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PRIVACY POLICY

 

Last updated: 1 May 2019

 

ABOUT THIS POLICY

King Living Inc. (“King Living”, “us”, “we” or “our”) values and respects your privacy and is committed to protecting it through our compliance with this privacy policy (the “Privacy Policy”).

The Privacy Policy explains our privacy practices for collecting, using, storing and disclosing information, including Personal Information (as defined below), that we may collect from you or that you may provide. This Privacy Policy applies to our information collection practices in our stores, on our website www.kingliving.ca, including any of its subdomains (the “Website”), and through interactions with King Living online, by telephone or in writing. (collectively with the Website, the “Communication Mediums”). This Privacy Policy does not apply to websites and services that are offered, owned or operated by third parties. We are not responsible for the actions of any third parties, the use of information you provide to them or any products or services that they may offer. The term “your device” shall refer to any computer, tablet, smart phone or other device you are using to access our Website.

 

 

CONSENT

By providing information, including Personal Information, to King Living, you consent and agree that King Living may collect this information and you consent to the use, storage and disclosure of this information: (i) in accordance with the Privacy Policy, (ii) as may be further identified at the time of collection, and (iii) as otherwise permitted or required by law. You also consent to the use of automatic data collection methods described in this Privacy Policy by your continued use of the Communication Mediums. Subject to any legal, contractual, or other requirements, you may refuse, or withdraw, your consent to certain of the purposes identified herein at any time by contacting King Living’s Privacy Officer at the address set out below. If you refuse to provide us with, or withdraw, your consent, you acknowledge that King Living may not be able to provide you, or continue to provide you with, certain products, services or information which may be of value to you.

 

 

REVISIONS TO THE PRIVACY POLICY

King Living reserves the right, in its sole discretion, to revise, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. If we make material changes, we will publish all updates to our Privacy Policy on our Website and change the date at the top of the Privacy Policy to indicate when the updates were made. We encourage you to review this Privacy Policy periodically. Each time you submit information to us, visit our stores, or use the Communication Mediums, you agree to be bound by the Privacy Policy in place at the time and any subsequent amendments thereto.

 

 

INFORMATION WE COLLECT

King Living may collect several types of information (which includes information about you or that you provide). The information we collect depends on the nature of your interaction with us through your use of our Communication Mediums and your visits to our stores. The information we may collect includes:

(a) Personal Information “Personal Information” means information about an identifiable individual, other than his or her business contact information. We may collect Personal Information including but not limited to:
  • our name, birth date, gender, age, address, telephone number and email address;
  • transaction information, which includes your method of payment, credit or debit card information, products purchased;
  • opinions and preferences, which includes your product wish list, language preferences, communication to us and details that will help us develop and stock products and services that may appeal to you;
  • purchase history and patterns, which includes details regarding our products that you own;
  • location information, which includes information allowing us to assist you in finding the nearest store;
  • registration information obtained when you register for an account or use your account on our Website;
  • employment-related information for when you apply for an employment opportunity, such as your resume, cover letter or similar employment-related material;
  • delivery and shipping information obtained to allow us to fulfil any orders or purchases;
  • technical information about you, which includes your IP address and your browsing history on the Website; and
  • any other personal information you may provide.
 
(b) Other Information “Other Information” means information that does not identify you as an individual. We may collect other information including but not limited to:
  • certain non-personal information when you visit our Website, which includes the type of browser you are using or the URLs of the websites you were at before you visited our Website;
  • anonymous information collected by our Website server, known as click-stream data;
  • anonymous information on our Website activity, which includes top pages viewed, the number of pages viewed, the number of sessions, and most popular session times; and
  • information collected and summarized in a non-personal, aggregate format for statistical and research purposes.

 

HOW WE COLLECT INFORMATION

King Living may collect information in a variety ways, including:

 

(a) Information You Provide To Us: The following are examples of when we collect information that is provided from you:

  • in store or through your use of our Communication Mediums;
  • through the registration of or use of your account on our Website;
  • in connection with an order, purchase or return of a product or service from us in store or through our Communication Mediums;
  • when you ask us for a quote;
  • when you contact us, includes any records and copies of your correspondence;
  • when you subscribe for a newsletter;
  • when you participate in a contest, competition, promotion, program or survey in store or through our Communication Mediums;
  • when you upload or share information, a photo or other digital content through our Website or via social media interactions on third party websites like Facebook or Twitter; and
  • when you apply or inquire about employment or submit a job application (e.g. resume or cover letter).

