INTRODUCTION

This Privacy Policy describes how KIKA VARGAS LLC ( "KIKA VARGAS", "we", "us", or "our") collects, uses, and discloses your personally identifiable information (“Personal Information” or “Personal Date”) when you visit, use our services, or make a purchase from kikavargas.com (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information pursuant to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

KIKA VARGAS LLC reserves the right to change this Privacy Policy from time to time. If we make changes, we will notify users by modifying the date at the top of this Privacy Policy. If we make material changes to this Privacy Policy, we will provide users with additional notice (such as adding a statement to our website homepages or otherwise providing notifications to users.

COLLECTION OF PERSONAL DATA

We collect personally identifiable data directly from you when you interact with us, buy our products or use our Services. The types of personal data we collect depends on how you interact with us. We may collect the following categories of personal data.

• Profile Data. We collect any information or content you provide to us when you register for an account, create a profile, or participate in or register for our membership programs or subscribe to our newsletter. Examples of the information we collect include your name, email, phone number, login name and password, address, payment or banking information and birthday.
• Demographic Data. We may collect specific or general demographic data when you fill out forms or surveys on our Services, purchase products in our stores or sign up for and participate in events, contests, sweepstakes, promotions, and special programs that we provide. Examples of such information include age, gender, address, zip code, state, and country.
• Transaction Data. We collect transaction information related to the use of our Services or to your purchases. Examples of information collected include the type of products or services requested or provided, order details, delivery information, amount charged, payment method, billing or shipping information, customization services, and information about any products or services you returned or exchanged with us.
• Communications Data. We collect information when you communicate with us or others on our Services, such as when you request additional information about products or services, interact with our customer service team or store associates, or sign up to receive our e-mail newsletters or marketing messages. We also collect communications data when you interact with us on social media, such as by direct messaging, tagging us and/or our products or permitting us to follow your social media profile. Examples of such data may include your contact information, the date and time of your communications, online identifiers, social media profile, and the content of your communications.
• User Content Data. We collect any other information or content you provide to us, such as when you provide design or product feedback or make other submissions to us or use other features of our Services that may be offered from time to time, which may require the collection of certain personal data in order to allow you to utilize those features. Examples of user content data may include information about your size, fit, goals, opinions, feedback, preferences, and any other personal data you choose to provide in your interactions with us.

PERSONAL DATA WE COLLECT AUTOMATICALLY:

We automatically collect certain personal data when you access and use our Services or shop in our stores. The types of information we collect automatically may include:

• Device and Network Data. We collect certain information about the device you use to access our Services, websites and/or social media accounts. Examples of such data include your device’s hardware model, browser type, IP address, operating system version, language settings, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
• Usage Data. We collect information about your activity on our Services, websites and/or social media accounts via log files, cookies, web beacons, and other tracking technologies. Examples of such data include your access times, pages viewed, the routes by which you access our Services and other system activity, your use of any hyperlinks available within our Services, your Internet service provider (ISP), Mobile Advertising ID, media access control (MAC) address, and identifiers associated with browser cookies, web beacons, and similar technologies we deploy on our Services (for more information about cookies and how to disable them, see the COOKIES section below).
• Location Data. We collect precise or approximate location information in accordance with your device permissions. You may use our Services, websites and/or social media accounts without enabling us to collect location data from your device, however, this may affect some functionality available in the Services. For example, you may need to manually enter an address to find a store near you if you have not enabled location data collection. We may also use technology in our retail locations to collect data about the presence of your device.

PERSONAL DATA WE COLLECT FROM OTHER SOURCES:

We may collect personal data about you from other sources. For example, we may collect personal data about you from:

• Publicly available sources;
• Carriers or other third parties when they share your updated delivery and address information, which we use to correct our records and deliver your next purchase or communication;
• Our holding company, subsidiaries and affiliates;
• Third-party social media and communication services, such as Facebook, Twitter, Google, and Instagram, that you use to interact with our Services (e.g., to create an account) or that allow you to share information (e.g., via plugins, widgets or other tools), but always in accordance with the authorization procedures and privacy settings you establish with such services; and
• Unaffiliated parties, such as service providers that we use, analytics companies, marketing or advertising service providers, fraud prevention service providers, consumer data resellers, and other third parties that provide us with information, so we can better understand you and provide you with information and offers that may be of interest to you.

PERSONAL DATA WE DERIVE:

We may derive information or draw inferences about you based on the other types of personal data we collect. For example, we may infer your location based on your IP address, or your purchasing habits based on your browsing behavior on our Services.

DELETION

In certain jurisdictions, applicable law may entitle you to request deletion of your personal data stored by KIKA VARGAS.  To request such deletion, please contact us at kikavargas.com.   Please note that if you request the erasure of your personal data, unless the competent jurisdiction forbids it, we may nevertheless retain and/or use your personal data to:

• Exercise our legitimate business interests, such as fraud detection and prevention and enhancing safety against malicious, deceptive, fraudulent or illegal activity, and/or to prosecute those responsible for such activity;
• Establish, exercise or defend legal claims, or comply with applicable law;
• Perform our contract to which you are a party or in order to take steps at your request prior to entering into a contract;
• Perform a task carried out in the public interest or in the exercise of official authority vested in KIKA VARGAS;
• Identify, debug and/or repair errors that impair intended functionality;
• Exercise free speech, and ensure the right of others to exercise their free speech or another right provided by law;
• Complete a transaction and/or provide an item or service requested by you or reasonably anticipated by you within the context of the business relationship, or to otherwise perform the contract;
• Protect your vital interests, or the vital interests of others; and,
• As otherwise permitted under applicable law.

