Privacy Policy

 

Kosama Holdings, LLC (“Kosama,” “we,” “us,” or “our”) owns the Web site located at kosama.com (this “Site”). Kosama is committed to providing the information you need to make informed choices about the ways you use this Site. This Policy describes the personal information we collect when you use this Site. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy.

 

If you have any questions about this Policy or our privacy practices, please contact us by e-mail at customercare@kosama.com or by mail at 2411 Galpin Court, Suite 110, Chanhassen, MN 55317.

 

Effective Date

 

April 13, 2012

 

Your Consent

 

Please take a few minutes to review this Policy before using this Site. By using this Site you are consenting to the collection, use and disclosure of your personal information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use this Site.

 

This Policy is Part of Our Terms of Use

 

This Policy is part of the Terms of Use that govern your use of this Site. A link to our Terms of Use is provided at the bottom of each page of this Site.

 

This Policy May Change

 

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, we reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy Policy” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy. However, we will honor the terms that were in effect when we gathered data from you.

 

For your convenience, whenever this Policy is changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “effective date” at the top of this page. If more than sixty days goes by between your visits to this Site, be sure you check the effective date to see if this Policy has been revised since your last visit.

 

You may access the current version of this Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of this Site.

 

Privacy Notices

 

This Policy may be supplemented or amended from time to time by “privacy notices” posted on this Site. These privacy notices provide a level of detail that we cannot provide in this more general description of our privacy practices. For example, certain pages of this Site may contain privacy notices providing details about the personal information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

 

Other Agreements

 

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of this Policy, the terms of the click-through agreement will supplement or amend this Policy, but only with respect to the matters governed by the “click-through agreement.”

 

Definition of “Personal Information”

 

“Personal information” means information about an identified or identifiable individual. Examples of personal information include your name, your e-mail address, and your photograph.

 

Types of Personal Information We Collect

 

Information You Volunteer. Kosama collects the personal information you knowingly and voluntarily provide (using your mouse and keyboard) when you use this Site. For example, we collect the personal information you provide when you join a club, purchase a gift certificate, or request information about franchising or corporate wellness.

 

Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings. Generally, we do not link the information provided by your browser to information that identifies you by name.

 

More About IP Addresses. An “IP address” is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer’s “location” in cyberspace, so that the information you request can be delivered to you. If you use a dial-up connection or a connection that assigns dynamic IP addresses, your computer will be assigned a new IP address each time you connect to the Internet. If, however, your computer is permanently connected to the Internet using a static IP address, the IP address assigned to your computer will generally be the same each time you use your computer.

 

IP addresses do not include your name, e-mail address or other information that identifies you personally, but in some cases, they can be used to identify you. For example, if you have created a profile on this Site, we may link your IP address to account information that identifies you personally. We may also provide your IP address to our third-party service provider who can use it to identify your state and zip code. This gives us valuable demographic information about the individuals who use this Site. Our service providers are bound by contract to use the IP addresses we provide only for this purpose. In addition, if, for example, we suspect fraud or a threat to the security of this Site, we may share our server logs—which contain users’ IP addresses—with the appropriate investigative authorities, who could use that information to trace and identify individuals.

 

Cookies and Similar Technologies. We use “cookies” and other Web technologies to collect information and support certain features of this Site. For example, we may use these technologies to:

 

  • collect information about the ways visitors use this Site—which pages they visit, which links they use, and how long they stay on each page;
  • to support the features and functionality of this Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits; and
  • to personalize your experience when you use this Site.

 

Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a profile on this Site, we may link the information we collect using these Web technologies to other information that identifies you personally.

 

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may also delete our cookies as soon as you leave this Site. Although you are not required to accept our cookies when you visit this Site, if you set your browser to reject cookies, you will not be able to use all of the features and functionality of this Site.

 

How We Use Personal Information Collected Through This Site

 

Generally, we use the personal information we collect through this Site

 

  • to provide the information, products and services you request;
  • for security, credit or fraud prevention purposes;
  • to provide you with effective customer service;
  • to provide you with a personalized experience when you use this Site;
  • to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • to contact you with information and notices related to your use of this Site;
  • to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
  • to better understand your needs and interests;
  • to improve the content, functionality and usability of this Site and other sites owned by Kosama;
  • to improve our products and services;
  • to improve our marketing and promotional efforts; and
  • for any other purpose identified in an applicable Privacy Notice, click-through agreement or other agreement between you and us.

 

Please see below for information about the choices you have about the ways we use your personal information.

 

How We Use Survey Information

 

From time to time, we may post a survey on this Site or, if we have your contact information and your consent, we may send you a questionnaire or survey. Your participation in any survey is always voluntary. We compile statistical information from the responses to our surveys. These statistics do not identify you personally. These statistics help us understand the needs and preferences of the groups we serve and improve the content and functionality of this Site.

 

Your Choices

 

In General.  We respect your right to make choices about the ways we collect, use and disclose your personal information.  In most cases, we will ask you to indicate your choices at the time we collect your personal information. For example, when you join a club, we provide you with an opportunity to “opt out” of receiving certain e-mail communications from us.  In addition, we will include an “unsubscribe” link in each electronic newsletter or promotional e-mail we send you, so that you can inform us that you do not wish to receive such communications from us in the future.

