Privacy Policy
GLOBAL PRIVACY POLICY
Mark J. Kohler (referred to herein as “Mark J. Kohler,” “we,” “us,” and “our”), is strongly committed to protecting your privacy and providing a safe online experience for all of our users and subscribers while offering the highest quality user experience to them. Because we gather certain types of information about and from you, our users and subscribers, in order to fulfill your requests and better serve your needs as business professionals, we feel you should fully understand the terms and conditions surrounding the collection and use of this information. This Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline. Please read the complete Privacy Policy below, as well as our Terms of Use, and contact us if you have any questions.
REVISIONS TO THIS PRIVACY POLICY
Mark J. Kohler reserves the right to change this Privacy Policy from time to time. If we make changes, we will provide notice by revising the date of this Privacy Policy. If we make material changes to this Privacy Policy, we may provide you with additional notice (such as adding a statement to our websites’ homepages or sending you a notification).
WHAT INFORMATION DO WE COLLECT ABOUT YOU?
You can use www.markjkohler.com or any of our other brands or our affiliates’ websites (collectively, the “Website”) without having an account. You can visit the Website, read articles and other materials, browse merchandise, and check on offerings without giving us any personally identifiable information. You can also contact us about a particular video, picture, audio file or other posting without having an account. Certain other activities on the Website, such as posting comments or product reviews and signing up to receive email updates from Mark J. Kohler and our affiliates and partners require you to register for an account and may require that you provide certain personal information such as your name and/or e-mail address. Still other activities, including purchasing products or services through the Website, require you to register for a user account. To register, you must create a user account, which requires you to provide your email address and select a password. The password you select is used to protect your account from unauthorized access. Whether or not you register, in order to provide users and subscribers with the most efficient and enhanced personalized service and attention, we may request information about you in certain circumstances and collect certain information automatically. We may use contact lists and other information that are obtained from third parties. For the convenience of all of our customers and to better serve you, we create and maintain a customer account that includes all the collected personal information we may have with respect to a business. We also maintain a list of contacts that opt to connect with our customers on the customers’ referral landing page. You can update or correct your contact information or change your preferences about receiving offers and information from us at any time, including changing your preferences about sharing information with third parties. This Privacy Policy also applies to your use of any Mark J. Kohler page, platform or application owned, managed or run by a third party, subject to such third party’s applicable policies.
INFORMATION YOU VOLUNTEER
We collect personally identifiable information that you volunteer to us(such as your name, e-mail address, phone number, age, gender,), when you subscribe to, or create an account with, the Website, place an order through the Website (see the section below for more information on subscriptions, account management and orders), or when you provide your information on the landing page for a customer that we market. Website visitors may register to receive our email updates and other marketing. Registration may also be required to purchase products or services through the Website and participate in certain other features made available on our Website. Sometimes registration can be accomplished by submitting only an email address and password. Other offerings may require the submission of additional information. Registration forms will indicate what information is required and what information (if any) is optional.
INFORMATION COLLECTED AUTOMATICALLY
We may also automatically collect certain other information, including but not necessarily limited to, your IP and referring Website addresses, browser type, domain name and Website access times. This information helps facilitate your online experience on our Website. In addition, we use cookies to track usage patterns on our Website and to control the display of ads, as well as to offer other functionalities (such as screening for age, helping to track items in your shopping basket at websites which offer online shopping opportunities, and “recognizing” you to speed up your log-in when you visit our Website). You can turn off cookies, but that will affect your online experience and you may not be able to complete an order or transaction. Please see below for more detail on cookies. We may derive information or draw inferences about you based on the other types of personal data we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing particular products based on your browsing behavior on our website.
WHAT DO WE DO WITH COLLECTED INFORMATION?
