Except as otherwise noted, all content and the arrangement of content included on this Site, such as text, graphics, logos, icons and images ("Content") is the property of Kumho Tire.
Unless specifically authorized, you may use this Site and the Content only for personal, non-commercial purposes, provided this copyright permission notice is included in any copies made for such use. This foregoing limited right does not give you ownership of or a license in any Content. Any rights not expressly granted to you in this policy are expressly reserved. You may not otherwise copy, modify, distribute, transmit, display, perform, reproduce, publish, license, any Content of this Site, or create derivative works from such Content, transfer or sell any images, graphics, files, products, information, or services obtained from this Site without the express prior written permission of Kumho Tire. By using this Site you further agree that you will not "frame" any of the Content of this Site with advertising, promotional material, information, or other Content without the express prior written consent of Kumho Tire. Your unauthorized use of Content may violate intellectual property and other laws and may result in your personal, including criminal, liability.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site you guarantee to Kumho Tire that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices, including, but not limited to, using the copyrighted material, trademarks and trade dress of Kumho Tire without express prior authorization. Further, by using this Site you agree that you will not violate or attempt to violate the security or integrity of the Site, including, without limitation, accessing data not intended for users of the Site; posting or transmitting any material which, (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, hurtful, invasive of privacy or publicity rights, vulgar, obscene, indecent, hateful, profane or otherwise objectionable, or (iii) contains or links to viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features, or any computer code, files or programs designed to (or that operates to) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Site; attempting to probe, scan, or test the vulnerability of the Site to security breaches; attempting to interfere with service to users of the Site (including, without limitation, submitting a virus or corrupted data to the Site, overloading the Site, or continuously posting repetitive material on the Site); attempting to decompile, disassemble, or otherwise reverse engineer the Content or software comprising or making up any part of the Site; and/or sending unsolicited advertising or other communications to users of the Site.
LIABILITY AND WARRANTIES DISCLAIMER
Kumho Tire makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the information, Content, materials, or products included herein that are provided on an "as is" basis. While Kumho Tire endeavors to provide accurate and up-to-date information on this Site, this Site is provided to you "as is" and "as available" and any use of this Site is entirely at your own risk. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KUMHO TIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY. KUMHO TIRE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE. The information on this Site is of a general nature. Individual driving patterns, tire care, vehicle care and other factors may affect recommendations. Please consult your authorized Kumho Tire dealer before deciding to purchase a tire.
Kumho Tire also does not represent that any material or products displayed on this Site are appropriate or available in any locations outside of Canada. Persons outside of Canada accessing this Site do so at their own risk and are solely responsible for compliance with applicable local laws.
You agree to defend, indemnify and hold harmless Kumho Tire and its directors, officers, employees, and agents, from and against all claims and expenses and from any liabilities or damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in connection with access to or use of this Site or in the delay or inability to use this Site, or in connection with any Content, information, data, promotions, activities, products or services associated with this Site, or in connection with your downloading of any Content.
LINKS TO THIRD-PARTY VENDOR SITES
This Site contains links to third-party vendor sites for purposes of tire education and offering merchandise, among others. These links are provided solely as a convenience to you, and the inclusion of any such link on the Site does not imply endorsement by Kumho Tire of such third-party site(s) or the contents thereof. KUMHO TIRE IS NOT RESPONSIBLE FOR THE CONTENTS OF THE LINKED THIRD-PARTY VENDOR SITE(S) AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTS, ACCURACY, OR FUNCTIONALITY OF THE LINKED THIRD-PARTY VENDOR SITE(S). IF YOU USE THE LINKED THIRD-PARTY VENDOR SITE(S), YOU DO SO AT YOUR OWN RISK.
Kumho Tire, in its sole discretion, reserves the right to deny any user access to this Site or any portion thereof without notice and for any reason.
