CONDITIONS OF USE
Thanks for your interest in King Oscar and welcome to www.kingoscar.com. This website is intended for USA visitors. Citizens from the EU should visit the following websites, which offer more relevant information to you and your general market:
At King Oscar, we respect your privacy and recognize your need for appropriate protection and management of any personally identifiable information we may gather from you (“personal information”). This notice describes our practices for collecting, using, maintaining, protecting, and disclosing the data we may automatically collect about you or that you may voluntarily provide to us via our website, online contact and/or newsletter registration forms, surveys, social media channels, e-mails, as well as other offline activities and communications.
If you are a citizen of the EU, this notice also describes the rights you have to your Personal Information as outlined under the General Data Protection Regulations (GDPR).
By visiting our website or interacting with us, you accept and consent without limitation to the following terms, conditions, disclaimers, and privacy policies.
WHO WE ARE AND HOW TO REACH US
Company name: King Oscar, Inc. (“King Oscar”)
Address: 3838 Camino Del Rio North, #115, San Diego, CA 92108 USA
King Oscar, Inc. is fully owned by Thai Union Group PLC: www.thaiunion.com
1. WHY DO WE COLLECT INFORMATION ABOUT YOU
We collect certain types of data either with your consent or by automatic methods described below (see sections 2, 3, and 4). The primary and legitimate purposes of this data collection are to provide you with the specific services you may request, to customize and enhance your experience while on our website, and/or to improve the content and relevance of our website.
2. TYPES OF DATA WE MAY COLLECT
Information you voluntarily provide to us.
We may collect personally identifiable data about you including but not limited to your name, email address, postal address, phone number, social media name or handle, or any other information you provide to us at your discretion when you visit our website or social media channels and fill out a contact form, respond to a survey, subscribe to our newsletter, post material or make a comment, or participate in a contest or give-away. We may also collect this type of information if you interact with us in person, via phone, email, or other method. Calls made to us may be recorded to protect the interests of all parties.
We will collect this type of personal data from you only when you voluntarily submit such information to us via direct interaction. You may always elect not to supply your personally identifiable information, except that it may prevent us from responding to or engaging with you.
Please note that the King Oscar website is NOT a commerce site and we do NOT collect any payment information, such as credit or debit card details.
Information we may collect automatically.
We may collect non-personally identifiable data about you whenever you interact with our website or social media channels via cookies, server logs, and other automated technologies. See the “Automatic Data Collection & Cookies” section below.
Non-personal data may include technical information about your Internet Protocol (IP) address, computer platform and operating system, browser type and version, browser plug-in types and versions, location and time zone data, usage patterns of our website, and the internet address of the website from which you may have linked to our website.
3. HOW WE MAY USE THE DATA WE COLLECT
We may process and use your data to customize your experience on our website, communicate with you, deliver advertising and marketing, or to fulfill the purposes for which you provided the data or that were described when the data was collected.
Examples of how we may use the personal data we collect include:
- Send you information and respond to your inquiries and/or other requests or questions.
- Troubleshoot a problem you have experienced and reported with one of our products, provide you with appropriate customer service, and keep a record of our correspondence.
- Assign you to the appropriate customer service representative (based on your country information) for personal contact.
- Administer contests, give-aways, and promotions.
- Administer voluntary research surveys.
- Send you our newsletter.
- Respond to employment inquiries we may receive.
- Provide you with customized, relevant advertisements, content, and information.
- Ensure that we present our website content in the most effective manner for you, your computer, and your preferences.
- Administer our website and conduct internal operations, including troubleshooting, data analysis, statistical analysis, site behavior analysis, testing, security, and fraud detection.
- Improve our website, products or services, marketing, or customer relationships and experiences.
- Notify you about changes to our website, products, or services.
We will only send you marketing-related content when you check the relevant boxes on any form requiring consent at the time you provide us with your personal information, and you can opt out at any time by unsubscribing from our marketing messages at the bottom of our marketing communications.
4. AUTOMATED DATA COLLECTION & COOKIES
We may use several types of cookies and other automated data collection technologies on our website, intended to enhance your online experience with us or to allow us to analyze how our website is being used and how we might improve the relevance of our website content.
Cookies are very small text files that are stored on your computer when you visit most websites. The cookies do not collect any personally identifiable information, but may collect information such as your IP address, operating system and browser type, browsing actions and usage patterns, and other such information.
