas is viewable and usable by anyone that has access.
We will contact you to ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

Tracking Technologies

Cookies
Technologies such as: cookies, beacons, tags and scripts are used by Konbini and our advertising / marketing partners, affiliates, or service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We use cookies to remember users’ settings (e.g. geographic location) and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.
The use of cookies on our website is governed by our Cookie Policy: http://www.konbini.com/us/cookies/

Behavioral Targeting/Re-Targeting
We and our service providers may use advertising cookies to deliver ads that we believe are more relevant to you and your interests. For example, we may use targeting or advertising cookies to customize the advertising and content you receive on our Site, to limit the number of times you see the same ad on our Site and to help measure the effectiveness of our advertising campaigns. These cookies remember what you have looked at on the Site and other sites, and may be combined with other information acquired from third parties, and we may share this information with other organizations, such as advertisers.

Information we share
We do not share personal information with companies, outside organizations and individuals unless one of the following circumstances apply:

With your consent.
We will share personal information with companies, outside organizations or individuals if we have your consent to do so. By continuing to use our website and providing personal information through our website, you consent to us sharing your personal information with third parties for the purposes specified in this Privacy Policy. We may also seek your additional consent for purposes subsequently notified to you.

For external processing.
We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
 These companies are authorized to use your personal information only as necessary to provide these services to us.

For legal reasons.
We will share personal information with companies, outside organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, detect, prevent, or otherwise address fraud, security or technical issues or protect against harm to the rights, property or safety of our users or the public as required or permitted by law.

In case of a sale or asset transfer.
If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of our services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on our website.

An anonymous form for business purposes.
We may share anonymous, non-personally identifiable information publicly and with our partners such as businesses which we have a relationship with, advertisers or connected sites. For example, we may share information to show trends about the general use of our services.

Social Media Widgets
Our website includes social media features, such as the Facebook Like button and Widgets, such as the Share this button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policies of the companies providing them. Our website can also contain some affiliate marketing links but our editorial content is not influenced by merchants nor by affiliate partnerships.

Information security
We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold however no website is entirely secure. You should protect the account information in your possession as well.

Third-Party Sites
Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you on this site. We also do not control the privacy policies and your privacy settings on third-party sites, including social networks.
You should be aware that when you leave our website, whether via a link on our website or otherwise, and enter a third party website, you do so subject to that website’s terms and conditions and privacy policy. We strongly advise you to read the terms and conditions and privacy policies of these third party websites. We will not be held responsible for the practices or the content of such other websites or services and we exclude all liability for any loss or damage suffered by you as a result of your use of the links on our website and/or your access of third party websites.

Enforcement and Dispute Resolution
We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up.

Changes
We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

California Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information was shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: hello@konbini.com.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: hello@konbini.com. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.

 


TERMS OF USE

Effective Date: These Terms of Use were last updated on May 6 2016.

The Konbini.com/us website(s) and service (the “Service”) is operated by Konbini US Inc., c/o Pramex, 1251 Avenue of the Americas, New York, NY 10020, USA (“Company”). By using the Service you are agreeing to be bound by these Terms of Use.
Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.

Use of the Service.
You may use this Service solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. The Service is for entertainment purposes.
You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password. You will be solely liable for any and all use of your account (irrespective of whether such use is authorised by you or not).
The personal information collected by the Company upon your registration for the Service is handled in accordance with Company’s Privacy Policy.

Your License to Company.
The Service may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “User Content”). You hereby grant Company and its users a non-exclusive, irrevocable, perpetual and worldwide license to use, adapt, republish, copy, store, sell, distribute, communicate to the public, perform and distribute your User Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you, as part of the Service or in support of the Service through advertising and marketing.
You represent and warrant that nothing contained within the User Content would require Company to seek permission of a third party in order to use the User Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with User Content if such User Content is published, sold, distributed, or otherwise commercially exploited. You also consent to the doing of (or omitting to do) any acts in respect of the User Content which may otherwise constitute an infringement of your moral rights. Any User Content uploaded to the site will be deemed non-confidential.

Acceptable Use Policy.
Company requires all of its users to be respectful of other people. If you notice any violation of these Terms of Use (including this Acceptable Use Policy) or other unacceptable behavior by any user, you should report such activity to Company.
You are solely responsible for the User Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any content you access from other users of the Service.
The categories of prohibited User Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not User Content is acceptable for the Service and any User Content that, in Company’s sole discretion, is found in breach of these Terms of Use (including this Acceptable Use Policy) or is otherwise unacceptable may be removed from the Service.
Without limitation, you will not post or transmit to other users any User Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual;
- promotes or encourages violence or contains sexually explicit material;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- contains personal information of any party such as phone numbers, addresses, car registration numbers etc;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Company is under no obligation to screen or monitor User Content (unless so required by law), but it may review User Content from time to time, at its sole discretion, to review compliance with these Terms of Use. The Company may include, edit or remove any User Content at any time without notice.
You understand that when using the Service, you will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.
From time to time certain aspects of the Service may involve voting through a variety of mechanisms potentially including web-based and/or mobile voting. Company reserves the right to adjust the outcome of any voting associated with the Service if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, Company will consider the outcome of voting in association with the Service, but may use other factors in addition to voting to determine various aspects of the Service associated with voting.

Termination of Access.
In addition to any right or remedy that may be available to Company under these Terms of Use or applicable law, Company may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, Company may refer any information on illegal activities, including your personal information, to the proper authorities.

The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy.
This Service may contain links to other web sites not maintained by Company. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. Company encourages you to be aware that when you leave the Service, whether via a link on the Service or otherwise, and enter a third party website, you do so subject to that website’s terms and conditions and privacy policy. Company strongly advises you to read the terms and conditions and privacy policies of these third party websites. Company is not responsible for the practices or the content of such other websites or services and excludes all liability for any loss or damage suffered by you as a result of your use of the links and/or third party websites to the maximum extent permissible by law. Despite any links that might exist on the Service, Company does not endorse and is not affiliated with such third parties.

Our Proprietary Rights.
Company or its licensors are the owners or licensees of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to use, copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.

Subject to the limitations in connection with the Non-Excludable Guarantees (as set forth below), the Service, including all content made available on or accessed through the Service, is provided “as is” and Company makes no representations or warranties of any kind whatsoever in connection with the Service or the content on the Service.

Nothing in these Terms of Use shall exclude or in any way limit Company’s liability for fraud, death or personal injury caused by its negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.
Subject to the above (including the Non-Excludable Guarantees for users located in Australia), in no event will Company be liable under or in connection with these Terms of Use for loss of actual or anticipated income or profits, loss of goodwill or reputation, loss of anticipated savings, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
You agree to indemnify Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) User Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Infringement Notice.
Materials may be made available via the Service by third parties not within our control. Company is under no obligation to, and does not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, Company respects the intellectual property rights of others. It is Company’s policy not to permit materials known by it to infringe another party’s intellectual property rights to remain on the Service.
If you believe any materials on the Service infringe third party intellectual property rights, you should provide Company with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
All take down notices should be sent to hello@konbini.com
It is Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the intellectual property rights of others.
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
The failure by Company to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.
Company’s rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.
Contact Information. Should you have any questions please contact hello@konbini.com

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