PRIVACY POLICY

Kurk US LLC

Who We Are

When we refer to 'we' (or 'our' or 'us'), that means Kurk US LLC. To keep things simple, we will use 'Kurk' or 'Kurk US' throughout this Privacy Policy. Kurk US is based in the United States at 254 Chapman Road, Ste 208, Newark, 19702, Delaware.

Corporate Structure and Affiliated Companies

Kurk US LLC is a subsidiary of TruthCorp Holdings Limited (the "Parent Company"). References to 'we', 'our', or 'us' in this Privacy Policy include both Kurk US LLC and, where applicable, TruthCorp Holdings Limited and its affiliated companies (together, the "Group" or "Group Companies"). TruthCorp Holdings Limited operates as the parent company of a group that includes various subsidiary companies operating in different jurisdictions.

Privacy Policy Overview

This Privacy Policy describes how and why we collect, store, use, and disclose personal information. We are committed to protecting your privacy and handling your personal information in accordance with applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), the Colorado Privacy Act (CPA), the Virginia Consumer Data Protection Act (VCDPA), and other applicable state privacy laws.

'Personal information' means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

We commit to processing your personal information fairly, lawfully, and transparently. Please do not hesitate to contact us if you have questions about this Privacy Policy at talk@kurk.us.

The Personal Information We Collect

Depending on the type and level of engagement you have with us, we may collect the following categories of personal information:

Identifiers and Contact Information: such as your full name, date of birth, email address, phone number, and postal address

Purchase and Billing Information: such as purchase history, payment preferences, delivery address, payment card details (processed by our payment providers), and billing address

Communications: such as a record of our interactions with you including direct messages, emails, posts, and phone conversations

User Feedback: while using our services, occasionally you may be asked to provide feedback. Providing this feedback is entirely optional.

Customer Account Information: such as login details, interaction information, purchase history, your preferences, and other personal information included in your Customer Account

Career Application Details: such as employment history, education history, contact details and other personal information included in your application

Digital Images: such as ID and photographs for verification of identity purposes

When you visit our website, we may collect technical information such as:

Usage Data: (where permitted) we collect certain information related to your device. This can include your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, the website you visited before browsing our site, what pages your device visited, the time that your device visited our website, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, and general location information such as city, state or geographic area (for more information please see the 'Our Use of Analytics' and 'Our Use of Cookies' sections later in this policy)

Children

Our services are designed for a general audience. We will not knowingly collect any personal information from children under the age of 16 or sell products to children, without the consent of a parent or guardian. If you are under the age of 16 and we do not have the consent of a parent or guardian, you are not permitted to use or submit your personal information to the website. If we learn that we have collected personal information from a child under 16 without parental consent, we will delete that information as quickly as possible.

Sensitive Personal Information

Under the CCPA/CPRA, 'Sensitive Personal Information' includes: Social Security, driver's license, state identification card, or passport numbers; account login credentials combined with security codes or passwords; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; contents of mail, email, and text messages (unless we are the intended recipient); genetic data; biometric information; health information; and information concerning sex life or sexual orientation.

We do not intentionally collect sensitive personal information except where necessary to provide our services. When we do collect sensitive personal information, we will only use or disclose it as necessary to perform the services you request, to prevent security incidents, to resist malicious or fraudulent actions, to ensure physical safety, for short-term transient use, to verify or maintain quality or safety, or for purposes authorized by applicable law or regulations.

You have the right to limit the use and disclosure of your sensitive personal information. See the 'Your Rights' section below for more information.

How We Collect Your Personal Information

We may collect your personal information in one of the following ways:

When you visit our website

When you buy products or services using our online checkout

When you provide information directly into our products and services

When you download a form or guide

When you express an interest in using our services

When you create an account with us

When you subscribe to our newsletter or blog

When you engage with us on social media

When you contact us with queries using our website chatbot

When you review our services

When you apply for an employment vacancy

We may also receive personal information about you from various third parties, including:

Technical data from analytics providers (see 'Our Use of Analytics')

Technical data from our website and cookies providers (see 'Our Use of Cookies')

Contact and/or transactional data from our trusted third-party providers (see 'How We Share Your Personal Information')

Why We Collect and Use Your Personal Information

We collect and use your personal information for the following business and commercial purposes:

Setting up and managing your account with us

Providing, operating, and maintaining our services

Processing and completing transactions, and sending related information, including transaction confirmations and invoices

Delivering products you have ordered

Managing our customers' use of our services, responding to inquiries and comments, and providing customer service and support

Sending you technical alerts, updates, security notifications, and administrative communications

Providing marketing communications to existing customers or subscribed users (where you have consented or we are otherwise permitted to do so)

