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EU Privacy Notice

Notice for Residents of the European Economic Area

This notice supplements the information contained in our online Privacy Policy and describes additional rights provided to residents of the European Economic Area (EEA) under the General Data Protection Regulation (EU) 2016/679 (“GDPR”) with regard to the personal information Bidi Vapor, LLC (“Data Controller”, “we,” “us,” or “our”) collects and processes, either online or offline.

The GDPR requires that we inform you of the legal bases we rely on to process your personal data (referred to herein and in our Privacy Policy as “personal information”). Personal information means any information about an identified or identifiable natural person. The legal bases for processing are set forth below.

  • Our legitimate interests. For example, to maintain system security, communicate with you and fulfill your requests, conduct surveys, improve our products and services, and protect your rights, your rights, our rights, our business, and the rights of others.​
  • Performance of a contract with you.
  • Compliance with laws. For example, to comply with legal and regulatory requirements or respond to a court order or legal request, including when we need to verify your age or identity in order to provide our services in accordance with laws.
  • Consent. For example, we obtain consent to send you commercial email marketing messages, where we want to analyze your use of our services for purposes other than strictly necessary to provide our services or where we disclose your personal data to third parties for their own purposes (in case there is no other legal basis for such disclosure). Where we rely on consent to process your personal information, you can withdraw your consent at any time; however, the withdrawal of consent does not affect the lawfulness of processing before the withdrawal.

The servers where personal information is stored may be located in the United States and/or other countries that have not been deemed by the European Commission to provide an adequate level of protection for personal information. In addition, we may share personal information with service providers and third parties located outside of the EEA. In particular, the servers where we store the data gathered through any of our websites are located in the United States – meaning that when you use our websites, you also explicitly consent to the data being gathered, kept, and further processed in the United States.

We will keep your personal information in a form that permits us to identify you as a data subject for no longer than is necessary for the purposes for which the personal information was gathered and, in all cases, no longer than until you withdraw your consent (in cases where consent is the legal basis for the processing of data) or object to processing your data (in cases when you have such a right, and we cannot demonstrate compelling legitimate grounds to keep processing your personal information).

The GDPR provides residents of the EEA with certain rights with respect to their personal information. You may:
  • Request access to your personal information (including to obtain confirmation as to whether or not personal data concerning you are being processed, to obtain additional information about the data being processed, and to obtain a copy of such data);
  • Request correction of your personal information;
  • Request erasure of your personal information;
  • Object to processing of your personal information;
  • Request to restrict processing of your personal information; and
  • Request not to be subjected to automated decision-making or profiling.

You can exercise these rights by sending an email to privacy@bidivapor.com with a description of your request. We will endeavor to fulfill your request to exercise these rights, but we may have legal grounds or obligations to reject your request. We will respond within one month after we have verified that you are the data subject or are authorized to make the request on behalf of the data subject. If necessary, we may extend our response time by an additional two months to respond properly, but we will notify you if that is the case within one month.

If we decide not to fulfill your request, we will tell you the reasons why. If you disagree with our response to your request, you have the right to lodge a complaint with a data protection regulator in Europe. Should you have any concerns, we request that you contact us first so we can investigate and hopefully resolve, your concerns.

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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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