Privacy Policy

Effective Date From 15 Sep 2022

www.kulaworldwide.com (the “Website”) is owned and operated by Kula Worldwide, its subsidiaries, and affiliates (“Kula,” “us,” “we,” and “our”). This privacy policy (the “Privacy Policy”) explains the Website’s information gathering, use, and sharing practices, including what information is collected, how that information is acquired, maintained, stored, shared, and or used, and how you may access and update certain information you have provided to us. This Privacy Policy is independent of our offline personal data collection practices. This Privacy Policy will explain how we protect your information and what choices you have about how it is stored or used.

For some features and services available on the Website, we either collect and transfer personal information to a third-party service provider or use a third-party service provider to collect information for us.

In some cases, you also may elect to visit third-party websites through links on our Website, whereby those websites may collect and use your personal and other non-personal information. We encourage you to review each third-party’s policy before disclosing your personal information. We do not have control over and are not liable for their privacy practices.

Information Collection. How do we collect information from you.

Information You Provide when:

• You Send Email Communications: When you contact us via email, the email address you use to communicate with us will be subject to this Privacy Policy. We may collect, store and use the email address you used to communicate with us to inform you about our products and services, unless you opt-out of receiving such communications, to answer questions, resolve concerns or send you other information related to our Website and our services. We may also share your email address with our third-party service providers, subsidiaries, or any other affiliated company. The contents of your email communications with us including any information resumes, ideas, concepts, or inventions, will not be considered confidential nor shall it be subject to this Privacy Policy. We may keep a record of your communications with us and use the contents of those communications for any purpose.
• You Sign Up for Newsletters, Create an Account, or Registration: To use certain features of the Website, you may be required to provide information such as your name, username, password, email address, mailing address, zip code, telephone number, date of birth, financial information, age verification and/or country of residence (collectively, the “Personal Information”)
• Surveys: We use third-party services to help operate some of the services and other features offered on the Website such as customer surveys. We receive all Personal Information you provide when participating in any of these services or features, as well as other non-personal information collected by our third-party service providers by your use or access of these features.

Information We Collect When You Interact With the Website:

• Derivative Data: When you access and use the Website, we may automatically receive and record information created by your interaction with it. Derivative Data may include information such as your IP address, operating system, referring web page, location, mobile carrier, device, search terms, and cookie information (collectively, the “Derivative Data”). We use your Derivative Data to help administer our Website, help diagnose problems and improve our Website and your personal interactive experience with our Website.
• Geo-Location Information: We may request access or permission to utilize track location-based information from your mobile device, either continuously or while you are using the Website, to provide location-based services. If you wish to change our access or permission, you may do so in your device’s settings.
• Mobile Device Access: We may request access or permission to certain features from your mobile device, including your mobile device’s camera, music library, and other features. If you wish to change our access or permission, you may do so in your device’s settings.
• Push Notifications: We may request to send you to push notifications regarding your account or the Website. If you wish to change our access or permission, you may do so in your device’s settings.

Use of Information. How do we use the information we collect from you?

In addition to any other uses stated in this Privacy Policy, the Personal Information, Analytics Information or Derivative Data (collectively, the “Information”) may be used to relay information, news other updates, to contact or market to you, deliver purchases and to improve our products and services. We may use the Information to analyze how you interact with our Website, to monitor aggregate usage by our users, and Website traffic routine(s) on our Website. By redirecting clicks or through other means, we may also keep track of how you interact with links across our Website and services, including email notifications, third-party services, and client applications. This enables us to share aggregate click statistics such as how many times a particular link was clicked on. We use the Information to help diagnose problems with our Website so we may improve your personal experience while interacting with it. We may also receive information about you from our corporate affiliates in order to help provide, understand, and improve our Website and services and our affiliates’ services. We do all of this so that we may improve how we administer our Website and Services.

Information Sharing and Disclosure.