Session Cookies – These are temporary cookies that only exist during the period in which you access our website and are erased when you close your web browser. Session cookies do not collect personal information but help our website remember information you have entered and track movement within the website, thereby avoiding the need to re-enter information.
Persistent Cookies – These are cookies that remain on your device after you have visited our website. These cookies help us to identify you as a unique visitor by storing a randomly generated number. The length of time a cookie will remain on your device will depend on the type of cookie. On our website, these cookies do not contain personal information, and cannot be used to identify you.
Action Tags – Action tags or “web beacons” are transparent image files or tracking pixels that allow King Oscar to track our website user interactions and gain analytic insights. King Oscar may also use action tags in e-mail messages or newsletters in order to determine whether messages have been opened or links have been accessed.
5. DATA SHARING WITH THIRD PARTIES
King Oscar respects your privacy and we will not wittingly share or sell your personal data with third parties for marketing or other purposes.
We will only share your data:
- If we are required to do so by law to comply with a legal obligation or court order.
- If necessary to protect the rights, property, or safety of ourselves, our customers, or others.
- In the event that all or substantially all of our assets are acquired by a third party, in which case personal data held by us may be one of the transferred assets in the acquisition.
6. DATA TRANSFERS
King Oscar, Inc. is based in the United States. During the course of business, we may process, store, and/or transfer the personal data we collect, in and/or to a country outside your own, with different privacy laws that may or may not be identical to your own. In such cases, we make sure that the recipients of your personal data maintain an adequate level of data protection.
By submitting your personal data or engaging with our website, you consent to this transferring, storing, and/or processing.
7. DATA SECURITY
What we do.
We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse, and unauthorized access.
When you submit information via our website, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example customer service) are granted access to personally identifiable information. The computers and servers on which we store personally identifiable information are kept in a secure environment.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data with SSL encryption, we cannot guarantee the security of your personal data transmitted to our website. Any transmission of personal data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the website or in our social media channels.
What you can do.
If you are uncomfortable about sharing your personally identifiable information with us, you may of course choose not to volunteer it. Please know that this may then make it impossible for us to respond to particular requests, for example where a customer service issue is involved. With regard to automated data collection, you may configure your web browser to refuse, disable, or remove cookies. However, parts of our website will not function properly if you do not allow cookies.
Additionally, you are responsible for providing us with personal information about you via private methods. For example, if you choose to provide us with your contact information via a publicly viewable social media comment rather than by private message, then we cannot be responsible for keeping that information safe and secure.
8. DATA STORAGE PERIODS
Unless otherwise required by law, we shall retain your personal information according to the following timescales:
- Product complaints and queries are held for the length of the product life and then an additional two years, with the maximum retention six years.
- Marketing data will be held until you unsubscribe.
- Job applications will be held for up to one year (unless you have asked us to remove the application or have been offered a position within our company).
9. TREATMENT OF VOLUNTARILY PROVIDED, NON-PERSONALLY IDENTIFIABLE MATERIAL
Any non-personally identifiable, anonymous comments, questions, or other content (individually and collectively referred to as “Material”) that you voluntarily transmit: (i) directly to the website; (ii) directly to any of our social media channels; (iii) directly to a third-party website concerning our products; and/or (iv) directly to us by e-mail or letter shall be treated as non-confidential and non-proprietary. You agree that King Oscar has the unrestricted right to edit, publish, or otherwise use any such Material without acknowledgement, credit, or compensation to you of any kind. You further indemnify King Oscar against all liability for any loss or damage suffered by you as a result of our use and/or disclosure of such Material to the extent permitted by law.
10. THIRD-PARTY LINKS & SOCIAL MEDIA FEEDS
11. USER RIGHTS: USA AND EU VISITORS
If you are a citizen of the USA, you have certain rights to your data under Federal Trade Commission regulations. If you are a citizen of the EU, your data rights are governed according to the General Data Protection Regulations (GDPR).
You have the right to know if we collect your personal data, how we obtain any data, where we store it, how we handle it, and how we may use it. You also have the right to view, amend, restrict, or delete any of your personal information that we may collect or hold.
To request access to your data, please email us at email@example.com. We will provide the information to you. If the request is unfounded, excessive, or you cannot first prove your identity, we reserve the right to charge an appropriate administrative fee or to refuse.
