Privacy Policy

Welcome to the KOGU Website, (together with our mobile application(s), and retail locations, the ” Site“), a Site operated by KOGU LLC. (“KOGU“, ” we“, ” us“, or ” our“). If you’re reading this, you know that our Site provides users with an opportunity to learn more about and purchase high quality medical apparel and accessories (our “Products“). We developed this privacy policy (“Privacy Policy“) to explain how we collect, use, and disclose information about you, whether you are simply visiting our Site, making a purchase, or otherwise interacting with us, as well as your rights and choices regarding such information.

So that we are clear about the terminology we are using, when we use the phrase “Personal Information” in this Privacy Policy, we mean information, or an opinion, about an individual that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual.

By using the Site, you agree to our Terms of Use and consent to our collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you do not agree and consent, discontinue use of the Site.

How We Collect and Hold Information.

Information You Provide.

We collect Personal Information when you use the Site. Depending on how you use the Site and your interactions with us, the categories of information we collect and have collected about you in the last 12 months may include any or all of the following:

• Contact Data, including but not limited to your name, email address, postal address, phone number, and similar information about your employer.
• Demographic Data, including but not limited to your birth day and month, gender, country, occupation, student or military status. We may also collect certain demographic data through voluntary surveys, which may include race, income, income ranges, education, or employment and occupation history or status.
• Transaction Data, including but not limited to information about your purchases and the last four digits of your payment card (your full payment card data is processed by third party payment processors).
• Profile Data, including but not limited to your interests, sizing, preferences, and favorites.
• Content, including but not limited to content within any messages you send to us (such as feedback and questions to customer support) or publicly post on the Site (such as in product reviews).
• Referral Data, including but not limited the name and email address of your friend when you use our “Refer a Friend” feature.

You may choose to voluntarily provide other information to us that we do not request.

If you do not provide us with certain of the information we may request about you, we may not be able to provide you with access to or full use of our Site and/or services.

We collect information in the following circumstances, and hold the information in the following ways:

• Create an Account. You do not have to create an account in order to browse our Site or place an order. If you choose to create an account, we will collect your Contact Data and Demographic Data. Your password is stored with our service providers, and we do not have access to it. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password. We may allow you to store Profile Data and other information through your account.
• Place an Order or Attend an Event. To place an order or attend an event, we will require your Contact Data and Profile Data. We use service providers to process your payments.
• Marketing Communications. If you subscribe to our email mailing list or for SMS or MMS messaging, we collect your Contact Data as well as other information on an optional basis.
• Contests and Promotions.When you enter a contest or participate in a promotion, we collect your Contact Data and any additional information or content required for the contest or promotion. These contests and promotions are voluntary. We recommend that you read the rules for each contest and promotion that you enter.
• Contact Us.When you contact us with a comment, question or complaint through email, social media, or telephone, you may submit Contact Data along with other information or Content.
• Surveys and Customer Research. From time to time, we may offer you the opportunity to participate in one of our surveys or other customer research. We may collect your Contact Data, Demographic Data, and other information you submit. The information you provide in surveys is voluntary.
• Refer a Friend.By using this feature, you acknowledge and agree that you have your friend’s consent for us to use their contact information to fulfill your request and send them an email about our service.

Information Collected Automatically.

In addition, we automatically collect and hold Personal Information when you use the Site. The categories of information we automatically collect and have automatically collected in the last 12 months include the following:

• Site Use Data, including data about the features you use, the pages you visit, the searches you make, the Products you view and purchase, the referring/exit pages, the domain name, clickstream data, online customer service interactions, cursor movements, and certain screen interactions and the date/time stamp for your visit.
• Device Connectivity and Configuration Dataincluding data about your browser or device type, your device’s operating system, your Internet service provider (” ISP“), your device’s regional and language settings, your device’s Internet Protocol (” IP“) address (a number that is automatically assigned to your device when you use the Internet, which may vary from session to session), and other device identifiers.
• Location Datasuch as information about the city and state in which your device is located based on its IP address or general location when you input your zip code. If we collect precise GPS location information through your device, we will ask your permission first. You can disable sharing precise geolocation information in your device settings.

