OUR COMMITMENT TO PRIVACY. Kwik Stop is committed to respecting the privacy of its customers and users. We are providing this Policy to you so you know the types of information we collect and how that information is collected, used, transmitted, stored and shared.
ACCEPTANCE OF TERMS. This Policy is a legally binding agreement between you and Kwik Stop. By using any part our sites and services, which is intentionally defined broadly, you agree to be legally bound by all of the terms and conditions of this Policy. If you have questions regarding this Policy, please contact Kwik Stop.
BY USING AND ACCESSING ANY PART OF OUR SITES AND SERVICES, YOU UNCONDITIONALLY AND EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 13 YEARS OF AGE; (B) HAVE READ AND UNDERSTAND THE TERMS OF THIS POLICY; (C) UNDERSTAND THAT YOU ARE BOUND BY THE TERMS OF THIS POLICY; (D) WILL COMPLY WITH THE TERMS OF THIS POLICY AND ANY APPLICABLE LAWS AND REGULATIONS; AND (E) YOU WILL NOT CONTEST THE APPLICABILITY OR ENFORCEABILITY OF THIS POLICY.
UPDATING TERMS. Kwik Stop reserves the right, at its discretion, to change, delete, and update this Policy and any other policies that govern or relate to the Sites and Services, at any time, for any reason, and in Kwik Stop’s sole discretion. Kwik Stop also reserves the right to discontinue any Sites and Services, and/or to terminate your access to or use of the Sites and Services. It is your responsibility to periodically review this Policy for changes. Any amendments and modifications by Kwik Stop to this Policy will be prospective, and unless otherwise provided in this Policy, will be effective upon being posted on one or more of the Sites and Services. This Policy may be accessed from the link at the bottom of each web page accessible at www.gokwikstop.com and through Kwik Stop’s mobile app. Your access and/or use of any of the Sites and Services after terms of this Policy are amended or updated shall be deemed acceptance of all such changes.
Please contact us at any time with any questions or concerns about this Policy, or to exercise any of your rights under this Policy or applicable law.
1. PROTECTING YOUR PRIVACY GENERALLY. We take measures to monitor and update our privacy and data collection and storage policies and procedures to consistently meet or exceed industry security standards.
a. USA. Kwik Stop’s servers are located in the United States. Any information collected through the Sites and Services is stored and processed in the United States. If you use our Sites and Services or otherwise provide us with information from outside of the United States, you understand that your data will be transferred to, processed and stored in the United States.
b. Industry-Standard Protection. We utilize industry-standard security measures to safeguard the information we collect, maintain and use. These measures include technical and procedural steps to protect your data from misuse, unauthorized access or disclosure, loss, alteration or destruction. However, Kwik Stop does not guarantee the performance or adequacy of such security measures and makes no representations or warranties to you regarding the security of the Sites and Services or your information.
c. Your Responsibilities. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites and Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We also urge you to use anti-virus software and other available security technology when using the Sites and Services. Unfortunately, the transmission of information via the internet is not completely secure. Although we take reasonable steps to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through our Sites and Services. Your use of the Sites and Services is at your own risk. Any transmission of personal information is at your own risk.
d. Limitation on Access. Access to any personal information we collect and store is generally restricted to those employees and/or contractors who require it to perform a job or other function. We require vendors and contractors we work with to use reasonable, industry standard protocols to maintain the confidentiality, security, and integrity of information.
e. Children. We do not intentionally collect any personal information from children under the age of thirteen (13). If you are under 13, please do not use our website or provide personal information to us. If you wish to provide information to us and are under thirteen (13) years old, we first need verifiable parental consent. If we discover any personal information of children under thirteen has been collected without verifiable parental consent, we will immediately delete the information.
2. WHY WE COLLECT AND HOW WE USE PERSONAL INFORMATION. We collect, share and use information from and about the users and visitors of the Sites and Services to manage relationships, comply with legal obligations and/or because we have a legitimate business interest to do so. We collect, share and use such information to: (a) provide the Sites and Services and support and enhance any functions, operations or offerings therein; (b) fulfill orders or other requests; (c) provide location services; (d) provide advertising, discounts and promotions and enhance and target our advertising; (e) operate and promote loyalty and related programs, including but not limited to Kwik Stop Rewards, coupons, contests and sweepstakes; (f) provide information about Kwik Stop and its products and services; (g) provide information about data security and privacy; (h) learn more about our user's and customer's preferences; (i) enhance, personalize and support your experience with the Sites and Services; (j) enhance and develop our products, offerings, marketing efforts and the Sites and Services themselves; (k) communicate with you; (l) analyze the traffic to and other metrics of the Sites and Services; (m) prevent fraudulent transactions and monitor against theft; and (n) assist law enforcement and respond to legal and regulatory inquiries.
