Privacy Policy

 

This privacy policy describes how K and K Promotions, Inc dba Evel Knievel, a Nevada limited liability company, and our brands and subsidiaries (“EK” or “us”) collect, use and share information about you. This policy applies to information we collect when you use our websites, apps, shop in our online stores or otherwise interact with us as described below (collectively, the “Site”). We may change this privacy policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy, and in some cases, we may provide you with additional notice (such as adding a statement to the homepages of our websites or sending you an email notification). We encourage you to review the privacy policy whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy. Capitalized terms not defined in this privacy policy have the meanings found in our Terms of Service.

 

Acceptance Of These Terms

By using this Site, you signify your acceptance of this policy and any changes to this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

Collection Of Information

Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you use our websites, shop in our online stores, call us on the phone, create an online account, join our loyalty program, sign up to receive our emails, request a catalog, participate in a sweepstakes, contest, promotion or survey, communicate with us via third party social media sites, request customer support, apply for a job or otherwise communicate with us. The types of information we may collect include your name, email address, zip code, billing address, shipping address, phone number, payment card information, product preferences, demographic information and any other information you choose to provide (“Personal Information”). In some cases, we may also collect information you provide about others, such as when you purchase a gift card for someone and request that we deliver it electronically, create and share a “wish list” or decide to purchase and ship products to someone. We will use this information to fulfill your requests and may also use that information to send marketing communications to your contact, unless he or she has previously opted out of marketing communications from EK. 

Information We Collect Automatically. We automatically collect certain information about you when you access or use our websites or transact business with us, including: (i) information about your use of our websites, such as the type of browser you use, access times, pages viewed, your IP address and the referring link through which you accessed our websites; (ii) information about the transaction, such as product details and the date and location of the purchase/return; and (iii) we may use cookies, web beacons, also known as “tracking pixels”) and other tracking technologies to collect information about you when you interact with our websites or emails, including information about your browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our websites and your online experience, understanding which areas and features of our sites are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for other internal business purposes. 

Retention & Transfer of Personal Information & How to Opt-Out. We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about our products and services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements. We will delete this information from the servers at an earlier date if you so request by unsubscribing, opting-out, or emailing us at info@evelknievel.com. Personal Information may be transferred and stored to secure servers in the United States.

Use Of Information

We may use information about you for various purposes, including to: (i) facilitate and improve your online shopping experience; (ii) provide the products and services you request, process transactions and send you related information, including confirmations and receipts; (iii) respond to your comments, questions and requests and provide customer service; (iv) communicate with you about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to you; (v) manage your online account(s) and send you technical notices, updates, security alerts and support and administrative messages; (vi) personalize your online experience and provide advertisements, content or features that match your profile and interests; (vii) monitor and analyze trends, usage and activities; (viii) process and deliver contest, promotion and sweepstakes entries and rewards; (ix) link or combine with information we get from others to help understand your needs and provide you with better service; and (x) carry out any other purpose for which the information was collected. We are based in the United States and the information we collect is governed by U.S. law. By accessing or using our websites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

 

Sharing of Information

We may share information about you as follows: (i) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf; (ii) with our business partners and other third parties, including third party marketing partners, for commercial purposes; (iii) in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process or as otherwise required by any applicable law, rule or regulation; (iv) if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of us or any third party; (v) in connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company; or (vi) with your consent or at your direction. We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

 

Advertising and Analytics

We engage third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of our websites, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our websites and other websites and better understand your online or offline activity. We may also work with third parties to serve ads to you as part of a customized campaign on other websites or platforms.

 

Cookies

We use functional and analytical cookies to provide for the best user experience. We, as well as third parties, also use tracking cookies on our websites to show you customized advertisements and offers on our websites, as well as on third party websites and apps. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies, but please understand that doing so does not necessarily affect third party flash cookies used in connection with our websites. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites. In addition, many web browsers support Do Not Track technology. However, if you enable Do Not Track, some third-party companies may not recognize browser “Do Not Track” signals. If you would like to opt out of the collection and use of tracking data for ad targeting, please visit www.aboutads.info/choices/.