• Sale or Transfer: We will not sell or otherwise transfer all Information collected to third parties without first providing any further notice or compensation to you.
• Third Parties, Subsidiaries, and Affiliates: We may share your Information with our affiliates, sponsors, licensees, designees, assigns, or successors, including third-party vendors such as payment processors, in order to assist us in managing or providing products and services or to assist us with the administration of the Website. By using this Website, you are explicitly consenting to and authorizing such third parties to have the right to acquire, maintain, store, use, and process your Information on the same Terms set forth herein and on their servers. By using this Website you are also consenting that we may share your Information with third parties, including for (i) payment processing and authorization; (ii) fraud protection; (iii) products and services customization; (iv) order fulfillment; (v) shipping; (vi) distributing marketing and promotional material; (vii) Website evaluation; (viii) data collection, storage, management, and analysis; (ix) internet-based, targeted and/or online behavioral advertising; or (ix) any other services designed to assist us in maximizing our business potential and profits and for any other legitimate business purpose. We may provide our analysis and certain non-personally identifiable information to potential partners, advertisers other third parties.
• Third-Party Service Providers: We engage service providers to perform functions and provide us with services. We may share your Information with such service providers subject to confidentiality obligations consistent with this Privacy Policy, and on the condition that the third parties use your Information only on our behalf and pursuant to our instructions. These third parties include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of our Website and Services. On our behalf, these third parties may send you newsletters or special promotions, or emails for purposes such as conducting marketing research, conducting surveys, sweepstakes, contests, collecting registration information, or providing other services. Access to your Information by these third parties is limited to the information reasonably necessary for them to perform their service(s) to us. Certain content, products, and services offered to you through our Website are operated and served by third parties other than us, such as our ticket purchase service. If you purchase services or products through one of these third-party websites, you will be purchasing it from a third party and not from us. Further, you should be aware that any information you disclose once you access these other Apps is not subject to this Privacy Policy. Therefore, you should review the privacy policy posted on third-party websites to understand how the third party collects and uses your information.
• Sale or Transfer of the Business: In the event that Kula is involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Policy will apply to your information if and when it is transferred to the new entity.
• Law and Harm: We may preserve or disclose your Information without your consent if we believe that it is reasonably necessary to comply with a law, regulation, or a legal request such as a court order or subpoena, or to protect the safety of any person, our rights or property, or the rights or property of any third-party. Further, your Information may be disclosed (i) to enforce compliance with or to investigate potential violations of this Privacy Policy; (ii) to detect, prevent or otherwise address fraud; (iii) to detect potential or actual security breaches; or (iv) to enhance security or to address technical issues relative to either the use of the Website or the attendance of our event.
• Unintentional Disclosure: We employ commercially reasonable security measures to protect against the loss or misuse of your Personal Information in electronic form that is under our control. However, we cannot guarantee that any of the Personal Information that you disclose or transmit through the use of the Website will be secure from breaches, software malfunctions, or other acts outside of our control. Ultra, and our respective affiliates, successors, subsidiaries, assigns, agents, designees, licensees, or sponsors (collectively, the “Indemnitees”) shall not be liable for any unauthorized access to your Personal Information.

All Information Collected is Our Asset.

Any and all Information provided by you or collected by us in connection with your use of the Website shall be deemed an asset of Kula’s and shall be deemed part of our business records.

Foreign Users. Your information is being transferred to India.

If you are outside India, by using the Website, you are consenting to have your Personal Information transferred to the State of India.

You Consent to the Collection of Your Information.

By, and in exchange for, using the Website, you acknowledge that you have read, agree to, and are accepting the terms and conditions set forth herein, and that you knowingly, voluntarily, and unconditionally consent to the collection, use, and processing of your Information by us and our respective designees, agents, successors, assigns, affiliates, licensees, subsidiaries or sponsors in any lawful manner, and for any lawful purpose whatsoever. You further agree that we shall forever have the right to use the Information provided hereunder and may, at any time, in our sole and absolute discretion, assign, sell, license, and or otherwise transfer the Information to any third party without obtaining additional consent or providing notice or additional consideration to you.

Our Policy Towards Children. If you are under the age of 13, please do not use our Website.

The Website and any of the information or Services found on the Website are not targeted or directed to children under the age of 12. Further, we do not knowingly collect personally identifiable information from children under the age of 13. If you become aware that your child has provided us with personally identifiable information without your consent and or is under the age of 12, please contact us at tribe@kulaworldwide.com If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 12, we will immediately take commercially reasonable efforts to delete such information from our records.

