KirBeBetter Terms & Privacy Policy


PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY KirBeBetter PLATFORM.

Welcome to the KirBeBetter community!  You are reading these Terms because you are using a KirBeBetter website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of KirBeBetter’s Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier’s normal rates and fees apply to your Device.

These Terms create a legally binding agreement between you and KirBeBetter and its affiliates (which we may refer to as “KirBeBetter,” “we,” “us,” or “our”) regarding your use of the Platform. A few important points:

  • Our Terms May Change.  We may update these Terms from time to time.  If a material change is made, we will post a notice on the Platform or send you a notification.  Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.  
  • Terms of Sale. By making any purchase with us, you also agree to the below listed Terms of Sale.
  • Privacy Policy.  Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

1. GROUND RULES

Eligibility. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian.  There may be certain age restrictions for specific Platform services in various countries.

Rules for Registration. When you register for an account with us, the following rules apply:

  • Be True:  Provide accurate and current personal registration information. Do not register for more than one KirBeBetter account, register a KirBeBetter account on behalf of someone else, or transfer your account.
  • Be Secure:   Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
  • Be Responsible:  Inform KirBeBetter immediately of any unauthorized use of your KirBeBetter account.  You are responsible for anything that happens through your KirBeBetter account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, KirBeBetter IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.  

2.  OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform – including text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by KirBeBetter or others we license Content from, and is protected by copyright, trademark, patent, and other laws. KirBeBetter reserves all rights not expressly described in these Terms.

  • All trademarks, service marks and trade names (e.g., the KirBeBetter name and logo) are owned, registered and/or licensed by KirBeBetter.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
  • You agree not to change or delete any logos or ownership notices from materials downloaded or printed from the Platform.
  • To the extent KirBeBetter approves the download or use of Content comprised of copyrights or copyrightable works, KirBeBetter grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as KirBeBetter makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  KirBeBetter reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. KirBeBetter reserves the right to take down any Content in violation of these terms or KirBeBetter’s intellectual property rights. Allowing you this limited use does not constitute a waiver of any of KirBeBetter’s rights to the Content.
  • Outside of the specific usage rights granted to you by KirBeBetter in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without KirBeBetter’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

3.  POSTING CONTENT ON THE PLATFORM

User Content License.Some parts of the Platform allow you to post images, videos, comments, and other content, which we refer to as “User Content.”  KirBeBetter is not responsible for User Content others post to the Platform. User Content is owned by whoever created it, but when you post User Content you license it to KirBeBetter as described below:

  • You represent that you have the right to post your User Content, and you grant KirBeBetter a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. KirBeBetter may, in its sole discretion, remove any User Content at any time.  
  • You understand that deleted User Content may persist in KirBeBetter’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.

LICENSE TO USE REVIEWS, COMMENTS, FEEDBACK, AND IDEAS.  You understand that any reviews, comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to KirBeBetter a perpetual, worldwide license to use all comments, feedback, reviews, and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

4.  USER CODE OF CONDUCT

We’re excited to have you contribute to the KirBeBetter community! Here are a few basic rules:

  • Be Safe.
    • Do not do anything that may expose KirBeBetter or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform or Products.
    • Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
    • Do not use any data mining, robots, scraping or similar data gathering methods.
    • Unless we indicate otherwise, our Platform is a public place.  Do not post personal information to the Platform – yours or anybody else’s.
  • Be Personal.

o Do not collect or solicit personal information from other Platform users or send unsolicited messages.

o Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.

o Do not impersonate any person or organization, including athletes or KirBeBetter employees.

o Do not use automated technology to interact with the Platform.

  • Be Appropriate.

o Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.

o Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. KirBeBetter has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.

  • HAVE FUN!

5.  COPYRIGHT INFRINGEMENT

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims.  KirBeBetter may terminate the accounts of Platform users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send copyright infringement complaints to: info@KirBeBetter.com

6.  PARTNERS ON THE PLATFORM

From time to time, KirBeBetter may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean KirBeBetter endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party sites and their terms of use and privacy policy. KirBeBetter is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

7.  IMPORTANT DISCLAIMERS

PHYSICAL ACTIVITY.  The Platform may include features that promote physical activity, nutrition, or general wellness.  They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.  

  • Consider the risks involved and consult with your medical professional before engaging in any physical activity.
  • Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform.
    • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, KirBeBetter IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.

USER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.

  • Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be.  KirBeBetter is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties, and remedies, so these exclusions and limitations may not apply to you.

  • The Platform, Content, and the materials and products on this Platform are provided “AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, KirBeBetter IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.    
  • KirBeBetter does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.  
  • To the fullest extent permitted by law, KirBeBetter disclaims all warranties, express or implied, regarding the Platform, Content, User Content, and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
  • You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
  • We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.