We use various tracking technologies to automatically collect information when you use the Site, including the following:

• Log Files, which are files that record information automatically in connection with your use of the Site.
• Cookies,which are small pieces of information stored on your device’s browser that act as a unique tag to identify your browser. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for extended periods of time) to provide you with a more personal and interactive experience on our Site. Cookies allow us to make the Site more useful to you, remember your preferences, support security features, tailor your experience, better understand how you use the Site, and bring you advertising both on and off the Site.
• Pixels(also known as web beacons), which are pieces of code embedded in a website, video, email, SMS or MMS message, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, SMS or MMS message or advertisement that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser. Pixels are often used in combination with cookies to track activity by a particular browser on a particular device. We use information collected from pixels to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, better tailor our Site to our users’ needs, and bring you advertising both on and off the Site. For example, some of the information may be collected so that when you visit the Site or again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.
• Device Fingerprinting, which is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your browser and device.

For further information on how we use tracking technologies for analytics and advertising, and your rights and choices regarding them, see the “Analytics and Advertising” and “Your Rights and Choices” sections below.

Information from Other Sources.

We also collect and hold Personal Information from other sources. The categories of other sources from which we collect and have collected information in the last 12 months include the following:

• Data brokers or resellersfrom which we purchase data to supplement the data we collect.
• Social networkswhen you engage with our content, reference our Site, or grant us permission to access information from the social networks.
• Partnersthat offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
• Customersin connection with us processing their transactions and purchases.
• Publicly-available sources, including data in the public domain.

How We Use Information.

We collect, hold, use and disclose the Personal Information we collect for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business purposes for collecting, holding, using and disclosing information, including in the last 12 months, include the following:

• Operating and managing our Site.
• Processing and fulfilling transactions and purchases.
• Performing services requested by you, such as responding to your comments, questions, and requests, and providing customer service.
• Sending you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
• Preventing and addressing fraud, breach of policies or terms, and threats or harm.
• Monitoring and analyzing trends, usage, and activities.
• Conducting research, including focus groups and surveys.
• Improving and customizing the Site and our other websites, apps, marketing efforts, products and services.
• Developing and sending you direct marketing, including advertisements and communications about our and other party products, offers, promotions, rewards, events, and services.
• Administering your participation in the contest or promotion, including to deliver a prize to you if you are the winner.
• Providing you advertising.
• Fulfilling any other business or commercial purposes at your direction or with your consent.
• Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices”section below.

Please note certain information we process may be considered “sensitive” under certain laws, and we process this information in accordance with applicable legal requirements.

How We Disclose Information.

We disclose the Personal Information we collect in accordance with the practices described in this Privacy Policy. The categories of entities to whom we disclose and have disclosed information in the last 12 months include the following:

• Service Providers.Your information may be transferred to service providers who process the information on our behalf, including service providers that process purchases for us, host the Site, help with fraud prevention and technical support, verify your eligibility for certain discounts, and provide analytics, and certain advertising, and marketing services. Our service providers are only provided with the information they need to perform their designated functions and are not authorized to use or disclose the information for their own marketing or other purposes, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. Our service providers may be located in the U.S., Canada or other foreign jurisdictions.
• Third-Party Advertising or Marketing Partners. We may disclose Personal Information with third-party advertising marketing partners. If you prefer not to share your personal data for purposes of targeted advertising, see “Your Rights and Choices” below.
• Affiliates. To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, ” Affiliates“), in the event we have such Affiliates in the future.
• Customers. We may share individual order information with certain enterprise customers, who may transact with us on behalf of their employees, customers or other third-parties, to enable processing of the enterprise’s and/or its employees’, customers’ or third-party’s transactions.
• Legal and Compliance. We and our Canadian, U.S. and other foreign service providers may disclose your information if we believe that such disclosure is necessary to (i) resolve disputes, investigate problems, or enforce our Terms of Use; (ii) comply with relevant laws or to respond to requests from law enforcement, regulatory bodies or other government officials relating to investigations or alleged illegal activity, or in response to a subpoena, a search warrant or other legally valid inquiry or order; (iii) another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud; or (iv) protect and defend our rights or property or the rights and property of you or third parties.
• Sale of Business. We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of KOGU or as part of a corporate reorganization or other change in corporate control.
• Information you Make Public.We disclose information you make public through the Site, such as information when you post a review. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to additional rights set out in the “Your Rights and Choices” section below.
• Facilitating Requests. We share information at your request or direction, such as when you use our “Refer a Friend” feature.
• Consent. We disclose information with notice to you and your consent.

