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Terms and Conditions

Terms & Conditions

Updated date: March 29, 2016

Keeks, Inc. ("Keeks Olivia" "we" or "us" or "our") owns and operates the website, www.keeksolivia.com, the mobile version, all underlying software, (or is the licensee) and any sites we have now or in the future that reference these Terms & Conditions (collectively the "Website").

These Terms & Conditions ("Terms") govern your access to and use of the Website. By accessing or using the Website (including all content and functionality), you signify your agreement to these Terms and any additional terms applicable to certain programs in which you may elect to participate. If you do not agree to these terms, please cease using and/or accessing the Website.

This Website is considered to be a general audience site. Keeks Olivia does not intend that any portion of the Website will be accessed or used by children under the age of 13, and such use is prohibited. If you use this Website to register an account, purchase a product from us, or enter our online contests or sweepstakes, you affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, our Privacy Policy, and our Purchase-Related Policies.

We may, in our sole discretion, modify or revise these Terms at any time by posting the changes on the Website. The "Last Updated" legend above indicates when these Terms were last changed. Any changes are effective immediately upon posting to the Website. Continued use of the Website following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.

These Terms apply to all users of the Website, including users who are also contributors of any content, information, and other materials or services on the Website. The Website includes, but is not limited to, all information, content, artwork, text, music, products, software and services offered via the Website.

1. Privacy

Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices. 

2. Purchase-Related Policies

These Terms govern your access to and use of the Website. Additional terms and conditions apply to your purchase of 

Keeks Olivia products or services (such as order processing, shipping and handling, returns, and exchanges) (collectively "Purchase-Related Policies"). You acknowledge and agree that your rights and responsibilities will be governed by such other Purchase-Related Policies as provided in the applicable purchase agreements. In the event there is a conflict between these Terms and the terms provided in an applicable Purchase-Related Policy for any product or service offered through the Spanx Website, the terms of such Purchase-Related Policy will govern. 

3. Accuracy of Information

Our goal is to provide complete, accurate, up-to-date information on our Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. While we try our best, the Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We also have made every effort to display as accurately as possible the colors of our products that appear on our Website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change, update, or remove any contents, links, or resources provided on our Website at any time, and for any reason, without prior notice. We sincerely apologize for any inconvenience this may cause.

4. Intellectual Property Rights

As between you and Keeks Olivia, all right, title, and interest in and to the Website and its content, features, and functionality, including, but not limited to, products, information, materials, text, graphics, photographs, video, displays, images, audio, music, button icons, data compilations, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (the "Content"), and all intellectual property rights in the Website, are retained by Spanx, our affiliates, our partners or our licensors, and are protected by copyright, patent, intellectual property, and other laws of the United States and foreign countries.

You may use the Website for your personal, non-commercial use only. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Keeks Olivia. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Website, except as follows:

    • Your computer may temporarily store copies of such Content incidental to your accessing and viewing those Content.
    • You may store files that are automatically cached by your web browser for display enhancement purposes.
    • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use related to shopping or placing an order with Keeks Olivia, and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain Content, you may take such actions as are enabled by such features.

You will not:

  • Modify copies of any Content from this Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from this Website.
  • Access or use for any commercial purposes any part of the Website or any services or Content available through the Website.

Except as set forth in this Section, if you access or use, or provide any other person with access, to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

The trademarks, logos, and service marks displayed on the Website are the registered and unregistered marks of Keeks Olivia, our affiliates, our licensors, or our partners, in the United States and other countries, and are protected by U.S. and international trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

5. No Purchase for Resale

The Website is intended solely for Keeks Olivia to sell its products direct to end consumers. Therefore, the purchase of products for resale is prohibited. Purchase for resale means the purchase of Keeks Olivia products by someone who resells, or intends to resell, the products to third parties. If we believe you are purchasing for resale or have purchased for resale, we reserve the right to take necessary action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

6. Prohibited Uses of the Website

When using the Website, you shall not:

(i) Disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Website or any computer network;