Analytics to improve our website, products, services, and features for a better user experience

Investigating and preventing fraudulent activities, unauthorized access to our services, and other illegal activities

Processing your job application

Complying with our legal obligations

Sharing personal information within our corporate group (TruthCorp Holdings Limited and its affiliated companies) for internal administration, business operations, analytics, product development, and to provide you with a consistent service across our Group Companies

Marketing Preferences

We would like to send you information about products and services of ours that we think you might like. We may send you direct marketing communications, product information and promotional offers:

If you have consented to receiving such communications from us

If we have an existing business relationship with you

If applicable law permits us to send you such communications

Email marketing (if applicable): Where permitted, we may send emails about our store, new products, and other updates.

Text/SMS marketing (if applicable): We may send text messages about our store, new products, and other updates. Updates may include checkout reminders. The website uses webhooks and cookies (with your consent) to help keep track of items you put into your shopping cart including when you have abandoned your cart, and this information is used to determine when to send cart reminder messages via SMS.

You will always have full control of your marketing preferences. If you do not wish to continue receiving marketing information from us at any time:

You can unsubscribe by using the unsubscribe directions or link included in marketing communications from us; or

You may contact us by email at talk@kurk.us to opt out

We will process all requests as soon as possible, but please note that due to the nature of our IT systems it may take a few days for any opt-out request to be implemented.

How We Share Your Personal Information

We may disclose your personal information to the following categories of recipients:

TruthCorp Holdings Limited and Affiliated Companies

As part of the TruthCorp Holdings Limited corporate group, we disclose your personal information to our Parent Company and other affiliated companies for the following purposes:

(a) Fulfilling your orders and providing customer service across our brands;

(b) Internal business operations, administration, and centralized record-keeping;

(c) Marketing and promotional activities (where you have consented to receive marketing communications);

(d) Product development, research, and improvement;

(e) Analytics, business intelligence, and reporting;

(f) Compliance with legal and regulatory requirements; and

(g) IT infrastructure and security management.

TruthCorp Holdings Limited and all affiliated companies are bound by this Privacy Policy and appropriate intra-group data sharing agreements to ensure your personal information is protected to the same standards wherever it is handled within our Group.

Note for California Residents: This disclosure of personal information to our affiliated companies does not constitute a "sale" or "sharing" under the CCPA/CPRA, as it is made for internal business purposes within our corporate group. However, you retain all rights described in the California Consumer Privacy Act section below.

Third-Party Service Providers

We may also disclose your personal information to the following categories of third parties:

Website and hosting providers

Cloud service (SaaS) providers

Professional services providers (e.g., our lawyers, accountants, and insurance providers)

E-marketing providers (including Klaviyo)

Advertising providers

Recruitment partners

Payment providers (including Shopify Payments and PayPal)

Delivery and logistics providers

As part of fraud monitoring and prevention, we may be legally required to share your personal information with government bodies and law enforcement. Please note that these bodies may retain a record of the information that we provide to them for this purpose.

Sale or Merger

We may disclose your personal information as part of a merger or acquisition. If Kurk US or TruthCorp Holdings Limited is involved in a merger, financing, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of a liquidation, insolvency, bankruptcy, or receivership, we may disclose your information with that company before and after the transaction closes. In such a case, unless otherwise directed by applicable law, your information would remain subject to the terms of the applicable privacy policy in effect at the time of such transfer. You will be notified of any such changes in advance.

Our Use of Cookies

Our website uses cookies. They help us to provide you with the very best experience when you browse our website and to make improvements to our website. You can accept or reject cookies by clicking on the cookie consent banner on our website.

For detailed information on the cookies we use and the reasons why we use them, please refer to our Cookie Policy on our website.

Our Use of Analytics

We use analytics to continuously enhance our website, products, services, and features, ensuring an improved user experience. To achieve this, we rely on third-party tools and services that provide valuable insights and analysis of user behavior.

These third-party tools help us collect information automatically when you visit our website (where we have a legal basis to do so). The data includes details such as device type, browser, IP address, pages visited, and the date and time of your visit. By analyzing this information, we gain valuable insights into user preferences, interactions, and usage patterns. Through the use of these analytics tools, we can optimize website performance, personalize content, and enhance our offerings to better meet customer expectations.

For example, where users have accepted cookies, we enhance our marketing efforts using Klaviyo's segmentation feature. This allows us to segment our customer base and create targeted marketing campaigns. We categorize customers based on their preferences, behaviors, and purchase history, ensuring that we send personalized and relevant content to individuals (where we have a legal basis to do so). The information used for segmentation may include but is not limited to email addresses, browsing activity on our website, product preferences, order history, and demographic data.