We may provide you the opportunity to consent to receive commercial email and mobile marketing messages from us related to our products, Sites or Services, or other information we believe you may be interested in receiving when you seek information from us. You can follow the Unsubscribe link at the end of any Kwik Stop marketing email to opt-out of Kwik Stop’s email program.
3. COLLECTION OF INFORMATION. We collect and process the following information about you:
a. Information You Provide. You provide information to us when you affirmatively provide it to us or give us access to it. You provide information each time you:
- Sign up for and/or use a Kwik Stop’s account;
- Sign up to receive our emails;
- Sign up to receive text messages;
- Sign up to receive coupons or other promotions;
- Download and use Kwik Stop’s mobile app;
- Allow push notifications in Kwik Stop’s mobile app;
- Apply, sign up for and/or use a Kwik Stop’s fuel card or credit card;
- "Like," "follow," join or use any of our social media sites or groups;
- Participate in and/or use Kwik Stop’s loyalty program, Kwik Stop Rewards;
- Communicate with us or post in any way on or through the Sites and Services;
- Provide comments, suggestions, or other input through the Sites and Services;
- Order or purchase Kwik Stop’s products or offerings online, through our mobile app or in our stores;
- Conduct a transaction that requires us to collect such information;
- Enter contests or sweepstakes;
- Request a donation from Kwik Stop;
- Submit a job application information or apply for employment with Kwik Stop;
- And/or you submit any other material or information to us.
- The type of information may include, but is not limited to:
- Contact information (name, company name, title, address, telephone, mobile number, email address);
- Payment card information;
- Shipping information;
- Order information;
- Inquiry information;
- Account settings or preferences;
- Date of birth;
- Other demographic information;
- Order history;
- Employment history (for job applicants);
- Social media information;
- Communications to and from you.
b. Information We Automatically Collect From You. Each time you visit or use the Sites and Services, we may automatically collect the following information:
- Technical information, including the Internet protocol (IP) address used to connect your computer or device to the internet, browser type and version, location information, time zone setting, browser plug-in types and versions, operating system and platform and other device information;
- Information about your store or electronic visit, including the full uniform resource locators (URL) clickstream to, through and from our site (including date and time), pages you looked at or searched for, and the products and services you have viewed, ordered or searched including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call us.
Kwik Stop records and compiles aggregate demographic data related to our users in order to manage the Sites and Services. Kwik Stop collects and analyses data about the use of the Sites and Services to improve service, to improve user experience and as otherwise set forth in this Policy. As set forth in the section on cookies below, Kwik Stop also uses externally hosted services (e.g. Google Analytics) to collect data.
c. Information We Collect From Third-Party Processors or Vendors. We utilize third-party software and vendors to provide support to the Sites and Services and to provide certain information about you. We also utilize a third-party company to securely process payments through the Sites and Services; you affirmatively provide the payment information, but our vendor processes the payment information. We use this information to process orders, improve our sales process and communications with our current and prospective customers and employees. We also use this information to improve your experience on the Sites and Services and as otherwise set forth in this Policy.
4. COOKIES. We use "cookies," a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts, pixels) to help provide you a better, more personalized user experience. These technologies are used to make the user experience more user friendly, remember your preferences (e.g., browsing language, usage preferences), help us understand and improve how visitors use our Site(s), including which of our pages and products are viewed most frequently; and/or improve our communications and experience for you.
Some third parties may also collect data from you through cookies and other related technologies (as mentioned above) on or through the Sites and Services. The use of third-party cookies and other related technology is not covered by this Policy, as we do not have access or control over these cookies.
Although not all cookies and similar technologies that we use are required for you to use the Sites and Services, disabling these technologies all together could prevent the Sites and Services from working properly and disable features that allow you to take full advantage of the services we offer.
