I.                       ACCEPTANCE OF TERMS

 

This Privacy Policy describes Komstar’s  policies and procedures on the collection, use and disclosure of your information.  Specifically, this policy will inform you of the following:

 

            1. What personally identifiable information is collected from you through our website;

            2. Why we collect personally identifiable information and the legal basis for such collection;

            3. How we use the collected information and with whom it may be shared;

            4. What choices are available to you regarding the use of your data; and

            5. The security procedures in place to protect the misuse of your information.

 

Data Controller:

 

KOMSTAR (USA) LTD.

418 Broadway Ste R

Albany NY 12207

 

servicekomstar@tiens.com

 

 

all hereinafter referred to as "we", "us", "Komstar", or the "Company".

 

Komstar’s  Data Protection Officer:

[Ruben Yescas]

 

We receive your information through our various web sites, SMS, APIs, services and third parties (hereinafter referred to as the "Services"). When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country that you reside in or create information from, your information may be used by Komstar in the United States or any other country where Komstar operates. If you do not agree to the terms of this Privacy Policy, you must discontinue using the Services and terminate your Customer or Distributorship account.

 

 

II.                   INFORMATION COLLECTION

 

Visitors of the website may view various web pages without providing any personal information. If you desire to have Komstar provide services or goods to you or an organization of which you have representative capacity, Komstar may ask you to provide certain information about yourself or your organization by filling out and submitting one or more forms. Providing personal information is optional, but Komstar reserves the right to refuse service to you if you are unable or unwilling to provide certain requested personal information as determined by Komstar.

 

The personal information that you provide in connection with the use of the website or the products and/or services provided by Komstar is protected in numerous ways. Access to your personal information collected during the purchasing of a product or service is available through a password and unique user ID. The password is encrypted. Komstar recommends that you do not divulge your password to anyone. In addition, your personal information resides on secure servers that only selected personnel and contractors (working with us on regular basis being our permanent contractors) have access to via password. Komstar encrypts your personal information as it is transferred to the Company and thereby strives to prevent unauthorized parties from viewing such information.

 

III.               INFORMATION COLLECTED UPON REGISTRATION

 

When you create or reconfigure a Komstar account, you provide some personal information, such as your name, username, password, and email address. Some of this information, for example, your name and e-mail address, may be listed publicly on our Services. Without your permission, we will not use or share, rent or sell any of this registration information to any third party in any other way than that which  is (i) disclosed by this privacy policy or (ii) required by applicable law, regulation or court order.

 

IV.                ADDITIONAL INFORMATION

 

You may provide us with additional information to make public, such as a short biography, your location, or a picture. By providing us with this data, you consent to its processing by us. You may customize your account with information such as a cell phone number. Without your permission, we will not use or share, rent or sell any of this registration information to any third party in any other way than that which is (i) disclosed by this privacy policy or (ii) required by applicable law, regulation or court order.

 

V.                    LOG DATA

 

In order to reduce errors in our database(s), authenticate our users, prevent fraud and prevent abuse of Komstar’s web site and/or the product and services Komstar provides, as well as to provide more consistent, relevant experiences to Komstar users, Komstar may on occasion supplement or correct the personal information you submit to Komstar and your Internet Protocol (IP) address with information in our other databases or information from third-party sources. As permissible, Komstar may also supplement the personal information you provide to Komstar with demographic and other information stored in third-party databases in order to make it more likely that communications Komstar may send will be of interest to you.

 

VI.               INFORMATION USE

 

Komstar collects your information in order to record, support and facilitate your use of the website and to prevent fraud and unlawful use. If you purchase or register for products and/or services, your personal information may be used to register your rights, if any, to technical support or other benefits that may be made available to users. Your personal information may also be used to track your preferences in order to provide an experience customized to your tastes, or to contact you about changes to the site that may affect your account or to update you as to new or updated features. Komstar does not share personal information it receives from residents of California or from residents of any other place with such other organizations for marketing purposes unless we have received an opt-in from you. If you were referred to our services by an Independent Distributor, your contact information (name, address, email address, and/or telephone number) will be shared with the Independent Distributor who referred you, as independent data controller.

 

Once you have given your consent, Komstar may communicate information to you about products, services and special offers available from Komstar. Without your consent Komstar will discontinue to communicate with you about your use of the website and the products and services. Komstar will not provide your name to other companies or organizations without your consent.

