Policies

Last Modified: 1/25

Intellectual Property Rights of humanKIND and Third Parties

humanKIND is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the humanKIND.shop Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by humanKIND.

humanKIND is the owner of the humanKIND trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by humanKIND from Institutions and other third parties (the "Licensed Marks"). By using the humanKIND Site (humanKIND.shop), you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. humanKIND will notify you of such terms if your usage is in violation of such terms.

Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact humanKIND and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. humanKIND retains the right to display such designs or offer them (or variations of such designs) to other customers.

Additionally, humanKIND has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for humanKIND.shop production.

You agree to not use humanKIND.shop's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

COPYRIGHT/TRADEMARK FOR PARTNER ORGANIZATIONS

You represent that you own or all trademark rights, copyrights, rights of publicity and other intellectual property rights necessary to create and sell products on this Website. You agree to provide us with evidence of this upon request. Your failure to do so may result in cancellation of your store.

You agree that you will indemnify, defend and hold harmless humanKIND, its subsidiaries and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use of trademarks, copyrights, rights of publicity or other intellectual property in your Campaign that infringe any third party intellectual property rights.

humanKIND retains all ownership rights in any designs created by our designers and may not be used by you, other than in connection with your campaign on this Website, without our consent.

PICK UP AND DELIVERY

If a customer fails to accept delivery or pick up an within 30 days of the delivery/shipping/pickup available date, humanKIND will consider the property abandoned and has the right to sell, donate, dispose of, or use any such products in any way it chooses.

INTERNATIONAL TRANSFERS

Our Site is maintained in the United States of America. The information we collect from you through our services may be transferred to, stored at, and processed in the USA and other destinations outside the European Economic Area (“EEA”) or other country in which you are located. This includes processing by us, our affiliates, our third party service companies and other third parties as described in this Policy. You explicitly consent and agree to such transfer, storing and/or processing of your Personal Information outside the EEA or other country in which you are located. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA. The USA may not have data protection laws that are as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Information will at all times be in accordance with this Policy.

Your European privacy rights

If you are a resident of the European Union, you have certain additional rights with respect to your Personal information under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), including the following:

• The right of access to your Personal Information.
• The right to rectify your Personal Information if it is incorrect or incomplete.
• The right to have your Personal Information erased (“right to be forgotten”) if certain grounds are met.
• The right to withdraw your consent to our processing of your Personal Information at any time (if our processing is based on consent).
• The right to object to our processing of your Personal Information (if processing is based on legitimate interests).
• The right to object to our processing of your Personal Information for direct marketing purposes.
• The right to receive your Personal Information from us in a structured, commonly used and machine-readable format, and the right to transmit your Personal Information to another controller without hindrance from us (data portability).

If you are located in the European Union and you are or have been our customer, we may send you marketing communications based on our legitimate interests, subject always to your right to opt out of such communications. Further, if you are located in the European Union, we will never share your personal information with a third party for such third party’s marketing purposes, unless you have specifically consented to us doing so.

You may contact us at info@humankind.shop  to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances we may charge a reasonable fee for access to your Personal Information.

Furthermore, if you believe that our processing of your Personal Information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.

For purposes of the GDPR, we are a “controller” and you are a “data subject.”

CHILDREN'S PRIVACY

Our Site is not targeted to children under thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. If we discover that we have inadvertently collected Personal Information from a child under 13, we will promptly take measures to delete that Personal Information from our systems. In the case of residents of the European Union, we do not collect Personal Information from anyone under the age of 16 except with parental consent, subject to an EU member state providing by law for a lower age (not below 13 years).

EXTERNAL LINKS

Our Site may contain links to other websites. Your use of an external website is subject to and governed by the terms and policies of that website. humanKIND is not responsible for the privacy practices of such other websites. We encourage our users to read the privacy statements of each and every website they visit.

SECURITY

We have implemented technical and organizational measures, appropriate to the risk, to protect your information against accidental or unlawful destruction, loss or alteration and unauthorized disclosure or access. For example, we limit internal access to our servers and have physical, electronic, and administrative safeguards in place that are designed to protect your information. However, the transmission of information via the Internet is not completely secure, and we cannot guarantee the security of information transmitted through our Site. We cannot ensure or warrant the security of any such information, and you provide such information at your own risk.

You can also take steps to help protect your information. For example, if you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private.

DATA RETENTION

We retain your Personal Information, if provided by you through our Site, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. We also may retain your Personal Information for a longer period of time on the basis of our legitimate interests in providing our Services to you or as necessary to comply with our tax and legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregated or anonymous data previously collected so that it can no longer be used for personal identification and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

When you use the Website to purchase a shirt from one of our partner organizations, we may share your name, email address, mailing address, and phone number with that organization so that it can recognize and thank you, or fulfill any obligations it may have.

The organization may also use that personal information to contact you with more information about the mission and activities of that organization, business or campaign.

Examples of these practices include: sending a thank-you letter to acknowledge a purchase or donation; sending out by post or email advertising or marketing materials to you about the organization you purchased from; or contacting you because you have contributed in the past to ask you for further support for that organization or charity.

We do not need your consent to process your data for legal purposes, or for many administrative purposes, but in some cases we may need and will request your consent for direct-marketing purposes. To the extent we share any such personal information with third party campaigns or organizations that you have supported, those third parties shall treat it in accordance with their respective privacy policies.

We share information we have about you for the purposes described in this Policy, including to provide the Website, and our services to you, to provide information to some of our partners about those who purchase an item, and as described above.

We do not otherwise sell, license, or share information that individually identifies our customers with any other individuals or entities. However, we may share your information with affiliated businesses, third parties if necessary to provide our services or products to you, in response to legal process, legal requests, claims that any content violates the rights of third parties, or as otherwise required by law or for protection of the rights, property, or personal safety of our users, us, or our personnel.

Where we disclose personal information for a purpose set forth herein, we enter a contract with the third party that describes the purpose and requires the third-party recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

CHANGES TO THIS POLICY

This Policy was last updated as of the “Last Modified” date above. humanKIND may modify this Policy at any time and will post any updates to our Site. We therefore encourage you to review this page frequently for any changes.

Contacting humanKIND

If you have any questions or comments about this Policy, or to exercise your rights under this Policy, please contact us using the information below.

humanKIND
info@humankind.shop