Notwithstanding the above, we may disclose information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.

Social Media and Other Technology Integrations.

We offer parts of our Site through websites, platforms, and services operated or controlled by separate entities. In addition, we integrate technologies operated or controlled by separate entities into parts of our Site. Some examples include:

• Links. The Site contains links to other websites that are not owned or controlled by us, including our partner sites and social media websites. These links are not intended as an endorsement of or referral to the linked websites. When you click on such a link, you will leave our Site and go to another site. The linked websites have separate and independent privacy policies, notices and terms of use.
• Brand Pages and Chatbots. We may offer our content through social media. Any information you provide to us when you engage with our content (such as through our brand page on Facebook or Instagram or via our chatbot on Facebook Messenger) is treated in accordance with this Privacy Policy. Also, if you publicly reference our Site on social media (e.g., by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Site.

Please note that when you interact with other entities, including when you leave our Site, those entities may independently collect information about you and solicit information from you. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites, and therefore to the full extent permitted by law, we have no responsibility or liability in any manner for the manner in which the organizations that operate such websites may collect, use or disclose, secure or otherwise treat information. We recommend that you review the privacy policy of any other website you visit.

Analytics and Advertising.

We use tracking and analytics services such as Google Analytics to track and analyze how visitors use our Site. Google’s right to use and share information collected by Google Analytics about your visits to the Site is governed by the Google Analytics Terms of Service and the Google Privacy Policy. In addition, we work with agencies, ad networks, and other advertising companies to place ads for our products on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.

As part of this process, we may incorporate tracking technologies (including cookies and pixel tags) on our Site in order to provide you with tailored advertisements across the Internet. These tracking technologies may collect information about your activity across time and services (including on our Site and other websites such as web pages you visit and your interaction with our advertising and other communications) and use this information to make predictions about your preferences, develop personalized content, compile reports and deliver ads that are more relevant to you on other websites (” Interest-based Advertising“). This information may also be used to evaluate the effectiveness of our online advertising campaigns.

We also use audience matching services to reach people (or people similar to people) who have visited our Site or are identified in one or more of our databases (” Matched Ads“) by us uploading a customer list to a technology service or incorporating a pixel from a technology service into our own Site, and the technology service matching common factors between our data and their data. For instance, we incorporate the Facebook pixel on our Site and may share your email address with Facebook as part of our use of Facebook Custom Audiences.

For further information on the types of tracking technologies we use on the Site and your rights and choices regarding analytics, Interest-based Advertising, and Matched Ads, please see the “Information Collected Automatically” and “Your Rights and Choices” sections.

Your Rights and Choices.

Your Privacy Legal Rights.

Depending on your residency (including California, Virginia, Colorado and Connecticut), you may have the right to request that we:

• Provide you the categories of Personal Information we collect and how we process it;
• Provide access to and/or a copy of certain information we hold about you;
• Provide you the opportunity to correct inaccurate information we have about you; and
• Delete certain information we have about you.

Depending on where you live, you may be able to designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

If we deny your request in whole or in part, you may have the right to appeal the decision depending on where you live (e.g., Virginia or Colorado), by contacting info@koguscrubs.com.

Your Privacy Choices.

Opt Out of Sale or Share or Processing of Personal Information for Targeted Advertising.

Residents of certain states such as California and Virginia may opt out of the “sale” of their personal information. Such residents may also opt out of the sharing or processing of their Personal Information for targeted advertising. Applicable law broadly defines “sale” or “share” in a way that may include allowing third parties to receive certain information such as cookies, IP address, device identifiers, browsing behavior, contact information and/or other activity to enable targeted advertising to you. We may share or process such information to deliver targeted advertising to you about our Site, Products or services.