 

VII.           LAWFUL GROUNDS FOR PROCESSING PERSONAL INFORMATION

 

Komstar relies on several lawful grounds for processing your personal information, depending on how you interact with us and/or our website:

1)     When it is necessary for Komstar to enter into and to perform a contract with you (when you purchase or register for products and/or services)

2)     When you provide Komstar with consent to process your personal information

3)     When complying with a legal obligation (for example, certain laws and/or regulations may require Komstar to collect and retain information for a certain amount of time for tax purposes, or to prevent fraud and other illegal activities)

4)     Komstar may also process your personal information for its legitimate interests. These interests include, but are not limited to,

o   improving our products and services;

o   understanding how our customers use our products, services, and website;

o   researching and analyzing the products and services our customers want;

o   researching, measuring, and analyzing the effectiveness of marketing techniques;

o   soliciting customer feedback on product satisfaction;

o   personalizing our offers and website to you for a better experience;

o   replying to your inquiries and requests for information;

o   exercising and defending our legal rights, and protecting the companies’ interests;

o   preventing fraud;

o   direct marketing (if you consent to receiving information on special offers, launches, and events and you have not withdrawn that consent);

o   transferring data among Komstar entities for internal administrative purposes; and/or

o   keeping our website safe and secure.

If you choose not to provide data needed to conclude or perform a contract with you or for us to comply with a legal obligation, we will not be able to conclude and perform the contract.

VIII.       LINKS

 

Komstar may keep track of how you interact with links in posts and emails by redirecting clicks or through other means. We do this to help improve our Services, including advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.

 

Our services may contain links to other sites. Please be aware that Komstar is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by Komstar websites.

 

IX.               COOKIES

 

Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. Komstar may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

 

Cookies and similar technologies are used by us to recognize your device and store information about your preferences or past actions.  They help us to provide you with a good experience when you browse our website and also help us to improve our site.

 

For the purposes of brevity, any further references to “cookies” in this policy also encompass any similar technologies that we use which involve storing information on your device or gaining access to information on your device, including web beacons and HTML5 local storage.

 

We use the following cookies on our website:

 

·             Required cookies.  These cookies are required to enable core site functionality including log-in, log-out and user references. Required cookies are automatically enabled when you visit our website, do not require your prior consent, and cannot be turned off through the cookies tool. 

·             Functional cookies.  These cookies enable additional functionality such as status of loyalty program membership, and allow us to collect statistics that help optimize and improve your experience with our website. For example, they allow us to recognize and count the number of visitors and see how they move around our website, which can help us to improve the website design.  These cookies will only be used if you have given your prior consent.  These cookies may be turned off at any time through the cookies tool.  Not consenting to these cookies may reduce the functionality of the website. 

 

We also work with other companies who use cookies to serve ads on our behalf across the Internet. These companies may collect information about your visit to our website and about your interaction with our communications including advertising and e-mails.  These cookies may be turned off through the cookies tool, but doing so may result in being presented with advertisements that are less relevant to you.

 

Session cookies are collected and stored while you access the website and typically last for as long as you are using your browser, or browser session. They are typically used to store information for the purpose of providing the service requested by the user on a single occasion (e.g. a list of purchased services) and disappear at the end of the session.

 

Persistent cookies are those in which the data remain stored in the user's equipment and can be accessed and processed for a period defined by the entities responsible for the cookie, which can vary between a few minutes and several years. This allows, for example, for quicker and often more convenient access to our website.

You can find more information about cookies and how to block and delete them at www.allaboutcookies.org.

 

X.                    THIRD PARTY SERVICES

 

Komstar uses a variety of services hosted by third parties to help provide our Services and to help us understand the use of our Services. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request.

 

XI.               SERVICE PROVIDERS

 

We engage certain trusted third parties to perform functions and provide services to us such as payment providers, payment processors, logistics companies and delivery companies. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to obligations mirroring the protections of this privacy policy. We may provide products and/or services that may require you to accept one or more privacy policies of third party providers. It is your duty to familiarize yourself with the privacy policies of the third party providers. If you do not accept the privacy policy of the third party providers, Komstar reserves the right to refuse services to you.

