Last Revision: October, 2024
Company Name: KCAA Enterprise Inc. (doing business as Branex)
Address: 3702 E Columbus Dr, Tampa, FL 33605
Contact Email: support@branexwholesale.com
1. Introduction
KCAA Enterprise Inc. (doing business as Branex) (referred to as “KCAA Enterprise Inc.”, “Branex”, “we,” “our,” “us” in this policy) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website branexwholesale.com, use our services, or make purchases through our website. Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.
This Privacy Policy also applies to users in the European Economic Area (EEA), the United Kingdom (UK), and California, where we comply with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
2. Information We Collect
2.1 Personal Information
We may collect personal information that you provide to us when you:
- Register an account on our website.
- Place an order for products or services.
- Subscribe to our newsletter.
- Contact us for support or with inquiries.
The personal information we collect may include:
- Name
- Email address
- Mailing address
- Phone number
- Payment information (e.g., credit card number, billing address)
- Date of birth (for age verification)
- Driver’s license
- Resale license
- Tobacco and/or cigarette license (if applicable)
- EIN number
- W-9 Form
- Company name
- IP address (for fraud prevention and security purposes)
- Identification documents for age and identity verification (e.g., passport, state ID)
2.2 Non-Personal Information
We may collect non-personal information about you when you interact with our website. This information may include:
- Browser type
- IP address
- Device type
- Operating system
- Browsing behavior (e.g., pages viewed, time spent on site)
- Referring website URLs
- Geolocation data (if enabled by the user)
- Cookies and similar tracking technologies (see Section 10 for more details)
3. How We Collect Information
We collect information from you in various ways, including:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site (e.g., usage details, IP addresses, and information collected through cookies and other tracking technologies).
- From third-party services that you use to interact with our site (e.g., Google Analytics, payment processors).
- From public records and databases, to verify licenses and compliance with regulatory requirements.
Additionally, we collect your consent regarding the use of cookies and processing of personal data in compliance with GDPR and CCPA regulations. Non-essential cookies are only set once explicit consent has been given.
4. Legal Basis for Processing Personal Data (GDPR)
We process personal data based on the following legal grounds:
- Consent: Where you have provided consent to process your data (e.g., subscribing to newsletters or accepting cookies).
- Contractual Necessity: Where the processing of personal data is necessary for the performance of a contract (e.g., completing a purchase or providing services).
- Legal Obligations: Where the processing is necessary for compliance with legal obligations (e.g., tax reporting, FDA regulations).
- Legitimate Interests: We may process your data based on our legitimate interests (e.g., fraud prevention, improving the functionality of our website), provided those interests do not override your rights and freedoms.
5. Use of Your Information
We use the information we collect for various purposes, including to:
- Process your transactions and manage your orders.
- Provide and manage your account.
- Respond to your inquiries and provide customer support.
- Send you promotional materials and updates (with your consent).
- Improve our website and services.
- Enforce our terms, conditions, and policies.
- Comply with legal obligations.
- Personalize the user experience by analyzing how you use our website and services.
- Prevent and detect fraud and abuse of our services.
- Verify your age and identity to comply with legal requirements for the sale of restricted products (e.g., tobacco, nicotine products).
- Conduct audits, compliance checks, and other administrative purposes.
6. Disclosure of Your Information
We may share your information in the following circumstances:
- With service providers that perform services on our behalf (e.g., payment processing, data analysis, age verification services).
- With third parties as required by law or to protect our rights (e.g., in response to a subpoena, court order, or other legal process).
- In connection with a merger, sale, or other transfer of our business assets.
- With your consent or at your direction.
- With third-party marketing partners (with your consent) to deliver personalized advertising content.
- In cases where we believe in good faith that disclosure is necessary to protect the security or integrity of our website or users.
- With regulatory and law enforcement authorities, as required to comply with legal obligations, including FDA and state regulations concerning the sale of tobacco and nicotine products.
7. User Rights
You have the following rights regarding your personal information:
- Access: You can request a copy of the personal information we hold about you.
- Correction: You can request that we correct any inaccuracies in your personal information.
- Deletion: You can request that we delete your personal information, subject to certain exceptions.
- Objection: You can object to our processing of your personal information under certain circumstances.
- Restriction: You can request that we restrict the processing of your personal information under certain circumstances.
If you are a resident of the European Union (GDPR) or California (CCPA), you have additional rights:
- Portability: Under the GDPR, you have the right to request that we transfer your personal information to a third party in a commonly used, machine-readable format.
