Thank you for visiting our Privacy Policy ("Privacy Policy"). This Privacy Policy applies to Personal Information (defined below) collected on all websites associated with MCG, Inc. and its affiliates, subsidiaries, and brands, including Kahe Surf (the "Company," "we," "us," or "our"), and on all affiliated domains that link to this Privacy Policy, through any related mobile applications, in-store computerized devices and in-store data collection forms, and physical retail locations where the Privacy Policy is posted (collectively referred to herein as the "Sites"). This Privacy Policy also explains the choices available to you about the way this information is collected and used.
Your use of the Sites is also expressly subject to our Terms and Conditions, available at https://kahesurf.com/pages/terms-and-conditions.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US, YOU CONSENT TO THE COLLECTION, USE, DISCLOSURE, TRANSFER, AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE, IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

Please note that this Privacy Policy is subject to an arbitration provision, requiring you to arbitrate any claims you may have against the Company on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF APPLICABLE, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.


1. INFORMATION COLLECTED

When you use our Sites, we collect your personal and non-personal information. The types of information we collect from you depend on the Sites and the features you use on the Sites. Personal information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Please note that over time, non-personal information may become personal information due to regulatory changes, technological advances, or the combination of personal and non-personal information. The different types of information we collect from you may include:

Purchase Information: We may collect your name, billing address, shipping address, email address, phone number, credit card number and expiration date when you make a purchase. This information is used to deliver the products and services you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information), and/or to provide customer service.

Information Collected in Store: We may collect your name, email address, mailing address, zip code, and preferences if you fill out a form in the store. This information will be used to offer you products that may be of interest to you and to provide you with the information you request.

Account Information: We may collect your name, email address, mailing address, postal code, date of birth, and gender if you create an account with us. This information will be used to help you track your orders, keep you informed of special offers and site updates, and facilitate checkout when making purchases.

Information for Marketing Communications: We may collect your name, email address, mailing address, gender, and date of birth if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers, and new features available on the Sites.

Inquiry Information: We may collect your name and email address if you contact us with a question or request a live chat with us. This information may be used to respond to your question or contact you if we disconnect from our Live Chat.

Promotional Information: We may collect your name, email address, and other contact information if you enter a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you about promotional and special offers, sales, and new features available on the Sites. It will also be subject to the terms that accompany that promotion.

Survey Information: We may collect your name, age, postal code, purchasing habits, email address, and/or mailing address if you choose to participate in one of our online surveys. This information will be used to help us provide relevant information about our consumers.

Usage Information: We may collect usage information passively when you visit or interact with the Sites. We refer to this as "passive" collection because you may not be aware that this information is being collected when you visit or interact with the Sites. This information may include the following: the IP address of site visitors, IP address information, system media access control address, network configuration information, network device information, browser plug-in type and version, and operating system. In addition, like any site or online service, our mobile application automatically collects certain information such as your IP address, information about your device (e.g., your mobile device unique identifier, hardware model, operating system version, mobile network information), and the URL from which you access our application. You are not required to provide us with personal information in the general course of using our mobile application, unless you make a purchase through the application, in which case you must create an account.

Information from other websites, including mobile applications and social media platforms: If you use a social media platform or your mobile device (or other communication method) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device settings permit it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged in to the application or sites. If you have questions about the security and privacy settings of your mobile device, please consult your mobile service provider's or device manufacturer's instructions on how to adjust your settings. We do not control the data collection or privacy practices of the app stores from which you download our mobile application, or any third-party platforms through which you access our sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any application, and review and use the controls and settings available on your device to reflect your preferences.

Information from Other Sources: We may also obtain, collect, and aggregate information (including Personal Information) provided to us by our marketing service providers and other vendors. This information may include information about current subscribers or customers and is used for a number of things, including to enable us to send you the most relevant, timely, and interesting offers and announcements specifically tailored to you and your interests. Of course, you can update your information or change your preferences about receiving announcements and other information from us at any time by accessing your account through the Sites. (For more information, see the section below titled How Can You Access, Correct, and Update Your Personal Information?)