 

XII.           INDEPENDENT DISTRIBUTOR PROGRAM

 

If you sign up under the Komstar Independent Distributor program, you will be required to read and agree to the terms of the Komstar Independent Distributor Agreement before being allowed to receive compensation under the Komstar Independent Distributor Compensation Plan. Please read the terms carefully before agreeing to participate in the Independent Distributor program. We will use the email address that you provide to us to contact you regarding the enrollment in the Independent Distributor program, and we will use the address or banking information that you provide to us to send you any payments owed to you under the terms of the Independent Distributor program or any other system available to us that will facilitate the transfer of these funds. If you were referred to the Independent Distributor program by another Independent Distributor, your contact information (name, address, email address, and/or telephone number) will be shared with the Independent Distributor who referred you.

 

XIII.       INFORMATION SHARING AND DISCLOSURE

 

Komstar recognizes and appreciates the importance of responsible use of information collected on the website and in connection with the products and services provided by Komstar.

 

Except as described in this Privacy Notice, Komstar does not sell, rent or trade any personal information you provide to us online, nor do we share such information with third parties. We may disclose personal information that we collect or you provide as described in this Privacy Notice:

1)           to our service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. Examples of these services include payment processing and authorization, fraud protection, website usage evaluation, data analysis.

2)           to our Independent Distributors, if you were referred to the Independent Distributor program by another Independent Distributor,

3)           to financial institutions for billing purposes,

4)           governments for tax purposes,

5)           logistics and product shipping and delivery providers.

 

XIV.       INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

 

We are an international organization based outside the European Union. Therefore, in accordance with European Union data protection regulations, if you use our services, your data might be transferred outside the EU.

 

In order to ensure the best possible quality of our services, when providing services to you and also for purposes of performing our agreements with Distributors and Members, we may transfer personal data to a Komstar entity outside of the EU. This data will be used to facilitate commission payments, assist with product shipping and delivery services, communicate promotions, events, various activities or other information related to conducting the Komstar business.

 

If in such a case your data is transferred outside the EU, such transfer is based on the so-called Standard Contractual Clauses introduced by the decision of the European Commission on 4 June 2021. The SCCs are a part of the agreement between Komstar and its Distributors under which the parties guarantee to provide appropriate data protection safeguards.

 

XV.           ONLINE SURVEYS AND CONTESTS

 

Komstar may conduct, on occasion, a survey to collect information about your preferences and the preferences of other users. These surveys are optional and your responses will be kept anonymous.

 

Komstar may also offer contests to qualifying users. In order to participate, we may ask for your contact and demographic information such as your name, your email address and your mailing address. Except as otherwise provided for in this Privacy Policy, none of the information you provide in relation to a contest is shared with third parties, except in summary form, if at all. The demographic information that Komstar collects in the registration process and through surveys and contests is utilized to help us improve our Services. This may include targeting advertising to you about our Services, if you give us your consent. Information we gather through a contest may also be disclosed to third parties as necessary for prize fulfillment and for other aspects of any contest or similar offering.

 

XVI.       THE KOMSTAR PAYMENT SYSTEM

 

The Komstar Payment Service allows a user to pay with a credit card, debit card, or other available accepted payment method. Komstar will collect your payment information and/or other entered financial institution information such as bank account numbers and will use that information to charge you for product purchases and/or to perform a payment on behalf of a third party provider. Komstar may use and disclose such payment information and/or other entered financial institution information to third parties as necessary to complete such billing operation.

 

XVII.   LAW AND HARM

 

We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Komstar’s rights or property.

 

XVIII.                  BUSINESS TRANSFERS

 

In the event that Komstar is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this privacy policy will apply to your information as transferred to the new entity. The new entity will provide you with its own privacy notice due to the aforesaid events.

 

XIX.       NON-PRIVATE OR NON PERSONAL INFORMATION

 

The Company may collect information about the use of the web site and the third party software packages listed therein, such as the number of downloads, services purchased/utilized, how many users visit the website daily, web pages visited, and the IP address of your computer. This information is generally collected in aggregate form, without identifying any user individually, although IP address and Session ID in relation to purchases may be tracked as part of the Company’s customer order review and fraud prevention efforts.

 

The Company may use aggregate, non-identifying statistical data for improving the website and the products and services provided by the Company.

 

XX.           MODIFYING YOUR PERSONAL INFORMATION

 

If you are a registered user of our Services, we provide you with tools to access or modify some of the personal information you provided to us and associated with your account.