If any of the information we hold about you is inaccurate or incomplete, you may ask us to correct or complete it at any time.
You have the right to ask us to stop processing your data. Upon receiving your request, we will either confirm or inform you if we have legitimate grounds to continue. If we stop processing your data, we may continue to hold it to comply with your other rights.
You have the right to request that decisions concerning you or significantly affecting you based on automated data processing be made by humans, and not solely by computers. You also have the right in this case to object to and contest any such decisions.
At your discretion, you can request us to completely delete your personal information from our system. Once we have received and processed your request, we will confirm whether the data has been deleted or explain why it cannot be deleted.
Please be aware that deleting your data record, unlike unsubscribing from specific marketing emails or newsletters, is total and irreversible. This means that if we remove you, we will lose record of you ever having been in our system, including any previous instructions you may have given us to opt out of specific email types. If you rejoin our systems by voluntarily providing your personal information again, you will appear to us as a completely new data subject and you would need to reset your opt-in preferences. Removal does not affect your other rights in any way.
Latest edition: May 11, 2020
The King Oscar, Inc. (“King Oscar”) website is provided “as-is” for your personal, non-commercial use. King Oscar, our affiliates, and our agents reserve the right to alter the content of our website in any way, at any time and for any reason, without prior notification, and will not be liable in any way for: 1) possible consequences of such changes; 2) inaccuracies, typographical errors, omissions, or forward-looking statements in the content of our website; or 3) any damages of any kind resulting from the use of this website, as permissible by law.
The entire content of the website, including any images or text, is copyrighted. Nothing contained in the website shall confer any license or right under any patent, trademark, or copyright of King Oscar or any third party without specific permission. Any unauthorized use of the content on our website may violate copyright, trademark, and/or privacy laws and is expressly prohibited.
When visiting our website, you agree to not engage in any misconduct or unlawful activity including but not limited to property rights infringement, defamation, libel, obscenity, falsehood, impersonation, unauthorized advertisement, tampering, or security violations.
If you cause a technical disruption of the website or any aspect of its functionality, you agree to be responsible for any and all loss, cost, liability, or expense King Oscar may suffer and will be liable for any attorney’s fees and costs.
The website has been developed to provide general information and is not intended to be a substitute for professional medical advice. Neither King Oscar nor any of our affiliates or agents warrant or make any representations regarding the suitability of the use for any purpose of the products, content, and materials featured on this website or such information contained in any third-party website.
The website may contain links to other third-party websites. Such links are provided for your convenience only, and we do not make any express or implied warranties, endorsements, or approvals of any products, services, advice, or information available from such websites.
This website contains no express or implied representations or warranties of any kind. Rather, this website is provided for general informational purposes only. Any advice or information received through this website or its contents should not be relied upon by the reader for any reason whatsoever.
Information contained in this website is not meant to be a substitute for the advice that may be provided by the reader’s own physician, medical professional, or other healthcare provider. The reader should not use any information which may be contained in this website for diagnosing and/or treating any healthcare condition or disease the reader may have, or in the reader deciding on his/her medication alternatives. The reader should always read carefully the packaging accompanying the product. If the reader has or suspects that he/she has a medical condition, the reader should promptly contact his/her own physician, medical professional, or other healthcare provider for professional advice.
Any information and statements that may be contained in this website regarding dietary benefits of the product have not been passed upon, approved, evaluated, and/or assessed by the U.S. Food and Drug Administration.
Please drink responsibly. Alcoholic beverages are intended for consumption by adults who are of legal drinking age. Consumption of alcoholic beverages impairs your ability to operate a motor vehicle and may cause health problems. Consult a medical professional with any specific questions regarding the effects that alcohol may have on your health. There are neither express nor implied warranties of any type offered in the information provided. King Oscar does not endorse the use of any product other than its own.
4. APPLICABLE LAW & DISPUTES
By visiting www.kingoscar.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and King Oscar or its affiliates.
Any dispute relating in any way to your visit to www.kingoscar.com shall be submitted to confidential arbitration in the State of California, except that, to the extent you have in any manner violated or threatened to violate King Oscar’s intellectual property or other rights, King Oscar may seek injunctive or other appropriate relief in the appropriate state or federal courts of any country, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.