Section 1. PRIVACY POLICY

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal information about you. When we do so we are subject to various laws in the United States and the General Data Protection Regulation which applies across the European Union (including in the United Kingdom), and we are responsible as “controller” of that personal information for the purposes of those laws if and when they apply.

1. Key Terms. It would be helpful to start by explaining some key terms used in this policy:

We, us, our: Kinetic Brands LLC and its affiliates

Personal information: Any information relating to an identified or identifiable individual

2. Personal Information We Collect About You. We may collect and use the following personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Categories of Personal Information & Specific Types of Personal Information Collected

Category: Identifiers (e.g., 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)

Type: Name, postal address, IP address, email address, account name. 

Category: Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Type: Name, address, telephone number, credit card number, debit card number, other financial information. 

Category: Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)

Type: Records of products purchased. 

Category: Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)

Type: We use cookies to collect certain information about your searching, browsing and purchase activities to recommend additional products based on your prior activity. 

Category: Geolocation data

Type: IP address, location of access and purchase. 

Category: Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Type: We use cookies to collect certain information about your searching, browsing and purchase activities to recommend additional products based on your prior activity.

This personal information is required to provide products to you. If you do not provide the personal information we ask for, it may delay or prevent us from providing products to you.

3. How Your Personal Information is Collected. We collect most of this personal information directly from you – by phone, text, email or via our website. However, we may also collect information:

From publicly accessible sources (e.g., property records);Directly from a third party (e.g., sanctions screening providers, credit reporting agencies, or customer due diligence providers);From a third party with your consent (e.g., your bank or credit card company);From cookies on our website; andVia our IT systems, including automated monitoring of our websites and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems.

4. How and Why We Use Your Personal Information. Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.,:
To comply with our legal and regulatory obligations;For the performance of our contract with you or to take steps at your request before entering into a contract;For our legitimate interests or those of a third party; orWhere you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal information for and our reasons for doing so:

What we use your personal information for & Our reasons

Use: To provide products to you

Reason: For the performance of our contract with you or to take steps at your request before entering into a contract

Use: To prevent and detect fraud against you or Crete LLC

Reason: For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you

Use: Conducting checks to identify our customers and verify their identity; Screening for financial and other sanctions or embargoes; or other processing necessary to comply with professional, legal and regulatory obligations that apply to our business

Reason: To comply with our legal and regulatory obligations

Use: Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

Reason: To comply with our legal and regulatory obligations

Use: Ensuring business policies are adhered to, e.g. policies covering security and internet use

Reason: For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you

Use: Operational reasons, such as improving efficiency, training and quality control

Reason: For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best products for you at the best price

Use: Ensuring the confidentiality of commercially sensitive information

Reason: For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information or to comply with our legal and regulatory obligations

Use: Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures

Reason: For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price

Use: Preventing unauthorized access and modifications to systems

Reason: For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you or to comply with our legal and regulatory obligations

Use: Updating and enhancing customer records

Reason: For the performance of our contract with you or to take steps at your request before entering into a contract; to comply with our legal and regulatory obligations; or for our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products

Use: Statutory returns

Reason: To comply with our legal and regulatory obligations

Use: Ensuring safe working practices, staff administration and assessments

Reason: To comply with our legal and regulatory obligations; for our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

Use: Marketing our products to:

- existing and former customers;

- third parties who have previously expressed an interest in our products;

- third parties with whom we have had no previous dealings.

Reason: For our legitimate interests or those of a third party, i.e. to promote our business to existing, prospective and former customers

Use: External audits and quality checks, e.g. licensure verification and related audits

Reason: For our legitimate interests or a those of a third party, i.e. to maintain licensure so we can demonstrate we operate at the highest standards; To comply with our legal and regulatory obligations

5. Promotional Communications. We may use your personal information to send you updates (by email, text message, telephone or mail) about our products, including exclusive offers, promotions or new products.

We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell it to other organizations for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

Contacting us at support@mooncat.com;Using the “unsubscribe” link in emails or “STOP” number in texts; orupdating your marketing preferences on our site at https://www.mooncat.com.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products in the future, or if there are changes in the law, regulation, or the structure of our business.

6. Who We Share Your Personal Information With. We routinely share personal information with:
Our affiliates, including companies within the Kinetic Brands LLC group of brands and companies;Service providers we use to help deliver our products to you, such as payment service providers, warehouses and delivery companies;Other third parties we use to help us run our business, such as marketing agencies or website hosts;Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;Our insurers and brokers; and Our banks. 

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

7. Personal Information We Disclosed for a Business Purpose. In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Identifiers (e.g., 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);

Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;

Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);

Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement);

Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

8. Where Your Personal Information is Held. Information may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA”.

9. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products to you. Thereafter, we will keep your personal information for as long as is necessary:

To respond to any questions, complaints or claims made by you or on your behalf;To show that we treated you fairly; orTo keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.

10. Transferring Your Personal Information Out of the EEA. To deliver services to you, it is often necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:

- With our offices outside the EEA;

- With your and our service providers located outside the EEA;

- If you are based outside the EEA; or

- Where there is an international dimension to the products we are providing to you.