Your Privacy Choices.

You may opt out of receiving email communications and other marketing materials from us (or any third-party email marketing service we may use) via links provided in each email or on the Subscription Confirmation Page. You may also contact us at tribe@kulaworldwide.com if you wish to opt out of receiving such email communications.

Updating or Accessing Your Personal Information.

With some limited exceptions, you have the right to access and update personal information held about you. If you want to inquire about any personal information we may have about you, you can do so by sending us a written request by letter or email to the address set out below. Please be sure to include your full name, address, and telephone number and a copy of a document evidencing your identity (such as an ID card or passport) so we can ascertain your identity and whether we have any personal information regarding you, or in case we need to contact you to obtain any additional information we may require to make that determination. Where you make more than one request in quick succession, we may respond to your subsequent request by referring to our earlier response and only identifying any items that have changed materially.

You may request that we correct, delete, and or stop or restrict processing or using personal information that we hold about you by sending a letter or email to tribe@kulaworldwide.com. If we agree that the personal information is incorrect, or that the processing should be stopped, we will delete or correct the personal information. If we do not agree that the personal information is incorrect we will tell you that we do not agree, explain our refusal to you, and record the fact that you consider that personal information to be incorrect in the relevant file.

Legal Basis for Collecting and Processing Data.

As part of our GDPR compliance program, we are required to provide EEU Data Subjects with information about why we collect and process their Personal and Sensitive data. We collect and use your Personal Information for a range of different business purposes and according to different Legal Basis of processing. The following is a detail of how and according to which Legal Basis we use your Personal Information.

1. Processing necessary to fulfill registration requests and provision of services

We use your Personal Information to fulfill sales and provide you with our Services. This includes the following:

• To manage your registration at our events. This helps us identify you as a registered attendant, and offers you access to different functionalities, and a better experience.
• To complete business transactions and fulfill orders (online or in our store). This involves sending your Personal Information to our partners for shipping and tracking your purchases.
• To process payments. We do not store or capture any credit card information. This information is collected directly by our payment processing partners. Since this information is collected from our site and from you, our customer, we would like to inform you about its collection.
• To update you with order status, shipping, and tracking information.
• To provide you with the best quality of customer service via our chat, email, and phone lines.
• To provide you with important information about events you have registered for or purchased tickets to, including any updates or event notices.
• To ask you to review your experience and review us as a company.
• To detect, prevent, mitigate and investigate fraud, or other criminal or potentially prohibited activities.

2. Processing necessary for us to comply with our legal obligations:

We may use your Personal Information to comply with our local laws and regulations, this includes:

• To comply with all relevant tax and financial requirements.
• To deal with requests from you to exercise your Data Subject access rights.
• To process information regarding a crime or offense and support associated proceedings.
• To monitor activities and safeguard your welfare at our events.
• To protect you, ourselves, and our employees through appropriate legal action against third parties who have committed a criminal act or are in breach of their legal obligations.

3. Processing based on our Legitimate Interests:

We may use your personal data to pursue our Legitimate Interests where your rights and freedoms do not outweigh those interests. We have implemented controls to balance our interests with your rights. Our use of your Personal Data for our Legitimate Interest includes:

• Improving our services; for example, reviewing information associated with nonfunctioning pages or links, so we can fix them and give you a frustration-free experience on our website.
• Personalizing, measuring, and improving our advertising based on your activities on our website.
• Contacting you through email, push notifications on your browser and mobile app, and by SMS/text message to offer you information about our events and services.
• Measuring the performance of our marketing campaigns; for example, analyzing the open and click rates of an email campaign.
• To improve the content on our website. For example, we may use cookies to find out which parts of our site or our products are visited most often.
• Contacting you regarding updates or informative communications related to the functionalities, products, or contracted services, including website or application security updates, when necessary or reasonable for their implementation.
• To respond to your posts, and comments and provide customer service on our website and other social media platforms including but not limited to Twitter, Facebook, and Instagram.
• To provide customer service to you via chat and email.
• Measuring the performance of our Customer Service associates.
• To verify event and customer experience reviews to provide a truthful assessment of our services and merchandise.
• For the internal management and audit of business operations and financials.