(ii) Circumvent any technological measure implemented by Keeks Olivia or any of our providers or any other third party (including another user of the Website) to protect the Website;

(iii) Use our Website in any manner that could disable, overburden, damage, or impair our website or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website;

(iv) Upload, transmit, distribute, or run any computer virus, worm, Trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Website, or any other system, device or property;

(v) Use any software robots, spiders, crawlers, or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the Content on our Website;

(vi) Transmit, or cause the sending of any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation;

(vii) Attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login into the Website as you);

(viii) Impersonate or attempt to impersonate Keeks Olivia, a Keeks Olivia employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

(ix) Use our Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(x) Send, knowingly receive, upload, download, use or re-use any Content that does not comply with the standards and requirements set out in Sections ‎4 and 5 of these Terms;

(xi) Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or users of our Website or expose them to liability; or

(xii) Otherwise attempt to interfere with the proper working of our Website.

(xiii) Purchase for resale.

7. Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are using a public computer, we strongly encourage you to log out of your account at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

You are responsible for ensuring that all information you provide on our Website is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process.

If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use.

You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security that you become aware of.

All information you provide when you register for an account on our Website, including through the use of any interactive features, is governed by our Privacy Policy, which is incorporated herein, and we may take any action with respect to your information that is consistent with our Privacy Policy. We reserve the right to refuse service, terminate accounts, or remove or edit Content, for any reason, in our sole discretion without prior notice.

8. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Website; (ii) send emails or other communications with certain Content, or links to certain Content, on this Website; (iii) cause portions of Content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause our Website or any portion of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (iii) link to any part of the Website other than the homepage; (iv) otherwise take any action with respect to the Content on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards and requirements set forth in Sections 4 and 5 of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any links at any time without notice in our discretion.

9. Third Party Links

Our Website may include content or links and resources provided by third parties. We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant, approve, endorse, or make any representations with respect to any off-Website pages, or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, resources, products, services, or any offerings of such pages and websites.

In addition, our privacy practices may differ from those of these other websites. If you provide personal information at one of those websites, you are subject to the privacy policy of the operator of that website, not the Keeks Olivia Privacy Policy. Make sure you understand any website's privacy policies before providing them your personal information.

10. Submissions

We welcome inquiries or feedback on the products you use or might like to purchase. However it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, materials, comments, or other information you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant and agree to grant to us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, adapt, distribute, create derivative works from, compile, arrange, display, and otherwise disclose to third parties any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. While such Submissions will be treated as non-proprietary and non-confidential, we will not use your name unless we are required by law to identify the source of the Submission, or unless we first obtain your permission.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission complies with the standards and requirements in Sections 4 and 5 of these Terms. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.

11. Indemnification

You agree to defend, indemnify and hold Keeks Olivia, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless for any liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Website or breach of these terms.

12. Representations and Warranties; Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE CONTENT AVAILABLE ON IT OR THROUGH IT ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS", AND "AS AVAILABLE" WITH ALL FAULTS AND ERRORS. KEEKS OLIVIA AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

KEEKS OLIVIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE.

KEEKS OLIVIA MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, AND KEEKS OLIVIA WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KEEKS OLIVIA, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS OF EACH, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, INCLUDING DAMAGES FOR LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, LOST DATA OR CONTENT, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE WEBSITE, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, ANY SERVICES OR PRODUCTS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, ANY BREACH OF THESE TERMS, ANY ACT OR OMISSION BY US OR OUR PERSONNEL, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (WARRANTY, CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KEEKS OLIVIA AND YOU.

13. Disputes; Governing Law

You agree that the Terms and any claim, dispute, action, cause of action, issue or request for relief between you and Keeks Olivia arising out of or relating to these Terms, your visit to our Website, or to products or services purchased via our Website (collectively "Disputes") will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

If a Dispute arises between you and Keeks Olivia, our goal is to learn about and address your concerns. You agree that you will notify Keeks Olivia about any Dispute you have with us regarding these Terms, our Website, or our products or services by contacting Keeks Olivia at keeks@keeksforreal.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 days after submission, you or Keeks Olivia may bring a formal proceeding.