You may still receive advertising; it just may not be tailored to your interests. Please note, if you use different browsers, devices, or services you will need to make your choice on each browser or device where you want to opt out. You should also complete the form above so we may add your information to an appropriate suppression list.

Please note that if you have a legally recognized browser-based opt out preference signal turned on via your device browser (such as Global Privacy Control), we recognize such preference in accordance and to the extent required by applicable law.

Tracking Technology Choices.

Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete non-essential cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations. If you disable or remove tracking technologies some parts of the Site may not function correctly.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Because there is no industry consensus as to what site and app operators should do with regard to these signals, we do not take action with respect to “Do Not Track” signals or other mechanisms, except as otherwise provided herein.

Analytics and Targeted Advertising.

You can opt out of the processing of certain data collected by Google Analytics, by downloading and installing the browser plug-in available

Please note that your opt out only applies to the specific web browser you use so you must opt out of each web browser on each device you use. To successfully opt out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Once you opt out, if you delete your browser’s saved cookies, you will need to opt out again.

We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any company statements regarding their opt out options or programs.

Safeguards.

We implement reasonable administrative, technical and physical measures in an effort to safeguard the information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information.

International Transfer.

We are based in the U.S. and the information we collect is governed by U.S. law as well as the law of the jurisdiction in which you reside. If you are accessing the site from outside the U.S., please be aware that your information will be processed in the U.S. as well as potentially being disclosed to recipients in other countries. We may disclose Personal Information outside of the jurisdiction from which it was collected. We may transfer to, hold or access Personal Information from various countries including but not limited to the U.S., Australia, Canada, United Kingdom, Germany, Poland, France, Netherlands, Spain, and Italy. Some of the countries to which data may be disclosed may be countries where data protection laws may be less stringent than the laws in your country. By using this Site and providing any information, you are consenting to the transfer and processing of your information in conformance with this Privacy Policy.

Retention and Deletion of Information.

We will retain and process your personal data only for as long as is necessary for the purposes for which the information is collected, and to the extent necessary to comply with our legal obligations under applicable law.

When we no longer need to use your Personal Information or retain it pursuant to legal obligations in order to exercise our legal rights, we will remove it from our systems and records or take steps to anonymise it so that you can no longer be identified from it in accordance with applicable law. When we delete information, it will be deleted from the active database, but may remain in our archives and we may also retain information that does not identify you (including information that has been aggregated or de-identified) about use of our Site and purchase of Products as permitted by applicable law.

Children.

The Site is not directed to children under 13 and we do not knowingly collect Personal Information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children under 13. If you are a parent or guardian and you believe we have collected Personal Information from your child, contact us at info@koguscrubs.com. If we learn that we have collected Personal Information from a child under 13, we will delete the information. Additionally, if you are under the age of majority (typically 18 or 19 years, depending on your jurisdiction), you may not purchase any Products. We do not knowingly “sell,” as that term is defined under the CCPA, the Personal Information of minors under 16 years old who are California residents.

Changes to this Privacy Policy.

This Privacy Policy is subject to revision from time to time on a going-forward basis. We will post any revised version of the Privacy Policy on this page. If we make any material changes to it, we will also provide you with additional notice in compliance with applicable law such as sending you notice to the last email address you have provided to us. Continued use of our Site or ordering Products following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Contact Us.

If you have any questions, comments or complaints about this Privacy Policy or the manner in which we handle your Personal Information, or if you have a disability and would like to access this Privacy Policy in an alternative format, please contact us at info@koguscrubs.com. 

In most cases we will ask that you put your request in writing to us. We will investigate your complaint and will respond to you in writing as soon as reasonably possible. If we fail to respond to your complaint or if you are dissatisfied with the response that you receive from us, you might also have the right to make a complaint to the applicable privacy authorities.