MODIFICATION OF THESE TERMS AND CONDITIONS
Kumho Tire reserves the right to make changes to this Site and the disclaimers, terms and conditions herein at any time. Any amendments to these terms will posted on this Site and will become effective when posted.
Should any part of these terms or the application thereof to any person or circumstances, to any extent, be held invalid or unenforceable, that portion shall be modified so as to be enforced to the fullest extent permitted at law and the remaining portions, or the application of such part to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each part of these terms shall be separately valid and enforceable to the fullest extent permitted by law.
Kumho Tire is committed to protecting your privacy. We use any information we obtain about you to communicate with you only, and for the other purposes described in this policy. Please read on for more details about our privacy & use policy. This policy applies to the collection, use and disclosure of your personal information by us in connection with your personal information collected through the Site, any and all services offered by us, including services offered by, through, or in association with the Site (the “Services”), and accessing Services and related informational materials onto or from the Site, or otherwise.
KUMHO TIRE'S COLLECTION AND USE OF INFORMATION
A. Personally Identifiable Information
i. Collection of Personally Identifiable Information
We will collect personally identifiable information about you, such as your name, postal address, telephone and mobile numbers, and/or email address, when you provide it to us while on this Site such as when you create an account, use the “store locator” feature of the Site, enter a sweepstake, sign up for newsletters, participate in a survey, contact customer service or otherwise interact with this Site.
We only collect such personally identifiable information as is reasonably necessary for us to fulfil the purposes set out in this policy, including personally identifiable information that is relevant to the legitimate purposes of the Site and the Services, and to enable Kumho Tire to provide the requested Services and do business with you. Please remember that you control what personally identifiable information you provide to us. You can visit the Site without providing any personally identifiable information at all.
ii. Use of Personally Identifiable Information
Your personally identifiable information submitted to us, whether through the Site, the Services, or otherwise, may be used by us for the purposes specified in this policy or as specified on the relevant pages of the Site or otherwise specified in connection with the Services, and any and all other legal purposes, which may include, but are not limited to, providing Services, responding to your requests and inquiries from you, corresponding with you, providing information about and marketing our products or services or products or services of third parties and informing you of offers or new features that we believe may be of interest to you, notifying you in case of a product recall, and administrative purposes such as conducting contests, tracking which parts of the Site are of interest to you and processing prizes. By providing your personally identifiable information to us, you hereby consent to the same.
If you choose to opt-in, we may share your personally identifiable information with Kumho Tire's subsidiaries or affiliated entities ("Affiliated Entities") to perform some or all of the Services on our behalf, including for the purposes of sending you information about the programs of Kumho Tire or its affiliated entities and, occasionally, sending you advertising/promotional material from some of their advertising and strategic partners. We make commercially reasonable efforts to ensure that all Affiliated Entities and any other third party service providers acting on our behalf are obligated to provide a comparable level of protection for your personally identifiable information to the level of protection that we provide, including using your personally identifiable information only to the extent necessary to provide the Services on our behalf.
We may also use your personally identifiable information for internal business purposes, such as optimizing Site experiences and analyzing and managing our businesses. You may opt-in to receive certain future information or communications (see the Opt-In/Choice section below). Personally identifiable information that we collect may be uploaded, moved, stored, processed in, backed up and/or transferred between any of the countries in which we operate or may operate. You acknowledge and agree that your personally identifiable information may be uploaded, moved, stored, processed in, backed up and/or transferred in Kumho Tire’s discretion in jurisdictions other than Canada, and you consent to the same.
iii. Disclosure of Personally Identifiable Information
Any personally identifiable information provided by you is not sold, rented, or shared by us with any third party without your consent, except in the circumstances described in this policy. We may disclose your personally identifiable information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors, to the extent that such disclosure is reasonably necessary for the purposes set out in this policy.