5. CONTACT FORM. Kwik Stop does not require all users of the Sites and Services to register with or provide information to Kwik Stop to view the Sites and Services or send an inquiry to Kwik Stop. Certain information contained on the Sites and Services is available without supplying personal information. However, you must provide certain information to create a Kwik Stop account, download and use the Kwik Stop app, purchase products or other offerings, participate in a loyalty program, receive certain communications or use certain other aspects of the Sites and Services. In the event you affirmatively act to provide your information to Kwik Stop, to contact Kwik Stop, to request information via the Sites and Services, email, or in person, purchase products or other offerings, or otherwise use the Sites and Services, you agree to the terms of this Policy with respect to the collection and use of your contact, personal and other information for Kwik Stop’s legitimate business interests and as set forth herein.
7. WHAT HAPPENS IF YOU DON'T PROVIDE YOUR PERSONAL INFORMATION? If you choose to limit the information you provide to us (or, in some circumstances, provide no personal information at all), then we may be unable to provide you with the products, services or information you have expressed an interest in, or which we can provide to you. We may also be unable to provide you with access to some or all of the Sites and Services (or their functionality).
8. SHARING INFORMATION. Except as otherwise set forth herein, Kwik Stop does not sell, rent, or otherwise provide personal information you provide through the Sites and Services or otherwise to outside marketers without prior consent. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Kwik Stop to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our Terms and Conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
9. RETAINING YOUR PERSONAL INFORMATION. We will take steps to ensure that the personal information that we hold about you is retained for only as long as it is necessary for the purpose for which it was collected. We apply criteria to determine the appropriate retention period for different categories of personal information that we hold about you. After this period it will be deleted to the extent reasonably possible, and in compliance with our data retention policies.
10. SOCIAL MEDIA AND OTHER WEBSITES YOU VISIT. This Policy only applies to the Sites and Services and does not apply to the following:
- Any social media posts or comments that you make which are about us, or addressed to us on social media platforms or websites (for example, Facebok and Instagram). Any such posts or comments will be shared by you under the terms of the relevant social media platform or website on which they are published.
- Links contained on the Sites and Services, including links to any advertisers or other third-parties.
We recommend that you review the terms and conditions and privacy policies of the relevant social media platforms and other websites or apps you visit, to understand how they use your information.
11. DO NOT TRACK. Some internet browsers incorporate a "Do Not Track" feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the "Do Not Track" signal, the Sites and Services do not currently interpret, respond to or alter its practices when it receives "Do Not Track" signals.
12. NOTICE TO UTAH RESIDENTS. We do not disclose a user's personal data to any third-party for such third-party's direct marketing purposes.
13. YOUR RIGHTS IF YOU ARE A CALIFORNIA RESIDENT. Except as expressly set forth in this Policy, we do not disclose personal information to any third-party for such third-party's direct marketing purposes. Effective on January 1, 2020, all California residents have the following rights with regard to their personal data:
- Right #1: The right to know what personal information we collect about you.
- Right #2: The right to know whether we sell or disclose your personal information, and if so, to whom.
- Right #3: The right to say no to the sale of personal information.
- Right #4: The right to access your personal information.
- Right #5: The right to receive equal service and pricing from us, even if you exercise your privacy rights.
You may exercise any of the above rights on or after January 1, 2020, if you are a California resident and you provide us with a verifiable request to exercise any of the above rights. For more information, please see California Civil Code Sections 1798.80-1798.198. To submit a request, please see Section 2 for our contact information.
15. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND THAT KWIK STOP CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION COLLECTED, USED, STORED OR TRANSMITTED BY OR THROUGH THE SITES AND SERVICES WILL REMAIN SECURE. KWIK STOP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "KWIK STOP PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITES AND SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE KWIK STOP’S PARTIES; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF YOUR INFORMATION OR DATA.
16. LIMITATION OF LIABILITY. YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. YOU AGREE THAT THE KWIK STOP PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE KWIK STOP PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO KWIK STOP WITHIN THE LAST SIX MONTHS TO ACCESS OR USE THE SITES AND SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO KWIK STOP. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY KWIK STOP IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE KWIK STOP PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
17. GOVERNING LAW & JURISDICTION. This Policy, and Kwik Stop’s collection and use of customer information, shall be governed and interpreted in accordance with the laws of the United States and the State of Iowa. Any disputes arising out of this Policy shall be adjudicated in Iowa or federal court of competent jurisdiction in the state of Iowa.