Privacy Policy

KOBOLD Instruments, Inc. ("KOBOLD", "we" and/or "our") has prepared this privacy policy (this "Privacy Policy"), to provide visitors to our website important information about the personal data we collect, use, transfer, and/or process in the course of operating this website (the "Site").

In this Privacy Policy, you will find information about the types of personal data we collect regarding you as a visitor and/or user of this Site, how and why we process such personal data, with whom we may share such information, as well as how we protect your information.

1. SITE OPERATOR

KOBOLD Instruments, Inc. is the operator of the Site, is the responsible party for the privacy practices set forth herein, and, where applicable, may be considered the party that determines the means and purposes of data processing of the personal data described herein.

You may contact us as follows:

2. WHAT PERSONAL DATA WE COLLECT

Your "Personal Data" is any information that identifies or is linked or reasonably linkable, directly or indirectly, to you. As more specifically detailed below, we collect information directly from you, including by email, online forms, and phone, automatically from you, and from our third-party service providers.

1. Personal Data You Give Us
   We collect and maintain information that you provide to us when you contact us via one of our online forms, phone, email, or social media, purchase a product or service, sign up for our newsletter, or use our Site, including:
   • Identification Data. Direct personal identifiers, such as your name, email address, phone number, or address and indirect identifiers like your company and city and state.
   • User-Generated Content. Content information, such as testimonials, comments, and the body of your message, collected through your use of contact and RFQ forms or through phone calls and emails.
   • Purchase Data. Product history and intent, such products previously purchased or interested in, date of the purchase or request for information, and payment type, collected through your use of contact and RFQ forms or through phone calls and emails.
2. Personal Data Collected by Automatic Means
   We use technology to automatically collect other Personal Data about you and your devices when you use our Site. For more information, see Section 6 (Cookie Policy) below. This Personal Data helps our Site work correctly and supports our marketing and analytics efforts. This Personal Data includes, but is not limited to:
   • Device and Online Identifiers. Information about the device you are using, such as device identifier of the equipment you use to access the Site, hardware model, IDFAs and AAIDs, IP address, and operating system. We may also associate the information we collect from your different devices, which helps us provide consistent services across your devices.
   • Usage Data. Information about your interaction with the Site or our emails, such as the pages you access on the Site, the frequency of access, what you click on, referring URL, traffic data, and when you accessed the Site.
   • Non-precise Geolocation Data. Imprecise information about your location, which may be inferred through your device’s IP address.
   • Clickstream Data. We may record what you have clicked while on the Site. This data can tell us the address of the webpage from which you linked to our Site, and where you are clicking to when you leave our Site.
   • Social Media Platforms and Networks. The Site may include social media features and plugins, such as Instagram and Facebook widgets. These plugins may use cookies or other tracking technologies to collect information. Such social media features are hosted by third parties and your interactions with those features are governed by the privacy notices of the companies that provide them.
3. Personal Data Collected from Other Sources
   From time to time, we may collect Personal Data about you from third parties, including:
   • Affiliates or Distributors. such as those that sell or distribute our Products in certain regions or engage in joint marketing or advertising activities.
   • Publicly available sources. such as data in the public domain and through widely available media sources.
   • Service providers. such as those who offer performance services on our behalf for advertising, analytics, delivery, data augmentation, data sourcing, fulfillment, fraud prevention and security, cybersecurity, and other related services.
4. Collection of Sensitive Personal Data
   We do not collect, process, or transfer any "sensitive personal information" as defined under the California Consumer Privacy Act ("CCPA").

3. HOW WE USE THE PERSONAL DATA WE COLLECT

We may use, process, and/or disclose the information we collect for our business purposes, including to:

• Operate, maintain, and improve the Site;
• Respond to your RFQs and other inquiries;
• Fulfill orders initiated by you for products or services;
• Contact you;
• Improve and personalize our products and services;
• Send and improve our newsletter, marketing communications, and content;
• Statistically analyze and forecast the usage of our Site and purchase of our products and services;
• Detect, prevent, and address technical issues, security threats, and fraud;
• Resolve disputes and investigate problems;
• Comply with our terms and conditions and applicable laws and regulations; and
• Meet other administrative and business needs.

