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PRIVACY STATEMENT
PRIVACY POLICY

Kingston is a global organization comprising a group of entities affiliated with, controlled by or under common control with Kingston Technology Company, Inc. Accordingly references in this Privacy Policy and elsewhere on this website to ‘Kingston’, ‘our’, ‘we’ or ‘us’ mean Kingston Technology Company, Inc. and entities affiliated with, controlled by or under common control with it, as the context so requires. This Privacy Policy applies to all information, including personal information, collected about you by Kingston.

Any personal information collected by Kingston within the European Union is controlled by Kingston Technology Europe Co LLP and Kingston Digital Europe Co LLP, both are located at Kingston Court, Brooklands Close, Sunbury on Thames, Middlesex, TW16 7EP, UK.

The term “PII” used in this Privacy Policy means Personally Identifiable Information. It comprises any information that can help us identify or locate an individual, including, without limitation, an individual’s name, address, e-mail address, telephone number, an online identifier (for example, a social media account), date of birth, bank account and other financial records, documents used for ID purposes including driver licenses, passports and credit card number. PII does not include publicly available information that is lawfully made available to the general public from federal, state or local government records.

At Kingston we know that protecting your privacy is important, which is why we have written this Privacy Policy to explain:

  • When we collect information
  • What type of information we collect
  • How we collect information
  • How we use information
  • How long do we keep your data
  • With whom we share information
  • The steps we take to protect your information.
WHEN DO WE COLLECT INFORMATION?

Kingston may collect information about you when you interact with us such as (but not limited to):

  • Accessing or browsing any website, web property, or web-based function directly created by or controlled by Kingston, or any of our social media accounts
  • Ordering Kingston products or services, engaging with customer care or product support
  • Communicating with us via e-mail, telephone, fax or other manner
  • Registering your Kingston product or filling out a survey
  • Participating in a Kingston promotion, including but not limited to rebates, contests, etc.
  • Requesting or registering to receive information about our products or services, whether with Kingston or an agent of Kingston
  • Meeting face to face or handing over your business card at a trade show, exhibition, corporate event, meeting, conference, PR event, training or technology seminar or any other event
YOUR RIGHT TO OBJECT

You may, at any time, tell us to stop using PII about you that we hold (including PII that we’ve passed to anyone else) for direct marketing purposes. Upon receiving your objection we shall stop making any such use of your PII.

If you object to the processing of your PII which is based on our legitimate interests or those of a third party, you may contact us stating the grounds for your objection.

You can contact us by using the following email address or telephone number

Email: EU_Compliance@kingston.eu
Phone: https://www.kingston.com/en/support

WHAT INFORMATION DO WE COLLECT?

The information we collect is generally of two types: personally identifiable information (referred to in this Privacy Policy as “PII”, which we have defined above) and non-personally identifiable information.

Non-personally identifiable information comprises information that does not by itself identify an individual. This information generally includes anonymous information about an individual’s use of the website that includes, among other things, information concerning date and time of visit, the pages of the website visited, path through the website, IP address, the type of browser and operating system used.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION? AND WHY?

General

We do not collect PII, except when you specifically and knowingly disclose such information. This information is generally collected when you order our products or services, register your products on the website, provide information on a website, web property, or web-based function directly created by or controlled by Kingston, or through any Kingston presence on a social media platform, fill in surveys, take part in promotional events (including competitions), correspond with us, discuss a service issue on the phone with an associate, sign up to receive Kingston product and service updates whether with Kingston or an agent of Kingston, or when we meet with you at meetings or events. If you disclose your PII, we will only store and use such information that we need to meet your requests and our legitimate interests and business objectives, including, where you have consented, providing you with information about products and services that we consider may be of interest to you. We primarily use your PII to perform our contractual obligations to you and fulfil our legal obligations, to run our business efficiently and provide you with an improved and customized online experience and service.

Product Purchases

When purchasing through the website, we employ a registration process which requires that you provide us with your first and last name, billing and shipping information (which includes your home or other physical address, the name of your city or town, your telephone number, your e-mail address or other PII). We use this information to perform our contract to supply you with our products. If you choose not to provide your PII at the point of collection, you will not be able to purchase products through the website.

