privacy policy
1. Introduction
At KofiCooks LLC, d/b/a Kofi Cooks ("us", "we", "our" or the "Company") we value your privacy and the importance of safeguarding your data. This Privacy Policy (the "Policy") describes our privacy practices for the activities set out below. As per your rights, we inform you how we collect, store, access, and otherwise process information relating to individuals. In this Policy, personal data ("Personal Data") refers to any information that on its own, or in combination with other available information, can identify an individual.
We are committed to protecting your privacy in accordance with the highest level of privacy regulation. As such, we follow the obligations under the below regulations:
- Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and the applicable provincial legislations
- Quebec Law 25
- the EU's General Data Protection Regulation (GDPR)
- Brazil's Data Protection Legislation (LGPD)
- California's Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) and California Online Privacy Protection Act (CalOPPA)
- Colorado Privacy Act (CPA)
- Utah Consumer Privacy Act (UCPA)
- Connecticut Data Privacy Act (CTDPA)
- Virginia Consumer Data Protection Act (VCDPA)
- Texas Data Privacy and Security Act (TDPSA)
- Oregon Consumer Privacy Act (OCPA)
- Montana Consumer Data Privacy Act
- Delaware Personal Data Privacy Act
- Nebraska Data Privacy Law
- New Hampshire Data Privacy Act
- New Jersey Data Privacy Act
- Minnesota Consumer Data Privacy Act
- Maryland Online Consumer Protection Act
- Kentucky Consumer Data Protection Act (KCDPA)
- Tennessee Information Protection Act (TIPA)
- The Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA)
- Indiana Consumer Data Protection Act (INCDPA)
- Iowa Consumer Data Protection Act (ICDPA)
- South Africa's Protection of Personal Information Act (POPIA)
- Switzerland's Federal Act on Data Protection (FADP)
- Saudi Arabia's Personal Data Protection Law (PDPL)
Scope
This policy applies to the KofiCooks LLC websites, domains, applications, services, and products.
This Policy does not apply to third-party applications, websites, products, services or platforms that may be accessed through (non-KofiCooks LLC) links that we may provide to you. These sites are owned and operated independently from us, and they have their own separate privacy and data collection practices. Any Personal Data that you provide to these websites will be governed by the third-party's own privacy policy. We cannot accept liability for the actions or policies of these independent sites, and we are not responsible for the content or privacy practices of such sites.
Processing Activities
This Policy applies when you interact with us by doing any of the following:
- Make use of our application and services as an authorized user
- Visit any of our websites that link to this Privacy Statement
2. Personal Data We Collect
What Personal Data We Collect
When you make a purchase, or attempt to make a purchase, or use our products and/or features, we collect the following types of Personal Data:
- Account Information such as your name, email address, and password
- Payment Information such as your billing address, phone number, credit card, debit card or other payment method
How We Collect Your Personal Data
We collect Personal Data from the following sources:
From You. You may give us your Account Information, Payment Information, Purchase Information, Content, or Feedback by filling in forms, using our products or services, entering information online or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide, for example, when you:
- Create an account or purchase products on our website;
- Use our products or services;
- Express interest in our products or services;
- Subscribe to our newsletter;
- Contact us with an inquiry or to report a problem (by phone, email, social media, or messaging service);
Automated technologies or interactions: As you interact with our website, we may automatically collect Device Data about your equipment, Usage Data about your browsing actions and patterns, and Contact Data where tasks carried out via our website remain uncompleted, such as incomplete orders or abandoned baskets. We collect this data by using cookies, server logs and other similar technologies. Please see our Cookie section (below) for further details.
Third parties: We may receive Personal Data about you from various third parties, including Device and Usage Data from analytics and advertising providers, and Account Information and Payment Data from providers of technical, payment and delivery services.
If you provide us, or our service providers, with any Personal Data relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Policy.
Device and Usage Data
When you visit a KofiCooks LLC website, we automatically collect and store information about your visit using browser cookies (files which are sent by us to your computer), or similar technology. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help Feature on most browsers will provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service.
Purpose and Legal Basis for the Processing of Personal Data
We collect and use your Personal Data with your consent to provide, maintain, and develop our products and services and understand how to improve them.
Where we process your Personal Data to provide a product or service, we do so because it is necessary to perform contractual obligations. All of the above processing is necessary in our legitimate interests to provide products and services and to maintain our relationship with you and to protect our business for example against fraud. Consent will be required to initiate services with you. New consent will be required if any changes are made to the type of data collected. Within our contract, if you fail to provide consent, some services may not be available to you.
International Data Transfer and Storage
Where possible, we store and process data on servers within the general geographical region where you reside (note: this may not be within the country in which you reside). Your Personal Data may also be transferred to, and maintained on, servers residing outside of your state, province, country or other governmental jurisdiction where the data laws may differ from those in your jurisdiction. We will take appropriate steps to ensure that your Personal Data is treated securely and in accordance with this Policy as well as applicable data protection law. More information about these clauses can be found here: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32021D0914
Sharing and Disclosure
We will share your Personal Data with third parties only in the ways set out in this Policy or set out at the point when the Personal Data is collected.
Legal Requirement
We may use or disclose your Personal Data in order to comply with a legal obligation, in connection with a request from a public or government authority, or in connection with court or tribunal proceedings, to prevent loss of life or injury, or to protect our rights or property. Where possible and practical to do so, we will tell you in advance of such disclosure.