Keeks Olivia is the owner of this Website and is based in the state of Georgia in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. Binding Arbitration

You and Keeks Olivia agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and Keeks Olivia.

This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the "FAA") and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in Atlanta Georgia. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You and Keeks Olivia shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Keeks Olivia shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.

Notwithstanding the above, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction, whether or not it is in Georgia. You consent to exclusive jurisdiction and venue in such courts.

15. Limitation on Claims

Regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

16. Term and Termination

These Terms will remain in full force and effect as long as you continue to access or use the Website. We may, with or without prior notice, terminate any of the rights granted by these Terms without cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

You may also cancel your account at any time by contacting customer service at keeks@keeksforreal.com or 404.500.6804.

17. Entire Agreement; Waiver; Severability

These Terms, together with our Privacy Policy, constitute the complete and exclusive understanding between you and Keeks Olivia with respect to your use of the Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Keeks Olivia and you regarding the Website.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Keeks Olivia. Keeks Olivia's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.

If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law. We will amend or replace such provisions with ones that are valid and enforceable and which achieve, to the extent possible, our original objectives and intent as reflected in the original provisions.

Contact Us

If you have any questions regarding these Terms, please contact us by email at keeks@keeksolivia.com or by calling 404.500.6804.



Privacy Policy

Privacy Policy

Effective Date: September 17, 2020
Last Updated: September 17, 2020

Welcome to keeksolivia.com and shop-keeksolivia.com. Your trust is one of our most important assets. Keeks Olivia takes seriously the protection and proper use of the personal information you supply to us. This Privacy Policy explains what information we collect, why we use it, who we share it with, and how we protect it. This Policy applies to the data collection and privacy practices of Keeks Olivia when we collect personal information through your use of www.keeksoliva.com and any other Keeks Olivia-owned domain, Keeks Olivia mobile applications, your interactions and communications with our customer service team, our social media pages that we control, and email or text messages that we may send to you; this Policy also applies to any personal information collected when you visit a store or purchase from us (collectively, the “Site”).

Please familiarize yourself with our privacy practices. As one of our customers or as a visitor to the Site, you understand and agree that we collect, use and disclose your information in accordance with this Privacy Policy.

If you have any questions or comments about this Privacy Policy, please submit a request to getintouch@keeksolivia.com

WHEN THIS PRIVACY POLICY APPLIES

Our Privacy Policy applies to all Keeks Olivia customers and visitors to our Site. This Privacy Policy describes our data collection practices.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Sites or Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our products, who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

WEBSITE TERMS OF USE

By accessing or using the Site in any manner, you also agree to be bound by Keek Olivia’s Terms of Use. Please read the Terms of Use carefully. If you do not accept the Terms of Use, please do not use the Site.

INFORMATION WE COLLECT

We collect information, including personal information, to provide better services to all our customers and Site visitors. The term “Personal Information” means any information that can be used to identify you.

For example, we may collect personal information from you when you:

  • Register, subscribe, or create an account with Keeks Olivia;
  • Purchase products from Keeks Olivia;
  • Open or respond to our email or mobile messaging offers;
  • Contact customer service or otherwise make use of our customer support tools, including, but not limited to, voice, messaging, SMS, chat, or our help center pages
  • Connect, link, message, or "share" our Site via social networking sites;
  • Post comments in public areas of our Site
  • Provide a product review
  • Sign up for notifications.
  • Respond to, and complete a survey
  • Report a problem or have a question about our Site or products, you may provide us with contact information, such as a phone number or email address;
  • Purchase a product or sign up for an account on keeksolivia.com or in our stores, we may collect:
    • Your billing information, such as billing name and address, contact address, credit card number or debit card number;
    • Information about your shopping preferences, such as the stores or website pages you have visited;
    • Your demographic information, such as your date of birth and gender;
    • Information collected through security systems in our stores;
  • Use our Site or emails, we automatically collect information about your device and your usage of our websites or emails through cookies, web beacons or similar technologies, such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Information under applicable law; and
  • Voluntarily submit certain information to our Site, such as filling out a survey about your experience or entering a contest, sweepstakes, or promotion, we collect the information you have provided as part of that request.