We use information you provide to fulfill your requests and improve our Website, products and services. We may, from time to time, produce reports for advertisers, sponsors and vendors containing anonymous, aggregate information about our users and subscribers, such as demographic, age and online usage information. This information allows us to provide content and offers that are most relevant to our users and subscribers and to work more closely with advertisers. We do not include any personally identifiable information of our users in these reports. A user may, at any time, opt out of receiving such information by going to the unsubscribe page and following the instructions on those pages. We also use collected information to respond to any future problems, such as difficulties in navigating the Website or accessing certain features, and to gauge user trends to determine what products and services are most popular with users. Of course, we use personal information to allow you to subscribe online or to make product purchases on our Website. We and our technical and fulfillment agents, partners and consultants follow carefully proscribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements.
HOW DO WE SHARE PERSONAL INFORMATION?
Personal information is available to Mark J Kohler and Subsidiaries. We share your personal information with third parties only as described below.
COMPANY AND ITS AGENTS
Mark J Kohler may access anonymous, aggregate demographic data and any personal information you provide for internal marketing purposes, including sending you notices of sweepstakes winners, new websites, services or products we offer and any other orders. To facilitate subscriptions, catalog requests and orders, Mark J Kohler will cache your order information, and create an authorization with a merchant account (e.g., your credit card company). Website hosting firms, technical and database consultants, advertising agencies, order processing partners, customer service partners and fulfillment firms, including firms assisting us in offering contests, sweepstakes and promotions, may have access to personally identifiable information in the course of making our products and services available. All companies working for and with Mark J Kohler must comply with our privacy policies, and are not permitted to sell your information to third parties or to use it except as authorized by us and you, or as permitted or required by law.
PARTICIPATING VENDORS
We provide leads to our Subsidiary companies that are affiliated with our services. By providing your information you authorize us to provide that information to our affiliated Subsidiary companies. Any time you order services from a participating vendor, that vendor will automatically have all the information related to the order. Mark J Kohler is not responsible for third parties’ respective privacy policies, and we urge you to inquire about their information collection and use practices.
CREDIT CARD COMPANIES
As in any transaction, your credit card company will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction. Mark J Kohler will not otherwise provide any personal data to your credit card company without your permission.
IMPORTANT NOTE
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.
DATA SECURITY, TRANSFERS, AND RETENTION DATA SECURITY
For the reasons and purposes set forth in this Privacy Policy, the personal data that we collect may be transferred to and stored or otherwise processed in the United States and, Canada and other locations. We also transfer personal data to service providers that process personal data for us in the United States, Canada and other locations (as an example, Netlify and ClickFunnels process information for us in various data center locations). While in another jurisdiction for processing, your personal data may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction. These jurisdictions may not provide the same level of data protection as your home jurisdiction.
RETENTION OF PERSONAL DATA
We retain personal data in accordance with applicable law. Unless otherwise required by applicable law, Mark J Kohler will take reasonable steps to destroy or permanently de-identify personal data it holds if such personal data is no longer needed for the purpose for which it was collected.
CHILDREN’S PRIVACY
If you are under 14, you should surf www.markjkohler.com only with involvement of a parent or guardian. Although Mark J Kohler does not specifically direct its website, catalogs or emails to children, Mark J Kohler strives to provide children with as much customer service as possible without violating their privacy rights. For their protection, Mark J Kohler asks that anyone under 14 years of age not attempt to register with Mark J Kohler or otherwise provide Mark J Kohler with any personal information without the consent of a parent or legal guardian.
THIRD PARTY SITES
Please note that our websites contain links to third-party websites that are not controlled or operated by Mark J Kohler. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Mark J Kohler does not accept any responsibility or liability for these policies. Please review these policies before you disclose any personal data when visiting such third-party websites.
YOUR CHOICES
You have certain choices with respect to how we treat your personal data, as described below.
CORRECTION
You may review and modify your account and profile information by logging into your online account at any time. You can also Email us at admin@markjkohler.com and request that we update your account or profile information.
MARKETING COMMUNICATIONS
You may opt out of receiving promotional communications from us by following the instructions in those communications or by logging into your online account and changing your communications preferences. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
LOCATION DATA
When you first launch any of our mobile applications that collect precise location information, you will be asked to consent to the application’s collection of this information. If you initially consent to our collection of this location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our mobile applications, or certain features thereof, may no longer function properly.
