PRIVACY POLICY

OVERVIEW

Your privacy is important to us. This Privacy Policy explains what information we collect from you and how we use that information. It covers the following:

HOW WE USE THE INFORMATION WE COLLECT

We use the information we collect for purposes associated with the growth, maintenance, and management of our business. Depending on how you interact with us, we use your Personal Information and other information for the following purposes:

• Communication with You. This includes using Personal Information to send you messages, ship products, provide customer care, and respond to your requests.
• Business Operations. This includes operating our Website, facilitating product purchases, accounting, auditing, billing, and collection activities as well as security, crime or fraud monitoring and prevention, protecting legal rights, and performing contractual obligations.
• Managing and Developing Products and Services. This includes using information to offer product testing experience and to carry out internal research to develop and improve existing products and services, as well as using information about your interactions with our Website or advertisements to improve user experience.
• Advertising and Marketing. This includes providing you with communications, conducting contests and promotional events, and providing you with personalized content, where you have consented, as applicable.

HOW DO WE SHARE THE INFORMATION THAT WE COLLECT?

We do not share or disclose your Personal Information to third parties, except as set forth in this Privacy Policy. We may disclose certain Personal Information and other information about you to the following:

• Affiliates. These are entities that are directly or indirectly controlled by us or who share common control with us.
• Service Providers and Strategic Partners. These are entities that provide services for or on behalf of us, such as providing marketing assistance, fulfilling orders, and providing fraud prevention services, as well as partners who we work with to provide you services.
• Other Parties When Required or Permitted by Law. These entities include government authorities, law enforcement agencies, or other third parties, including where necessary to exercise or defend legal claims on Kingston’s behalf.

• Other Parties in Connection with a Change of Ownership. These entities might include a third party as part of a merger or transfer, acquisition or sale, or bankruptcy.
• Other Parties with Your Consent or at Your Direction. These third parties include those for which you separately consent to and/or request such sharing.

HOW LONG DO WE KEEP YOUR INFORMATION?

We will retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Retention periods can vary based on the type of information, how it is used, and relevant legal requirements.

We consider the following factors when determining how long we keep your Personal Information: (1) the amount, nature, and sensitivity of the Personal Information; (2) the potential risk of harm from its unauthorized use or disclosure; (3) the purposes for which we process your Personal Information; and (4) whether we can achieve those purposes through other means, and the applicable legal requirements.

CHILDREN’S PRIVACY & INFORMATION FOR PARENTS/GUARDIANS

We do not knowingly solicit, collect, maintain or disclose any Personal Information from children under the age of 18. If you are under the age of 18, please do not:

• Create or attempt to create an account on the website;
• Sign up for any subscription service via the website;
• Buy anything through the website; or
• Otherwise interact with the website.

Occasionally, we may collect Personal Information from minors who are under 18 in person at tradeshows or for product testing with proper consent from a parent or legal guardian. We may collect name, online identifiers, and email address. We may use this information to provide with communications, conduct contests and promotional events, and participate in product testing.

As a parent or legal guardian, you may request that we delete Personal Information collected from your child in person at any time by contacting us at the email address or telephone number provided below. We will delete such information from our database within a reasonable time.

To request that we delete your child’s Personal Information, or if you have questions regarding our practices as to Personal Information about children, please contact us at:

Email: [email protected]

Phone: 1-800-835-6575

CHOICE, ACCESS, AND CORRECTION OF YOUR INFORMATION

If you elect or consent to receive certain communications from us, such as promotional e-mails, marketing communications, and surveys, you can withdraw your consent or change your preferences by following the opt-out instructions in those communications or by logging into your account on the Website.

You can review, update, modify or remove any information you have submitted on the Website, either during your online account registration with Kingston, when you log-in to your Kingston account or by contacting us. However, if you request a change or removal of your Personal Information, please keep in mind that we may still need to retain some information for recordkeeping purposes, to comply with applicable laws, and to complete transactions with you.

LINKS TO OTHER SITES

Our site may contain links to the websites of third parties. If you choose to follow a link to any of these websites, please note that these websites have their own privacy policies and that Kingston does not accept any responsibility or liability for these policies. Please check these policies before you provide any Personal Information to these websites.

CHANGES TO PRIVACY POLICY

We may update our Privacy Policy from time to time by posting a new version of it on the Website. We encourage you to check the Website regularly for information about revisions to this Privacy Policy. If you object to the change to our Privacy Policy, then contact us with your objections.

