We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. Our Site provides a fun way for adults to get the general public's opinion of their powerkick, and the opportunity to view and rate how others powerkick and purchase merchandise (our Site and such services, collectively, our "Service"). As part of the normal operation of our Service we, therefore, collect and, in some cases, may disclose information about you. Accordingly, by submitting your photograph and/or any personal information, you thereby waive any privacy expectations you have with respect to our use of your likeness or personal information provided to us in connection with the Service and the Site. If you do not wish to have your picture or information about yourself that you provided viewed by or disclosed to other users, do not use our Service.
Children are not eligible to use our Service. We ask that minors (under the age of 18) not submit any personal information to us. We do not knowingly collect any personal information from persons under the age of 18.
Information We Collect
Our primary goal in collecting personal information is to provide you with a smooth, efficient and customized experience. This allows us to provide services and features and to customize our Service to make your experience better.
We collect two types of information: personally identifiable information ("PII") and non-personally identifiable information ("Non-PII"), which is also referred to as aggregate and anonymous data. We collect this information in a variety of ways through the features provided on our Sites, such as registration, when you communicate or otherwise interact with us, contests or promotions, or when you purchase a product or service through our Site. Providing us with PII is your choice, and you can always choose not to provide certain information, but then you may not be able to take advantage of some of the Site's features.
(a) Personally Identifiable Information
PII is data used to identify, contact or locate a person, including name, address, date of birth or email address.
(b) Non-Personally Identifiable Information
Non-PII is information that is anonymous or not linked to a particular person such as your Internet Protocol ("IP") address.
(c) User Profiles
You agree that we may feature your public profile information, in, among other places, editorials and newsletters that we may periodically send out to our users. Your profile is available for view on our Site, by both registered users and anonymous visitors who view our Site. Users' profiles include a short description of yourself and your powerkick photos. Your viewable profile does not include any identifying information about you, except the photo(s) you choose to submit and the username you chose upon registering.
We use data collection and persistence devices such as "cookies" on certain pages of our Site for practical purposes. "Cookies" are small files placed in memory and/or disk on your computer that assist us in providing customized services and better functionality as you move from page to page within our Site. Cookies make the personalization of your Internet experiences possible. For example, without the use of cookie files, it would be virtually impossible for us to remember your username and password as you click from page to page and you would need to log-in over and over again as you interact with pages of the Site that need to know who you are or what actions you have taken in previous pages of a session. We also offer certain features that are only available through the use of a "cookie." You are always free to decline our cookies if your browser permits; however, many aspects of our Service may not work properly without them.
(e) Web Beacons and Web Bugs
Generally, a Web beacon consists of a small string of software code that represents a graphic image request on a Web page in an email message. There may or may not be a visible graphic image associated with the Web beacon and often the image is designed to blend into the background of a Web page or email. Web beacons can be used for many purposes - including site traffic reporting, unique visitor counts, advertising auditing and reporting, and personalization. The Web beacons on our Site collect only Non-PII or anonymous data. We may use Web beacons to do the following: count users who have visited specific pages or access certain cookies; monitor traffic and conversion patterns through our various product and other offerings on our Site; personalize your experience when you visit our Site, including the advertising content you see; and determine whether or not messages were opened, links were clicked or notifications/offers were acted upon.
(f) Information Purposes
(a) Providing our products and services to users, including the display of customized content and advertising;
(b) Auditing, research and analysis in order to maintain, protect and improve our services;
(c) Ensuring the technical functioning of our network; and
(d) Developing new services.
Information You Provide About Yourself While Using our Service
Our Use of Your Information
You agree that we may use PII to improve our marketing and promotional efforts, to analyze Site usage, improve our content and product offerings, and customize our Site's content, layout, and services. These uses improve our Site and may better tailor it to meet your needs.
You agree that we may use your information to contact you and to deliver information to you regarding your account, administrative notices, newsletters and/or alerts for which you have opted-in and may cancel at any time, product offerings, targeted advertising on behalf of us and third-parties and communications relevant to your use of the Site. You agree to receive commercial e-mail messages from us, and acknowledge and agree that your e-mail addresses and other personal information may be used by us for the purpose of initiating commercial e-mail messages. We collect all email addresses that you provide to us, and communicate with you via email in accordance with your preferences. We do not share your email address with any other users of our Site. While we may maintain a copy of your email address if you send us an unsolicited email inquiry, we will not alter the email notifications that you have selected.