COOKIES
Like many websites, Mark J Kohler uses “cookies” to analyze visits to our website and help us improve our website and services, remember items in your shopping cart, or recognize you when you return to the website. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Please follow your browser’s process for doing so. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites. You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser settings. Please note, however, that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website. We also work with other companies who use tracking technologies, including web beacons, to serve ads on our behalf across the internet. These companies may collect non-personally identifiable information about your visit to our website about your interaction with our communications, including advertising and emails. If you object to web beacons, we recommend that you follow the instructions for deleting existing cookies and disabling future cookies. We will still know how many of our emails are opened and we will automatically receive your IP address, a unique identifier for your computer or other access device but we will not identify you as an individual.
WEB PIXELS
Some pages on the Website may contain electronic images known as web pixels, which are also called “single-pixel gifs.” These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include web pixels in promotional e-mail messages or newsletters in order to count how many messages have been opened and acted upon. Web pixels are not used to access your personally identifiable information, but they are a technique we use to compile aggregated statistics about our Website usage. Web pixels collect only a limited range of information, including the time and date of page view, cookie number and description of the page on which the web beacon resides. Some of our web pages may also contain web pixels placed there by our advertising partners to help us determine the effectiveness of our advertising campaigns.
SECURITY OF YOUR PERSONAL INFORMATION
We use Secure Sockets Layer (SSL) technology to encrypt important information, such as your credit card data, in an effort to prevent unauthorized access during transmission of your orders over the Internet. We incorporate standard industry practices internally and with our service providers, which we believe suits the degree of sensitivity of the information involved to maintain the security of your personal information and to avoid its disclosure except as described in this Privacy Policy. Your personal information may also be protected by the password you created when you registered for a user account at our Website. The confidentiality of any password is yours to protect. You may change it at any time by following the instructions on the Website where you registered. Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to personal data to those Mark J Kohler employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis. Remember, however, that any personal information you post in comments, product reviews or elsewhere on the Website is available to anyone.
OPT OUT / UNSUBSCRIBE
You may request to stop receiving communications from Mark J Kohler at any time. You can choose to cancel emails only, snail mail only or both by emailing us at admin@markjkohler.com. Also, all emails you receive will provide you with information as to how to get off the email mailing list if you so desire. It takes some time to put opt-outs in effect so you may still receive catalogs or emails from Mark J Kohler for several weeks after your request is received. You may also request to opt-out of Mark J Kohler retaining your personal data by emailing us at admin@markjkohler.com.
CHANGES IN CORPORATE STRUCTURE
In developing our business, we may engage in the sale of certain assets and the company itself, or parts of it, may be sold, merged or otherwise transferred. In such transactions and changes in ownership, user information, whether personally identifiable or otherwise, may constitute one of the transferred assets. Mark J Kohler will notify affected users in accordance with the procedure for changing this Privacy Policy described below.
VISITORS AND SUBSCRIBERS OUTSIDE THE UNITED STATES
Our Website and the servers that make the Website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to the Website. Any information you provide in subscribing to our Website, providing information to provide to our customers, or registering or ordering at our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing and use.
UPDATES TO PRIVACY INFORMATION
Please review the site periodically to see any updates to the information provided here. This privacy policy was last updated on September 10, 2020.