8.  TERMINATION

KirBeBetter may terminate or modify any KirBeBetter Platform, member program, product or service at any time without notice.

KirBeBetter may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to KirBeBetter, subject to applicable law.    

  • You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
  • These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

9.  INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Platform but KirBeBetter must also protect itself from any damages you may cause.

Indemnification and RELEASE.  You agree to indemnify, defend, and hold harmless KirBeBetter, its affiliates, officers, directors, employees, distributors, vendors, agents, licensors, and suppliers (the “KirBeBetter Parties”) from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the KirBeBetter Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

LIMITATION OF LIABILITY. NONE OF THE KirBeBetter PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A KirBeBetter EVENT OR KirBeBetter PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF KirBeBetter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST KirBeBetter IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF KirBeBetter IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, KirBeBetter’S LIABILITY SHALL NOT EXCEED US$100.00.

10.  DISPUTES / ADDITIONAL TERMS

Choice of Law/Jurisdiction

  • You agree that this Platform is a passive platform solely based in Texas, USA, which does not give rise to personal jurisdiction over KirBeBetter in jurisdictions other than Texas.
  • You agree that the Platform, Terms, Privacy Policy, and any dispute between you and KirBeBetter shall be governed in all respects by Texas law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims, and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of KirBeBetter products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Houston, Texas, USA.
  • You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Houston, Texas, USA.
  • All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic Communications

  • By using the Platform, you agree to receive certain electronic communications from KirBeBetter, subject to applicable law.
  • You agree that any notice, agreement, disclosure or other communication that KirBeBetter sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Assign, No Waivers, Severability

  • KirBeBetter may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
  • KirBeBetter’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or KirBeBetter’s rights. Users should always assume these Terms apply.
  • If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

KirBeBetter TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS FROM THE KirBeBetter PLATFORM. PLEASE NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.  

1. APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using a KirBeBetter website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of KirBeBetter’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and KirBeBetter and its affiliates (which we may refer to as “KirBeBetter,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform.  KirBeBetter may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us!

2. PLACING ORDERS ON THE PLATFORM

To place an order on the Platform, you must be of legal age in your country. You will need an email address, shipping address, payment method, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding items to your shopping cart, and submitting your order.

After you submit an order we will send you an email acknowledging receipt of your order, process your order, and ship it to you as soon as possible. Once the Products have been shipped to you, we will send you an “Order Confirmation” email confirming that the Products have been shipped. At this point a contract containing these Terms of Sale comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • the product is not available / in stock;
  • your billing information is not correct or not verifiable;
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • your bank transfer payment is not received within 12 calendar days after acceptance of your order;
  • we believe you are under the legal age in your country;
  • in the event of misspelling, pricing or other errors or mistakes in the Platform information;
  • we could not deliver to the address provided by you; or
  • due to an Event Outside Our Control (see below);

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.

TITLE TRANSFER

The risk of loss and title for products purchased from KirBeBetter is passed to you upon our delivery to the carrier.

3. PRICES & PAYMENT

PAYMENT METHODS

You can find the available payment methods for each country on KirBeBetter.com (the “Website”). Please do not try to pay by any other way than specified there, as we may not accept other forms of payment. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

PAYMENT PROCESSING

Your payment will be processed immediately after submitting your order on our Platform. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase may automatically be cancelled.  Payments can only be processed if the billing information can be verified.

PRICES

The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable.

YOUR TOTAL PRICE

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation email, which we recommend you print or download for future reference.

CURRENCY

Our prices are quoted in US dollars. If paying by credit or debit card, the total amount for your entire order will be reflected on your statement in your local currency. If your local currency is different from the currency in which the prices are quoted, your bank will apply your local exchange rate applicable per the date of purchase, which is beyond our control.

PRICE CHANGES

The prices of the products will be as displayed on the Platform at the time of your order. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.

4. SHIPPING & DELIVERY

We do not ship on weekends or national holidays. We can only fulfill orders to verifiable residential or office addresses. Please contact us for special shipping or delivery requests.

SPLIT DELIVERY

When possible, we try to deliver all the items you ordered at the same time.

There may be some situations where we need to split the delivery of your order if, for example, part of your order is still in progress, delayed, or unavailable. In the event that we split your order, we will send you an email to the email address you entered when you placed your order. You will not be charged any additional shipping or delivery cost, and we’ll do our best to get you your remaining items as quickly as possible!

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If the packaging or products seem damaged in any way, please do not accept the shipment.

