Privacy

Thank you for visiting our privacy policy ("Privacy Policy"). This Privacy Policy applies to Personal Information (as defined below) collected on all websites associated with MCG, Inc. and its affiliates, subsidiaries and brands, including Kahe Surf (the "Company," "we," "us" or "our"), and on all affiliated domains that have a link to this Privacy Policy, through any related mobile applications, in-store computerized devices and in-store data collection forms, and physical retail locations where the Privacy Policy is posted (collectively referred to herein as the "Sites"). This Privacy Policy also explains the choices you have regarding how this information is collected and used.
Your use of the Sites is also expressly subject to our Terms and Conditions, available at https://kahesurf.com/pages/terms-and-conditions.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US, YOU CONSENT TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE, IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

Please note that this Privacy Policy is subject to an arbitration provision, requiring you to arbitrate any claim you may have against the Company on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT OF A JUDGE OR JURY TO ADJUDICATE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED WITH A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.


1INFORMATION COLLECTED

When you use our sites, we collect personal and non-personal information about you. The types of information we collect from you depend on the sites and the features you use on the sites. Personal information is information that identifies, relates to, describes, is reasonably likely to be associated with or could reasonably be linked, directly or indirectly, to a particular person or household. Please note that over time, non-personal information may become personal information due to changing regulations, technological advances or the combination of personal and non-personal information. The different types of information we collect from you may be as follows:

Purchase information: we may collect your name, billing address, shipping address, e-mail address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.

Information collected in-store: We may collect your name, e-mail address, postal address, zip code and preferences if you complete a form in-store. This information will be used to offer you products that may be of interest to you and to provide you with the information you request.

Account information: We may collect your name, e-mail address, postal address, zip code, date of birth and gender if you create an account with us. This information will be used to help you track your orders, to keep you informed of special offers and site updates, and to facilitate checkout when shopping.

Marketing communications information: We may collect your name, e-mail address, postal address, gender and date of birth if you sign up to receive promotional e-mails from us. This information may be used to contact you about sales, special offers and new features available on the Sites.

Inquiry information: We may collect your name and email address if you contact us to ask a question or request a live chat with us. This information may be used so that we can answer your question or contact you if we disconnect from our Live Chat.

Promotional information: We may collect your name, e-mail address and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you about promotional and special offers, sales and new features available on the sites. It will also be subject to the terms and conditions accompanying that promotion.

Survey information: we may collect your name, age, zip code, purchasing habits, e-mail address and/or postal address if you choose to participate in one of our online surveys. This information will be used to help us provide relevant information about our consumers.

Usage information: We may collect usage information passively, when you visit or interact with the sites. We refer to this as "passive" collection because you may not be aware that this information is being collected when you visit or interact with the Sites. This information may include the following: site visitors' IP address, IP address information, system media access control address, network configuration information, network device information, browser plug-in type and version, and operating system. In addition, like any online site or service, our mobile application automatically collects certain information such as your IP address, information about your device (for example, your mobile device's unique identifier, hardware model, operating system version, mobile network information) and the URL from which you access our application. You are not required to provide us with any personal information in connection with the general use of our mobile application, unless you are making a purchase through the application, in which case you must create an account.

Information from other websites, including mobile applications and social media platforms: If you use a social media platform or your mobile device (or any other communication method) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not connected to the application or sites. If you have any questions about your mobile device's security and privacy settings, please consult your mobile service provider or device manufacturer's instructions on how to adjust your settings. We do not control the data collection or privacy practices of the app stores from which you download our mobile app, or any third-party platform through which you access our sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any application, and review and use the controls and settings available on your device to reflect your preferences.

Information from other sources: We may also obtain, collect and aggregate information (including personal information) provided to us by our marketing service providers and other vendors. This information may include information about current subscribers or customers and is used for a number of purposes, including enabling us to send you the most relevant, timely and interesting offers and announcements, specifically tailored to you and your interests. Of course, you can update your information or change your preferences regarding the receipt of advertisements and other information from us at any time by accessing your account via the Sites. (For more information, see the section below entitled How to access, correct and update your personal information?