INFORMATION FOR CALIFORNIA CONSUMERS: YOUR CALIFORNIA PRIVACY RIGHTS ADDITIONAL DISCLOSURES RELATED TO COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose the following information with respect to our collection, use and disclosure of personal data. Categories of Personal Data Collected: In the preceding 12 months, we have collected the following categories of personal data: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet and electronic network activity, geolocation data, audio and visual information, inferences drawn about your preferences, and other categories of personal data that relates to or is reasonably capable of being associated with you. For examples of the precise data points we collect, please see “Collection of Personal Data” above. Business or Commercial Purpose for Collecting and Using Data: We collect personal data for the business purposes described in the “Use of Your Personal Data” section above. Categories of Sources of Personal Data: We collect personal data from you and the sources described in the “Personal Data We Collect From Other Sources” section above. Categories of Personal Data Disclosed: In the preceding 12 months, we have disclosed the following categories of personal data for business or commercial purposes: identifiers, internet and electronic network activity information, commercial information, audio and visual information, geolocation data, demographic information, inferred information, and other information that we have derived or inferred about you or that relates to or is reasonably capable of being associated with you. Categories of Third Parties With Whom We Share Personal Data: We may share your personal data with the third parties as described in the “Disclosure of Personal Data” section above. Sale of Personal Data: Mark J Kohler does not sell your personal data.
YOUR CALIFORNIA CONSUMER RIGHTS
California consumers have the right to request access to their personal data, additional details about our information practices and deletion of their personal data (subject to certain exceptions). California consumers also have the right to opt out of sales of personal data, if applicable. We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal data. We will not discriminate against you if you choose to exercise your rights under the CCPA. Right to Know: You may request access to the specific pieces of personal data we have collected about you in the last 12 months. You may also request additional details about our information practices, including the categories of personal data we have collected about you, the sources of such collection, the categories of personal data we share for a business or commercial purpose, and the categories of third parties with whom we share your personal data. You may make these requests by emailing admin@markjkohler.com. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security. Deletion: You may request that we delete the personal data we have collected about you. Please note that we may retain certain information as required or permitted by applicable law. You may make these requests by emailing admin@markjkohler.com. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to deleting your data in order to protect your privacy and security. If you request to delete your personal data, certain of our products and services may no longer be available to you. Personal data will be processed and stored by Mark J Kohler for the duration of the sales contract and thereafter, for the duration of any statute of limitation of any action legal right or action that may be lodged by any of the parties against the other. Any other processing of your personal data will be made only with your prior written consent. Mark J Kohler will not provide any of your personal data to any third party without your prior written consent.
PERSONAL DATA PROCESSED FOR MARKETING PURPOSES
If you opt to connect a subsidiary of ours, you will receive information relating to other their products/services, Mark J Kohler will collect certain personal data such as contact details and product preferences which are necessary for selecting and sending you relevant information.
TRANSPARENCY REQUIREMENT
If Mark J Kohler does not take action when you exercise your right to object, access, or rectify, Mark J Kohler will inform you without delay and, at the latest, within one month of receipt of your request, of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
SECURITY
Mark J Kohler implements appropriate technical and organizational measures to ensure your personal data are adequately protected. In particular, our website’s bunker security system is armed with a sentry system to monitor activity and prevent any unauthorized disclosure of credit card numbers or other personal information. In addition, we utilize a licensed system for credit card authorization and fraud detection. We use industry standard SSL (Secure Sockets Layer) encryption to protect the confidentiality of your personal data stored in our information system. Your personal data are stored and processed within the information system of Mark J Kohler, operated only by Mark J Kohler. In case Mark J Kohler decides to subcontract all or part of the processing/storage of your personal data, Mark J Kohler shall impose to its subcontractor security obligations at least as strict as those described in the present section. Any subcontractor of Mark J Kohler shall have no right to subcontract any right or duty agreed upon with Mark J Kohler, except with the prior written consent of Mark J Kohler.
NOTIFICATION OF PERSONAL DATA BREACH
“Personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed by Mark J Kohler. In case of breach of your personal data, Mark J Kohler shall notify such data breach without delay to the relevant Supervisory Authority in the EU. In addition, when the personal data breach is likely to result in a high risk to the rights and freedoms of its EU Customers or prospects, Mark J Kohler shall inform you of the personal data breach without undue delay.
APPLICABLE LAW
This Privacy Policy shall be governed by the law of the country where we will deliver you the products/services you order from Mark J Kohler. Any litigation relating to the enforcement of such Privacy Policy shall be of the jurisdiction of the supervisory authority of the country where Mark J Kohler delivers you the product/service sold.