CONTACT INFORMATION

If you wish to request any information or have any questions regarding this Privacy Policy or its implementation, you may email us at [email protected]. You may also write to us at:

International Transfers of Your Personal Information

The information that we collect from you may be transferred to, stored in, processed in or accessed from countries outside of the European Economic Area (“EEA”). If we possess your Personal Information in the EEA, and we subsequently transfer that information out of the EEA, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your Personal Information from the EEA to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission;
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give your Personal Information the same protection it has in Europe; or
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to the Personal Information shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Refer to the EU-U.S. Privacy Shield section for more information on Kingston’s compliance.

EU-US PRIVACY SHIELD

Kingston complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from all EU member countries that are subject to European data protection laws, including but not limited to, the GDPR, the European Privacy and Electronic Communications Directive of 2002 (“e-Privacy Directive”) and their member state equivalents. Kingston has certified that it adheres to the EU-U.S. Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement, and Liability. For more information, learn more about the Privacy Shield.

In cases of onward transfer to third parties, Kingston will only transfer personal data for limited and specified purposes. Kingston complies with the EU-U.S. Privacy Shield Principles for all onward transfers of personal data from the EU and the United Kingdom, including the onward transfer liability provisions.

In compliance with the Privacy Shield Principles, Kingston commits to resolving complaints about our collection or use of your Personal Information in a timely manner. We respectfully request that any EU data subject that is located in the EU, and wishes to submit inquiries or file complaints regarding our compliance with the Privacy Shield policy, first contact us by email at [email protected], or by postal mail at the following address:

Kingston Technology Company, Inc.
Attention: Privacy Compliance
17600 Newhope Street
Fountain Valley, CA. 92708 USA

Kingston has further committed to cooperating with relevant EU data protection authorities (“DPA”) regarding unresolved Privacy Shield complaints, or other matters related to relevant EU Data Protection Laws. If you do not receive timely acknowledgment of your complaint from us, or you believe that we have not satisfactorily addressed your complaint, you can contact your relevant EU DPAs to request more information, or to directly file a complaint. The services of EU DPAs are provided at no cost to you. For more information, learn more about the Kingston Privacy Shield Policy.

Any questions or concerns regarding the use or disclosure of Personal Information should be directed to Kingston at the address given above. Kingston will investigate and respond or attempt to resolve complaints and disputes regarding the use and disclosure of Personal Information in accordance with the principles contained in this Policy within a reasonable amount of time, not to exceed 30 days following the receipt of your question or complaint.

To learn more about how you may pursue binding arbitration through the Privacy Shield Arbitration Panel, please visit https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint.

Kingston is subject to the investigatory and enforcement powers of the Federal Trade Commission regarding Kingston’s compliance with the Privacy Shield.

California Residents’ Rights Under the CCPA

If your Personal Information is subject to the CCPA, you may have certain rights regarding such Personal Information, including the right to:

• Be informed, at or before the point of collection, of the categories of Personal Information to be collected and the purposes for which the categories of Personal Information shall be used.
• Request that we delete any Personal Information about you that we have collected or maintained, subject to certain exceptions (“Request to Delete”). We reserve the right to retain, and not to delete, certain Personal Information after receipt of a Request to Delete where permitted by the CCPA or where another law or regulation is applicable. We may retain your Personal Information if doing so is necessary for us or our service providers to, for example:
  • Comply with a legal obligation.
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
  • Complete a transaction for which we collect the Personal Information, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you.
  • Use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the Personal Information.
• Request that we, as a business that collects, discloses for a business purpose, and sells Personal Information within the meaning of the CCPA, disclose to you (“Request to Know”):
  • The categories of Personal Information we have collected about you.
  • The categories of sources from which we collected the Personal Information.
  • The business or commercial purpose for collecting or selling the Personal Information.
  • The categories of third parties with whom we share Personal Information.
  • The specific pieces of Personal Information we have collected about you.
  • The categories of Personal Information we have disclosed about you for a business purpose.
  • The categories of Personal Information we have sold about you and the categories of third parties to which we sold the Personal Information.
• Not be discriminated against because you exercised any of your rights under the CCPA.
• Opt-out of the sale of your Personal Information (“Request to Opt-Out”).

The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations.