KITMAN MOTORS COMMERCIAL TERMS & CONDITIONS
KitMan Motors and its affiliates and related entities are collectively referred herein to as “KitMan Motors”, “we”, and “our”. By your use of this KitMan Motors website, you agree that the following KITMAN MOTORS COMMERCIAL TERMS & CONDITIONS and the following GENERAL TERMS & CONDITIONS form a legal and binding agreement between you and KitMan Motors, and that you will comply with all provisions hereof.
Shipping Terms: All product shipments are FOB our San Diego, CA facility. We are happy to assist in arranging shipping for your chassis kit. The customer is responsible for all crating, freight and shipping charges from San Diego, CA. Any and all shipping disputes are governed by applicable federal laws and the laws of the State of California, USA.
Payment: Kit orders are accepted with a 50% deposit. Final balance is due upon pick up or shipping from San Diego, CA. Wire transfer is the preferred payment method. Checks will require clearance of 10 business days for processing before shipping kit.
Refunds: KitMan Motors purchases are non-refundable. All deposits are non-refundable. If a buyer cannot complete the purchase, it is acknowledged and fully understood that when a deposit is made, invoice has been paid, that payment for a kit/roller non-refundable.
Damages: KitMan Motors takes all possible steps to ensure your parts arrive in good condition. Please inspect your order completely, while driver is present if possible and have him/her note any damages. If the damages are found after delivery, call the carrier (UPS, Federal Express, Post Office, Trucking Company, etc) immediately for an inspection. KitMan Motors is not responsible for freight damages. Report any/all damage incidents to shipping carrier.
Limitations of Warranty: KitMan Motors generally warrants its products to be free of defects due to workmanship or materials. KitMan Motors’ liability is limited to repair or replacement of our products, further limited by any warranties that may be offered by the manufacturer if the item is purchased from another company or KitMan Motors’ supplier. KITMAN MOTORS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE IN CONNECTION WITH THE SALE OF THIS PART(S) AND/OR SERVICE. Buyer agrees that building your own car and racing cars are dangerous endeavors, and the buyer agrees to expressly assume the risk of all personal, property, or economic injury resulting from the use of products purchased from or supplied by KitMan Motors.
Product and Service Disclaimer of Warranty: Except as may be specified in writing, KITMAN MOTORS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, ON THE PRODUCTS (PARTS, OR KITS) OFFERED FOR SALE. KITMAN MOTORS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Buyer accepts the products “As is”.
KitMan Motors does not make any warranty, expressed or implied, or other representation about the use of any of its products under specific applications. KitMan Motors products are expressly sold for custom car-building and are to be used in conventional passenger or other legal highway applications.
Purchaser expressly ASSUMES THE RISK TO THE GREATEST EXTENT ALLOWABLE BY APPLICABLE LAW of all personal, property and economic injury, damage, or loss, either direct or indirect, arising from the use, misuse, or failure to determine the appropriate use of any KitMan Motors product.
Pricing: Prices, descriptions and specifications are subject to change without notice. Please review your invoice for accuracy and final prices.
Copyright: The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of KitMan Motors. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with KitmMan Motors or purchasing KitMan Motors products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with KitMan Motors or to purchase KitMan Motors products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited, unless authorized by KitMan Motors. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks: All trademarks, service marks and trade names of KitMan Motors used in the site are trademarks or registered trademarks of KitMan Motors.
Limitation of Liability: KitMan Motors shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the products on this site or the performance of the products, even if KitMan Motors has been advised of the possibility of such damages.
General Terms & Conditions
Restrictions on Use
- Co-branding: You will not display KitMan Motors’ brand, trademarks, or logos on any website not affiliated with KitMan Motors or one of its various partners.
- Framing: You will not frame KitMan Motors’ website within any structure or navigation element of a website not affiliated with KitMan Motors or one of its partners.
- Hyperlinking: You will not provide a hyperlink to KitMan Motors’ website on an unaffiliated website unless you are allowed to do so by KitMan Motors at its own sole discretion.
You agree to cooperate with KitMan Motors and immediately cease any instances of branding, framing, or unauthorized hyperlinking upon request. You also agree to avoid acting in a manner that disables, overburdens, damages, or impairs the ability of others to use the KitMan Motors website. You may not access, or attempt to access, information or confidential materials which are not intentionally made available through the KitMan Motors website.
- Proprietary material or intellectual property belonging to KitMan Motors or a third-party.
- Materials describing or advocating for illegal activity or expressing the desire or intent to commit a crime.
- Vulgar, obscene, or pornographic material.
- Threats, abuse, libel, defamation, harassment, or threatening or offensive language.
- Materials that harm or exploit children and minors.
- Names, phone numbers, addresses, email addresses, or other personal details of any third-party
- Misleading or exploitative content, or any material that impersonates or misrepresents another entity or person.
- Material that is not properly attributed to the appropriate author or legal owner.
- Material consisting of personal or commercial solicitations, “spam,” chain letters, or any other mass messaging.
- Material that contains malware, viruses, or any other destructive mechanism that poses a risk to the website.
- Solicitations for political campaigns or a political candidate.
Third-party Links and Hyperlinks
KitMan Motors’ website may be hyperlinked by other website not owned or maintained by KitMan Motors or its affiliated parties. KitMan Motors does not sponsor traffic to its website from external sources, and these links are provided as a service to users of those respective sources. When you follow a link to a third-party website from KitMan Motors’ website and access external content, you agree to the respective third-party policies and terms of the website you visit. KitMan Motors is not responsible for the content of external third-party links, which you should access at your own risk and discretion. KitMan Motors does not guarantee the completeness, accuracy, or safety of third-party links. KitMan Motors provides hyperlinks as a convenience to customers and website users, and links to third-party website do not represent an endorsement of other organizations, their products, or their services by KitMan Motors.
KitMan Motors does not assume any responsibility for your use of the Internet or the downloading of potentially harmful files. You are responsible for protecting your computers and mobile devices from viruses, malware, worms, Trojan horses, and other security risks that may harm the integrity of your hard drive, files, or operating systems. You are responsible for protecting your data with personal anti-virus software, firewalls, and other sufficient programs, and recovering your lost data, in the event of a security breach or malfunction.
KITMAN MOTORS MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, WITH REGARD TO THE USE OF OUR WEBSITE AND OTHER DIGITAL PLATFORMS, OR ANY PRODUCTS OR SERVICES PURCHASED THEREON, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF KITMAN MOTORS’ WEBSITE IS AT YOUR OWN RISK, AND THE CONTENT CONTAINED ON OUR WEBSITE IS PRESENTED AS IS AND WITHOUT GUARANTEE AGAINST ERRORS, DEFECTS, OR SECURITY RISKS. WARRANTIES ON PRODUCTS MAY BE AVAILABLE FROM THE MANUFACTURER THEREOF. WE MAKE NO WARRANTY REGARDING, AND ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF, INTERNET SERVICE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY YOUR USE OF THE WEBSITE AND OTHER DIGITAL PLATFORMS.
You are responsible for the entire cost of servicing, repairing, or correcting any loss or damage resulting from the use of KitMan Motors’ website. Prices and availability of products sold on KitMan Motors’ website may change without notice. Kitman Motors does not assume responsibility for your use of the Content on its website and cannot be liable if your actions infringe on the rights and privacy of others. All of the information on KitMan Motors’ website applies only as of the posted date, and KitMan Motors has no obligation to update or remove such information upon request.
Limitation of Liability
KitMan Motors and the “Indemnified Parties” (defined below) will not be liable or responsible for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if KitMan Motors was advised of the possibility of such damages. At no point will the collective liability of KitMan Motors or any of the aforementioned parties (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to KitMan Motors for the applicable Content or service out of which liability arose. The limitation on liability set forth above may not apply in certain states. In these states, you may have additional remedies or damages available to you.
Choice of Law and Jurisdiction
Your password for KitMan Motors’ website is for your use only. You are responsible for keeping your password safe, secure, and updated regularly. KitMan Motors will not monitor or protect your password, and you may be required to change it if KitMan Motors suspects the security of its website has been compromised. You must use a password that KitMan Motors deems secure and change it periodically, or KitMan Motors reserves the right to terminate your account.
The use of tools or programs designed to compromise KitMan Motors’ website security (password breaking software, hacking tools, or unwanted probes) is strictly prohibited. By using KitMan Motors’ website, you agree to take the appropriate actions to maximize the security of your own account information, as well as cooperate with KitMan Motors employees and security staff if a breach of security is discovered. You are prohibited from compromising security, tampering with system resources, or willingly releasing account details to unauthorized parties. KitmKitManan Motors reserves the right to investigate any violation or breach of security by releasing personal details to system administrators or legal authorities in order to resolve security incidents.
Tracking Information Legal Restrictions
Termination or Restriction of Access
(a) Disputes and Claims. If any dispute or claim of any type arises between us with regard to your use of the Kitman Motors website or any products or services sold or distributed through the website, the dispute or claim will be resolved by binding arbitration, rather than through the courts. The exception to this requirement is described in subparagraph (e) below. In arbitration, there is no judge or jury. The arbitrator, however, can award damages just as a judge or jury can.
(b) Arbitration Procedures. Any arbitration proceeding will be administered by a neutral arbitrator who is a member of or affiliated with The American Arbitration Association (AAA), in accordance with its then current rules and procedures pertaining to consumer disputes. We will jointly select a single arbitrator, but if we cannot agree on the selection of an arbitrator, the AAA will designate the arbitrator for us. The arbitrator may conduct the arbitration by teleconference or videoconference. If the arbitrator deems it necessary to conduct the arbitration in person, the arbitration will be held at a location which is mutually agreeable to us. In the event we can’t agree on a location, the arbitrator shall choose a location, taking into account the cost and ability to travel of the parties.
(c) Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. We will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) No Class Actions. We agree that all disputes between us will be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
(e) Exceptions to Agreement to Arbitrate. Either you or we may assert claims, if they qualify, in small claims court in San Diego CA or in any United States county or parish where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration described above.
(f) YOU UNDERSTAND, BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS AS SET FORTH ABOVE, THAT YOU ARE WAIVING YOUR RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM THROUGH OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, INCLUDING COURT ACTIONS OR ADMINISTRATIVE PROCEEDINGS. YOU UNDERSTAND AND AGREE THAT YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY AND, PURSUANT TO SUBPARAGRAPH (d) ABOVE, YOUR RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS, ACTIONS, OR CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS OF ANY KIND.
(g) Governing Law. The Federal Arbitration Act and Applicable Federal Law will govern this agreement to arbitrate. Except for the provision relating to the waiver of class and representative actions, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the remainder of this agreement to arbitrate shall remain in effect. If any court finds the provision relating to the waiver of class and representative actions to be invalid or unenforceable, then the entirety of this Section regarding Disputes shall not apply.
At the time you place your order, our system may validate the credit card information you provided and verify that funds are available in your account. If the information you provided during the purchasing process fails to coincide with the information on file for the credit card you used, our security system may deny your order. If the information you provided is accurate, your credit card will be charged for the full amount of your order on the day that your order is shipped.
Shipping and Delivery
All delivery dates provided by KitMan Motors are based upon the package size and weight of the order and are estimates only. We cannot guarantee the speed or accuracy of delivery dates provided by any of its commonly used shipping partners. Also, we are not responsible for the security of deliveries that are missing or stolen from the delivery location. Deliveries become the sole responsibility of the customer once the order has left our San Diego, CA facility. We do not guarantee that your order will be replaced or refunded in the event of a lost or stolen package.
Where KitMan Motors Gets Personal Information
KitMan Motors may collect information from one or more of the following sources:
- Your electronic devices and technology
- Other third-party sources.
Information You Provide
We may collect information from you in the following ways:
- Payment information from credit, debit, as well as personal and business checks, such as your name, address, and bank account number, for processing payments
- Background information from an KitMan Motors account application
- Usernames, passwords, and contact information from KitMan Motors online accounts
- Quote requests
- Warranty purchases
- Product returns.
If you are a retail customer, we do not store your credit card number. We use this information only to process individual transactions. If you are a professional customer, we may store a token that allows us to process multiple transactions.
Personal and Business Checks
When you pay with a personal or business check at one of our retail locations, we will check your name, address, and other personally identifiable information, and then confirm that these details match your state-issued ID, such as a driver’s license or permit. Your driver’s license or permit number will be recorded on your personal and business check for verification and security purposes.
Commercial Credit Account Applications
When you fill out an application for a KitMan Motors Commercial Account, we will ask for some personally identifiable information in order to process your application. We may request your name, address, phone number, and the length of time you have lived at your current residence. We may also ask for your social security number for verification purposes, but disclosing this information is optional. If provided, your social security number will be secured in our electronic system. Your credit history may be validated using third-party software. A determination of credit may be made by our internal Credit Department once your application has been processed. We have no liability or responsibility for the security of information processed using third-party software.
Information Received Through Technology
You may also provide information to us through your electronic devices. Kitman Motors may use technology to provide online customer support and data to improve or customize your shopping experience. These technologies help us track and analyze shopping trends, administer, and update our website, and review user activity to improve our performance. This information helps us understand your needs and suggest products and services relevant to you.
Kitman Motors gathers certain online and device information automatically and stores it in log files. This information may include your IP address, browser type, Internet service provider, and operating system, as well as landing and exit pages, date and time stamps, and clickstream data.
Web beacons let us know if you visited a certain page on a website, opened a marketing email, or clicked on an advertisement. Tracking this information helps us understand which content is personally engaging and most relevant to you.
“Do Not Track” Feature
Some browsers have a “Do Not Track” feature that prevents your activities from being recorded. Kitman Motors’ website is not designed to respond to “Do Not Track” requests from browsers.
Information Received From Third-party Sources
We may receive information about you from third-party sources to help us correct or enhance our records and protect our business. We may inquire into your background if there is a potential financial risk for Kitman Motors. Any information we receive in this manner will be kept confidential and only used for the previously stated legitimate business purposes.
How KitMan Motors Uses Information
Your information helps us personalize products and services to meet your needs. We only use your personal information to support and further KitMan Motors’ business functions, such as filling your orders, preventing fraud, creating marketing efforts, and complying with legal requirements.
KitMan Motors uses information in the following ways:
- Fulfilling and communicating with you about your orders or requests
- Processing refunds, returns, and exchanges
- Registering and servicing accounts
- Improving your experience on our website
- Processing Account applications.
How KitMan Motors Shares Information
Kitman Motors will never sell, rent, trade, or collect payment for sharing your personal information with third parties. We primarily share your information with third parties to perform the following services on your behalf:
- Fulfilling your orders and mailing packages to your location
- Sending marketing communications and promotions relevant to you
- Conducting research and analysis to improve our services and products
- Performing background checks for Account applications
- Preventing fraud.
We will share your personal information if we are required to do so by law or judicial or administrative order. We may also share information with appropriate authorities if we deem it necessary to protect KitMan Motors employees, customers, stakeholders, and other related parties, or if we become aware of a violation of law.
Your California Privacy Information Request Rights
Your Privacy Preferences
You may at any time change request removal of your information from our digital properties (If we are unable to fulfill this request, we will notify you as soon as possible).
How KitMan Motors Keeps Your Personal Information Secure
We can help you keep your information safe on KitMan Motors’ website, but we cannot guarantee complete removal of your content and personal information from the Internet. We utilize security measures to prevent unauthorized access to your personal information. These measures may include security access controls, information security technologies and policies, and information disposal procedures. The following are examples of security measures we use to protect your personal information:
- Passwords to control access to your online account and help protect your information (Please keep all of your online passwords confidential)
- Encryption technology to help protect your payment information during transport across the Internet (Look for “https” or the image of a closed lock or solid key in the URL field of your browser window)
- Monitoring policies and security systems to prevent unauthorized access to locations where confidential information might be stored.
Unfortunately, even the best security measures cannot protect information from all unauthorized access. While we take the security of your personal information very seriously and have safeguards in place to protect it, KitMan Motors cannot be responsible for any damages you incur which are associated with sharing personally identifiable information with Kitman Motors.
Social Media Links and Widgets
KitMan Motors’ website may provide links and widgets to interact with Facebook, Twitter, and other social media sites. These features may collect your IP address or set cookies in your browser to allow certain features to function properly. They may also be hosted by a third-party or directly on our website. If you choose to post to social media or widgets through our website, your activities may be under the jurisdiction of the respective social media sites you use and subject to their respective privacy and security policies. KitMan Motors cannot guarantee the security of information shared through social media links and widgets. Please review the following paragraph for further information about the use of third-party links.
In addition to social media links and widgets, you may also find links to website of Kitman Motors’ partners, vendors, or advertisers. We do not endorse or have control over the security of third-party website. When you follow a link to a third-party website and access external content, you agree to the respective privacy and security policies of the website you visit. KitMan Motors cannot be responsible for the ways in which other companies handle personal information. We recommend you review the privacy policies of each website you visit and stay informed of how your personal information is treated and used online.
Protecting Children’s Privacy
KitMan Motors Privacy Notice for California Residents
This Privacy Notice for California Residents supplements the information contained in Kitman Motors’ general privacy notice found on our website under the link “Privacy” and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice. To the extent this Privacy Notice for California Residents may be interpreted to be inconsistent with KitMan Motors’ general privacy notice, this notice shall control for California Residents.
We do not knowingly collect information from minors. We do not sell your information.
Information We Collect
We may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information“). KitMan Motors may have collected the following categories of personal information from California consumers within the last twelve (12) months (although that does not mean we have collected this information from or about you):
|Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.|
|Protected classification characteristics under California or federal law.||Veteran or military status (only if military discount is sought by the consumer).|
|Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.|
|Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.|
|Geolocation data.||Physical location or movements.|
|Professional or employment-related information.||Current or past job history or performance evaluations.|
Personal information does not include:
- Publicly available information from government records.
- Deidentified (anonymized) or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Kitman Motors obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Website.
Purposes for Collection of Categories of Information
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment, facilitate delivery and for purposes of any product warranty. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your motor vehicle(s) or interests, including targeted offers and ads through our Website, and via email (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, customer experience, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
Use of Personal Information
We do not allow any third-party to use your information for any purpose other than supporting or enhancing our customer relationship with you.
KitMan Motors will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
KitMan Motors may disclose your personal information to a third-party for a business purpose to help us better support our customer relationship with you. We share your personal information with the following categories of third parties:
- Service providers that help us enhance your customer experience and our relationship with you.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, KitMan Motors has disclosed the following categories of personal information for a business purpose:
- Selected personal (military status related to offered service member discounts);
- Commercial information;
- Internet or similar network activity; and
- Geolocation data.
We may disclose your personal information for a business purpose to the following categories of third parties:
- Service providers that help us enhance your customer experience or our relationship with you.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Kitman Motors disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you, if any.
- The categories of sources for the personal information we collected about you, if any.
- Our business or commercial purpose for collecting or selling that personal information, if any.
- The categories of third parties with whom we share that personal information, if any.
- The specific pieces of personal information we collected about you (also called a data portability request), if any.
Deletion Request Rights
You have the right to request that Kitman Motors delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information, if any, from our records, unless an exception
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech or ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 1-858663-3718
- Visiting www.kitmanmotors.com
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot substantively respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
You may designate an authorized agent to submit a request to know or a request to delete if:
- You provide the authorized agent written permission to do so; and
- Verify your identity directly with us
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing (including electronic e-mail notification).
We will deliver our written response electronically unless you direct us to deliver by mail.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us at: xxx, San Diego, CA xxxxx.
Changes to Our Privacy Notice
KitMan Motors reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our systems including our Website following the posting of changes constitutes your acceptance of such changes.
California Transparency in Supply Chains Act of 2010
California’s Transparency in Supply Chains Act of 2010 requires retailers and manufacturers doing business in California to disclose efforts taken to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale, giving consumers additional criteria to make buying decisions.
KitMan Motors considers its reputation for integrity and fairness to be one of its most valuable assets. Kitman Motors seeks to outperform its competition fairly and honestly and never through unethical or illegal business practices. KitMan Motors expects its team members and supply chain vendors to comply in all respects with applicable laws and regulations in each governing jurisdiction that it does business. Supply chain vendors execute Master Supplier Agreements (“Agreements”) with KitMan Motors in which they take the following actions:
- Warrant KitMan Motors’ products do not violate any laws, ordinances, statutes, rules, or regulations, which include compliance with laws respecting the eradication of slavery and human trafficking
- Acknowledge that slavery and human trafficking is not involved in the manufacture or sale of KitMan Motors’ products
- Acknowledge that KitMan Motors supports the eradication of slavery and human trafficking from supply chains and seeks to partner with supplier partners who share the same policies and practices
- Conduct an annual or semi-annual audit on KitMan Motors’ products in order to regularly confirm that slavery and human trafficking does not play a part in the manufacture or sale of these products
These Agreements create an affirmative obligation on the part of KitMan Motors’ supply chain vendors to promptly provide notice of violation of any such laws, ordinances, statutes, rules, or regulations. The Agreements also require KitMan Motors’ supply chain vendors to be accountable for any violations of law by providing the company indemnification for violations relating to its products. Agreements and certifications are updated on a periodic basis.
KitMan Motors does not utilize a third-party for verification or unannounced audits at this time but reserves the right to do so in the future.
If you have any questions or comments about this notice, the ways in which KitMan Motors collects and uses your information described below and in the KitMan Motors Privacy Notice for California Residents, your choices, and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Attn: Customer Service
P.O. Box 180928
Coronado, CA 92178 USA
P.O. Box 180928
Coronado, CA 92178 USA