kapaaku.com Privacy Policy

Welcome to kapaaku.com (the "Site"). We respect your privacy and are committed to protecting your personal data. This Privacy Policy explains how we collect, use, store, and share your personal information when you visit or make a purchase from kapaaku.com, in compliance with the Ecuadorian Organic Law on the Protection of Personal Data (LOPDP) and other applicable international privacy regulations. Our storefront is operated in partnership with Fourthwall, Inc., which acts as our Merchant of Record and Data Processor. This means Fourthwall handles the payment processing, manufacturing, and fulfillment of your orders.

1. Identity and Contact Details of the Data Controller

For the purposes of the LOPDP, the Data Controller for the personal data collected on this Site is: Frank Nicholas Coutavas Jr. Legal Domicile: S/N, Calle 24 de mayo, Tarqui, Pastaza, Ecuador. Email Address: privacy@kapaaku.com. Telephone Number: +593 99 943 9364.

2. Information We Collect

We collect personal data directly from you, automatically through your use of the Site, and from our partner, Fourthwall. This information is incorporated into and stored in a database under our responsibility. The types of personal data we process include:

• Identifying and Contact Data: Name, email address, shipping address, billing address, and phone number provided during checkout)
• Order Information: Details about the products you purchase, order history, and fulfillment status
• Browsing and Technical Data: IP address, browser type, device information, and information about how you interact with our Site. Note: We do not collect or store your full credit card or payment details; these are securely processed by Fourthwall and their payment gateways.

3. Purposes and Legal Basis of Processing

We process your personal data for the following specific and legitimate purposes, based on the corresponding legal grounds:

• To Process and Fulfill Your Orders: To communicate with you about your order, arrange for shipping, and provide customer support. Legal Basis: Execution of pre-contractual measures and fulfillment of contractual obligations.
• Ensure the Site Functions Securely and Correctly: To provide essential website functionality, such as maintaining your shopping cart, processing checkout securely, and preventing fraud. Legal Basis: Execution of pre-contractual measures and fulfillment of contractual obligations.
• To Analyze Visitor Behavior and Improve Our Site: To use analytics tools (such as cookies) to understand how you interact with our storefront so we can improve our offerings. Legal Basis: Your explicit consent. You may revoke this consent at any time by updating your cookie preferences.
• For Marketing and Promotions: To send you newsletters, updates, and promotional offers (only if you have opted in). Legal Basis: Your explicit consent. You may revoke this consent at any time.
• To Comply with Legal Obligations: To maintain financial records and respond to lawful requests from public authorities. Legal Basis: Compliance with a legal obligation.

4. Recipients and Service Providers (Data Processors)

To operate our store and fulfill your orders, we utilize trusted third-party service providers who process your data strictly on our behalf. Under Ecuadorian law, the transmission of data to a designated Data Processor is considered an assignment of processing and does not constitute an international data transfer.

• Recipients: Our primary processor is Fourthwall, Inc., which acts as our e-commerce host and Merchant of Record.
• We also utilize secure email marketing and analytics providers.
• Data Location and Safeguards: While this is not legally classified as an international transfer, we transparently inform you that Fourthwall and our other processors store data on secure servers located outside of Ecuador (primarily in the United States). We ensure all of our processors are bound by strict, written Data Processing Agreements to guarantee your information is handled with the highest security standards required by the LOPDP.

5. Data Retention Time

Your personal data will be kept in our databases only for the time strictly necessary to fulfill the purposes for which it was collected. For example, order and transaction records are retained for up to 7 years to comply with tax and accounting obligations, while marketing preferences are retained until you opt out. Once no legal obligation requires its retention, your data will be securely eliminated.

6. Consequences of Not Providing Data and Inaccurate Data

Providing your personal data is voluntary. However, if you refuse to provide the data required at checkout, we and Fourthwall will be unable to process your payment or ship your order. Furthermore, if you provide erroneous or inaccurate data (such as a wrong shipping address or email), it may result in failed deliveries or an inability to receive order updates, for which we cannot be held liable.

7. Automated Decisions and Profiling

We do not use your data to make decisions based solely on automated processing that produce legal effects concerning you or that similarly significantly affect your fundamental rights. However, we do use automated tools, including cookies from third parties, for profiling purposes. This means we analyze your browsing behavior and preferences on our Site to understand our audience and improve our storefront. You have the right to object to the processing of your data for profiling at any time.

8. Security Measures

We have implemented appropriate technical, physical, legal, and organizational security measures to protect your personal data against unauthorized access, loss, alteration, or destruction. To ensure the safety and integrity of your information, we utilize secure cloud service providers (acting strictly as our Data Processors) to store our internal administrative and customer support records.

9. Children's Privacy

Our Site is not directed to children. We do not knowingly collect personal data from individuals under the age of 16. If we become aware that we have collected personal data from a child under 16 without verifiable parental consent, we will take steps to delete that information promptly.

10. Your Rights as a Data Subject

Under the LOPDP and other applicable laws, you have the following rights regarding your personal data:

• Right of Access: To know what personal data we have about you and obtain a copy.
• Right of Rectification and Updating: To correct inaccurate or incomplete data.
• Right of Elimination and Annulment (Erasure): To request the deletion or annulment of your data when it is no longer necessary for the purposes collected, or if you revoke your consent.
• Right of Opposition: To object to the processing of your data, especially for direct marketing.
• Right to Portability: To receive your data in a structured, commonly used, and machine-readable format.
• Right to Suspension of Processing: To request we temporarily halt processing your data under specific circumstances (e.g., while verifying its accuracy).
• Right not to be subject to automated decisions: To request human intervention or an explanation regarding automated decisions.
• How to Exercise Your Rights: We will respond to your request within 15 days. If we are unable to fulfill your request, you have the right to appeal our decision by contacting us at privacy@kapaaku.com. If you are not satisfied with our response, you may also contact the SPDP in Ecuador or your local state Attorney General in the U.S.

11. Right to Complain to the Authority

If you believe that your rights regarding the protection of your personal data have been violated, you have the right to file a claim with the competent supervisory authority in Ecuador, the Superintendencia de Protección de Datos Personales (SPDP).

12. U.S. State Privacy Rights

If you are a resident of certain U.S. states (including California, Colorado, Connecticut, Virginia, Texas, Oregon, and Delaware), you may have additional rights regarding your personal information:

• Targeted Advertising / "Sale or Sharing": We do not sell your personal data for money. However, our use of third-party cookies (like Google or Meta) for analytics and targeted advertising may be considered "sharing" or a "sale" under some U.S. state laws. You have the right to opt out of this by clicking "Reject Non-Essential" on our cookie banner or utilizing Global Privacy Control (GPC) signals in your browser.
• Additional Rights: Depending on your state, you may request access, correction, deletion, or portability of your data, and you will not be discriminated against for exercising these rights. To submit a request or appeal a decision regarding your data, please contact us at privacy@kapaaku.com.

13. Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our practices, technology, or legal requirements. We will notify you of any significant changes by posting the new policy on this page and updating the "Last Updated" date.