The following countries to which we may transfer personal information have been assessed by the European Commission as providing an adequate level of protection for personal information: Canada.

Non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure.

11. Your Rights Under the GDPR.

Right to Access: The right to be provided with a copy of your personal information (the right of access)

Right to Rectification: The right to require us to correct any mistakes in your personal information

Right to be Forgotten: The right to require us to delete your personal information—in certain situations

Right to Restriction of Processing: The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data

Right to Data Portability: The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

Right to Object: The right to object:

- at any time to your personal information being processed for direct marketing (including profiling);

- in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.

Right Not to be Subject to Automated Individual Decision-Making: The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individual rights under the General Data Protection Regulation.

12. Your Rights Under the CCPA. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

Disclosure of Personal Information We Collect About You

You have the right to know:

- The categories of personal information we have collected about you;

- The categories of sources from which the personal information is collected;

- Our business or commercial purpose for collecting or selling personal information;

- The categories of third parties with whom we share personal information, if any; and

- The specific pieces of personal information we have collected about you.

Please note that we are not required to:

- Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;

- Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or

- Provide the personal information to you more than twice in a 12-month period.

Personal Information Sold or Used for a Business Purpose

In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and

The categories of personal information that we disclosed about you for a business purpose.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

- Delete your personal information from our records; and

- Direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to:

- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

- Debug to identify and repair errors that impair existing intended functionality;

- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

- Comply with the California Electronic Communications Privacy Act;

- 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

- Comply with an existing legal obligation; or

- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Protection Against Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

Deny goods or services to you;

Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

Provide a different level or quality of goods or services to you; or

Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods to you, if that difference is reasonably related to the value provided to our business by your personal information.

13. Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

14. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please email us at support@mooncat.com.

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact directly by email, you will need to provide us with:

- Enough information to identify you (e.g., your full name, address and customer or matter reference number);

- Proof of your identity and address (e.g., a copy of your driver’s license or passport and a recent utility or credit card bill); and

- A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

15. How to File a GDPR Complaint. We hope that we can resolve any query or concern you raise about our use of your information. The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

16. Changes to This Privacy Notice. This privacy notice was published on 10/29/2021 and last updated on 10/29/2021. We may change this privacy notice from time to time–when we do, we will inform you via our website or other means of contact such as email.

17. How to Contact Us. Please contact us by mail, email or telephone if you have any questions about this privacy policy or the information we hold about you. Our contact details are shown below:

90 Dayton Ave, Building 18 Suite 1-0, Passaic, NJ 07055

support@mooncat.com

18. Do You Need Extra Help? If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

Section 2. TERMS AND CONDITIONS OF USE

By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Term and Conditions of Use Agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of www.mooncat.com (the "Site") and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Kinetic Brands LLC upon publication of the modified Agreement via the Site. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at mooncat.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at mooncat.com/terms, which is incorporated by reference into these Terms and Conditions of Use.

3. Ownership. All content included on this site is and shall continue to be the property of Kinetic Brands LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Any content contributed to the Site by you (e.g. in connection with a contest, solicitation or social media activity) shall belong to Kinetic Brands LLC. If such a transfer of ownership is not possible, Kinetic Brands LLC shall automatically receive an irrevocable, perpetual, royalty-free license to use such content on the Site and related marketing materials. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.

5. Trademarks. mooncat™, and any other word or design marks are either trademarks or registered trademarks of Kinetic Brands LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.

6. Site Use. Kinetic Brands LLC grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of the Site is at the discretion of Kinetic Brands LLC and Kinetic Brands LLC may terminate your use of this website at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold Kinetic Brands LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. KINETIC BRANDS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL KINETIC BRANDS LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. Kinetic Brands LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

- A description of the copyrighted work that you claim has been infringed;

- A description of where the material that you claim is infringing is located on the Site;

- Your address, telephone number, and e-mail address;

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

- A statement by you, made under penalty of perjury, 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.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is our legal team, who can be reached as follows:

By Mail: 90 Dayton Ave, Building 18 Suite 1-0, Passaic, NJ 07055

By E-mail: legal@mooncat.com

13. Applicable Law. You agree that the laws of the state of Delaware, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Kinetic Brands LLC or its affiliates.

14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. Waiver. The failure of Kinetic Brands LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Kinetic Brands LLC must be in writing and signed by an authorized representative of Kinetic Brands LLC.

16. Termination. Kinetic Brands LLC may terminate this Agreement at any time, with or without notice, for any reason.

17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

18. Entire Agreement. This Agreement constitutes the entire agreement between you and Kinetic Brands LLC and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Kinetic Brands LLC with respect to this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. Kinetic Brands LLC may revise these Terms and Conditions of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms and Conditions of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms and Conditions of Use signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions of Use.

19. Contact Information.

Kinetic Brands LLC

90 Dayton Ave, Building 18, Suite 1-0, Passaic, NJ 07055

support@mooncat.com