Product Registration

When you register, we may ask for your name, address, e-mail address, telephone number, type of product, serial number and date of purchase or other product-identifying information. We use this information to fulfil our contractual and legal obligations including providing you with support and information and our legitimate interests of managing our relationship with you. If you choose not to provide this information, you will not be able to register products on the website; however, you may continue to use the products.

Personal Contact Information

We use your contact information to complete and support your purchases from us, to facilitate and improve your use of the website, to communicate with you (including, if you have consented, sending marketing communications) and to comply with any requirements of law. We also use this information to respond to any questions you might have and, if you have consented, to provide you with information about special deals offered through the website. Your personal contact information may be disclosed to our staff and to third parties involved in the completion of your transaction, the delivery of your order or the support of your use of the website.

Credit Card Information

When you order any product through our website or at a Tradeshow or request an RMA (Returned Merchandise Authorization) on our website, you may be redirected to a third-party payment gateway service to provide your credit card information including the credit card number, card security code (also called CVV2, CVC2, CID code), the expiration date and the billing address. This information is used to perform our contract to supply you with our products or services and for our legitimate interest of collecting payments which may be due to us. The third-party payment gateway service is fully compliant with Payment Card Industry Data Security Standard (PCI DSS) for payment processing.

Online Surveys

In order to improve our products and services, we may use your PII (including your identity, contact details, and usage data) to send you online surveys. These surveys help our legitimate interest of learning more about your experience with our products and services. Your responses to these surveys are treated as confidential information. If you do not wish to participate in a survey, you may simply decline when asked.

Product Updates and Promotional E-mails

We regularly send product updates and promotional e-mails as a service to our existing customers, and to individuals who have registered or consented to receive such updates and emails. We will use your PII (including your identity and contact details) to send you newsletters and e-mails periodically listing current specials, promotions and deals only if you elect to receive these e-mails. If you have elected to receive these e-mails and wish to discontinue receiving them in the future, please follow the opt-out instructions provided on the e-mails or log into your account on the website and follow the instructions to make the appropriate changes.

Correspondence

If you contact us with feedback, comments, questions or for any other reason, we may keep records of that correspondence and collect your PII for the legitimate purpose of processing your inquiries, responding to your requests and improving our services.

HOW DO WE COLLECT YOUR NON-PERSONAL INFORMATION? AND WHY?

General

We automatically collect certain non-personally identifiable information each time you visit the website. We may use cookies, tags, server logs and other technology to acquire or store this information. We collect this anonymous information so that we may better understand how people are using the website and to improve the overall quality of our users’ online experience.

Cookies

Cookies are text files containing small amounts of information which are downloaded to your device when you visit our website. For information on the cookies we use and the purposes for which we use them, please read our Cookie Policy.

Log Files

Log files record a range of variables related to a visitor’s time on the website. This includes, but is not limited to: IP addresses, browser versions and types, internet service providers, pages visited, entry/exit pages, referring sites, platform types, demographic information, connection speed, etc. We use this information to understand how our visitors are using the website and to discover how we might modify the site to better serve our customers. This information is gathered automatically when you visit the website and is not personally identifiable.

Navigational Data

As you browse the website and third party sites, we may gather technical, usage and navigational data that shows what pages are visited and how long various features are used. This information will not reveal your identity or be linked to you personally. We use this information to facilitate and improve the website; to comply with any requirements of law; to serve, or have a third party serve specialized or relevant advertising content and/or recommendations to you on the website and third party sites; and for our internal purposes. We may from time to time supply the owners or operators of third party sites with information relating to the number of users linking to the website from their sites. You cannot be identified from this information.

IP Addresses and System Specifications

When you access the website, our servers may record your IP address. We may use IP addresses for system administration and troubleshooting, ensuring user compliance with our terms of service, investigating security breaches and compiling anonymous non-personal information such as how many users visited the website.

HOW LONG DO WE KEEP YOUR DATA?