 

 

(b) Information Collected Automatically or by Technologies: We may use various types of technologies, tracking tools or methods to collect information over time and across different websites about you or your usage of the Communication Mediums. Such technologies, tracking tools or methods to collect information may be automated and include:

  • “Cookies” (or browser cookies). A Cookie is a small file that our web server may send to and stored on your device when you visit our Website. When the Cookie is stored on your device, it helps us to recognize you when you re-visit our Website and to co-ordinate your access to different pages on our Website. You may refuse to accept Cookies by activating the appropriate setting on your browser, erase or block Cookies from your device, or receive a warning before a Cookie is stored. However, if you decide to refuse to accept, block or erase Cookies on your device, you may be unable to access certain parts of the Website.
  • Our Website. Through your use of our Website, we may collect the IP address, click-stream data or any information to assist us in determining how our Website is used and navigated, including but not limited to the number of hits, the frequency and duration of visits, and most popular session times. We may use the information collected to evaluate and improve our Website performance.
  • Website Tracking Tools. We may use various tracking tools such as web beacons or page tags to recognise you each time you visit our Website, to evaluate the effectiveness of our online marketing, to track the web pages you visit and determine what you look at on our Website. Generally, we do not collect Personal Information automatically, however we may link non-personal information to Personal Information about you that we collect from you or other sources.

 

 

(c) Information Collected from Other Sources: We may collect information about you from other sources, including:

  • third parties that assists us in updating, analyzing or supplementing our information;
  • joint marketing partners, public databases or social media platforms; and
  • people with whom you are friends. To maintain the accuracy of the information we collected and to help us provide better service to you, we may from time to time supplement information you give us with information from other sources. Further, we only collect the information that we reasonably require to deliver products or services and information to you.

 

 

USE OF INFORMATION

King Living may use your information, including Personal Information, for business, administrative, analytical, research, optimization, security and other purposes, including, without limitation, the following purposes:

  • to present the Website and its contents to you;
  • to fulfill any purpose for which you provide your information;
  • to provide, maintain and improve our products and services;
  • to advertise and market our products and services;
  • to conduct marketing, including promotional activities such as sending newsletters;
  • to process and fulfill any orders or purchases;
  • to address any warranty claims relating to our products;
  • to communicate with you and respond to customer service inquires;
  • to evaluate our Website performance and to improve the content we display to you;
  • to operate, evaluate and improve our business; and
  • for any other uses we may disclose to you or that is otherwise provided for or required by law.

 

 

DISCLOSURE OF INFORMATION

We may share information about you as follows, or as otherwise described in this Privacy Policy:

  • to our corporate group, which includes our subsidiaries and affiliates;
  • to our employees, contractors, service providers, and other third parties we use to support our business or perform services on our behalf;
  • for the purposes for which it was collected, such as those described in this Privacy Policy;
  • where you have consented;
  • to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • for direct marketing by King Living, provided that you are given the opportunity to opt out of or unsubscribe to such direct marketing material;
  • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of King Living’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
  • to enforce or apply our Terms of Service [link to the Terms of Service] and other agreements, including for billing and collection purposes; and
  • for any other purpose described by us when the information is collected.

We may share, disclose or use public aggregate or de-identified information derived from Personal Information, without restriction, as long as such information does not identify you or any other individual. If third parties have access to information we collect, such parties are expected to agree to store and manage that information on terms consistent with this Privacy Policy and in compliance with applicable laws.

 

 

SPECIAL CONDITIONS REGARDING INFORMATION FOR DELIVERIES

Without limiting the generality of any other sections herein, this section 8 apply specifically when you place an order with us. In providing us with Personal Information concerning another individual (e.g. name, email address or physical address), you represent and warrant that you have obtained all necessary consents from that individual to enable us to use the provided Personal Information for the identified purpose in this section.

