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Introduction

Your privacy and the trust you place in us to protect your information are very important to us.  We are committed to complying with all applicable laws, including those related to data privacy and protection.  We take steps to safeguard the information we hold and want to be transparent with you about how we use that information, and with whom we share it.  This Privacy Policy is intended to provide you with information on how we collect, use, secure, and delete personal information.  We encourage you to read this Privacy Policy carefully so that you understand our policies and practices regarding your information in our possession. Questions or comments regarding this Policy should be submitted to us by mail or email as follows:

KPA Corporate Office
1380 Forest Park Circle
Lafayette, CO 80026
Phone: 866-356-1735
United States
[email protected]

Overview and Scope

KPA, LLC, and our affiliate companies (collectively “KPA” “we,” “us,” or “our”), delivers compliance solutions that help our clients achieve regulatory compliance, control risk, protect their assets, and effectively manage employees.

  • Our Software.  We provide Software-as-a-Service (“SaaS”) based solutions, award-winning training, and on website consulting (collectively the “Software”) to thousands of our business customers throughout the United States and Canada. 
  • Our Websites.  We maintain publicly accessible websites for commercial purposes including: autoadvisory.com, clean-dealer.com, compli.com, compligo.com, ehsstudy.com, elitedealeraward.com, fmsds.com, hrdrive.com, hrdrivehiring.com, hrsafetyonline.com, kapnickriskservicescenter.com, kpa.co, kpa.io, kpadb.com, kpadev.com, kpahq.com, hpahq.net, kpahr.com, kpahrm.com, kpaonline.com, kpapartnerresources.com, laborandemploymentsource.com, lossfreerx.com, mykpa.com, mykpaonline.com, nwpreferredbuilders.com, smstest.net, suceedms.com, suceedsafetytips.com, verasuit.com (collectively, the “Website”). 
  • Our Services.  Together, our Software and our Website will be referred to in this Privacy Policy as “Services.”  If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Services. Use of our Services is deemed to be acceptance of the terms and conditions of this Privacy Policy.

Scope.  This Privacy Policy describes our data handling practices for using, maintaining, protecting and disclosing your personal information collected from your interaction with the Services.  This Privacy Policy applies to our Services that collect data and display these terms. It does not apply to any website, service, or product that does not display or link to this Privacy Policy or that contains its own privacy policy.  In order to provide those Services, we access, collect, store and use personal information. 

Security.  KPA is committed to protecting your privacy in a variety of ways including using reasonable and appropriate industry accepted security measures to protect against loss, misuse and alteration of data contained in our systems. Any information given to us will never be sold, rented, traded, shared, or leased other than as outlined in this Policy.

Not intended for children.  Our Services are intended for our customer’s internal business management and are not intended for or directed to anyone under 16 years of age.  We do not knowingly collect personal information from children.  If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information as soon as possible.

Updates.  We may update this Privacy Policy from time to time; your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check our Privacy Policy periodically for updates. Updates will be noted in our Privacy Policy effective date above.

Collection

We collect your personal information in a variety of ways depending upon how you use and interact with our Services.  Some of this information is provided directly by you, while other information may be provided by our customer (your employer) in connection with use of our Services.

Information Collected from and about You on the Website 

We may collect information directly from you when you complete forms on our Website.  This may include information you submit to us in a “Contact Us” form, a registration for a webinar, or the information you provide when downloading a whitepaper.  The information we gather through these forms include the following types of information:

•          Name
•          Email
•          State of residence
•          Phone number
•          Employer
•          Job title
•          Information about your interests in our Services

Employment Application.  If you review our careers page through our Website and want to search open positions, you will be redirected to our recruiting partner who will have access to and manage the personal information that you provide.  They will manage and share any personal information in accordance with their privacy policy presented on their website.  To learn more about third parties who may have access to your data, please see “sharing information” portion of this Privacy Policy. 

Information Collected from the Software 

We collect certain personal information from our customer (your employer) or from you when you provide it to us in connection with use of our Software. 