You acknowledge and agree that we may use and/or disclose your personally identifiable information, without notice, if legally permitted to do so according to the relevant provisions of relevant privacy enactments, which in Canada include the Personal Information Protection and Electronic Documents Act (collectively, the “Privacy Acts”). The Privacy Acts may permit the use and/or disclosure of personally identifiable information without notice if, for example: (a) the personally identifiable information could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction; (b) the personally identifiable information is used or disclosed for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual; and (c) the personally identifiable information is disclosed to comply with the edicts of the law, or to comply with a subpoena or warrant issued or an order made by a court.
B. Demographic Information
We may also collect demographic data, such as your date of birth, gender and zipcode or postal code. Demographic data may be used to tailor your experience at this Site, such as showing you Content including special events and advertising that you might be interested in, and displaying the Content according to your zipcode or postal code.
On occasion, aggregate information that does not identify any particular user may be compiled and shared with subsidiaries and affiliates of Kumho Tire, strategic partners, merchants and advertisers.
C. Passive Collection of Non-Personal Information
This Site often requires the use of encrypted or non-encrypted cookies. Cookies are data that a web server transfers to an individual's computer for recordkeeping purposes. Cookies are an industry standard used by most websites and help facilitate users' ongoing access to and use of a particular website; for example, by providing information used to deliver content specific to your interests and for other purposes, such as security and other account administrative functions, and which may track personally identifiable information.
This information is collected for Kumho Tire's internal use such as to enhance website security, to detect broad demographic trends, to assist Kumho Tire in providing content tailored to your interests and to otherwise enhance your experience on this Site. This information may also be shared with third parties on an aggregate and non-personally identifiable basis.
III. LINKS AND THIRD PARTIES' PRIVACY PRACTICES
This Site has security measures in place to help protect against the loss, misuse and alteration of the personally identifiable information under its control. Kumho Tire employs security measures consistent with standard industry practice to help protect against public access to personally identifiable and account activity information collected on and used by Kumho Tire at this Site.
This Site may provide you with the opportunity to opt-in to receive marketing communications from Kumho Tire. If you do not opt-in, Kumho Tire will not send you its promotional offers. However, regardless of your opt-in preferences, Kumho Tire may still at times need to send program emails for administrative reasons. If you opt to receive communications and then change your election, your opt-out preference may not be effective in certain instances where you agreed to receive brand-specific communications.
VI. CONSENT, WITHDRAWAL, AND DATA PROTECTION
You hereby consent to the collection, use, and disclosure of your personally identifiable information as set out in this policy, and acknowledge and agree that your personally identifiable information may be collected, used, and disclosed by us in accordance with this policy.
You may withdraw your consent to the collection, use, and disclosure of your personally identifiable information as set out in this policy at any time. Withdrawal of your consent to the collection, use, and/or disclosure of your personally identifiable information as set out in this policy may result in the Site and/or the Services or certain aspects of the Site and/or the Services being unavailable to you. If you withdraw your consent to the collection, use, and/or disclosure of your personally identifiable information as set out in this policy, Kumho Tire reserves the right to limit your access or prevent you from accessing the Site and/or the Services.
Kumho Tire secures your personally identifiable information from unauthorized access, use and disclosure by third parties. You acknowledge and agree that we may, at our sole discretion, use a variety of security technologies and procedures to help protect your personally identifiable information from unauthorized access, use, and disclosure. For example, Kumho Tire may secure the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.
Depending on your location and subject to applicable law, you may have additional rights with respect to your personally identifiable information, including:
(i) “Right to be forgotten” - the right to request that we erase your personally identifiable information in certain circumstances provided by applicable law;
(ii) “Data portability” - the right to request that we send to another company, where technically feasible, your personally identifiable information; and
(iii) the right to request that we restrict the processing of your personally identifiable information in certain circumstances; for example, if you contest the accuracy of the personally identifiable information while we are verifying the accuracy thereof.
VIII. CONTACTING KUMHO TIRE
Kumho Tire Canada Inc.
Website Customer Care
#Unit B, 6430 Kennedy Rd.
Mississauga, ON L5T 2Z5