4. HOW WE DISCLOSE YOUR PERSONAL DATA

We may disclose your Personal Data in the following circumstances:

1. With Your Consent
   We may disclose or make available your Personal Data with your consent, which may be obtained in writing, online, through "click-through" agreements, indicated when you choose to submit Personal Data through the Site, when you accept our terms for our Site, orally (including over the phone), or by other means.
2. With Service Providers and Business Partners
   We may disclose or make available your Personal Data with third parties, such as affiliates, service providers, distributors, credit / debit card processing partners, partners that facilitate billing and customer service, third-party auditors and law firms, marketing and advertising networks (including those that provide ad measurement services), internet service providers, data analytics providers, companies that help debug, identify and repair errors that may impair the functionality of our Site, and third parties that help protect against malicious, deceptive, fraudulent, or illegal activity. For more information on third party disclosures, see Subsection 6(b) (Third-Party Service Providers) below.
3. In Exigent Circumstances
   In addition to the disclosures set forth above, we will disclose Personal Data about you: (1) if we are required to do so by law or legal process, (2) to law enforcement authorities, judiciary or other government officials, (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or actual illegal activity, (4) if necessary to protect the vital interests of any person.
4. In Case of a Business Transaction
   In the event that all or a portion of the Company or its assets are acquired by or merged with a third-party as part of a business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets or in the unlikely event of insolvency, bankruptcy, or receivership, Personal Data that we have collected from users would be one of the assets transferred to or acquired by that third-party.
5. Notice of Sale and Sharing
   We NEVER disclose your Personal Data to a third-party for money. However, we do disclose your Personal Data to third parties for our benefit, such as for website analytics purposes to determine how the website is performing and to present you with relevant advertising based on your interests. Depending on where you live, this may be considered a "sale" of your Personal Data. For more information about how you can exercise control over your Personal Data, including any opt-out rights, see Section 11 (Your Privacy Rights and Choices).

5. HOW WE PROTECT YOUR PERSONAL DATA

1. Data Retention
   Subject to your rights in Section 11 (Your Privacy Rights and Choices), we retain your information for the time period reasonably necessary to achieve the purposes described in this Privacy Policy, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law. We may also retain personal information for longer periods where there is a reasonable basis for retaining such data, including without limitation in connection with the establishment, exercise, or defense of legal claims.
2. Data Security
   We use commercially reasonable efforts to meet industry standards to safeguard the confidentiality of your Personal Data. Unfortunately, it is impossible to absolutely guarantee the security of data transmission over the Internet or any wireless network. Therefore, although we take such commercially reasonable measures to protect your information, we cannot ensure the security of any information you transmit to us or from online services and you do so at your own risk.

6. COOKIE POLICY

1. Cookies
   

   In some instances, this Site and its pages use so-called "cookies". The purpose of cookies is to make our Site more user friendly, effective, and more secure. A cookie is a small text file that is placed on your computer and stored by your browser.

   We use two types of cookies on our Site: session cookies and persistent cookies. Session cookies are automatically deleted after you leave our Site. Persistent cookies will remain archived on your device until you delete them. These cookies enable us to recognize your browser the next time you visit our Site.

   We use cookies and similar tracking technologies to:

   • Make sure the Site functions as it should;
   • Analyze how our Site and online services are performing (for example to understand how people arrive at and use our Site so that we can make it more intuitive); and
   • Track the activity on our Site to ensure everyone who uses our Site has the best possible experience.

   You can adjust the settings of your browser to refuse all or some browser cookies or to alert you when a cookie is being sent. However, if you do not accept cookies, you will not be able to use some portions of our Site.