Social Networking: Certain social media features available on our Site may be hosted by third party sites. For example, some social networking services allow you to share products and services from our Site via your social networking profile. If you choose to make use of third-party social media services (such as Facebook or Twitter), we may receive personal information about you, such as your name and email address, that you have made available through those services. We encourage you to visit those third-party social networking services’ privacy policies and review your privacy settings directly on those services. Any information we receive through third party social media services may be used as described in this Privacy Policy.

Information About Friends or Family: In certain limited circumstances, we may collect information about people you know. For example, when you purchase a gift order for a friend or family member, we ask for the gift recipient’s email address in order to process the gift order. Our Site also may include a "Refer a Friend" feature that allows you to easily forward information about Keeks Olivia to friends or family. If you elect to refer a friend or family member to our Site, we will ask for that person’s email address. We also may send that friend or family member a message on your behalf. We may store this information for the purpose of sending this message and to manage and improve our "Refer a Friend" program. You are responsible for notifying and, where necessary, obtaining the consent of your family member or friend before providing us with their information.

If you provide us or our service providers with any Personal Information relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Privacy Policy. If you believe that your Personal Information has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Information, please contact us by using the information set out in the “How to Contact Us” section below.

Other Sources: We may also collect information about you, including personal information, from third-party sources. For example, we collect certain personal information about you from marketing research firms in order to improve our future marketing efforts and make them more efficient. This information may include name, interests, and publicly-observed data like shopping behavior. We may combine this information with the Personal Information we collect from you. We will treat any combined information as Personal Information pursuant to this Privacy Policy.

INFORMATION COLLECTED RELATED TO CALIFORNIA RESIDENTS

During the last twelve (12) months, we have collected the following categories of personal information from consumers.

CATEGORYTYPE OF IDENTIFIERS WE COLLECTCOLLECTED
A. Identifiers.First and last name, postal address, unique personal identifier, account number, Internet Protocol address, email address.YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).A name, address, telephone number, credit card number, debit card number, or any other financial information.YES
C. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES
D. Internet or other similar network activity.Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.YES
E. Geolocation DataPhysical location or movementsYES
F. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.YES
G. Inferences drawn from other personal information.Profile reflecting a person's preferences, behavior, and attitudes.YES

We obtain the categories of Personal Information listed above from the following categories of sources:

  • Directly from our customers or their agents. For example, from information that our customers provide to order products.
  • Indirectly from our customers or their agents. For example, through information we collect from our customers in the course of providing services to them.
  • Directly and indirectly from activity on our website (www.keeksolivia.com). For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the webpages you visit.
  • From social media websites, such as Facebook, Twitter, LinkedIn, YouTube, Instagram, and Pinterest.
  • From third parties that assist us in providing certain transactions and services (e.g. customer service, payment processing, hosting), even though it appears that you may not have left our Site.

HOW WE USE PERSONAL INFORMATION WE COLLECT

We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

  • To present, operate or improve the Site, including analysis of Site activity;
  • To inform you about products or promotions available from Keeks Olivia;
  • To fulfill your order;
  • To authorize access to our Site;
  • To validate your identity or verify communications from you;
  • To offer and administer programs;
  • To customize or tailor your experience of the Site;
  • To manage, store and enhance your data and preferences;
  • To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
  • To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate fulfillment of your order;
  • For marketing purposes, including but not limited to, facilitating interest-based advertising, creating customer profiles, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
  • To improve our customer service, conduct customer satisfaction, market research, and quality reviews;
  • To process applications for employment that you submit through the Site;
  • To administer general recordkeeping;
  • To comply with all applicable legal requirements;
  • To manage our contractual relationship with you;
  • To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy; and
  • For any other purpose that is disclosed to you at the point of collection of the personal information, for any purpose for which you provide your prior consent, or for any other lawful purpose.

SALE OF PERSONAL INFORMATION

We do not sell any Personal Information.