4. Processing based on Consent

With your consent, we may use your Personal Information to:

• Provide you with notifications via email, SMS, Text message, and push notifications on your browser and through our mobile application.
• Provide you with targeted advertisements from other parties while you are experiencing our website.
• Provide you with targeted advertisements on third-party websites including our advertisements and those of third parties

How and when you can withdraw consent.

Data subjects who are residents and nationals of the EEU region are covered by GDPR and can withdraw your consent from Ultra at any time, for specific data processing that is based on your consent. For email marketing and communications, please visit our email preferences page. You can also unsubscribe using the links at the bottom of any of our emails to you. If you do not wish to participate in our advertising personalization programs, you can opt-out by unchecking the appropriate cookies. We do not allow third-parties to track or collect your Personal Information on our sites for their own advertising purposes without your consent. Please note that you can disable all cookies from your browser settings. However, our websites require cookies to function, and disabling all cookies will limit the functionality of the site, including actions like adding products to a cart.

Under the GDPR, residents and nationals of the EEU have the following data rights:

Right to be informed: You have a right to know how and what personal data we collect from you and what we use it for. In this policy, you will find that information.

• Right to request access: You have the right to request access to the personal data held about you, to obtain confirmation that it is being processed, and to obtain certain prescribed information about how we process it.
• Right to object applies to the processing of your personal data where it is based on Legitimate Interests and where your data is processed for direct marketing or processed for the purposes of collating statistical information.
• Right to restrict processing or ‘block’ the use of your personal data, for instance where you believe your personal data is not accurate (until the accuracy can be verified).
• Right to Erasure: The right to have your personal data erased, also known as the “right to be forgotten” enables you to request the deletion or removal of personal data where there is no compelling reason for its continued use. Requests for erasure may be refused in some circumstances such as where the personal data must be retained to comply with a legal obligation or to exercise or defend legal claims.
• Right to rectification: You have the right to request to have your personal data corrected if it is inaccurate and to have incomplete personal data completed in certain circumstances.
• The right to data portability allows you to obtain and reuse your personal data for your own purposes across different services; to move copies or transfer your personal data easily from one environment to another in a safe and secure way without hindrance to usability.

You may exercise your rights in relation to automated decision-making in circumstances that have a legal effect or otherwise significantly affects you. This right allows individuals in certain circumstances to access certain safeguards against the risk that a potentially damaging decision is taken solely without human intervention. In specific instances, you have the right to request human intervention and an explanation of the automated decision and you may be able to challenge that decision.

If you are a resident or national of the European Economic Area (EEA) and would like to exercise your individual data subject access rights, please contact our Compliance team using the email below.

At this time only customers assessing our website from EEU regions can withdraw consent.

You can also contact us directly at tribe@kulaworldwide.com should you have a question or need more information.

Changes to This Policy.

We may revise this Privacy Policy from time to time, without advance notice to you. The most current version of our Privacy Policy will be posted on this Website. If we make changes to the Privacy Policy that we determine, in our sole discretion, are material, we will notify you either via email (if one has been provided) or by posting a notification on the Website. Once posted, the changes to the Policy will be effective immediately. By continuing to access or use the Website after changes have become effective, you agree to be bound by the terms of the revised Privacy Policy. If you do not agree with our Privacy Policy, please do cease your use of the Website.

Personal Jurisdiction, Forum Selection, and Legal Compliance

You acknowledge and agree that we make no representation that the Website is governed by or operated in accordance with the laws of other nations, or that the Website (or any portion thereof) is appropriate or available for use in any particular jurisdiction. Visitors who elect to access the Website, acknowledge and agree that they do so on their sole initiative and at their sole risk, and are solely responsible for complying with all local laws, rules, and regulations. By using this Website, visitors from outside of India acknowledge this Website is subject to the laws and regulations of India and waive any claims that may arise under other laws. This Privacy Policy shall be governed solely by, and construed in accordance with Indian law, notwithstanding conflict of laws provisions. Any disputes arising under this Privacy Policy shall be subject to the exclusive jurisdiction of the state and federal courts of the city of Mumbai, and by using the Website, you hereby submit to the personal jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

Contacting Us

If you have any questions or comments about this Privacy Policy, please email tribe@kulaworldwide.com.