Information Collected in Store: We may collect your name, email address, mailing address, postal code, and preferences if you fill out a form in store. This information will be used to offer you products that may be of interest to you and to provide you with the information you request.

Account Information: We may collect your name, email address, mailing address, postal code, date of birth, and gender if you create an account with us. This information will be used to help you track your orders, keep you informed of special offers and site updates, and facilitate checkout when making purchases.

Information for Marketing Communications: We may collect your name, email address, mailing address, gender, and date of birth if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers, and new features available on the Sites.

Inquiry Information: We may collect your name and email address if you contact us with a question or request a live chat with us. This information may be used to respond to your question or contact you if we disconnect from our Live Chat.
Promotional Information: We may collect your name, email address, and other contact information if you enter a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you about promotional and special offers, sales, and new features available on the Sites. It will also be subject to the terms that accompany that promotion.

Survey Information: We may collect your name, age, postal code, purchasing habits, email address, and/or mailing address if you choose to participate in one of our online surveys. This information will be used to help us provide relevant information about our consumers.

Usage Information: We may collect usage information passively when you visit or interact with the Sites. We refer to this as "passive" collection because you may not be aware that this information is being collected when you visit or interact with the Sites. This information may include the following: the IP address of site visitors, IP address information, system media access control address, network configuration information, network device information, browser plug-in type and version, and operating system. In addition, like any site or online service, our mobile application automatically collects certain information such as your IP address, information about your device (e.g., your mobile device unique identifier, hardware model, operating system version, mobile network information), and the URL from which you access our application. You are not required to provide us with personal information in the general course of using our mobile application, unless you make a purchase through the application, in which case you must create an account.

Information from other websites, including mobile applications and social media platforms: If you use a social media platform or your mobile device (or other communication method) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device settings permit it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged in to the application or sites. If you have questions about the security and privacy settings of your mobile device, please consult your mobile service provider's or device manufacturer's instructions on how to adjust your settings. We do not control the data collection or privacy practices of the app stores from which you download our mobile application, or any third-party platforms through which you access our sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any application, and review and use the controls and settings available on your device to reflect your preferences.
Information from Other Sources: We may also obtain, collect, and aggregate information (including Personal Information) provided to us by our marketing service providers and other vendors. This information may include information about current subscribers or customers and is used for a number of things, including to enable us to send you the most relevant, timely, and interesting offers and announcements specifically tailored to you and your interests. Of course, you can update your information or change your preferences about receiving announcements and other information from us at any time by accessing your account through the Sites. (For more information, see the section below titled How Can You Access, Correct, and Update Your Personal Information?)


2. COOKIES AND OTHER SESSION IDENTIFIERS

Like many sites, we, and third parties we authorize, use a technology called "cookies." A cookie is a piece of information placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) is used in a non-identifiable way, without any reference to personal information. For example, we use information we collect about users of the Sites to optimize our Sites and understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with personal information. In such cases, this Privacy Policy governs how we use that information.

Cookies help provide additional functionality to the Sites and help us analyze Site usage more accurately. For example, the Sites may set a cookie on your browser that allows the Sites to remember you on subsequent visits. We use cookies to monitor and maintain information about your use of the Sites. Cookies are also used to determine the identity of the website you visited immediately before visiting the Sites; otherwise, we do not track information about your use of other websites. Cookies also allow us to maintain shopping cart selections when a user leaves the Sites without checking out. Cookies are not used on the Sites to store your account information, as that information is stored securely on a server. When you log in to the Sites with your username and password, we assign you a secure session ID. The server then transmits your information to you via this secure session ID. Cookies can be session cookies (i.e., they only last for the duration of a browsing session) or persistent cookies (i.e., they remain in your browser until they are deleted or expire). Some of the cookies we use may be Flash cookies or Adobe cookies. Although these are harmless, they may contain demographic information and, depending on your browser, these cookies may not be deleted when you delete your cookies. Please check your browser to learn where these types of cookies are stored and how they can be deleted.