LOST OR STOLEN ORDERS

After your order has been placed, processed, and payment has been approved, your product will be shipped via common carrier freight, USPS, UPS ground or FedEx Ground unless otherwise specified. UPS Ground, USPS, and FedEx Ground deliveries do not require a signature at the time of delivery and will be left at the location if no one is present. WE ARE NOT RESPONSIBLE for lost, stolen, misplaced, or delayed shipments, or deliveries damaged by the freight carriers, or for delays, losses, misdeliveries, or other problems with shipments resulting from incorrect information provided by the Customer. Please contact the carriers to address issues in this regard.

SHIPPING RATES

Shipping rates are calculated per order and depend on the location where your order is being delivered to.

5. CANCELLATIONS & EXCHANGES

CANCELLING ORDERS

Orders can be only be canceled or modified within 2 hours of completing check-out by contacting us with your order number and request for cancellation or changes to your order.

If you try to cancel or modify your order 2 hours or more after the time of purchase, we may not be able to cancel or modify your order, but please contact us in case we can make an exception for you. Our customer service agents will send a request to our warehouse to cancel or modify your order. If successful, they will send you an email confirming the cancellations or changes to your order. If cancellation or modification is not possible, the product(s) will be delivered to you and may be exchanged in accordance with the procedure set out below.

EXCHANGING ORDERS AFTER DELIVERY

All sales are final.

You may be eligible to exchange your apparel purchase for a different size of the same product within 14 days from the date of purchase (subject to availability and inspection of the returned products). The apparel you wish to exchange must be unused and must include all the original packaging and tags. The cost of the return shipping of the product for exchange is the responsibility of the Customer.Upon receipt and inspection of the returned item(s) at our warehouse, the replacement items you requested will be shipped free of charge.

DEFECTIVE PRODUCTS POLICY

You are eligible for a replacement if the product is found to have manufacturer defective within 14 days of receiving your order. Please inspect all deliveries upon receipt.

6. CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS

Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. The following specific conditions apply to pre-ordered products:

Delivery. An estimated date of delivery will be announced for all pre-orders. This information is best estimates only, timelines are not binding.Concrete delivery times depend on the moment the product is available in our warehouse and the location it is being delivered to. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse.

Payment. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment.

7. EVENTS OUTSIDE OUR CONTROL

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lockouts, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a)         We will contact you as soon as reasonably possible to notify you; and

b)         Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may contact us and request a special exception to cancel your order if an Event Outside Our Control takes place and you no longer wish us to provide the products.

8. OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.

Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.

KIRBEBETTER PRIVACY POLICY

This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information.

This privacy policy describes the personal data collected or processed when you use our websites (“Sites”) and mobile applications (“Apps”). It also explains how your personal data is used, shared and protected, what choices you have relating to your personal data, and how you can contact us.

WHO is Responsible for the Processing of Your Personal Data?

KirBeBetter (referred to as “KirBeBetter”, “our”, “we” or “us” in this privacy policy)

WHAT Personal Data Do We Collect and WHEN?

We may ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact customer service, request to receive communications, create an account, participate in our events or contests, or use our Sites or Apps.

This personal data includes your:

o contact details including name, email, telephone number, shipping and billing address;

o login and account information, including username and password;

o payment or credit card information;

o images, photos and videos;

o data on physical characteristics, including weight, height, and body measurements (such as estimated stride and shoe/foot measurements or apparel size);

o fitness activity data provided by you or generated through our Sites or Apps (time, duration, distance, location, calorie count, pace/stride); or

o personal preferences including your wish list as well as marketing preferences.

o social network information, including credentials and any information from your public posts about KirBeBetter or your communications with us.

When interacting with our Sites and Apps, certain data may be automatically collected from your device or web browser.  This data includes:

o Device IDs, call state, network access, storage information and battery information; and

o Cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.

KIDS

We do not knowingly collect personal information online from children under the age of 13.

TOOLS to Manage What Personal Data We Collect

When using our Apps and Sites, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or send push notifications. We may obtain this consent through the Apps or Sites or using the standard permissions available on your device.

In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data.  For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.   

To Provide the Features of the Sites, Apps, and Services You Request

When you use our Sites and Apps, we will use your personal data to provide the requested product or service.  For example, if you make a purchase on our website or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our customer service, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.

In many cases, to use particular features within our Sites and Apps you may need to provide KirBeBetter with additional data or additional consent to use particular data in a certain way.  For example, to share content on social media, you may be required to provide your social media account credentials to sign in.

To Communicate Information About Products, Services, Events, and for Other Promotional Purposes

If you are an existing customer of KirBeBetter (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar KirBeBetter products or services, where permitted by applicable law (unless you have opted-out). In other cases, we ask for your consent to send you marketing information.