   For clarity, cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your desktop or laptop browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. You may also have to renew this choice if you clear your cookies, or your browser is set to clear cookies automatically.

2. Third-Party Service Providers
   

   We collect Personal Data using third-party trackers, including Google Analytics, tags, web beacons and scripts to help us understand how the Site is accessed and used, such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Site that you visit, when you visited, and other diagnostic data.

   Third-party service providers have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Your interaction with these features is governed by the privacy policy of the third-party companies providing it.

   1. Google Analytics
      

      Our Site uses functions of the web analysis service Google Analytics. The provider of this service is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses cookies. Personal Data generated by cookies on your use of our Site is usually transferred to a Google server in the United States, where it is stored.

      Browser plug-in

      You do have the option to prevent the archiving of cookies by making pertinent changes to the settings of your browser software. However, please note that you may not be able to use all of the functions of this Site to their fullest extent if you elect to not allow cookies to be set. Moreover, you have the option prevent the recording of the data generated by the cookie and affiliated with your use of the Site (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en .

      Objection to the recording of data

      You have the option to prevent the recording of your data by Google Analytics by clicking on the following link. This will result in the placement of an opt out cookie, which prevents the recording of your data during future visits to this website: Google Analytics deactivation.

      For more information about the handling of user data by Google Analytics, please consult Google’s data privacy declaration at: https://support.google.com/analytics/answer/6004245?hl=en .

      Google Analytics Remarketing

      Our Site uses the functions of Google Analytics Remarketing in combination with the functions of Google AdWords and Google DoubleClick, which work on all devices. The provider of these solutions is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

      This function makes it possible to connect the advertising target groups generated with Google Analytics Remarketing with the functions of Google AdWords and Google DoubleClick, which work on all devices. This makes it possible to display interest-based customized advertising messages, depending on your prior usage and browsing patterns on a device (e.g., cell phone) in a manner tailored to you as well as on any of your devices (e.g., tablet or PC).

      If you have given us pertinent consent, Google will connect your web and app browser progressions with your Google account for this purpose. As a result, it is possible to display the same personalized advertising messages on every device you log into with your Google account.

      To support this function, Google Analytics records Google authenticated IDs of users that are temporarily connected with our Google Analytics data to define and compile the target groups for the ads to be displayed on all devices.

      You have the option to permanently object to remarketing / targeting across all devices by deactivating personalized advertising in your Google account. To do this, please follow this link: https://www.google.com/settings/ads/onweb/ .

      The consolidation of the recorded data in your Google account shall occur exclusively based on your consent, which you may give to Google and also revoke there.

      For further information and the pertinent data protection regulations, please consult the data privacy policies of Google at: https://policies.google.com/technologies/ads?hl=en .

   2. YouTube Embedded Video
      

      Our Site uses plug-ins of the YouTube platform, which is being operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

      As soon as you start to play a YouTube video on our Site, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our Site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

      Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device. With the assistance of these cookies, YouTube will be able to obtain information about our Site visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the Site and to prevent attempts to commit fraud. These cookies will stay on your device until you delete them.

      Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.

      For more information on how YouTube handles user data, please consult the YouTube data privacy policy under: https://www.youtube.com/howyoutubeworks/our-commitments/protecting-user-data/ .

   3. Jotform Inc.
      

      Our Site uses the functions of Jotform Inc. ("Jotform"), a third-party form building service, to host, collect, and manage our webforms and any submissions we receive to such webforms. When you submit information through our webforms, your Personal Data is transmitted to and stored securely by Jotform on our behalf. Your Personal Data is protected in accordance with Jotform’s security practices and privacy policy, which you can review at: https://www.jotform.com/privacy/.

      By submitting a form on our Site, you consent to the collection and processing of the submitted Personal Data by both KOBOLD and Jotform as our service provider.