Personal Information collected from Software Users.  For licensed users designated by our customers who access our Software, you may be required to provide specific information (such as your login credentials) to verify your identity before accessing certain information within our Software.  The types of information requested may include the following types of information:

•          job location
•           hire date
•           date of birth
•           driver’s license
•           social security number           
•           supervisor information
•           training records
•           policy attestations
•           other information used by employers for regulatory compliance

Personal Information Collected on behalf of our Customers.  As directed by our customer , we may import and store personal information in our Software supplied by a customer thought integrations with the customer’s in-house systems or from designated third parties, such as payroll and accounting systems, human resources information systems, applicant management systems, and learning management systems.  The table below details the nature of the Software we provide and the types of personal information that we may collect:

EHS Compliance Software 

In this set of Software, we may collect the following types of personal information:

  • Website inspection information
  • Issue Tracking
  • Training records

HR Management Software 

In this set of Software, we may collect the following types of personal information:

  • Applicant tracking
  • Onboarding
  • Workers Comp
  • Health Records
  • Benefits Administration
  • Training records

F&I Compliance Software

This Software collects the following types of information:

  • Website audit information
  • Training records

Personal Information Collected Indirectly

In addition to collecting information you provide to us directly, we also collect some personal information indirectly. 

Information Collected from other Third PartiesWe may collect information about you from third party or public sources, such as social networks when you click “Share This” via Facebook, Twitter, Linked In, or other social media “like” buttons.  Any data collected by a third party would be handled based on their privacy practices rather than this Policy. 

Information Collected through Automated TechnologiesWe may collect information about the computer or device you are using, including your IP address and browser type. Having information like this helps us improve our Website and deliver a better and more personalized service to our customers and Website visitors. 

The information we collect and share with our service providers includes browsing actions and patterns including traffic data, location data, logs, the resources that you access, and search queries.  We do not provide any Personal Information to these third-party advertising partners, but they may combine this information with Personal Information they collect directly from you or receive from other sources.

We want to be transparent about the automated technologies we use; for more information on the automatic information collection technologies we use, please see our Cookie and Automated Technology Notice.  

Mobile Location TrackingOur Services may be accessible on a mobile device.  When using a mobile device, we collect information about the device you are using and your connection including mobile operator or ISP and mobile phone number. 

Certain of our mobile apps offer opt–in, geo–location services and push notifications. Geo-location services provide location– based services, such as store locators and other personalized content. Push Notifications can include discounts, reminders or details about local events or promotions. Most mobile devices allow you to turn off location services or push notifications.

Do Not Track Requests.  Some browsers offer a “Do Not Track” privacy preference. Generally, when a user turns on the Do Not Track Signal, their browser sends a message to websites requesting that the user not be tracked. Our Website and Services currently do not respond to “Do Not Track” signals. However, you do have other options for opting out of tracking for interest-based advertising purposes as described in this Privacy Policy. 

Use

KPA uses the information we collect to operate and improve our Services, to respond to requests about information or Services we offer, and to protect and secure the integrity of our systems and the data we hold.  More specifically, we use personal information in the following ways:

  • On Our Website.  We use personal data collected from the Website to develop and improve our Services, to email users with marketing offers, to complete predictive analytics and data mining, and to provide interest-based advertising to help our message reach interested people. 
  • In Our Software.  We use personal data to provide Services to end users, to communicate to customers and users about the Services, to respond to support requests, and to develop and improve the Services. 

How we use personal information collected from the Website    

We maintain a commercial, publicly available website in order to promote our business interests.  When visitors complete a webform or send an email, we may use that information to respond to the request or inquiry.  For participants of our web seminars, the only personal data we share is web seminar registration information and it is only shared with our web seminar presenters to provide this service.  

KPA does not sell, rent, lease, trade, or share visitors’ personal data other than as outlined in this Privacy Policy.   

Opt Out

When you provide us with your personal data or otherwise choose to sign up to receive email communications from us, we will use that information to send those communications to you. Individuals may “opt-out” of receiving e-mail communications through selections available on e-mails received.

How we use personal information collected from the Software    

Use of your personal information within the Software is done at the direction of our customers to manage their compliance objectives.  Each customer manages the data in accordance with their own internal policies and procedures. Any questions related to how that customer may process, use, or share your information should be directed to that customer.  

Sharing Information

There may be instances where we share your information with our trusted third-party service providers.  There are also instances where we are required to share your information with other third parties based on certain criteria.  This section details our data handling practices on how we share data.   