We may use the information that you provide to us as well as information from other KirBeBetter products or services – such as your use of KirBeBetter Sites and Apps, or your participation in KirBeBetter events and contests (possibly through other KirBeBetter affiliates) – to personalize communications and advertisements regarding our products and services that may be of interest to you.  For registered users, this may include data collected from your interactions with our Sites and our Apps that are associated with your account across devices.

To Operate, Improve, and Maintain our Business, Products, and Services

We use the personal data you provide to us to operate our business.  For example, when you make a purchase, we use that information for accounting, audits, and other internal functions.  We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Sites and Apps.

To Protect Our or Others’ Rights, Property or Safety

We may also use personal data about how you use our Sites and Apps to prevent, detect, or investigate fraud, abuse, illegal use, violations of our Terms of Use, and to comply with court orders, governmental requests or applicable law.

For General Research and Analysis Purposes

We use data about how our visitors use our Sites, Apps, and services to understand customer behavior or preferences.  For example, we may use information about how visitors to Got1s6.com search for and find products to better understand the best ways to organize and present product offerings in our storefront.

Other Purposes

We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

KirBeBetter shares your personal data with:

o KirBeBetter entities for the purposes and under the conditions outlined above

o Third party service providers processing personal data on our behalf, for example to process credit cards and payments, shipping and deliveries, host, manage, and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions, as well as administering certain services and features.

o Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Sites and Apps or violations of our Sites’ and the Apps’ Terms of Use and our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting).

o To any other third party where you have provided your consent.

We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).

PROTECTION and MANAGEMENT of your Personal Data

o Encryption & Security: We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, to maintain the safety of your personal data.

Despite our efforts, no website, mobile application, database or system is completely secure or “hacker proof.” You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.

o Retention of your personal data: We retain your personal data for as long as necessary to fulfil the purposes described in this policy, unless otherwise required by law.  For example, we keep your account profile information for as long as you keep your KirBeBetter account, but, we may keep your order history longer to comply with legal obligations.  

o Managing your personal data:  You may have the right to request: (i) access to your personal data; (ii) an electronic copy of your personal data (portability); (iii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion or restriction of your personal data in certain circumstances provided by applicable law. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us.  

o Managing your content:  You can request removal of your posted User Generated Content on the Site or App, but please note that removal may not encompass all possible locations, for example, back-ups or sharing by other users initiated prior to removal.

o Managing your notifications: If you have a KirBeBetter account, you can opt-out of receiving KirBeBetter marketing communications by modifying the preferences in your account settings.  Alternatively, you can opt-out by following the opt-out or unsubscribe instructions in the message or by contacting us.

COOKIES and Pixel Tags

KirBeBetter collects information, which may include personal data, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.  

Third parties may also collect information via Sites through cookies, third party plugins, and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies.

We use cookies and pixel tags to track usage of the Sites and to understand our customers’ preferences (such as country and language choices). This enables us to provide services to our customers and improve their online experience. We also use cookies and pixel tags to obtain aggregate data about site traffic and site interaction, to identify trends and obtain statistics so that we can improve our Sites. There are generally three categories of cookies used on our Sites:

o Functional: These cookies are required for basic site functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Sites within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.

o Performance: These cookies allow us to improve our Sites’ functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember site preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow site performance.

o Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Sites through social media.  Advertising cookies (of third parties) collect information to help better tailor advertising to your interests, both within and beyond our Sites. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.

Your browser can help you manage cookies.  You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Sites and Apps more efficient and some of our services will not function properly.  There are also general resources for opting out of interest based advertising available on the websites of the Network Advertising Initiative and the Digital Advertising Alliance.

Similarly, you can adjust your advertising preferences on your mobile device at the device level.  For example, to adjust your advertising preferences in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking. To adjust your advertising preferences in Android, visit Settings > Google > Ads > Opt out of interest-based ads.  

USING KirBeBetter Sites and Apps with Third-Party Products and Services

Our Sites and Apps allow you to interact with a wide variety of other digital products and services.  For example, our Sites and Apps can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services.

If you choose to connect your KirBeBetter account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies.  For example, if you choose to share your KirBeBetter activity on third-party social media platforms, the policies of those platforms govern the data that resides there.

Our Sites and Apps may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.

CHANGES to Our Privacy Policy

Applicable law and our practices change over time. If we decide to update our privacy policy, we will post the changes on our Sites and Apps. If we materially change the way in which we process your personal data, we will provide you with prior notice, or where legally required, request your consent prior to implementing such changes. We strongly encourage you to read our privacy policy and keep yourself informed of our practices.

QUESTIONS and Feedback

We welcome questions, comments, and concerns about our privacy policy and privacy practices.

If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal data, please contact us.

If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner.

Thanks for reading this legal jargon. Please enjoy our community, and let us know if you have any questions or feedback!


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