   4. Calendly, LLC
      

      Our Site uses the functions of Calendly, LLC ("Calendly"), a third-party scheduling platform, to facilitate and manage appointment bookings through our Site. When you schedule a meeting using our Calendly links or embedded forms, the information you provide (such as your name, email address, and selected time slot) is submitted directly to Calendly and stored on their servers. Your Personal Data is handled according to Calendly’s Privacy Policy, which can be reviewed here: https://calendly.com/legal/privacy-notice .

      By booking an appointment through Calendly, you consent to the collection and processing of your submitted Personal Data by both KOBOLD and Calendly as our service provider.

   5. Constant Contact, Inc.
      

      We use the functions of Constant Contact, Inc. ("Constant Contact"), a third-party email marketing platform, to manage and distribute our email communications, including newsletters, announcements, and marketing campaigns. When you subscribe to our newsletter or otherwise provide your email address for communication purposes, your information is securely transmitted to and stored by Constant Contact on our behalf. Your Personal Data is handled in accordance with Constant Contact’s security practices and privacy policy, which can be reviewed at: https://www.constantcontact.com/legal/privacy-notice .

      By subscribing to our newsletter, you consent to the processing of your Personal Data by both KOBOLD and Constant Contact as our service provider.

      You may opt out of receiving our emails at any time by using the "unsubscribe" link included in each message.

   6. ZoomInfo Technologies LLC
      

      We use the functions of ZoomInfo Technologies LLC ("ZoomInfo"), a third-party business-to-business (B2B) data provider, to access and manage professional contact information and company insights for legitimate business development and marketing purposes. ZoomInfo provides publicly available or licensed business contact information (such as name, job title, company, business email, and phone number) to help us identify and engage with potential customers, partners, or other business contacts.

      For more information on how ZoomInfo collects, processes, and protects personal data, please see their privacy policy: https://www.zoominfo.com/legal/privacy-policy . If you would like to know whether your Personal Data is in ZoomInfo’s database or to request its removal, you should contact ZoomInfo directly.

   7. Trackers Used on Our Site
      

      We use a variety of cookies and similar technologies to improve site functionality, analyze traffic, and support marketing efforts. For transparency, our current list of cookies and trackers is available in our Cookie Declaration, which is updated automatically as our website changes.

7. JURISDICTION

1. KOBOLD Instruments, Inc. is in the United States.
   We process Personal Data as described above in our home country, the United States of America. The Site is not targeted towards, nor is the Site intended for use by, users outside of the United States of America, Canada, Mexico, or Brazil (collectively, “our Territories”). KOBOLD does not represent or warrant that this Site is suitable for access or use outside of our Territories and users accessing this Site from outside of our Territories do so at their own risk.
2. International Visitors
   For our international visitors located outside of our Territories, please note that the Site is a United States-based Site intended for use only by our customers based in our Territories. If you are seeking information about KOBOLD’s international affiliates, please refer to the affiliates’ locations: https://koboldusa.com/kobold-worldwide/.

8. TRANSFER OF PERSONAL DATA

Your Personal Data may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide Personal Data to us, please note that we transfer and process the Personal Data in the United States. Your consent to this Privacy Policy represents your agreement to that transfer.

KOBOLD will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Data.

9. LINKS TO OTHER SITES

Our Site contains links to other websites that are not operated by us. If you click on a third-party link on our Site, you will be directed to that third-party’s website. We strongly advise you to review the privacy policy of every website you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services.

10. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be updated and/or otherwise revised periodically to reflect changes in our data processing practices and/or policies. The “Effective Date” noted at the top of this Privacy Policy will indicate when this Privacy Policy was most recently revised. Except as may be otherwise required under applicable law, revisions to this Privacy Policy will be effective on the date noted above without any other notice or approval by you. Your continued use of the Site after a modification will constitute YOUR ACCEPTANCE OF THIS PRIVACY POLICY, as modified. In certain jurisdictions, applicable law may require additional processes and procedures, in which case, revisions to this Privacy Policy will not be effective until we have met our obligations accordingly.