Although we recommend that you leave cookies enabled as they allow you to take advantage of certain features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you choose not to allow the installation of cookies as provided in this document, you may not be able to use or take advantage of all the services and features of the Sites. In particular, you can configure your browser settings (i) to receive notifications when you receive new cookies, (ii) to disable cookies, or (iii) to delete cookies. Please refer to the help section of your web browser for information on how to do this.


3. HOW WE USE THE INFORMATION COLLECTED

We may use the information we collect as needed and to respond to your requests, including in the following ways:

Access and Use: If you provide Personal Information in order to obtain access to or use of the Sites or any features thereof, we will use your Personal Information to provide you with access to or use of the Sites or features and to monitor your use of the Sites or specific features.

Internal Business Purposes: We may use your personal information for our internal business purposes, including to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify, or address fraudulent activity, to manage your account and provide customer service, and to generally manage the Sites and our business.

Marketing: We may use your personal information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you of offers, contests, or surveys that may be of interest to you and to display content and advertising on or off the Sites that may be of interest to you. If you wish to modify or update your personal information or change your subscription preferences, you may do so as described in this document. We also use your personal information for other marketing purposes, such as to administer our loyalty programs.


Specific Reason: If you provide personal information for a specific reason, we may use the personal information in connection with the reason for which it was provided. For example, if you contact us by email, we will use the personal information you provide to answer your question or attempt to resolve your problem and will respond to the email address from which the contact originated.


Aggregated Information: In an ongoing effort to better understand and serve users of the Sites, we may (either directly or through our marketing service providers) conduct research on the demographics, interests, and behavior of our customers based on Personal Information and other information provided to or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing and the products we offer in certain regions of the country. This research may be compiled and analyzed on an aggregate basis, and this aggregate information does not personally identify you and is not classified or treated as Personal Information under this Privacy Policy.




4. HOW WE SHARE YOUR INFORMATION


We may share the information described in Section 1 above with the following categories of third parties in the following circumstances:


Order Fulfillment and Fraud Protection: If you choose to make a purchase on the Sites, we may collect your credit card number, billing address, and other information relevant to that purchase, and we may use the collected information to fulfill your purchase. We may also provide this information, or other personal information you have provided, to unaffiliated third parties if necessary to complete your purchase (for example, to process your credit card). In addition, we may share your personal information with fraud protection services to help us prevent fraud and protect our customers from credit card fraud.

Business Transfers: As with any business, as we develop our business, we may sell, assign, purchase, transfer, or otherwise acquire or dispose of certain business or assets of the business. In the event of such an event or a similar event, personal information may be among the assets transferred. In the event that all or a portion of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your personal information collected through the Sites, and you acknowledge and agree that any successor or acquirer of us and/or our e-commerce service provider will continue to have the right to use your personal information and other information in accordance with the terms of this Privacy Policy.

Subsidiaries and Affiliates: We may also share your personal information with our subsidiaries and/or affiliates. Our subsidiaries and affiliates will be required to process and retain any personal information in accordance with this Privacy Policy.

Agents, Consultants, and Related Third Parties: As noted above with respect to our e-commerce service provider, we sometimes engage other companies to perform certain business functions on our behalf so that we can focus on our core business. These services include, among other things, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, distribution of marketing and promotional materials, website evaluation, data analysis, and, where appropriate, data cleansing. As part of the services these partners provide to us, we may provide them with access to certain personal information. We conduct a vetting process to evaluate our partners' data protection practices.

Third-Party Marketers, Partners, and Other Third Parties: We may also share your personal information with other marketers, partners, and other third parties whose products or services may be of interest to you. These marketers, partners, and other third parties may use your personal information for their own purposes or disclose it to other third parties. If you prefer that we not share your personal information with these types of parties, please email us at contact@kahesurf.com.