 

 

(a) When you place an order with us, you may nominate individuals to have “Full Access” to your order, these individuals include:

  • the “Primary Contact” for the order;
  • the “Secondary Contact” for the order, who we will contact if your Primary Contact is unable; and
  • any further individuals who you nominate to have Full Access to your order.

 

(b) An individual who has Full Access to your order is entitled to:

  • obtain information from us about your order, specifically the number, types and colours of products, and the price of your order;
  • obtain information from us regarding the date, time and location for delivery of your order; and
  • change the date, time and/or location for delivery.

 

(c) Any individual who is nominated by you to have Full Access may further nominate and provide us contact information of another individual who can be contacted to confirm the date, time and location for delivery of your order, if he or she will be unavailable to accept delivery, and this further individual shall be treated as a Delivery Contact.

 

(d) When you place an order with us, you may also provide the name and contact information of a “Delivery Contact”. We will only contact the Delivery Contact to confirm the date, time and location for delivery of your order. We will not provide the Delivery Contact with any of your Personal Information or information relating to your order, other than your name and order number. Further the Delivery Contact cannot:

  • request information regarding your order, other than the date, time and location for delivery;
  • make any payments to King Living on your behalf;
  • change any of the order details, including the products comprising the order; or
  • change the date, time or location for delivery of your order.

 

(e) If you place an order with us and are a registered designer, you may nominate either: 

  • the recipient of the order; or
  • another individual as a Delivery Contact and we will only contact either of these individual to confirm the date, time and location of delivery. We will not contact any of these individuals without first obtaining your consent. Any recipient or individual nominated by you will not be:
  • able to change the date, time or location for delivery, unless you first provide us with your consent;
  • able to change any other details of the order; • provided with any of your Personal Information; and
  • provided with any information about the order, such as the price or products, other than the date, time and location for delivery. Registered designers are those interior designers and architects that have been approved and included on King Living's list of designers.

 

(f) If you place an order with us through an non-individual entity (such as a company or society), we will require the details of such entity’s authorized officer when you place the order and require such authorized officer to be your Primary Contact.

 

(g) For the purposes of this section 8, only you or individuals who have Full Access may change their own phone number. If the change is requested over the telephone, we have full discretion to decide whether to make such change.

 

 

RETENTION OF INFORMATION

(a) How We Protect Information King Living takes security of your information very seriously. We strive to maintain appropriate safeguards and updated security standards to protect your Personal Information, whether in physical form or captured electronically, against unauthorized access, disclosure, or misuse. Our safeguards also apply to the destruction or disposal of your Personal Information. However, while we attempt to ensure the integrity and security of our network and systems, we cannot ensure or warrant that your information will be protected against, loss, misuse, or alteration by third parties. Any transmission of information, including Personal Information, or use of the Website is at your own risk.

 

(b) Where We Keep Information King Living stores information for marketing use in multiple message transfer agents, placed in different world-class data centers around the United States. Website and non-marketing data is stored in locations around the world. Some of our product suppliers and IT service suppliers are located overseas. Therefore, to allow us to conduct our business, your Personal Information may be stored, transferred and accessed outside of Canada in which case it may be subject to the laws of that foreign jurisdiction. By providing your information to us and choosing to use our Communication Mediums, you are consenting to the transfer of your Personal Information to locations that may be outside of Canada, and understand that your information may be stored, accessed and processed in accordance with the laws in that foreign jurisdiction. At any time, you may contact King Living’s Privacy Officer at the address set forth below in the Contact Us section for further details about how and where your Personal Information may be stored.

 

(c) How Long We Keep Information Your Personal Information is retained for as long as it is necessary to fulfill the purpose for which it was collected and in accordance with applicable laws.

 

 

10. ACCESSING AND CORRECTING YOUR INFORMATION

King Living acknowledges that you have a general right of access to your Personal Information and to have any inaccurate information corrected. Upon your written request to King Living’s Privacy Officer at the address set forth below section, subject to certain exceptions provided by law, we will inform you of the existence, use and disclosure of your Personal Information and provide you access to that information. Additionally, if you have any questions relating to our privacy practices, or if you believe that the Personal Information that we hold about you is not accurate, complete or up to date you may write to King Living’s Privacy Officer.