Disclosure to Our Service Providers and Subcontractors.   We use third-party vendors who may have access to personal information.  Our vendors are required to safeguard personal information to the same extent we safeguard personal information.  They may use personal information exclusively to deliver the services to us.   KPA does not allow vendors to use personal information collected from the Services to promote their own marketing objectives without your separate, prior consent. 

You might see an advertisement from us on your social media page.  Sometimes we allow third party advertising companies and ad networks to use automatic data collection technologies to collect similar information about you for purposes of providing you with interest-based ads. Interest-based ads are helpful because they are more likely to be tailored to your particular interests. They are also more likely to help you discover new services that are relevant to you and your interests. Also, if interest-based tracking is enabled, you likely will not see the same ads over and over because the number of times you see an interest-based ad is usually limited. By opting-out of interest-based ads, you lose these types of benefits.

Response to Court Orders and Legal Process.  In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

We reserve the right to disclose your personal data as required by law and when we believe that disclosure is necessary to protect our rights, the security of our systems, Software and Website, and/or comply with a judicial proceeding, court order, or legal process served on us.

Transfer based on Business Assignment.  In the event KPA goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal data will likely be among the assets transferred. You will be notified via prominent notice on our Website for 30 days of any such change in ownership or control of your personal information.

Feedback provided to us.  Some of our customers like to provide information to us about their experiences using the Software or to share what they learned from information on our Website.  When users provide feedback regarding our Services, we may share that information with other customers and prospects on our Website or through our Software. 

Security

KPA uses reasonable security measures to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration, and destruction. We have implemented protections designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. Where we have given you a password for access to certain parts of our Website, you are responsible for keeping this password confidential.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If KPA learns of a security systems breach, KPA may attempt to notify you electronically so that appropriate protective steps can be taken. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. We may post a notice via our Website if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

If you have any questions about security on our Website, you can email us at [email protected] with “Questions about Web Website Security” in the subject line.

ACCESS

Review or Update Information through the Software

KPA is engaged by companies around the United States to deliver our Software.  Where personal information is collected in relation to that Software, we do so on behalf of our customers organizations and those customer organizations manage the data in accordance with their own internal policies and procedures.

Any questions related to how that customer organization may process, use or share your information should be directed to that customer organization by contacting them directly as we are not responsible for their data management practices.

Review or Update Information through the Website and Opt-Out

We want to provide you with choices regarding the personal information you provide to us.  If you do not wish to receive promotional emails from us, including our e-newsletters, you may either opt-out or follow the unsubscribe process at the bottom of the promotional email or send us an email at [email protected] Please note, even if you opt-out, you may still receive transactional emails from us (e.g., emails related to the completion of your registration, correction of user data, password reset requests, reminder emails that you have requested, and any other similar communications essential to your use of the Services) which may be necessary for us to continue to provide you with Services or respond to your enquiries.

We do not control third parties’ collection or use of your information to serve interest-based ads. However, you can opt-out of receiving interest-based ads from third party advertisers and ad networks who are members of the NAI or who follow the DAA’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages of the NAI and DAA websites. If you opt-out, you may still see contextual advertising from us, meaning you may still see personalized recommendations about our products and services and other similar features on this Website. You may also still see ads provided by us or others on other third-party websites; they just will not be based on your particular interests.

Also note, your opt-out will be managed through the use of cookies, so if you delete these cookies or use a different browser or computer, you will have to make this same election again.

Report a Breach of the practices on detailed on this Privacy Policy

If you have received unwanted, unsolicited email sent by KPA or from any KPA system or purporting to be sent via KPA, please forward a copy of that email with your comments to [email protected] for review.

If you have questions or complaints regarding our Privacy Policy or practices, please contact us at [email protected] with “Privacy Enquiry” in the subject line and provide detail on your question or complaint so that we may adequately respond. Questions or comments regarding this Policy should be submitted to KPA by mail or email as follows:

KPA Corporate Office
ATTN: Privacy Inquiry
1380 Forest Park Circle
Lafayette, CO 80026
Phone: 866-356-1735
United States
[email protected]

Updates

Any updates or changes to our Privacy Policy will be posted to this Privacy Policy link and other places we deem appropriate, so you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you via the Services, by email, or by means of a notice on our home page.