COOKIES AND SIMILAR TECHNOLOGIES

We and our partners use various technologies to collect and store information when you visit one of our Sites or Services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third-party advertising and analytics partners include Google, Adobe and similar partners.

The technologies we use for this automatic data collection may include:

Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services. For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy.

Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Clickstream Data. Clickstream data is information collected by our computers when you request web pages from the Site. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.

WHEN YOU CHOOSE TO NOT PROVIDE PERSONAL INFORMATION

Your provision of Personal Information is required in order to use certain elements of the Site. In some instances, if you fail to provide such Personal Information, you may not be able to access and use our Site or order our products.

OUR RETENTION OF YOUR PERSONAL INFORMATION

We use and retain your Personal Information for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).

SHARING PERSONAL INFORMATION

Keeks Olivia may disclose your Personal Information to commercial providers for a business purpose, which include verifying your identity when making a payment. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract.

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for one or more business purposes:

  • Identifiers;
  • California Customer Records Personal Information categories;
  • Commercial information;
  • Internet or other network activity information;
  • Sensory Data;
  • Inferences drawn from other personal information.

We disclose your Personal Information for a business purpose to the following categories of third parties:

  • Our affiliates;
  • Strategic business partners who provide goods, services and offers that enhance your experience with our Site and our products, or that we believe will be of interest to you;
  • Service providers and other third parties we use to support our business, including without limitation those performing core services (such as billing, credit card processing, customer support services, customer relationship management, accounting, auditing, processing insurance claims, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business or the Site, the processing and fulfillment of your orders, and making certain functionalities available to our users;
  • Commercial providers.

We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of Keeks Olivia if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • Fufill any purpose for which you provide it;
  • Meet any applicable law, regulation, legal process or enforceable governmental request;
  • Enforce applicable Terms of Use, including investigation of potential violations;
  • Detect, prevent, or otherwise address fraud, security or technical issues;
  • Protect against harm to the rights, property, assets or safety of Keeks Olivia, our customers or the public, content found on the Site, or to protect the Site from unauthorized use or misuse, as required or permitted by law;
  • Facilitate a business transfer, such as to a buyer or other successor in the event of merger, acquisition, consolidation, divestiture, change in control, dissolution or other sale or transfer of some or all of Keeks Olivia's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Keeks Olivia about its customers and users will be among the assets to be transferred, and any such successor may use your information for the same purposes set forth in the Privacy Policy;
  • For any other purpose disclosed when you provide the information; and
  • When we obtain your consent to do so.

We attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

INTERNATIONAL TRANSFER

We have centralized some of our data processing activities in accordance with applicable laws, and as a result, we may, directly or indirectly through our organization and affiliates, and through third-party entities around the world, process, store, and transfer the information you provide, including your Personal Information, as described in this Privacy Policy. Specifically, the information and Personal Information that we collect may be transferred to, and stored at, a location outside of your jurisdiction. The jurisdiction where your Personal Information will be processed may or may not have laws that seek to preserve the privacy of Personal Information. Your Personal Information may also be processed by staff operating outside of your jurisdiction who work for us or for one of the organizations outlined in this Privacy Policy in connection with the activities outlined in this Privacy Policy. By submitting your Personal Information using the Sites, you agree to this transfer, storing or processing. We will take all steps necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. We have put in place commercially reasonable technical and organizational procedures to safeguard the information and Personal Information we collect on the Sites.

YOUR PRIVACY CHOICES

You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you choose to be a visitor at our Site or stores, we aim to provide you with choices about how we use your Personal Information. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.

  • Privacy Rights Specific to California Residents

Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.

Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.

  • Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
  • Right to Data Portability. You have the right to a “portable” copy of your Personal Information that you have submitted to us. Generally, this means you have a right to request that we move, copy or transmit your Personal Information stored on our servers or information technology environment to another service provider’s servers or information technology environment.
  • Right to Delete Your Data. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
  • Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.
    • Exercising Your Rights

If you are a California resident who chooses to exercise your rights, you can:

  • Submit a request via keeks@keeksforreal.com
  • Call 404-500-6804 to submit your request.