Legal Requirements: We may disclose your personal information if required to do so by law (including, but not limited to, in response to a subpoena or request from law enforcement, a court, or a government agency) or if we believe in good faith that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests, or property or those of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public, or (iv) to protect against legal liability or potential fraud, as we determine in our sole discretion.

5. HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION
   
   
   You may access, correct, and/or update certain personal information you have provided to us by clicking "Update Account" in the "My Account" area of ​​the Sites. California residents may also refer to the section titled Your California Privacy Rights.
   
   
   
   
   6. MEASURES TAKEN TO ENSURE THE SECURITY OF YOUR INFORMATION
   
   
   We take commercially reasonable steps to ensure the security and confidentiality of your personal information. We have implemented information security measures that contain administrative, technical, and physical controls designed to reasonably protect your personal information. Although we have taken and will continue to take significant steps to protect this information, no company, including ours, can completely eliminate all security risks associated with personal information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to us. You understand that any information you transmit to us is at your own risk. We recommend that you take additional steps to protect yourself, including installing anti-virus software, closing browsers after use, keeping passwords confidential, and ensuring that you regularly update your software and applications. If we are notified of a data security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing us with personal information, you agree that we may communicate with you electronically about security, privacy, and administrative issues related to your use of the Sites. We may post a notice on the Sites in the event of a security breach. We may also send you an email to the email address you provide to us in these circumstances. Depending on where you live, you may have the right to receive written notice of a data security or privacy breach. If you have reason to believe that the personal information we have collected or the security of our system has been breached, please notify us by sending an email to contact@kahesurf.com.
   
   
   
   
   7. YOUR CHOICES AND INDIVIDUAL RIGHTS
   
   
   You have several choices regarding your personal information. We will respect the choices you make regarding your personal information. If you have created and maintained a user account on the Sites, you will be able to log in and update your account (including your contact information)

. You can also write to us at the address given in Article 16 to update your contact details or change your subscription preferences. In addition, you can:

Limiting the Personal Information You Provide: You can use the Sites and limit the personal information you provide by disabling cookies or not creating an account with us. If you choose to limit the personal information you provide and/or disable cookies, you may not be able to use certain features of the Sites. For example, to purchase goods and services on the Sites, you must provide payment and shipping information.

Managing Your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and request to receive information by text message, we may provide you with information that way. In addition, we may send automated text messages (if you consent). When you consent to receive automated text messages from us, please note that your consent includes permission to receive automated and/or prerecorded telemarketing text messages or non-automated messages from or on behalf of the Company and its affiliates at the phone number you provide. You also understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms, including message frequency, are provided when you sign up for any automated message.

Opting Out of Marketing Emails and Texts: With respect to email marketing, you will have the opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as quickly as possible, it may take up to ten (10) business days for them to become effective. Please be aware that even if you opt out of receiving future promotional communications, if you use the e-commerce features of the Sites, you may receive certain transactional communications related to the purchase or shipment of purchased items. For example, if you order online, we will send you an email confirming your order and may contact you by phone, email, or postal mail if we have questions about your order. Additionally, an opt-out option will not prevent you from receiving messages we are required to send by applicable law or regulation. You may ask us not to contact you via SMS at any time by replying to a SMS after receiving it. For automated messages, you will have the option to opt out by replying "STOP" to any message received. Please note that you hereby agree to receive a confirmation message in response to any opt-out request. We will process your opt-out request as soon as possible, but please be aware that, under certain circumstances, you may receive a few additional messages until the opt-out request is processed.

Social Media and Other Public Platforms: You can also manage the sharing of certain personal information with us when you connect with us through a social media platform or application, such as Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you can adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to know that when you post information in public forums, including publicly accessible social media platforms, that information is available to anyone who accesses the pages on those platforms. USE EXTREME CAUTION WHEN DISCLOSING INFORMATION IN CHAT ROOMS, FORUMS, AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR OTHERS' USE OF THE INFORMATION YOU DISCLOSE IN CHAT ROOMS, FORUMS, AND OTHER PUBLIC POSTING AREAS.