Service Providers and Other Third Parties
We use the following third-party service providers to operate our websites and deliver our products and services. Each may process Personal Data on our behalf in the role described:
- Stripe — payment processing and subscription billing (payment details are collected and processed by Stripe; we do not store your full card details)
- Supabase — account authentication and database services
- Amazon Web Services (S3) — secure file storage and delivery of purchased and licensed content
- Vercel — website hosting
- Resend — transactional email delivery (order confirmations, account emails)
- Meta Platforms — advertising measurement and conversion tracking
- Google — advertising measurement and conversion tracking
- Sentry — error monitoring and application diagnostics
- Enzuzo — consent management and privacy request handling
We require any third party who is contracted to process your Personal Data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law. For further information on the recipients of your Personal Data, please contact us by using the information in the "Contact Us" section below.
3. Cookies
What are Cookies?
A cookie is a small file with information that your browser stores on your device. Information in this file is typically shared with the owner of the site in addition to potential partners and third parties to that business. The collection of this information may be used in the function of the site and/or to improve your experience.
How We Use Cookies
We use cookies and similar technologies in the following categories:
- Functional — required for core site features such as authentication, your cart, and secure checkout. These are necessary for the site to work and cannot be disabled.
- Preferences — remember your settings and choices between visits.
- Analytics — help us understand how visitors use the site so we can improve it.
- Marketing — used by our advertising partners (including Meta and Google) to measure the effectiveness of our advertising and to show you relevant ads.
When you first visit our website, a consent banner allows you to accept or decline each category (other than strictly necessary functional cookies). You can change your choices at any time via the cookie preferences option on our website. Where required by law, analytics and marketing cookies are set only after you have given consent.
4. Retention & Deletion
We will only retain your Personal Data for as long as necessary for the purpose for which that data was collected and to the extent required by applicable law. When we no longer need Personal Data, we will remove it from our systems and/or take steps to anonymize it.
5. Merger or Acquisition
If we are involved in a merger, acquisition or asset sale, your personal information may be transferred. We will provide notice before your personal information is transferred and becomes subject to a different Privacy Policy. Under certain circumstances, we may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
6. How We Keep Your Data Safe
We have appropriate organizational safeguards and security measures in place to protect your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.
The communication between your browser and our website uses a secure encrypted connection wherever your Personal Data is involved.
We require any third party who is contracted to process your Personal Data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law.
In the unfortunate event of a Personal Data breach, we will notify you and any applicable regulator when we are legally required to do so.
7. Children's Privacy
We do not knowingly collect Personal Data from children under the age of 16 years.
8. Your Rights for Your Personal Data
Depending on your geographical location and citizenship, your rights are subject to local data privacy regulations. These rights may include:
- Right to Access (PIPEDA, GDPR Article 15, CCPA/CPRA, CPA, VCDPA, CTDPA, UCPA, LGPD, POPIA) — You have the right to learn whether we are processing your Personal Data and to request a copy of the Personal Data we are processing about you.
- Right to Rectification (PIPEDA, GDPR Article 16, CPRA, CPA, VCDPA, CTDPA, LGPD, POPIA) — You have the right to have incomplete or inaccurate Personal Data that we process about you rectified.
- Right to be Forgotten (right to erasure) (GDPR Article 17, CCPA/CPRA, CPA, VCDPA, CTDPA, UCPA, LGPD, POPIA) — You have the right to request that we delete Personal Data that we process about you, unless we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
- Right to Restriction of Processing (GDPR Article 18, LGPD) — You have the right to restrict our processing of your Personal Data under certain circumstances. In this case, we will not process your Data for any purpose other than storing it.
- Right to Portability (PIPEDA, GDPR Article 20, LGPD) — You have the right to obtain Personal Data we hold about you, in a structured, electronic format, and to transmit such Personal Data to another data controller.
- Right to Opt Out (CPRA, CPA, VCDPA, CTDPA, UCPA) — You have the right to opt out of the processing of your Personal Data for purposes of: (1) targeted advertising; (2) the sale of Personal Data; and/or (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Under CPRA, you have the right to opt out of the sharing of your Personal Data to third parties.
- Right to Objection (GDPR Article 21, LGPD, POPIA) — Where the legal justification for our processing of your Personal Data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation.
- Nondiscrimination and nonretaliation (CCPA/CPRA, CPA, VCDPA, CTDPA, UCPA) — You have the right not to be denied service or have an altered experience for exercising your rights.
- File an Appeal (CPA, VCDPA, CTDPA) — You have the right to file an appeal based on our response to you exercising any of these rights. If you are based in Colorado, Virginia, or Connecticut, you may file a complaint with your state attorney general.
- File a Complaint (GDPR Article 77, LGPD, POPIA) — You have the right to bring a claim before your competent data protection authority. If you are based in the EEA, please visit https://edpb.europa.eu/about-edpb/about-edpb/members_en for a list of local data protection authorities.
Withdrawing Consent
If you have consented to our processing of your Personal Data, you have the right to withdraw your consent at any time, free of charge, such as where you wish to opt out from marketing messages that you receive from us. If you wish to withdraw your consent, please contact us using the information found at the bottom of this page.
How to Exercise Your Rights
You can make a request to exercise any of these rights in relation to your Personal Data by contacting us using the details below. For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information.
9. Changes
We may modify this Policy at any time. If we make changes to this Policy then we will post an updated version of this Policy at this website. When using our services, you will be asked to review and accept our Privacy Policy. In this manner, we may record your acceptance and notify you of any future changes to this Policy.
10. Contact Us
To request a copy of your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, please email info@koficooks.com.
Write to us at:
Data Privacy Officer of KofiCooks LLC
175 Southwest 7th Street, Miami, Florida, 33131