Additional Disclosures for California Residents (the “California Privacy Notice”)

These additional disclosures apply only to California residents. The California Consumer Privacy Act of 2018, as amended ( ” CCPA“), provides certain rights as described herein and in this Privacy Policy. The terms in this section have the definitions set forth in the CCPA.

California Notice at Collection.

In the past 12 months, we have collected the following categories of Personal Information enumerated in the CCPA:

• Identifiers and contact information, including name, address, email address, account name, phone number, billing address.
• Device information and device identifiers, including IP address, browser type and language, operating system, platform type, device type, software and hardware attributes, and unique device and advertising identifiers.
• Employment or education information, such as student status to honor student discounts.
• Demographic information, such as your gender. This category includes pieces of Personal Information that also qualify as protected classification characteristics under other pre-existing California or federal laws.
• Commercial information, including purchases, payment and transaction information.
• Internet or other electronic network activity, including history of visiting and interacting with our Site, and other information collected automatically.
• Inferences, including information about your interests, preferences and favorites.

For more information on information we collect, including the sources we receive information from, review the “How We Collect Information” section above.

We use the information we collect from you for the following business and commercial purposes:

• Operating and managing our Site.
• Processing and fulfilling transactions and purchases.
• Performing services requested by you, such as responding to your comments, questions, and requests, and providing customer service.
• Sending you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
• Preventing and addressing fraud, breach of policies or terms, and threats or harm.
• Monitoring and analyzing trends, usage, and activities.
• Conducting research, including focus groups and surveys.
• Improving and customizing the Site and our other websites, apps, marketing efforts, Products and services.
• Developing and sending you direct marketing, including advertisements and communications about our and other party products, offers, promotions, rewards, events, and services.
• Administering your participation in the contest or promotion, including to deliver a prize to you if you are the winner.
• Providing you advertising.
• Providing you with alerts through our Investor Relations Website.
• Providing you with updates on our advocacy efforts.
• Fulfilling any other business or commercial purposes at your direction or with your consent.

For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section above.

How We Disclose Your Information .

Like most online businesses, we disclose some information with contracted third parties in order to provide better services and advertising to you.

We may disclose all the categories of Personal Information identified in this California Privacy Notice or elsewhere in this Privacy Policy for our operational or business purposes to the following categories of entities and third parties:

• Service providers.
• Partners.
• Third parties designated by you.
• An entity that is part of corporate restructuring, including a successor-in-interest or assign.
• Governmental entities.
• Third parties who are involved in a legal investigation or in protecting or defending the rights or property of KOGU or its customers; and/or investigating or assisting in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

Your Privacy Choices: Opt out of Sale or Sharing of Your Personal Information.

We do not sell any of your Personal Information to third parties for profit. Like most online businesses, we do share some information with contracted third parties in order to provide better services and advertising to you, as disclosed in the “Analytics and Advertising” section above. This may be considered a “sale” of personal information under the CCPA or a share for cross-context behavioral advertising.

Retention.

We will retain and process your personal data only for as long as is necessary for the purposes for which the information is collected, and to the extent necessary to comply with our legal obligations under applicable law. In determining how long to retain information, we consider the nature and sensitivity of the information, the purposes for which we process the information, and applicable legal requirements. The purposes for which we process information (as well as the other factors) may dictate different retention periods for the same types of information. For example, we may retain your email address as an authentication credentials (where applicable) as long as you have an account with us and an additional period of time after that for our fraud and legal compliance purposes. We may delete or de-identify your information sooner if we receive a verifiable deletion request, subject to exemptions or requirements under applicable law, or when it is no longer needed to fulfill these purposes.

Financial Incentives (California Residents Only).

We may offer opportunities to receive certain benefits such as discounts, which may require the provision of Personal Information. Such opportunities could be considered a financial incentive under California law (each, an “Incentive Program”). When you participate in an Incentive Program, you agree to the terms of that Incentive Program, and may revoke your participation depending on the Incentive Program (e.g., by opting out of emails). To the extent we can determine the value of your information, we consider the value of providing you with more personalized experience and offers as well as the expenses we incur in providing Incentive Programs that are reasonably related to the costs associated with offering the Incentives.

Right to Non-Discrimination.

You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.