Information collected in-store: We may collect your name, e-mail address, postal address, zip code and preferences if you fill in a form in-store. This information will be used to offer you products that may be of interest to you and to provide you with the information you request.

Account information: We may collect your name, e-mail address, postal address, zip code, date of birth and gender if you create an account with us. This information will be used to help you track your orders, to keep you informed of special offers and site updates, and to facilitate checkout when shopping.

Marketing communications information: We may collect your name, e-mail address, postal address, gender and date of birth if you sign up to receive promotional e-mails from us. This information may be used to contact you about sales, special offers and new features available on the sites.

Information relating to inquiries: We may collect your name and email address if you contact us to ask a question or request a Live Chat with us. This information may be used so that we can answer your question or contact you if we disconnect from our Live Chat.
Promotional information: We may collect your name, e-mail address and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you about promotional and special offers, sales and new features available on the sites. It will also be subject to the terms and conditions accompanying that promotion.

Survey information: we may collect your name, age, zip code, purchasing habits, e-mail address and/or postal address if you choose to participate in one of our online surveys. This information will be used to help us provide relevant information about our consumers.

Usage information: We may collect usage information passively, when you visit or interact with the sites. We refer to this as "passive" collection because you may not be aware that this information is being collected when you visit or interact with the Sites. This information may include the following: site visitors' IP address, IP address information, system media access control address, network configuration information, network device information, browser plug-in type and version, and operating system. In addition, like any online site or service, our mobile application automatically collects certain information such as your IP address, information about your device (for example, your mobile device's unique identifier, hardware model, operating system version, mobile network information) and the URL from which you access our application. You are not required to provide us with any personal information in connection with the general use of our mobile application, unless you are making a purchase through the application, in which case you must create an account.

Information from other websites, including mobile applications and social media platforms: If you use a social media platform or your mobile device (or any other communication method) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not connected to the application or sites. If you have any questions about your mobile device's security and privacy settings, please consult your mobile service provider's or device manufacturer's instructions on how to adjust your settings. We do not control the data collection or privacy practices of the app stores from which you download our mobile app, or any third-party platforms through which you access our sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any application, and review and use the controls and settings available on your device to reflect your preferences.
Information from other sources: We may also obtain, collect and aggregate information (including personal information) provided to us by our marketing service providers and other vendors. This information may include information about current subscribers or customers and is used for a number of purposes, including enabling us to send you the most relevant, timely and interesting offers and announcements, specifically tailored to you and your interests. Of course, you can update your information or change your preferences regarding the receipt of advertisements and other information from us at any time by accessing your account via the Sites. (For more information, see the section below entitled How to access, correct and update your personal information?


2. COOKIES AND OTHER SESSION IDENTIFIERS

Like many sites, we and the third parties we authorize use a technology called "cookies". A cookie is a piece of information placed on your browser when you access the sites. In many cases, the information collected using cookies (and related technologies) is used in a non-identifiable way, without any reference to personal information. For example, we use the information we collect about site users to optimize our sites and understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with personal information. In such cases, this privacy policy governs how we use such information.

Cookies enable us to provide additional functionality to the sites and help us to analyze site usage more accurately. For example, the sites may install a cookie on your browser that enables the sites to remember you on your next visits. We use cookies to monitor and store information about your use of the sites. Cookies are also used to determine the identity of the website you visited immediately prior to visiting the sites; other than that, we do not track information about your use of other websites. Cookies also allow us to retain shopping cart selections when a user leaves the sites without checking out. Cookies are not used on the sites to store your account information, as this information is stored securely on a server. When you log on to the sites with your username and password, we assign you a secure session ID. The server then transmits your information to you via this secure session ID. Cookies can be either session cookies (i.e. they only last for the duration of a browsing session) or persistent cookies (i.e. they remain in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. Although harmless, they may contain demographic information and, depending on your browser, these cookies may not be deleted when you delete your cookies. Please consult your browser to find out where these types of cookies are stored and how they can be deleted.