8. LINKS TO OR FROM ANOTHER WEBSITE

The Sites may contain links to other websites not operated or controlled by us (the "Third Party Sites"). The policies and procedures set forth herein do not apply to Third Party Sites. We are not responsible for the privacy practices or the content of such Third Party Sites. We are not responsible for the actions of such Third Party Sites; however, the owners and operators of all Third Party Sites are responsible for all personal information provided, collected, maintained, stored, or otherwise disclosed on such sites, if any. Links on the Sites do not imply that we endorse or have reviewed the Third Party Sites, including their privacy policies, if any. If you have any questions about how these Third Party Sites use your personal information, we strongly encourage you to contact those sites directly for information about their privacy policies and practices.

If you accessed the Sites through a link from some of our advertising or marketing partners, the Sites may include a frame from the relevant advertising or marketing partner. However, the information you provide to us through these framed web pages is collected by us and our use of that information is governed by this Privacy Policy.

9. HOW WE RESPOND TO DO NOT TRACK SIGNALS
   
   
   Please note that our Sites do not support "Do Not Track" browser settings and do not currently participate in any "Do Not Track" framework that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information.
   
   
   
   
   10. INFORMATION COLLECTED FROM CHILDREN
   
   
   Protecting children's privacy is extremely important to us. The Sites are intended for a general audience and are not directed to children under 13. We do not knowingly collect, nor do we intend to collect, personal information from anyone under the age of 13. If you are under 13, you should not provide us with any personal information. We encourage parents and legal guardians to monitor their children's internet usage and to help enforce our privacy policy by instructing their children never to provide us with personal information through the Sites. If you have reason to believe that a child under 13 has provided us with personal information, please contact us using the methods provided in Section 16 and we will endeavor to delete such information from our databases.
   
   
   
   
   11. CHANGES TO THIS PRIVACY POLICY
   
   
   The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update, change, amend, or modify this Privacy Policy at any time and from time to time without prior notice. When we do, we will also revise the "last updated" date at the top of this Privacy Policy. Please review this policy periodically, especially before providing any personal information.
   
   
   If we make material changes to this Privacy Policy (in our sole discretion), we will post a notice on the Sites to notify users of the changes and provide them with an opportunity to take action on the changes before they become effective. In some cases, we may also send an email notifying registered users of the upcoming changes.

This Privacy Policy was last updated on the date indicated above. By continuing to use the Sites after any changes or revisions to this Privacy Policy become effective, you agree to the terms of the revised Privacy Policy in effect at that time.


12. DISPUTES AND ARBITRATION AGREEMENT

Except where and to the extent prohibited by law, by using the Sites, you and the Company agree that in the event of any controversy, claim, action, or dispute arising out of or relating to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part thereof ("Dispute"), both parties shall first attempt in good faith to resolve such Dispute by sending a written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days to respond to or settle the Dispute. The notice shall be sent:

to the company, at the following address: Motion Concept Group, 10 avenue de la Forge, 33680 Lacanau, France

to you: at your last billing address or at such billing and/or shipping address as we may have on file.

You and the Company agree that this dispute resolution procedure is a prerequisite that must be satisfied before initiating any litigation or filing any claim against the other party. IF A DISPUTE CANNOT BE RESOLVED BY THE ABOVE-MENTIONED DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including the rights to discovery and appeal.

The arbitrator shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.


13. CHOICE OF LAW

This Privacy Policy has been developed and shall be construed in accordance with the laws of France, without giving effect to any principles of conflict of laws. The parties acknowledge that this Privacy Policy constitutes a transaction involving interstate commerce.

14. CONTACT US

If you have any questions, comments, or concerns about our Privacy Policy or privacy practices, please email us at hello@kahe-nautic.com, or write to us at the following address:

Motion Concept Group
10 avenue de la Forge
33680 LACANAU
France