USE OF PERSONAL DATA

We collect and use personal data for various purposes, including  but not limited to the following:

Provide Products and Services: Provide, maintain, and improve our data, products, events, and services;

Complete Transactions: Complete the transactions you request, perform our contractual obligations and as otherwise reasonably anticipated within the context of our ongoing business relationship;

Manage Accounts: Create and manage your online accounts, profiles, and KIKA VARGAS program memberships;

Service Communications: Send notifications related to your account, purchases, exchanges, and returns;

Respond to You. Respond to your requests and process any other communications from you, including providing customer service;

Advertising and Marketing. Send advertising or marketing communications about products, services, offers, promotions, rewards, and events offered by KIKA VARGAS and others, and provide news and information that we believe may be of interest to you. Our marketing and advertising will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law;

Events and Offers. Offer, conduct and administer events, contests, prize draws, and other promotions;

Research and Development. Conduct research and development;

Personalize Your Experience. Monitor, analyze and audit your engagement with our brand and your interactions with our Services and online ads to better understand your interests and behaviors and customize your experience;

Safety and Security. Detect and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, and breach of contract, security incidents, and harm to the rights, property or safety of KIKA VARGAS and our users, customers, employees or others;

Troubleshooting. Debug, identify and repair errors that impair the functionality of our Services;

Corporate Transactions. We may process personal data in the context of corporate acquisitions, mergers, or other corporate transactions;

Your Consent. We may process your personal data in accordance with your consent or instructions;

Comply with Legal Obligations. Comply with our legal or regulatory obligations, including our tax obligations and those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions; and

Reasonable Other Purposes. As permitted by applicable law, carry out certain short-term activities and for other reasonable purposes related to the products or Services you purchase from us or your ongoing relationship with us. Where required by applicable law, KIKA VARGAS LLC will provide a notice of such data processing prior to using your personal data for such purposes.

DISCLOSURE OF PERSONAL DATA

We share personal data for the purposes and entities described below who may act as data processors.  Please note that this Privacy Policy does not govern the collection and use of information by companies that Kika Vargas does not control, nor by individuals not employed or managed by us. 

With our Affiliates and Subsidiaries. We share your personal data with our parent holding company, subsidiaries and affiliates for the purposes described in the “USE OF PERSONAL DATA” section above. Since our holding company, subsidiaries, and affiliates are located around the world, please note that these disclosures involve cross-border transfers of your personal data as described in the “DATA TRANSFERS” section below.

With our Service Providers. We share personal data with unaffiliated companies or individuals we hire or work with that perform services on our behalf, including customer support, web hosting, information technology, payment processing, product fulfilment, fraud control, direct mail and email distribution, events, contest, sweepstakes and promotion administration, and advertising and analytics services. These third-party service providers have access to personal data needed to perform their services but may not use it for other purposes. Since our service providers are located around the world, please note that these disclosures involve cross-border transfers of your personal data as described in the “DATA TRANSFERS” section below.  Kika Vargas does not accept responsibility for any privacy policies, practices and/or procedures of other such websites.  

In Connection with a Corporate Transaction. Personal data may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation, or any other type of acquisition, disposal, securitization or financing involving KIKA VARGAS.

With our Professional Advisors. We share personal data with our legal, financial, insurance, and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of all or part of KIKA VARGAS’s business or operations.

With Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We disclose personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process (including an enforceable request from authorities), to respond to claims (including inquiries by you in connection with your purchases from KIKA VARGAS), to enforce or apply our TERMS OF USE, or to protect the rights, property, or personal safety of KIKA VARGAS LLC., our users, employees, or others.

With Your Consent or at Your Direction. We may share personal data with third parties when we have your express or implied consent to do so. For example, if you decide to participate in certain interactive areas or features of our events or Services, such as creating a public profile and posting your goals, you consent by implication to the disclosure of this information to other users of our websites. We may also share your personal data with third parties when you intentionally direct us to do so or when you use our Services to intentionally interact with third parties.

Aggregated, Anonymized or De-identified Data. We may also share aggregated, anonymized or de-identified information, which cannot reasonably be used to identify you.

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to provide analytics services and serve advertisements on our behalf across the web. These entities may use cookies, web beacons, device identifiers, and other tracking technologies which collect information about your use of the Services and other websites and applications. This information may be used by KIKA VARGAS and others on our behalf to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interest on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt out of our use of your web browsing information for behavioral advertising purposes, please send an email to kikavargas.com.  For advertisements on any third-party platforms, please refer to the particular third-party platform’s Privacy Policy to learn more about your choices.

MARKETING COMMUNICATIONS

You may opt out of receiving promotional communications from us by following the instructions in those communications or by logging in to your online account and changing your communications preferences. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

PERSONAL DATA WE TRANSFER:

For the reasons and purposes set forth in this Privacy Policy, the personal data that we collect may be transferred to and stored or otherwise processed in the United States, Colombia, and other locations. We also transfer personal data to service providers that process personal data for us in Colombia, the United States, Canada and other locations (as an example, cloud or server services). Please be aware that these jurisdictions may have different data privacy laws and may not provide the same level of data protection as your home jurisdiction.  Please be aware also that Kika Vargas does not accept responsibility for any privacy policies, practices and/or procedures of other such websites.

RETENTION OF PERSONAL DATA

We retain personal data in accordance with applicable law. Unless otherwise required by applicable law, KIKA VARGAS. will take reasonable steps to destroy or permanently de-identify personal data we hold if such personal data is no longer needed for the purpose for which it was collected.  The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Privacy Policy.

CHILDREN UNDER 13.  

Our website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.