We will only retain your PII for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for PII, we consider the amount, nature, and sensitivity of the PII, the potential risk of harm from its unauthorised use or disclosure, the purposes for which we process your PII and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your PII. See the section headed “Your Rights” below for further information.
HOW DO WE SHARE THE INFORMATION THAT WE COLLECT?

General

PII which we collect for a particular purpose will only be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Privacy Policy. We sometimes share non-personal information with third parties about our user base, but that information does not include any PII. Except as set forth in this Privacy Policy, we do not trade, share, rent, sell or give away information concerning you to third parties.

Our Affiliates

Subject to applicable data protection law, we may share your PII with legal entities that are directly or indirectly controlled by us or who share common control with us. These affiliates may use your PII only in accordance with this Privacy Policy and for the purposes and reasons it sets out.

Our Service Providers and Strategic Partners

We may disclose your PII to certain businesses that provide services to Kingston. For instance (without limitation) we will disclose your credit card information to our financial service providers and banks for processing and your name and address to the delivery service we use to deliver products you purchase on the website. These third party service providers and partners will have access to PII needed to perform their functions but may not use it for other purposes.

We may also disclose your PII to other businesses so that they can provide you with information about products and services that may be of interest to you but only if you have consented to this by ticking the relevant box situated on the form on which we collect your information.

Enforcement

We may disclose your PII or otherwise use such information to the extent that such disclosure or use may be required and to the extent necessary to meet Kingston’s legal obligations and the protection of Kingston’s legitimate legal and business interests, and its rights, property and employees.

We may also disclose any of your PII in response to valid requests by public authorities, including to meet national security or law enforcement enquiries, or to other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as are reasonably necessary.

Aggregated General Information

We may share aggregated general information about the website with our corporate partners, investors, advertisers or others. Aggregate general information includes without limitation the number of users of the website, revenue including payments by the users, usage statistics and user feedback. Aggregated general information does not include any PII that could be used to contact or identify you.

Change of Control

In the event that another company acquires a controlling interest in Kingston or if we experience some other change of control event such as merger, insolvency, bankruptcy or receivership, we reserve the right to include any or all user-related information (including PII) among the assets transferred to the acquiring company. Any new owners of our business may use your PII in the same way as set out in this Privacy Policy, and shall be required to respect the security of your PII and treat it in accordance with the law and for the purposes specified in this Privacy Policy.

CHILDREN’S PRIVACY

The website complies with the US Children’s Online Privacy Protection Act and all other applicable laws and regulations protecting children’s privacy on the Internet. We do not allow persons under 18 years of age to create user accounts.

Therefore, except as may be required by law, the website does not knowingly collect, maintain or disclose any PII from children under the age of 18. If you are under the age of 18, please do not: (i) create or attempt to create an account on the website, (ii) sign up for any subscription service, or (iii) buy anything through the website.

INFORMATION FOR PARENTS/GUARDIANS

As a parent or guardian, you can ask Kingston to remove PII pertaining to your child that was submitted without your consent or by misrepresenting his or her age. At your request, we will remove such information from our database.

All such requests should include the same user name, password and e-mail address that your child submitted and should be sent to
Email: EU_Compliance@kingston.eu
Phone: https://www.kingston.com/en/support

WHERE WE STORE 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). Whenever we transfer your PII out of the EEA, we 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 PII to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data 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 personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

EU-U.S. Privacy Shield

Kingston complies with the EU-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of PII from European Union member countries. Kingston has certified that it adheres to the EU-US Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability, and dispute resolution. To learn more about the Privacy Shield, please visit http://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, Kingston commits to resolve complaints about our collection or use of your PII. Individuals in the European Union (EU) with inquiries or complaints regarding our Privacy Shield policy should first contact Kingston at:
Kingston Technology Company, Inc.
Attention: Operational Compliance
17600 Newhope Street
Fountain Valley, CA. 92708 USA

Operational_Compliance@kingston.com

Kingston has further committed to cooperate with EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs for more information or to file a complaint. The services of EU DPAs are provided at no cost to you. To learn more about the Kingston Privacy Shield policy, please visit http://www.kingston.com/company/privacyshield.