- Right to Opt-Out of Data Sale: Under the CCPA, you have the right to opt-out of the sale of your personal information. We do not sell your personal information. If this practice changes, we will notify you in advance and provide a mechanism to opt out.
- Right to Non-Discrimination: Under the CCPA, you have the right to receive equal service and pricing even if you exercise your privacy rights.
- Right to Lodge a Complaint: Under the GDPR, you have the right to lodge a complaint with a supervisory authority, particularly in the EU or where any alleged infringement occurred.
To exercise any of these rights, please contact us at support@branexwholesale.com. We will respond to your request within the time frame required by applicable law.
Verification Process:
To protect your privacy and security, we may take reasonable steps to verify your identity before granting access or making corrections.
8. Data Security
We implement appropriate technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures include:
- Secure Socket Layer (SSL) encryption for data transmission.
- Secure servers and firewalls to store your personal information.
- Access controls to restrict access to your personal information to authorized personnel only.
- Regular security assessments and updates to protect against vulnerabilities.
However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee its absolute security.
9. Data Retention
We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations. This includes:
- Transactional Data: Retained for at least 7 years to comply with tax, legal reporting, and auditing obligations.
- Account Information: Retained until you request deletion of your account or as required by law.
- Legal Compliance Data: Retained as necessary to comply with FDA regulations and other legal obligations.
When we no longer need your personal information, we will securely delete or anonymize it.
10. Cookies and Tracking Technologies
We use cookies and similar tracking technologies to track activity on our website and store certain information. In compliance with GDPR and CCPA, non-essential cookies are only activated with your consent. You can manage your cookie preferences through our Cookie Notice & Compliance tool.
Types of Cookies We Use:
- Necessary Cookies: Essential for the operation of our Site.
- Performance Cookies: Help us understand how visitors interact with our Site by collecting and reporting information anonymously.
- Functionality Cookies: Enable enhanced functionality and personalization.
- Targeting/Advertising Cookies: Used to deliver relevant advertisements to you.
Third-Party Cookies:
- We may use third-party cookies from services such as Google Analytics and Facebook Pixel for performance analytics and targeted advertising, as well as to improve user experience.
Managing Cookies:
- You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, some portions of our website may not function properly.
For more details about how we use cookies, please review our Cookie Policy.
11. International Data Transfers
We may transfer the personal data we collect from you to third-party data processors in countries that are outside the EEA. Where such transfers occur, we will ensure that there are adequate safeguards in place to protect your personal data (e.g., by using standard contractual clauses approved by the European Commission).
12. Automated Decision-Making (GDPR)
We do not make decisions based solely on automated processing, including profiling, that has legal effects or similarly significant effects on you. If this changes, we will update this Privacy Policy accordingly.
13. Age Restrictions
Our website is intended for individuals who are 21 years of age or older. We do not knowingly collect personal information from individuals under 21. If we become aware that we have collected personal information from an individual under 21, we will take steps to remove that information from our servers.
We utilize age verification tools, including the Age Gate plugin, to ensure compliance with age restrictions for all visitors accessing our website. Additionally, for users creating accounts, we require ID verification to confirm they are over 21 years old. This process is particularly important for the sale of restricted products, ensuring that only individuals of legal age can access or purchase our products.
14. FDA and Regulatory Compliance
As a seller of tobacco, nicotine products, food, and cigars, we comply with all applicable FDA regulations and state laws.
- Age Verification: We collect and verify personal information to confirm that users are of legal age to purchase restricted products.
- Health Warnings: All nicotine-containing products sold on this Site comply with FDA regulations and include the following warning:
- “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
- Product Recalls and Safety Information: If necessary, we may use your contact information to communicate important safety information or product recalls.
- Regulatory Reporting: We may disclose personal information as required to comply with FDA reporting obligations and other legal requirements.
15. Changes to This Privacy Policy
We may update our Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Any changes will be effective immediately upon posting the updated Privacy Policy on this page, with a new “Last Revision” date indicated at the top. In the event of significant changes that materially affect your rights or how we use your personal information, we may, at our discretion, notify you by email using the email address provided in your account. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information. Your continued use of our website after any changes are posted constitutes your acknowledgment and acceptance of those changes.
16. Contact Us
If you have any questions about this Privacy Policy, please contact us at support@branexwholesale.com.