Although we recommend that you leave cookies enabled as they allow you to take advantage of certain site features, you have the option of controlling the use and moderation of our cookies. However, if you choose not to allow the installation of cookies as described in this document, you may not be able to use or enjoy all the services and features of the sites. In particular, you can configure your browser settings (i) to receive notifications when you receive new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to the help section of your web browser for information on how to do this.


3. HOW WE USE THE INFORMATION WE COLLECT

We may use the information we collect as necessary to respond to your requests, including in the following ways:

Access and use: If you provide personal information in order to obtain access to or use of the Sites or any features thereof, we will use your personal information to provide you with access to or use of the Sites or features and to monitor your use of the Sites or specific features.

Internal Business Purposes: We may use your personal information for internal business purposes, including to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or deal with fraudulent activity, to manage your account and provide you with customer service and to generally manage the Sites and our business.

Marketing: We may use your personal information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you of offers, contests or surveys that may be of interest to you and to display content and advertisements on or off the Sites that may be of interest to you. If you wish to modify or update your personal information or change your subscription preferences, you may do so as described herein. We also use your personal information for other marketing purposes, such as administering our loyalty programs.


Specific Purpose: If you provide personal information for a specific purpose, we may use the personal information in connection with the purpose for which it was provided. For example, if you contact us by e-mail, we will use the personal information you provide to respond to your question or attempt to resolve your issue and we will respond to the e-mail address from which the contact originated.


Aggregate Information: In an ongoing effort to better understand and serve users of the Sites, we may (either directly or by working in conjunction with our marketing service providers) conduct research into the demographics, interests and behavior of our customers based on Personal Information and other information provided to or received by us. For example, we may combine information about site visitors to determine how best to target our marketing and product offerings to certain regions of the country. Such research may be compiled and analyzed on an aggregate basis and such aggregate information does not identify you personally and is not classified or treated as personal information for purposes of this Privacy Policy.




4. HOW WE SHARE YOUR INFORMATION


We may share the information described in Section 1 above with the following categories of third parties in the following circumstances:


Order Fulfillment and Fraud Protection: If you choose to make a purchase on the Sites, we may collect your credit card number, billing address and other information related to that purchase, and we may use such collected information in order to fulfill your purchase. We may also provide this information, or other personal information you have provided, to unaffiliated third parties if necessary to complete your purchase (for example, to process your credit card). In addition, we may share your personal information with fraud protection services to help us prevent fraud and protect our customers from credit card fraud.

Business transfers: as with any business, it is possible that as our business develops, we may sell, dispose of, purchase, transfer or otherwise acquire or dispose of certain business activities or assets. In the event of such or similar events, personal information may be one of the transferred assets. In the event that some or all of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to transfer your personal information collected via the Sites, and you acknowledge and agree that any successor or acquirer of us and/or our e-commerce service provider will continue to have the right to use your personal information and other information in accordance with the terms of this Privacy Policy.

Subsidiaries and Affiliates: We may also share your personal information with our subsidiaries and/or affiliates. Our subsidiaries and affiliates will be required to process and maintain any personal information in accordance with this Privacy Policy.

Agents, Consultants and Related Third Parties: As noted above with respect to our e-commerce service provider, we sometimes engage other companies to perform certain business functions on our behalf so that we can focus on our core business. These services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product personalization, order fulfillment and shipping, distribution of marketing and promotional materials, website evaluation, data analysis and, where applicable, data cleansing. As part of the services these partners provide to us, we may give them access to certain personal information. We use an audit process to evaluate our partners' data protection practices.

Third-party marketers, partners and other third parties: We may also share your personal information with other marketers, partners and other third parties whose products or services may be of interest to you. These marketers, partners and other third parties may use your personal information for their own purposes or disclose it to other third parties. If you prefer that we do not share your personal information with these types of parties, please email us at contact@kahesurf.com.

Legal requirements: We may disclose your personal information if required to do so by law (including, but not limited to, in response to a subpoena or request from law enforcement, a court or a government agency) or if we believe in good faith that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or those of other customers or users, (iii) to act under exigent circumstances to protect the personal safety of users of the Sites or the public, or (iv) to protect against potential legal liability or fraud, as determined by us in our sole discretion.

5. HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION
   
   
   You can access, correct and/or update certain personal information you have provided to us by clicking on "Account Update" in the "My Account" area of the Sites. California residents may also refer to the section entitled Your privacy rights in California.
   
   
   
   
   6. MEASURES TAKEN TO ENSURE THE SECURITY OF YOUR INFORMATION
   
   
   We take commercially reasonable steps to ensure the security and confidentiality of your personal information. We have implemented information security measures that contain administrative, technical and physical controls designed to reasonably protect your personal information. While we have taken and will continue to take significant steps to protect this information, no company, including ours, can completely eliminate all security risks associated with personal information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Any information you transmit to us is done so at your own risk. We recommend that you take additional measures to protect yourself, including installing anti-virus software, closing browsers after use, keeping your passwords confidential and ensuring that you regularly update your software and applications. If we become aware of a data security breach, we may attempt to notify you electronically so that you can take appropriate protective measures. By using the Sites or providing us with personal information, you agree that we may communicate with you electronically regarding security, privacy and administrative matters related to your use of the Sites. We may post a notice on the Sites in the event of a breach of security. We may also send you an e-mail to the e-mail address you have provided to us in such circumstances. Depending on where you live, you may be entitled to receive written notice of a breach of security or confidentiality. If you have reason to believe that the personal information we have collected or the security of our system has been breached, please notify us by sending an e-mail to contact@kahesurf.com.
   
   
   
   
   7. YOUR CHOICES AND INDIVIDUAL RIGHTS
   
   
   You have several choices regarding your personal information. We will respect the choices you make regarding your personal information. If you have created and maintained a user account on the Sites, you will be able to log in and update your account (including your contact information).

. You can also write to us at the address given in section 16 to update your contact details or change your subscription preferences. In addition, you may:

Limit the personal information you provide: You may use the Sites and limit the personal information you provide by disabling cookies or by not creating an account with us. If you choose to limit the personal information you provide and/or disable cookies, you may not be able to use certain features of the Sites. For example, to purchase goods and services on the sites, you must provide payment and shipping information.

Manage your subscription preferences: We may send your information by e-mail or text message. If you provide your cell phone number and request to receive information by text message, we may provide you with information in this way. In addition, we may send automated text messages (if you consent). When you consent to receive automated text messages from us, please note that your consent includes authorization to receive automated and/or prerecorded telemarketing text messages or non-automated messages from or on behalf of the Company and its affiliates at the telephone number you have provided. You also understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms, including message frequency, are provided upon registration for any automated message.

Opting out of marketing emails and texts: With respect to email marketing, you will have the opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails we send or that are sent on our behalf. Please note that, although we honor all subscription requests as quickly as possible, it may take up to ten (10) business days before they become effective. Please be aware that even if you decline to receive future promotional communications, if you use the e-commerce features of the Sites, you may receive certain transactional communications related to the purchase or shipment of purchased items. For example, if you order online, we will send you an e-mail confirming your order and we may contact you by telephone, e-mail or post if we have any questions about your order. In addition, an opt-out will not deprive you of any messages we are obliged to send under applicable legislation or regulations. You can ask us not to contact you by SMS at any time by replying to an SMS after it has been received. For automated messages, you will be able to unsubscribe by replying "STOP" to any message received. Please note that you hereby agree to receive a confirmation message in response to any unsubscribe request. We will process your unsubscribe request as soon as possible, but please be aware that, in certain circumstances, you may receive a few additional messages until the unsubscribe request is processed.

Social media and other public platforms: You can also manage the sharing of certain personal information with us when you connect to us through a social media platform or application, such as Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you can adjust your permissions and manage interactivity between us and your social media platform(s) or application(s). That said, we want you to know that when you post information on public forums, including publicly accessible social media platforms, that information is available to anyone who accesses the pages of those platforms. USE EXTREME CAUTION WHEN DISCLOSING INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF INFORMATION YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.