In addition, as a subscriber to the Site and/or in agreeing to receive email marketing from us, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule, 16 CFR Â§310 et seq. (the "Rule"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Rule.
Our Disclosure of Your Information
The following describes some of the ways that your PII may be used or disclosed.
Under some circumstances we may require certain additional information, including but not limited to your credit card billing information. We use this financial information, including your name, address, and other information to bill you for products. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Site, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support your transaction or activity. By purchasing, or registering for, or making reservations for products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Any of these various third parties may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all information submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us.
We may disclose PII information to advertisers and other third parties for marketing and promotional purposes. You agree that we may transfer personally identifiable information about you to third party marketing partners who may then contact you based on that information. We do not disclose your credit card number or bank account number to marketing advertisers. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Site, such action shall constitute an inquiry and/or application with the respective third-party advertiser for purposes of the Rule and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the Rule.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness and to better manage the advertising on our Site. For example, the companies typically gather data about consumers who view their ads. That data is anonymous - linked only to a numbered cookie on a user's computer. Networks collect and analyze this data to make a variety of inferences about each consumer's interests and preferences. The result is a profile that attempts to predict the individual consumer's tastes, needs, and purchasing habits. That profile enables the advertising companies' computers to make split-second decisions about how to deliver ads directly targeted to the consumer's specific interests. This is called online preference marketing.
Some advertisers also track and analyze anonymous usage and browsing patterns of the visitors to our Site. All data collected by these third parties on behalf of our Site is owned and used by us, but is licensed to the third party for the purposes of creating behavioral information segments. We use this information to help provide our advertisers with more targeted advertising opportunities, which means that users see advertising that is most likely to interest them and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads. In addition, the third parties can sell the behavioral information segments to other third parties for use in ads on other web sites.
Other Corporate Entities
We may share all of our information with other affiliated companies (each an "Affiliate") that are committed to serving your online needs and related services, throughout the world. Our Affiliates maintain and follow their own privacy policies which govern the use of PII. It is possible that we or one or more of our Affiliates, or any combination of such, could merge with or be acquired by another business entity. In connection with the due diligence review involving such a potential transaction, we may share some or all of your PII with potential acquirers, merger partners or investors, and their agents (including professionals). We would require that these third parties sign non-disclosure agreements and would endeavor to disclose as little PII as possible. If we are sold to or merge with another company or declare bankruptcy, some or all of the information collected from you, including PII, may be transferred to a third party as a result of the transfer of assets.
Accessing, Reviewing and Changing Your Profile
Following registration, you can review and update the information you submitted during registration by logging-in and going to the User Menu and "Your Details" section of your profile (this section is clearly labeled in the left-hand navigation bar that is part of all profile pages). You are always free to change your password and email address, name, city, state, zip code, country, profile, likes and dislikes (keywords). If you change your password and/or email address, we will retain a record of your old password and email address.
Upon your notification, we will remove your profile from our active databases as soon as reasonably possible in accordance with our policy and applicable law. To deactivate your profile so that others cannot view it, log-in to your profile and go to the User Menu and "Your Details" section of your profile (this section is clearly labeled in the left-hand navigation bar that is part of all profile pages). From there then click the "deactivate" link.
We will retain in our files information you have requested be removed from our active databases for certain purposes, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information may never be completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your PII will be completely removed from our databases in response to any request you may submit.
Control of Your Password
You are responsible for all actions taken with your login information and password. Therefore we do not recommend that you disclose your Site password or login information to any third party. If you choose to share this information with any third party, you are responsible for all actions taken with your login information and password. If you lose control of your password, you may lose substantial control over your PII and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised in any way, you should immediately change your password.
Other Information Collectors
We treat data as an asset that must be protected against loss and unauthorized access. To safeguard the confidentiality and security of your PII, we use industry standard practices and technologies including but not limited to "firewalls", encrypted transmission via SSL (Secure Socket Layer) and strong data encryption of sensitive personal and/or financial information when it is stored to disk.
Under California Civil Code sections 1798.83-1798.84,
All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of PowerKicK LLC and protected by
PowerKicK LLC respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your use of PowerKicKinc.com system, you agree that you will not use the PowerKicKinc.com service to infringe the intellectual property rights of others in any way.
PowerKicKinc.com graphics, logos, page headers and service names are trademarks or trade dress of PowerKicK LLC. PowerKicK LLC's trademarks and trade dress may not be used in connection with any product or service that is not PowerKicK LLC's, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits PowerKicK LLC. All other trademarks not owned by PowerKicK LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PowerKicK LLC.