You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.

OUR RESPONSE TO YOUR REQUEST

Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.

We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
  • 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 the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

YOUR MARKETING CHOICES

You may have certain choices when it comes to how we use your data and we want to provide you with information to make the choices that are right for you.

  • Interest-Based Ads and Other Online Advertising. Visit http://www.networkadvertising.org or http://www.aboutads.info to learn more about your options for opting out of interest-based advertising. We do not guarantee that all of the third parties we work with will honor the elections you make using those options. Please also keep in mind that even if you opt-out of receiving ads tailored to your apparent interests, you will continue to see online ads, but the ads that you see therefore may be less relevant to your interests.
  • Mobile Devices. Your mobile device may offer settings relating to cookies, pixel tags, Flash cookies, and other similar technologies. We encourage to you to visit your device’s help menu to learn about your options to limit tracking when using your device. For some information on controlling your mobile choices, click here.
  • Social Media Platforms and Networks. We encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us.
  • Email Marketing. You can opt-out of receiving marketing emails from us by sending us an email stating your request to keeks@keeksforreal.com. If we or one of our service providers acting on our behalf have sent you a promotional email, you may use the “unsubscribe” link or send us a return email asking to be omitted from future email distributions. Please keep in mind that opting out of marketing emails may impact our ability to allow you access to certain offers, benefits and features. Please also note that even if you opt out of receiving certain marketing emails, that opt-out may not apply to other transactional or legal communications that you may continue to receive from us, such as customer service messages, messages about your account or transactions with us, notices about our policies and terms, and emails responding to your communications with us or requests for information that we receive from you.

LINKS TO OTHER WEBSITES

The Sites may contain links to webpages operated by parties other than Keeks Olivia. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the user to take precautions to ensure that whatever links the user selects or software the user downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the user will be subject to upon linking to the third party’s website. Keeks Olivia strongly recommends that you review the third party’s terms and policies.

If you have any questions about the privacy practices of other websites, you should contact the parties controlling these websites for more information.

HOW WE PROTECT PERSONAL INFORMATION

Keeks Olivia maintains administrative, technical and physical safeguards designed to protect the user's Personal Information and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we and/or our service providers use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Information.

Although we take reasonable steps designed to protect your Personal Information, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). We cannot and do not guarantee or warrant the security of your Personal Information or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Information that may affect you so that you can take the appropriate actions.

For your own privacy protection, we urge you to keep all passwords confidential. We also recommend that you do not include sensitive information such as passwords, social security numbers or payment information, in any emails that you send to us. If you become aware of any breach of the terms of this Privacy Policy or of the security of the Services, please notify us by email at keeks@keeksforreal.com.

CHILDREN’S PRIVACY

The Sites and Services are not designed or intended to be used by anyone under the age of 18. If you are under the age of 18 (or a minor in the jurisdiction in which you are accessing our Sites or Services), do not use the Site, or make purchases via the Site, use any interactive features of the Site, or post any Personal Information to our Site. We do not knowingly or intentionally gather Personal information about children who are under the age of 16. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16, please contact us keeks@keeksforreal.com. If we learn that we have inadvertently collected the Personal Information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law.

DIRECT MARKETING AND “DO NOT TRACK” SIGNALS

Keeks Olivia does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.

California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Information with third parties for marketing purposes. To make such a request you should send (a) an email to keeks@keeksolivia.com with the subject heading “California Privacy Rights,” or (b) a letter addressed to Keeks Olivia, Attention: PRIVACY, 60 11th Street NE, Suite 1222, Atlanta, GA 30309. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

PRIVACY POLICY MODIFICATIONS

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

HOW TO CONTACT US

If you have any questions, comments or concerns about this Privacy Policy, or if you would like to exercise the choices discussed above, please contact us:

Via e-mail: getintouch@keeksolivia.com

By writing to us:
Keeks, Inc.
Attn: Privacy Policy Inquiry 
60 11th St NE, Suite 1222
Atlanta, GA 30309