 

Previously Expressed Preferences. You may change previously expressed preferences regarding how we use your personal information. If at any time you wish to be taken off our mailing lists, please contact us by e-mail at customercare@kosama.com or by mail at 2411 Galpin Court, Suite 110, Chanhassen, MN 55317. Please provide your full name, postal address, e-mail address, and phone number so that we can find you on our mailing lists.  Once we have the information we need, we will remove you from our mailing lists as you have requested.  Please give us a reasonable amount of time to honor your request.

 

How to Access, Update or Correct Your Personal Information

 

If you have created a profile on mykosama.com, you can access, update or correct your personal information through your account settings. Otherwise, you may need our help. Please contact us by e-mail at customercare@kosama.com or by mail at 2411 Galpin Court, Suite 110, Chanhassen, MN 55317. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law.  We may ask you for additional information to verify your identity.  In most cases, we will provide access and correct or delete any inaccurate information you discover.  In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity. 

 

Steps We Take to Safeguard your Personal Information

 

We maintain reasonable administrative, physical and technological measures to protect the confidentiality and security of personal information you submit on or through this Site. For example, when collecting credit card information for online purchases, we offer secured-service transactions that encrypt your information in transit to thwart others from intercepting or misusing it. Unfortunately, no Web site, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that your personal information will not be disclosed, misused or lost by accident or by the unauthorized acts of others. Further, we cannot control dissemination of personal information you post on or through this Site using our social networking tools, and you should have no expectation of privacy in such information.

 

How We Share Your Personal Information With Others

 

Third–Party Vendors. Kosama shares personal information collected through this Site with third-party vendors who act on our behalf. We may use third-party vendors to design and operate this Site; to conduct surveys; and to help us with our promotional efforts. These third-party vendors may need information about you to perform their functions. These companies are required by contract to keep your personal information confidential and may use it only to provide services on our behalf.

 

Certain third parties may aggregate personal information we share with them to compile statistical information. Although the third parties may use this statistical information in connection with their own purposes, including their own marketing purposes, the statistics do not identify you personally.

 

Our Franchisees. Kosama shares personal information collected through this Site with the owner of the particular Kosama Club to which you belong or in which you have expressed interest. Our franchisees are required by contract to keep your personal information confidential and they may use this information only in accordance with the terms of the contract.

 

Business Transfers. Your personal information may be transferred to a successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge with another organization. If such a transfer occurs, the successor organization’s use of your personal information will still be subject to this Privacy Policy and the privacy preferences you have expressed to us.

 

Compliance With Laws and Protection of Our Rights and the Rights of Others. We may disclose your personal information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your personal information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

 

As Described in a Privacy Notice. We reserve the right to disclose your personal information as described in any Privacy Notice posted on a page of this Site where you provide that information. By providing your personal information on that page you will be consenting to the disclosure of your personal information as described in that Privacy Notice.

 

As Described in a Click–Through Agreement. We reserve the right to disclose your personal information as described in any click–through agreement to which you have agreed.

 

Children Under the Age of Thirteen

 

We are proud of this Site and we strive to ensure that it doesn’t offend people of any age. However, this Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted personal information on or through this Site without the consent and supervision of a parent or guardian, please contact us by e-mail at customercare@kosama.com or by mail at 2411 Galpin Court, Suite 110, Chanhassen, MN 55317 so that we can take appropriate action.

 

Links to Other Sites

 

This Site may provide links to other Web sites operated by third parties. For example, if you wish to buy Kosama gear, you will be delivered to a site powered by Four51° and Four51°’s terms of use and privacy policy will apply. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. Kosama shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. This Policy does not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms and policies of the owner of such Web sites.

 

Information for Visitors Accessing Our Sites from Outside the United States

 

Kosama is a U.S. Limited Liability Company headquartered in the United States.  This Site is currently hosted on servers located in the United States, although we reserve the right to relocate this Site to other servers elsewhere in the world. Your personal information may be stored on servers located within the United States or in another country.  In addition, we may transfer your personal information to our service providers and others located in the United States or another country for the purposes described in this Policy.  Different countries have different privacy laws and requirements, and some provide less legal protection for your personal information than others.  Please know, however, that no matter where your personal information is collected, used, transferred or stored, if it was collected through this Policy, it will be protected by the terms of this Policy and any Privacy Notices, or other agreements that apply to you.

 

BY USING THIS SITE, YOU ARE CONSENTING TO THE COLLECTION, USE, AND TRANSFER OF YOUR PERSONAL INFORMATION IN OR TO THE UNITED STATES OR TO ANY OTHER COUNTRY IN THE WORLD SUBJECT TO THE TERMS OF THIS POLICY.

 

Contact Us

 

If you have any questions regarding this Privacy Policy, please contact us by e-mail at customercare@kosama.com or by mail at 2411 Galpin Court, Suite 110, Chanhassen, MN 55317.