Any questions or concerns regarding the use or disclosure of PII 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 PII in accordance with the principles contained in this Policy within 30 days of receiving your question or complaint.

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

SECURITY

Kingston takes appropriate security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, users’ information. We restrict access to your PII to employees who need to know that information in order to operate, develop or improve our products, services and the website. Our servers are protected by firewalls and are physically located in secure data facilities to further increase security.

We use Secure Socket Layer (SSL) technology for mutual authentication, data encryption and data integrity. While no computer is 100% safe from outside attacks, we believe that the steps we have taken to protect your PII drastically reduce the likelihood of security problems to a level appropriate to the type of information involved.

INTEGRITY

During the online account registration process, you can review, change or remove any information you have submitted. Our goal is to ensure that our information about you is as accurate as possible and encourage you to promptly update your information if it changes. You may, at any time, access your information to update, modify or delete any inaccuracies by accessing your account through the website.

YOUR RIGHTS

As well as your Right to Object which is set out near the top of this Privacy Policy, you also have the following rights in relation to your PII:

RIGHT TO ACCESS AND RIGHT TO RECTIFICATION

You have the right to know whether your PII is being processed by us, the categories of PII we hold on you, the purposes for which we intend to process your PII, how long we intend to retain your PII and who has received your PII from us (which we may identify as actual recipients or as categories of recipients).

If the PII we hold on you is inaccurate or incomplete, you can amend or delete any inaccuracies by accessing your account through the website, or you can email or phone us to ask that we correct it.

RIGHT TO ERASURE

You can ask, by email or phone, for the PII we hold on you (including PII that we’ve passed to anyone else) to be erased if:

  • We no longer require the PII to do what we collected it for; or
  • You have withdrawn your consent for us to use the PII; or
  • We no longer have a legitimate interest in holding or processing your PII; or
  • We have processed your PII unlawfully; or
  • You object to its use for direct marketing purposes and we have no other reason for processing your PII; or
  • The PII we hold was submitted by a person who was under 13 at the time.

Upon receiving a request from you to erase your PII for any of the above reasons, we will endeavour to remove as much information as legally allowable. However, as we generally keep information related to past transactions for the legitimate interest of keeping business records and to fulfil our legal obligations, we may not be able to completely remove all of your information. If we are unable to comply with your request to erase PII we shall tell you in writing what data we have retained, the reasons for retaining it and how long we expect to retain it for.

RIGHT TO RESTRICT PROCESSING

You can ask us, by email or phone, not to process your PII or to restrict the way it is processed (including PII that we’ve passed to anyone else) if:

  • You do not want us to process your PII whilst we are checking its accuracy; or
  • We have processed your PII without having a lawful basis to do so but you do not want us to erase your PII; or
  • You have objected to us processing your PII for purposes other than direct marketing and we are considering whether we have a lawful basis for continuing to process your PII; or
  • We no longer need your PII but you need us to keep it in order to establish, exercise or defend a legal claim.
RIGHT TO DATA PORTABILITY

You have the right to receive PII concerning you, which you have provided, and have the right to transmit that data to another controller. You have the right to have such PII transmitted directly from us to another data controller where technically feasible. We shall supply the PII in a structured, commonly used and machine-readable format. You may contact us about any of your rights by the following means:
Email: EU_Compliance@kingston.eu
Phone: https://www.kingston.com/en/support

If you believe that we have failed to process your PII in accordance with your rights under the General Data Protection Regulation, and after informing us we have failed to address your concerns, then you may lodge a complaint with the relevant supervisory authority of the EU member country where you live, where you work or where the alleged infringement of your rights occurred. You also have the right to take legal action against us or anyone that we have passed your PII to if you believe that we (or the party that we have passed your PII to) have failed to process your PII according to your rights under the General Data Protection Regulation. Such legal action may be taken either in the courts of the EU member country where you live, or where we (or the party that we have passed your PII to) are established.

Our site may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit 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 you must contact us by any of the methods set out above regarding your objection.

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