 

Certain personal information not accessible online by you (e.g., IP address) that you provide is accessible only by selected personnel and contractors via password and is not modifiable by you.

 

XXI.       DATA SUBJECT RIGHTS

 

Under certain state privacy laws, data subjects may:

 

1)       withdraw their consent to processing at any time where the basis for processing is consent,

2)       request access to their data that Komstar holds in accordance with and to the extent set forth in the applicable law,

3)       ask Komstar to erase their data in accordance with and to the extent set forth in the applicable law;

4)       request Komstar to rectify inaccurate data or to complete incomplete data in accordance with and to the extent set forth in the applicable law,

5)       restrict processing of their data in specific circumstances in accordance with and to the extent set forth in the applicable law,

6)       object at any time to processing of personal data in accordance with and to the extent set forth in  the applicable law, including to object to direct marketing and to object where the lawful basis for processing is our legitimate interests,

7)       make a complaint to a supervisory authority, and

8)       in certain circumstances, receive or ask for their data to be transferred to a third party in a structured, commonly used and machine-readable format, in accordance with and to the extent set forth in the applicable law,

9)       exercise the right not to be subject to a decision based solely on automated processing, including profiling, in accordance with and to the extent set forth in the applicable law (we do not process your personal data for the purpose of taking decisions based solely on automated processing, including profiling, which produces legal effects concerning you); and

10)    expect that they will receive equal service and pricing even if they act on their rights under the applicable law.

 

These rights are not absolute and may be subject to one or more exceptions, such as where it is necessary to store the data and not to erase it to satisfy legal obligations. We need some personal information to provide our services, handle your membership or to comply with legal obligations we are subject to. Your refusal to provide personal information that is required for these purposes may prevent or interfere with our ability to conduct a commercial relationship with you.

 

To exercise the rights described above, please submit a verifiable request to us either:

 

−       in writing at the following address:

 

Komstar (USA) Ltd.

418 Broadway Ste R

Albany NY 12207

 

 

−       per email at the following email: servicekomstar@tiens.com

−       We reserve the right to deny data subject requests if we believe that the request is manifestly unfounded or excessive, or if we cannot confirm and have reasonable doubts about whether the data that is the subject of the request is associated with the person making the request.

 

In order to protect your privacy, Komstar takes steps to verify your identity before granting data subject access requests. Komstar will accomplish this through the use of passwords and personal data. We will only use personal information provided in a verifiable request to verify the requestor's identity or authority to make the request.

 

We endeavor to respond to a verifiable request within 1 month of its receipt. If we require more time (up to 3 months in total), we will inform you, within the first month of receiving your request, of the reason and extension period in writing.

 

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded.

 

XXII.   DURATION OF THE PROCESSING OF PERSONAL DATA

 

The time periods for which we retain your personal data depend on the purposes for which we use it. We will keep your personal data for as long as your account is active, or as long as you are a registered account holder or user of our services or for as long as we have another business purpose to do so (such as, but not limited to, for business, tax, or legal purposes) or until your consent is withdrawn, and, thereafter, for no longer than is required or permitted by law, or our records retention policy, reasonably necessary for internal reporting purposes, or to provide you with feedback or information you might request. This period of retention is subject to our review and alteration. 

 

Following termination or deactivation of your account, we may retain your profile information and all information posted to public areas of the website. Following termination or deactivation of your user account, we may retain your personal data and other data, but will maintain it as confidential. We have the right to delete all of your personal data and other data after termination of your user account without notice to you.

 

XXIII.                  OUR POLICY TOWARDS CHILDREN

 

Our Services are not directed to people under 18. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we take steps to remove such information and terminate the child's account.

 

XXIV.                   CHANGES TO OUR PRIVACY POLICY

 

From time to time Komstar may update this Privacy Policy when our information practices are modified or changed. If we make any material changes to this policy, we will announce that this policy has been changed at our website home page for a period of 30 days. Your continued use of the Services after we post a revised Privacy Policy signifies your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes in the revised Privacy Policy. If you object to any such changes, you must cease using the Services. We therefore encourage you to periodically review this page for the latest information on our privacy practices.

 

XXV.   QUESTIONS

 

Questions regarding this Privacy Policy should be directed to servicekomstar@tiens.com

 

 

XXVI.                    EFFECTIVE DATE

 

The effective date of this Privacy Policy is December 1, 2024.