 

 

11. LINKS TO THIRD PARTY SITES

From time to time we may include links to third party websites on our Website, which may include a third party provider of finance for your purchase of products or services from King Living. These links are published by us only as a convenience to you. If you click on one of those links, you will leave our Website and be taken to a website that we do not control. This Privacy Policy does not apply to the information practices of those websites. Prior to use, we advise that you should review the privacy policies of such third party websites carefully. King Living is not responsible for any of these third party websites, the actions of any third parties, the use of information you provide to them or any products or services that they may offer you.

 

 

12. INTEREST BASED ADVERTISING

King Living may work with third party providers by collecting and sharing information about your activities through our Communication Mediums to provide you with advertising tailored to your individual interests. An example of the information collected includes information about your visits to our Website, such as the pages you have viewed. What this means is that you may see advertising through our Communication Mediums that are tailored to how you engage, browse or shop, or you may see advertising for King Living on other entities’ websites or social media based on information about your online activity collected by us or third parties. For further details regarding interest based advertising, you may contact King Living’s Privacy Officer at the address set forth below in the Contact Us section below.

 

 

13. DO NOT TRACK OPTION

Certain web browsers have a “Do Not Track” feature that lets you inform websites that you do not want your activity to be tracked. We currently do not respond to such “Do Not Track” signals.

 

 

14. MINORS

Generally, King Living does not knowingly collect Personal Information from persons who are not at least the age of majority in his or her province or territory of residence. Nor does King Living target the Website to such persons. King Living encourages parents and guardians to take an active role in their children’s online activities and interests. If King Living determines that Personal Information has been provided by a person who is not at least the age of majority in his or her province or territory of residence, King Living will delete that information as soon as practical unless such deletion is inappropriate given the context (e.g. loss prevention, fraud and other investigative purposes). If you become aware that such Personal Information has been provided by a person who is not at least the age of majority in his or her province or territory of residence, please submit a written request to King Living’s Privacy Officer at the address set forth below in the Contact Us section so that the information may be deleted. By using the Website, you represent that you are at least the age of majority in your province or territory of residence.

 

 

15. KING LIVING EMPLOYEES, CONTRACTORS AND APPLICANTS

Please note that when you are an employee, contractor or service provider, or use our Website to apply for a job at King Living, additional terms and conditions (including privacy terms) relating to the collection, use, storage or disclosing of Personal Information may apply in your employment or service agreements, or application. This Privacy Policy does not apply to the collection, use, storage or disclosing of Personal Information contained in the employee records of present and former employees of King Living.

 

 

16. MARKETING COMMUNICATION FROM KING LIVING

We will contact you or send you emails only if you have provided us with your contact information or email address and have asked us to communicate with you this way. For marketing emails and mailings, we will only communicate with you if you have provided your consent for us to do so. If you prefer to opt out or unsubscribe from receiving our marketing communication, whether by email or otherwise, please contact us at [email protected]. Please note that if you opt out of receiving marketing communication from us, we may still send you transactional communications, including emails about your account, orders or purchases.

 

 

17. DISPUTE RESOLUTION

This Privacy Policy, and any dispute in connection therewith, shall be governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein. By providing information, including Personal Information, to King Living and choosing to use the Communication Mediums, you agree that the courts of British Columbia will deal with any disputes which may arise in connection with this Privacy Policy.

 

 

18. CONTACT US

We welcome questions and comments about this Privacy Policy. Requests to access, update or correct inaccuracies to your Personal Information should be directed to King Living’s Privacy Officer at:

 

King Living

Attention: Privacy Officer

3097 Granville Street

Vancouver, B.C. V6H 3J9

Canada

e-mail [email protected]

 

We will respond to your request to access, update or correct inaccuracies in your Personal Information as quickly as we can, but no later than 30 days from the date of receipt of your query, unless otherwise permitted by law.

Please also contact King Living’s Privacy Officer at the above address if you (i) have any questions regarding how we collect, manage and store your information, (ii) wish to receive a hard copy of this Privacy Policy, or (iii) wish to make a complaint about our privacy practices.

With regards to any complaints received by King Living’s Privacy Officer, it is our goal to investigate and resolve all complaints promptly after receiving a complaint.