If you would like any further information about the data collected by these third parties or the way in which the data is used, please contact us at talk@kurk.us.

Our Use of Targeted Advertising

We use targeted advertising tools to advertise our services, including (but not limited to):

Google Analytics

YouTube

Google Ads

Meta (Facebook and Instagram)

Polar Analytics

We use these tools to deliver relevant content to you in marketing communications (where applicable), and to measure the effectiveness of the advertising provided.

Note for California Residents: The use of third-party advertising cookies may constitute "sharing" of personal information for cross-context behavioral advertising under the CCPA/CPRA. You have the right to opt-out of such sharing by clicking the "Do Not Sell or Share My Personal Information" link on our website or by using a Universal Opt-Out Mechanism such as Global Privacy Control (GPC).

If you would like any further information about the data collected by these third parties or would like to opt-out of targeted advertising, please contact us at talk@kurk.us.

Links to Other Websites and Third Parties

Our website may include links to social media platforms and other websites. If you follow a link to any of these platforms or websites, please note that they 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 their platforms or websites.

Securing Your Personal Information

The communication between your browser and our website uses a secure encrypted connection wherever your personal information is involved. We use SSL (Secure Sockets Layer) on our checkout pages to protect your personal details, including your physical address and email address.

We have put in place physical, electronic, and managerial security procedures in the storage and disclosure of your personal information to protect it against accidental loss, destruction or damage. Nevertheless, any data transmission over the internet or by any other means can never be fully secure, such is the character of the internet, and provision of personal information by you to us is at your own risk. We take all reasonable measures to protect your personal information by putting appropriate technical and operational security measures in place.

When we disclose your personal information to trusted third parties (for the purposes set out in this Privacy Policy), including TruthCorp Holdings Limited and affiliated companies, we require all third parties to have appropriate technical and operational security measures in place to protect your personal information.

In the unfortunate event of a personal data breach, we will notify you and any applicable regulatory authority when we are legally required to do so.

Retaining Your Personal Information

We will not keep your personal information for longer than is necessary for the purposes for which it was collected, or as required by law. When we no longer need to retain your personal information, we will securely destroy, delete or anonymize it.

Having obtained your consent (or other legal basis) to contact you, we will retain your personal information for marketing and analysis purposes until you withdraw your consent or unsubscribe. If you choose to withdraw your consent or unsubscribe from marketing, we will delete your personal information from our systems, unless we have another legal basis to retain it, which may include performance of our contract with you or to maintain your contact details on an 'unsubscribed list' to ensure we do not send you further communications.

We may need to retain your personal information to satisfy our legal obligations, to deal with complaints and queries, to resolve, litigate or defend a dispute, and to prevent fraud and abuse.

International Data Transfers

Your personal information may be transferred to and stored in countries outside your country of residence, including the United Kingdom (where TruthCorp Holdings Limited is located), Australia, and other countries where our Group Companies or service providers operate.

Transfers to Group Companies: When we transfer your personal information to TruthCorp Holdings Limited or other Group Companies located outside the United States, we ensure that appropriate safeguards are in place to protect your information. This may include contractual arrangements requiring the recipient to protect your personal information to the same standards as required under applicable US law.

Transfers to Service Providers: Some of our service providers (including cloud storage, analytics and advertising partners) may be based outside the United States. Where this results in a transfer of personal information, we ensure appropriate safeguards are in place, such as contractual data protection clauses.

Please contact us if you want further information on the countries to which we may transfer personal information – talk@kurk.us.

Your Rights

You have rights under various privacy laws depending on your state of residence. Kurk is committed to you being able to freely exercise your rights. Send us an email at talk@kurk.us to exercise your rights. You are not required to pay any charge for exercising your rights.

California Consumer Privacy Act (CCPA/CPRA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act:

Right to Know: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. This information will include the categories and sources of the personal information that we collect about you, the purposes for which we use your information and with whom such information is shared. If your personal information has been sold or disclosed for business purposes over the past 12 months, you have the right to know the categories of personal information that were sold or disclosed and to which category of recipient they were sold or disclosed to.

Right to Delete: You have the right to request the deletion of your personal information, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our Service Providers to delete) your personal information from our records, unless an exception applies.

Right to Correct: You have the right to request that we correct any inaccurate personal information we have about you.

Right to Opt-Out of Sale or Sharing: If we sell or share personal information, you have the right to opt out of the sale or sharing of your personal information. Such requests can be made freely, at any time, by clicking the "Do Not Sell or Share My Personal Information" link on our website. We honor browser-based opt-out signals such as Global Privacy Control (GPC).