8. LINKS TO OR FROM ANOTHER WEB SITE

The Sites may contain links to other web sites not operated or controlled by us ("Third Party Sites"). The policies and procedures set forth in this document do not apply to Third Party Sites. We are not responsible for the privacy practices or the content of such Third Party Sites. We are not responsible for the actions of such third-party sites; instead, the owners and operators of all third-party sites are responsible for all personal information provided, collected, maintained, stored or otherwise disclosed on such sites, if any. Links on the sites do not imply that we endorse or have reviewed the third-party sites, including their privacy policies, if any. If you have any questions about how these third-party sites use your personal information, we strongly encourage you to contact these sites directly for information about their privacy policies and practices.

If you accessed the Sites through a link from some of our advertising or marketing partners, the Sites may include a frame from the relevant advertising or marketing partner. Nevertheless, the information you provide to us through these framed web pages is collected by us and our use of it is governed by this privacy policy.

9. HOW WE RESPOND TO "DO NOT TRACK" SIGNALS
   
   
   Please note that our sites do not support "Do Not Track" browser settings and do not currently participate in any "Do Not Track" framework that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information.
   
   
   
   
   10. INFORMATION COLLECTED FROM CHILDREN
   
   
   Protecting the privacy of children is extremely important to us. The Sites are intended for a general audience and are not intended for children under 13. We do not knowingly collect, nor do we intend to collect, personal information from anyone under the age of 13. If you are under 13, you should not provide us with any personal information. We encourage parents and legal guardians to monitor their children's use of the Internet and to help enforce our privacy policy by instructing their children never to provide any personal information through the Sites. If you have reason to believe that a child under the age of 13 has provided us with personal information, please contact us using the methods set out in section 16 and we will endeavour to remove such information from our databases.
   
   
   
   
   11. CHANGES TO THIS PRIVACY POLICY
   
   
   The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time, without notice. Where appropriate, we will also revise the "last updated" date at the top of this Privacy Policy. Please check this policy regularly, especially before you provide any personal information.
   
   
   If we make material changes to this Privacy Policy (at our discretion), we will post a notice on the Sites to inform users of the changes and give them an opportunity to take action regarding the changes before they are implemented. In some cases, we may also send an e-mail informing registered users of upcoming changes.

This Privacy Policy was last updated on the date indicated above. Your continued use of the Sites following the effective date of any changes or revisions to this Privacy Policy constitutes your acceptance of the terms of the revised Privacy Policy then in effect.


12. DISPUTES AND ARBITRATION AGREEMENT

Except where and to the extent prohibited by law, by using the Sites, you and the Company agree that in the event of any controversy, claim, action or dispute arising out of or relating to your use of the Sites, or the breach, application, interpretation or validity of this Privacy Policy or any part thereof ("Dispute"), both parties shall first attempt in good faith to resolve such Dispute by sending written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days to respond to or resolve the Dispute. The notice should be sent:

to the company, at the following address: Motion Concept Group, 10 avenue de la Forge, 33680 Lacanau, France

to you: at your last billing address or at the billing and/or shipping address we may have on file.

You and the Company agree that this dispute resolution procedure is a prerequisite that must be satisfied before initiating any dispute or filing any claim against the other party. IF A DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT TO ASK A JUDGE OR JURY TO RULE ON YOUR CLAIMS, AND THAT YOU CANNOT PROCEED WITH A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Other rights you and we would have in a court of law will not be available or will be more limited in arbitration, including discovery and appeal rights.

The arbitrator will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.


13. CHOICE OF LAW

This Privacy Policy has been developed and shall be construed in accordance with the laws of France, without giving effect to any principles of conflicts of law. The parties acknowledge that this Privacy Policy constitutes a transaction involving interstate commerce.

14. CONTACT US

If you have any questions, comments or concerns about our privacy policy or practices, please e-mail us at hello@kahe-nautic.com, or write to us at the following address:

Motion Concept Group
10 avenue de la Forge
33680 LACANAU
France