 

Links To 3rd Party Websites

Our Site may contain links to other websites. Our Privacy Policy does not apply to the practices of other websites and EK is not responsible for the actions and privacy policies of third parties. We encourage you to be aware of when you leave our Site and to read the privacy policies of each website that you visit.

 

Security

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. We use organizational, procedural, and technical safeguards to secure data in our possession, consistent with the sensitivity level of such data. When sensitive information (such as a credit card data) is collected on our Site it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol and may be processed by third parties using similar levels of protection. Regardless of the precautions we take, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect Personal Information, we cannot ensure or warrant the security of any information you transmit to us.

 

Other Data Protection Rights

You may have the following data protection rights: 

  • To access, correct, update or request deletion of Personal Information. We take reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. As a registered user, you can manage many of your individual account and profile settings within your account provided through the Site, or you may contact us directly by emailing us at info@evelknievel.com. We will consider your request in accordance with applicable laws. 

  • In addition, individuals who are residents of the European Economic Area can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us at nfo@evelknievel.com.

  • Similarly, if Personal Information is collected or processed on the basis of consent you can withdraw consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

  • EEA residents have the right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.

  • EK permits consumers to opt out of having their information shared with third parties for direct marketing purposes.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request.

 

Children

We do not knowingly collect any Personal Information from children under the age of 13. We do not sell products for purchase by children and all children’s products we sell are for purchase by adults only.

 

Contact Us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us by email at info@evelknievel.com.

Terms Of Service

Welcome to the Evel Knievel web site (“the Site,” “we,” “us,” or “our”). Evel Knievel provides this site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our site. By using this Site, you agree to follow and be bound by the following rule below. If you do not agree to these Terms, please do not use this Site in any way.

Additionally, Evel Knievel reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.

 

Use Restrictions

All of the content that appears on the Evel Knievel web site, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by Evel Knievel. The entire content of the Evel Knievel web site is copyrighted as a collective work under U.S. copyright laws. Evel Knievel grants you a limited license to access and make personal use of the content on this website. Content of the Evel Knievel website is intended solely for the personal, noncommercial use by the users of our Site.

 

Site Use

You cannot access or use the Evel Knievel website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Evel Knievel cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Also, you agree that no comments or other user submissions submitted by you to the Evel Knievel website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

 

Security Rules

Violations of system or network security may result in civil or criminal liability. Evel Knievel investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • Accessing data not intended for you or logging on to a Evel Knievel server or account that you are not authorized to access

  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)

  • Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site

  • Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site

 

Correction of Site Errors

The information on the Evel Knievel website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

 

Third Party Links

To improve our Site, Evel Knievel may use and promote services provided by outside third parties. However, even if the third party is affiliated with Evel Knievel we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.  

We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website.

 

Product and Pricing Information

Although Evel Knievel has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Evel Knievel cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Evel Knievel is not responsible for typographical errors regarding price or any other matter.

 

Proprietary Rights

As between you and Evel Knievel (or any other company whose marks appear on the Site), Evel Knievel (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Evel Knievel logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Evel Knievel Intellectual Property”) are owned by Evel Knievel and may be registered in the United States and internationally. You agree not to display or use Evel Knievel Intellectual Property in any manner without Evel Knievel prior permission. Nothing on the Site should be construed to grant any license or right to use any Evel Knievel Intellectual Property without the prior written consent of Evel Knievel. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Evel Knievel. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

Notice and procedure for claims of copyright or intellectual property infringement. If you believe that any content appearing on the Website, including content created and/or displayed by Evel Knievel or other material provided through a link, infringes your copyright or intellectual property, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be e-mailed to Kelly Knievel at info@evelknievel.com with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:

 

Designated Agent: 

Kelly Knievel @ info@evelknievel.com

Correspondence

Although we will make every effort to respond quickly to applicable email messages, evelknievel.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding evelknievel.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through evelknievel.com shall become and remain the property of Evel Knievel. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.