At Kelley Media, Ltd. (Company), the privacy of our visitors is of extreme importance to us. This privacy policy document outlines the types of personal information is received and collected by Company and how it is used. This statement only applies to kelleymedialtd.com and makelleyandcompanyinc.com (collectively "The Websites"). This Privacy Policy does not apply to information of any kind that we collect by means (including offline means) or from sources other than those specified herein. If you choose to use the Websites, your use is hereby deemed acceptance of Company’s practices described in this Privacy Policy.
Communication Information You Voluntarily Submit to the Websites: The Websites may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Websites by submitting a contact form. Personal Data may include, but is not limited to, your name, email address and phone number. Our legal basis for processing this is our legitimate interests which in this case are to reply to communications sent to us, to keep records, and to establish, pursue, or defend legal claims. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred and stored from your current location to the offices and servers of Company and the authorized third parties referenced below.
Information You Voluntarily Submit to the Websites Relating to Purchases of Goods and/or Services: The Websites may collect personal information from you such as your name, title, billing address, delivery address email address, phone number, contact details, and purchase details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions.
Information We Collect from Others: The Websites may receive information about you from other sources. For example, if you use a third-party software through the Websites, they may transfer information to us for fulfillment. We do not control the data privacy or protection policies of third parties, and we are not responsible for the privacy practices of these third parties.
Automatically-Collected User and/or Technical Information: The Websites automatically collect certain information about you and the device with which you access the Websites. For example, when you use the Websites, the Websites will log your IP address, operating system type, browser type, referring Websites, pages you viewed, and the dates/times when you accessed the Websites. The Websites may also collect information about actions you take when using the Websites, such as links clicked. We process this data to operate our Websites and ensure relevant content is provided to you, to ensure the security of our Websites, to maintain backups of our Websites and/or databases and to enable publication and administration of our Websites, other online services and business.
Marketing Information: The Websites automatically collects data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and marketing to you, and to measure or understand the effectiveness of this marketing. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
Cookies: The Websites may log information using cookies, which are small data files stored on your browser by the Websites. The Websites may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Websites. In addition to Cookies, the Websites may use web beacons. Web beacons allow us to count the number of users who have visited or accessed the Websites and to recognize users by accessing our cookies. We may employ web beacons to facilitate Website administration and navigation, to track the actions of users of the Websites, to compile aggregate statistics about Website usage and response rates, and to provide an enhanced online experience for visitors to the Website. If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browser's respective websites.
Web Beacons: We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. A web beacon is often invisible because it is only 1 x 1 pixel in size with no color. A web beacon can also be known as a web bug, 1 by 1 GIF, invisible GIF, and tracker GIF.
The Websites may use the information collected in the following ways:
To operate and maintain the Websites;
To fulfill orders or to oversee contests or promotions;
To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To provide you with user support;
Training and quality control;
To track and measure promotions on the Websites; or,
To protect, investigate, and deter against unauthorized or illegal activity
Where Your Personal Data Is Held
Personal Data may be held at our offices and those of our affiliates, parent or related companies, third party agencies, service providers, representatives and agents as described below (see below: “Third Party Use of Personal Information”).
Company may share your Personal Data with certain third parties as set forth below:
Third Parties with Permission: We may share your information with third parties to whom you ask us to send your information.
Agents, Consultants, and Related Third Parties: Company, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements: Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity or in connection with our own investigation of suspected or actual illegal activity, in which case we may (and you hereby authorize us to) disclose information without subpoenas or warrants served on us, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Websites or the public, (iv) protect against legal liability including to resolve disputes, investigate problems, or enforce our customer contracts.
Third Party Vendors: We may share your information with third party vendors or service providers who help us provide our products or services or the Websites, including database hosting and data processing services, and assist us in responding to requests by you for information that you request. The Websites may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Websites may use third-party service providers to service various aspects of the Websites. Each third-party service provider's use of your personal information is dictated by their respective privacy policies. The Websites currently use the following third-parties (this list may be amended from time to time in the Websites' sole discretion):
Google (for data storage and analytics)
Wordfence (for website security)
Dropbox (for data storage)
Except when required by law, Company will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, Company may disclose or transfer personal information collected through the Websites to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, assignment, transfer of ownership, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
From time to time, Company may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
California Residents: Pursuant to the California Consumer Privacy Act of 2019 ("CCPA"), you have certain rights with respect to your personal information. For the purposes of this section, personal information is used as defined in the CCPA. Company reserves the right to verify all requests made pursuant to the CCPA.
Access and Disclosure
You may make a verifiable request that we disclose the categories of personal information we have collected about you, the categories of sources of the personal information we collected about you, the business or commercial purpose for collecting or selling the personal information, the categories of third parties with whom we share your personal information, our use of the personal information and if the personal information was disclosed or sold to third parties, including the categories of personal information sold or disclosed. You also have the right to make a verifiable request for a copy of the personal information collected about you for the twelve (12) months prior to the date of your request. To see any categories of personal information we have sold in the last twelve (12) months or opt out of the sale or disclosure of personal information, please refer to the Do Not Sell My Personal Information Page. Please note that we are not required to:
Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information.
Deletion Request Rights You have the right to request that Company delete any of your personal information that we collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the personal information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code ยง 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Children Under 16 We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.
No Discrimination We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your Rights To exercise the access, disclosure and deletion rights described above, please submit a verifiable request to us by emailing admin@kelleymedialtd.com, Attn: CCPA.
You may only make a verifiable request for access or disclosure twice within a 12-month period. You may also make a verifiable consumer request on behalf of your minor child. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
To respond to your request or provide you with personal information, Company must verify your identity or your authority to make the request. We will only use personal information provided in a verifiable request to verify the requestor's identity or authority to make the request. For instructions on exercising sale opt-out rights, please refer to the Do Not Sell My Personal Information Page.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by e-mailing us at admin@kelleymedialtd.com. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
Timing We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
At no time should you submit sensitive personal information to the Websites. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.
The Websites do not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Websites have personally identifiable information obtained from a child under the age of 16 in its database, please contact us immediately at admin@kelleymedialtd.com and we will use our best efforts to promptly remove such information from our records.
This Privacy Policy will be governed and construed in accordance with the laws of the State of North Carolina . Any controversy or claim arising out of or relating to the Privacy Policy, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Carteret County, North Carolina. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
This Privacy Policy applies only to the Websites. The Websites may contain links to other websites not operated or controlled by Company (the "Third-Party Sites"). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Websites do not imply that Company endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Your access to and use of the Websites may also be subject to any separate agreements or terms and conditions you have signed or agreed to with Company. Please refer to those agreements as needed.
Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Websites, or other users; or (d) protect, in an emergency, the health and safety of our customers or the general public. This includes exchanging information with third parties and organizations in connection with credit risk reduction and fraud protection.
Changes to Company's Privacy Policy The Websites may change from time to time. As a result, at times it may be necessary for Company to make changes to this Privacy Policy. Company reserves the right to update or modify this Privacy Policy at any time and will notify you by email in advance of any changes, provided Websites have your email address. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Websites after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contact Information At any time, please contact us at admin@kelleymedialtd.com for questions related to this Privacy Policy.
Revised May 22, 2024