11. YOUR PRIVACY RIGHTS AND CHOICES

1. If You are a Resident of California
   

   If you are a resident of California, subject to certain exceptions and limitations, you have the following rights:

   • Right to Know. You have the right to know whether we are processing your Personal Data, and obtain details about the processing activities.
   • Right to Correct. You have the right to correct inaccurate Personal Data that we maintain.
   • Right to Delete: You have the right to request we delete Personal Data provided by, or obtained about, you.
   • Right to Personal Data Portability. You have the right to obtain a copy of your Personal Data in a portable and readily usable format that allows you to transfer the Personal Data to another entity without hinderance, to the extent technically feasible.
   • Right to Opt-Out of Targeted Advertising. You have the right to request that we not process your Personal Data for the purpose of targeted advertising, to the extent that we do so.
   • Right to Opt-Out of “Sale”. You have the right to request the we not disclose your Personal Data to a third-party for our benefit, to the extent that we do so.
   • Right to Limit the use and disclosure of your “sensitive” personal data. California law provides residents with the right to request that the use and disclosure of “sensitive personal information“ be limited to those purposes expressly authorized by law, or which are necessary to perform the services or provide the goods you reasonably expect. As stated above, we do not collect sensitive personal information and would be happy to confirm this upon request.

   You may exercise any of the above rights, or appeal our denial of your rights request, by calling 1-800-998-1020 or filling out this personal data removal request form. Additionally, you may exercise your Right to Opt-Out of Sale and Right to Opt-Out of Targeted Advertising using an the Global Privacy Control as described below.

   For the security of your personal data and our own legal obligations, we will require you to verify your identity with us for all rights requests , other than to Opt-Out of Sale and Opt-Out of Targeted Advertising.

   Our Site responds to the Global Privacy Control (“GPC”) which is a website specification that allows your browser to tell us that you want to automatically exercise your Right to Opt-Out of Targeted Advertising or Right to Opt-Out of “Sale” (learn more about GPC at globalprivacycontrol.org). For clarity, the GPC opt-out is on a per-website basis and applies at the browser level for the device you use to opt out. This means that if you use a different browser or device, you will have to re-submit the request.

   If you are an authorized agent seeking to exercise a right on behalf of another individual, you can do so by calling 1-800-998-1020 or filling out this personal data removal request form. We will ask you to submit documented evidence of a lawful power of attorney or proof that the individual gave you written permission to act on their behalf.

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2. If You are a Resident of Canada
   

   If you are a resident of Canada, and solely to the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by contacting us as described in Section 1 (Site Operator). Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.

3. If You are a Resident of Any Other Jurisdiction
   

   Regardless of where you live, you can still adjust the settings of your browser to refuse all or some browser cookies or to alert you when a cookie is being sent. However, if you do not accept cookies, you will not be able to use some portions of our Site.

   Regardless of where you live, you can unsubscribe to our newsletter and other marketing communications at any time by contacting us as described in Section 1 (Site Operator) or clicking on the “Unsubscribe” link in the email containing the communication.

4. Do Not Track
   

   Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. When you turn on DNT, the browser may send a signal or other message to web services requesting that they not track you. At this time, our data collection practices will continue to apply as described in this Privacy Policy, regardless of any DNT signals that are sent by certain browsers or selected by you. For more information about DNT, please visit AllAboutDNT.com.

12. CHILDREN

Our Site is directed to adults and we do not knowingly collect the personal information from children under the age of 18. If you are the parent or guardian of a child under the age of 18, and you believe your child has provided their Personal Data to us, please contact us.

13. CONTACT US

If you have questions, concerns, or would otherwise like to contact us regarding this Privacy Policy, any rights you may have hereunder, and/or about the processing of your Personal Data, you may contact us in accordance with the information set forth in Section 1 (Site Operator) above.