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California Privacy Notice

Effective Date: March 22, 2022

If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”) provides you with certain rights with regard to your personal information. This Privacy Notice describes how Kaival Brands Innovations Group, Inc. (“we,” “us,” or “our”) collects, uses, sells, or discloses personal information of residents of the State of California, either online or offline. This Privacy Notice supplements the information contained in our online Privacy and Cookie Policy.  

The term “personal information” is defined in the CCPA as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include publicly available information obtained from government records or deidentified or aggregated consumer information that cannot be reconstructed to identify you.

Personal Information We Collect

During the preceding 12 months, we have collected from website visitors, customers, vendors, and other individuals who have interacted with Kaival, the categories of personal information set forth below. Not all of the types of information set forth below may be collected from or about all individuals, however. For example, we may collect different information from vendors than from customers.

Category of Personal Information Examples
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Name, signature, address, telephone number, and credit card number
Characteristics of protected classifications under federal and California law Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex, sexual orientation, veteran or military status, or genetic information
Commercial information Records of personal products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or other electronic network activity information Device information, IP address, browser type, operating system, browsing history, search history, and information regarding a user’s interaction with our website or an advertisement
Inferences about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes Household or lifestyle information, interests, tastes, and preferences
Geolocation data Location information collected automatically from your device or location information you provide when you use a store locator feature
Professional information Company or organization name, job title
Other information you choose to provide Photos, videos, and other content and information you post on our Websites or provide through social media or communications with us

Sources of Personal Information

As described in the INFORMATION WE COLLECT section of the Privacy Policy, we collect personal information about you (1) directly from you when you provide it to us, (2) automatically using cookies and other tracking technologies when you use our website and related mobile applications, and (3) from third parties.

Business or Commercial Purposes for Collecting Personal Information

We collect, use, and combine personal information about you for the purposes described in the HOW WE USE THE INFORMATION WE COLLECT section of the Privacy Policy.

Disclosure and Sale of Personal Information

We share your personal information with other parties as described in the DISCLOSURE OF YOUR INFORMATION section of the Privacy Policy. We may engage in the “sale” of your personal information, as that term is defined in the CCPA. For more information about the circumstances in which we may sell your personal information and your right to opt-out, see the Right to Opt-Out section below. 

Your California Privacy Rights and How to Exercise Them

If you are a California resident, you may be able to exercise the following rights in relation to the personal information we have collected about you (subject to certain limitations).

Right to Know

You have a right to request that we disclose, no more than twice in a 12-month period:

●       Specific pieces of personal information we have collected about you.

●       Categories of personal information we have collected about you.

●       Categories of sources from which the personal information is collected.

●       Categories of personal information about you that we sold or disclosed for a business purpose.

●       Categories of third parties to whom the personal information was sold or disclosed for a business purpose and

●       The business or commercial purpose for collecting or selling personal information.

We will provide this information upon receipt of a verifiable consumer request. How we will verify your identity depends on how you have interacted with us in the past.

To exercise this right, you can contact us by phone at 1-833-367-2434 or click here.

Right to Delete

You have a right to request that we delete any personal information about you that we have collected from you, subject to certain exceptions. If we are required to delete your personal information, then upon receipt of a verifiable request, we will delete your personal information from our records and direct any service providers to delete your personal information from their records.

To exercise this right, you can contact us by phone at 1-833-367-2434 or click here.

Right to Opt-Out

You have a right to opt-out of the “sale” of your personal information to third parties. A “sale” of personal information is broadly defined to include transfers of personal information for monetary or other valuable consideration.

We may be deemed to engage in the sale of your personal information when we allow advertising technology partners to use cookies and other technologies to collect your information and present advertising messages based on your preferences and to help us identify other users likely to be interested in our products and services. For more information or to opt-out, click here.

Only you, or someone legally authorized to act on your behalf, may make a request under the CCPA related to your personal information. Any request must provide sufficient details so we can evaluate and respond to the request. We may request an individual’s first and last name, email address, mailing address, and/or other information to verify an individual’s identity. If you designate an authorized agent, the agent will be required to submit proof of authorization and you will be required to verify your identity. We will not discriminate against you for exercising your rights under the CCPA. We reserve the right to refuse any requests, in whole or in part, to the extent permitted by law.

Do Not Track

We may track our users’ activities over time and across third party websites to provide targeted advertising. Our Website does not respond to all Do Not Track (“DNT”) signals at this time. In addition, some third party sites also keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. Please review the privacy policies posted to all third-party websites to confirm if such websites respond to browser DNT settings.

California Shine the Light Act

A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has shared personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties direct marketing purposes. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year. If you are a California resident and would like to make such a request, e-mail us at privacy@kaivalbrands.com with “California Shine the Light Request” in the subject line.
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ACH Authorization and Agreement (“Authorization”)

I represent and warrant that I am the authorized owner, or an authorized agent of the authorized owner, on the checking or savings account provided by me to Kaival Brands Innovations Group, Inc. (“Kaival”) through www.bidivapor.com or its affiliate web pages (the “Site”). By clicking the “Accept” button below, I hereby authorize Kaival to withdraw the purchase price(s) specified in the applicable order confirmation(s) issued and duly executed by Kaival (“Confirmation(s)”), on the payment date(s) specified in the applicable Confirmation(s), by electronic funds transfer from the checking or savings account provided by me to the Site (the “Authorized Account”), in order to make the Requisite Payments to Kaival in exchange for products sold by or through the Site.

“Requisite Payments” means the amounts I am required to pay under the applicable sales agreement by and between myself (or my associated entity) and Kaival (the “Sales Agreement”) and the associated Confirmation(s), including any additional charges I owe, such as delivery, tax, or late fees. If the applicable due date falls on a weekend or holiday, my payment will be processed on the next business day.

I agree that this Authorization shall remain in effect, and Kaival may retain my Authorized Account information, until I am notified by Kaival that they are terminating my Requisite Payments, or until three (3) business days following the date on which I notify Kaival, in writing, that I wish to revoke this Authorization. I acknowledge and agree that revocation of my authorization does not cause a revocation or alteration of the applicable Sales Agreement or Confirmation.

I understand that Kaival may restrict or terminate payment under this Authorization, in the event that I am in default of the applicable Sales Agreement, and/or if there are insufficient funds in my checking or savings account, among other reasons.

I acknowledge that I have received a copy of this Authorization.

In the event an error is made in any ACH transfer, I hereby authorize Kaival to make any necessary transfers, to or from my Authorized Account, in order to correct the error.

I acknowledge and agree that electronic funds transfers will be made to the financial institution and account number supplied by me through the Site, and I acknowledge and agree that any errors in the provision of such information to the Site shall be solely my responsibility. I agree to indemnify, defend, and hold harmless Kaival in connection with any damages arising from such errors.

I acknowledge and agree that Kaival shall not be responsible for any aspect of the payment transaction following the point when my designated financial institution receives or has control of the payment transaction. Any loss or damage resulting from the loss of data or funds following my designated financial institution’s receipt of payment (or control of payment) shall be solely my responsibility, or the responsibility of my designated financial institution.

I acknowledge that Kaival shall be responsible for employing commercially reasonable means to safeguard my data, but shall not be responsible for any virus, data breach, theft, glitch, error, force majeure, or related event affecting my Authorized Account information, so long as such commercially reasonable means are employed.

This Authorization shall be governed by the Sales Agreement then in effect between me (or my affiliated entity) and Kaival. In the absence of an effective Sales Agreement, this Authorization shall be governed by the terms and conditions of sale set forth on the Site at the time of my signature below.


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