Dispute Resolution and Agreement to Arbitrate

Except where and to the extent prohibited by law, by using the Services, you and KPA agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

• KPA, at 1380 Forest Park Circle, Lafayette, CO 80026 or

• You, at the address we have on file for you.

Both you and KPA agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and KPA would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to the American Arbitration Association (www.adr.org) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Policy, including any claim that all or any part of this Policy is void or voidable.

OTHER ARBITRATION AGREEMENTS

In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and KPA (Other Arbitration Agreement), such as an arbitration agreement contained in a contract about and related to Services with KPA, the terms of the Other Arbitration Agreement shall govern and prevail in each instance.

CHOICE OF LAW

Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of Colorado and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Cookie and Automated Technology Notice

Technologies such as: cookies, beacons, tags, and scripts are used by us and our tracking utility partners. These technologies are used in analyzing trends, administering the Website, tracking users’ movements around the Website and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

KPA utilizes Cookie technology on our Websites for purposes of traffic analysis such as the time/date of the visit, the time/date of last visit, the page viewed, the referring Website, and other data. KPA also tracks click behavior in the emails it sends out. This data is used to update specific user-profile information, ascertain the areas of most interest to opt-in email recipients, and to personalize email messages to them.

A “cookie” is a small text file that is stored on a user’s computer and downloaded to your computer or mobile device when you visit a website. Cookies then send information back to the originating website on each subsequent visit, or to another website that recognizes that same cookie. Cookies are useful because they allow a website to recognize a user’s device.

Cookies perform many different jobs, like allowing you to navigate between pages efficiently, remembering your preferences, and generally improving a user’s experience on a website. They can also help to ensure that the advertisements you see online are more relevant to you and your interests.  We use different types of cookies on our website, as explained below.

Required Cookies

These cookies are necessary for our Website to function properly and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of our Website will work if you block these cookies. These cookies do not store any information that identifies you directly.

Functional Cookies

Functional cookies allow us to count visits and sources of traffic on our Website so we can measure and improve the performance of our Website. They help us to know which pages of our Website are the most and least popular and see how visitors move around our Website. The information collected by these cookies is used to create aggregated, anonymous analytics reports. If you do not allow these cookies we will not know when you have visited our Website and will not be able to monitor its performance.

Advertising Cookies

Advertising cookies may be set through our Website by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other Websites.

These cookies do not store directly identifiable personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising, but you will not stop receiving general advertising.

Social Media Cookies

These cookies are used to allow you to share information using a social media sharing button (such as the Facebook “Like”) or where you choose to link your account with us to your social media networking site such as Pinterest.  The social media site will record that you have linked your social media account to your account with us.  This information may then be used by the social media network to deliver targeted advertising to you.

Notice at Collection of Personal Information

KPA, LLC (“KPA” “we,” “us,” or “our”) respects the privacy of the information our customers entrust to us.  We do not and will not sell your personal information.  For more information regarding KPA’s privacy practices and your rights under the California Consumer Privacy Act

Identifiers, such as:

Name, address, email address, IP address, identification numbers (e.g., social security number, driver’s license number, state identification number, military identification number or passport number).  

To help communicate with you regarding our products and services; to help respond to your requests and inquiries; to facilitate use and implementation of our products and services; to further develop and improve our products and services; to advertise and market to you; to complete predictive analytics and data mining

Characteristics of protected classifications under California or federal law, such as:

Gender, date of birth. 

To facilitate use and implementation of our products and services; to further develop and improve our products and services; to complete predictive analytics and data mining

Internet or other electronic network activity information, such as:

IP address, browsing history, search history

To help communicate with you regarding our products and services; to help respond to your requests and inquiries; to facilitate use and implementation of our products and services; to further develop and improve our products and services; to advertise and market to you; to complete predictive analytics and data mining

Professional or employment related information, such as:

Information about current and previous occupation(s); prior accident history          

To facilitate use and implementation of our products and services; to further develop and improve our products and services; to complete predictive analytics and data mining

Education information, such as:

Information about place and level of schooling.        

To facilitate use and implementation of our products and services; to further develop and improve our products and services; to complete predictive analytics and data mining


 

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