Right to Limit Use of Sensitive Personal Information: You have the right to limit the use of your sensitive personal information. You can request that we only use your sensitive personal information as necessary to provide the goods or services and as authorized by applicable regulations.

Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights. We will not charge you different prices or provide you a different quality of services.

To exercise any of your rights, contact us at talk@kurk.us. You may also designate an authorized agent to make a request on your behalf.

Categories of Personal Information Disclosed for Business Purposes (past 12 months):

Identifiers (name, email, address, phone) – disclosed to: service providers, Group Companies

Commercial information (purchase history) – disclosed to: service providers, Group Companies

Internet activity (browsing history, interactions) – disclosed to: analytics providers, advertising networks

Geolocation data (general location) – disclosed to: analytics providers

Colorado Privacy Act (CPA)

If you are a Colorado resident, you have the following rights:

Right of Access: You have the right to confirm if we process your personal data and to access your personal data.

Right to Correction: You have the right to correct inaccuracies in your personal data.

Right to Delete: You have the right to delete your personal data.

Right to Data Portability: You have the right to obtain your personal data in a portable and, to the extent technically feasible, readily usable format.

Right to Opt Out: You have the right to opt out of the processing of your personal data for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects.

If you have enabled a Universal Opt-Out Mechanism on your browser like Global Privacy Control (GPC), we will respect your choice. See more information on the Attorney General's website: https://coag.gov/uoom/.

Right to Appeal: You have the right to appeal our decision to deny your request within a reasonable time period. Under the CPA, we must respond to your request within 45 days of receipt and may subsequently extend that deadline by an additional 45 days when reasonably necessary. If we fail to act on your request in the timelines outlined above, you can appeal by contacting us at talk@kurk.us. If an appeal is denied, you can contact the Colorado Attorney General.

Virginia Consumer Data Protection Act (VCDPA)

If you are a Virginia resident, you have similar rights to those described in the Colorado Privacy Act section above, including the right to access, correct, delete, obtain a copy of your data, and opt out of targeted advertising, sale of personal data, and profiling. You also have the right to appeal any decision we make regarding your requests.

Other State Privacy Laws

If you are a resident of Connecticut, Utah, Texas, Oregon, Montana, or another state with comprehensive privacy legislation, you may have similar rights to those described above. Please contact us at talk@kurk.us to exercise your rights or to learn more about your rights under your state's privacy law.

Canada's PIPEDA

Under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), your rights include:

Right of Access or Rectification: You have the right to ask us for copies of the personal data we hold about you. You are also entitled to have your personal data corrected or updated if it is inaccurate.

Right to Withdraw Consent: In cases where we are relying on your consent for the processing of your personal data, you have the right to withdraw your consent at any time. An unsubscribe option is included with every e-marketing communication we send.

EEA and UK General Data Protection Regulation (GDPR)

If you are located in the UK or European Economic Area (EEA), you have the following rights under the GDPR:

Right to Be Informed: You have the right to be informed if and how your personal data is being processed.

Right of Access, Rectification, or Erasure: You have the right of access to personal data we hold about you. You are also entitled to have your personal data corrected if it is inaccurate, or to have it erased if we do not have a legitimate reason for retaining your data.

Right to Data Portability: You have the right to obtain a digital copy of your personal data, request the transfer of your personal data to another company or request to move your data from one IT system to another in a safe and secure way.

Right to Restriction of Processing: You have the right to restrict the processing of your personal data where you are contesting the accuracy of that information, you have objected to processing, or where the processing is unlawful.

Right to Object to Processing: You have the right to object to the processing of your personal information in certain circumstances such as where your personal data is being processed based on our legitimate interests or the legitimate interests of a third party. You may also object to processing for direct marketing purposes at any time.

Right to Object to Automated Decision-Making: You have the right not to be the subject of any automated decision-making or profiling by us.

Right to Withdraw Consent: In cases where we are relying on your consent for the processing of your personal data, you have the right to withdraw your consent at any time.

Right to Complain: Should you have any concerns or complaints regarding the way in which we process your data, you have the right to make a complaint to the relevant Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach a Supervisory Authority, so please contact us first at talk@kurk.us. The contact details of European Supervisory Authorities can be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en

Changes to This Privacy Policy

We may change this Privacy Policy from time to time, to reflect how we are processing your personal information. If we make significant changes, we will make that clear on our website or by some other means of contact such as email, so that you are able to review the changes before you continue to use our services.

How to Contact Us

We welcome feedback and are happy to answer any questions you may have about your personal information.

You can contact us at:

Email: talk@kurk.us

Address: Kurk US LLC, 254 Chapman Road, Ste 208, Newark, 19702, Delaware

This Privacy Policy was last updated: January 2025