Privacy Policy

Effective Date: June 21, 2023
Last Reviewed on: June 21, 2023

Kioxia America, Inc. ("KIOXIA") respect the privacy of users who visit this website (the "Site"). This Privacy Policy describes how we collect, use and share information effective as of the date posted above. By using the Site and submitting information to us you agree to the terms of this Policy.  Following the Privacy Policy is an addendum further applicable to California residents and the CCPA/CPRA legislation. To the extent there is any inadvertent conflict between the Privacy Policy and the Privacy Addendum, the Privacy Addendum controls for California residents.

We may automatically collect information when you visit the Site including your device’s IP address, and statistics about how you use the Site. If you connect with the Site through a link in an email we may automatically collect your email address and associate it with other statistical information about your access to and use of the Site.

We may collect information that you submit when visiting the Site including product registration information (your name, email and postal address, telephone number, product information, and user name and password) or contact information if you sign up for our newsletter or contact us with an inquiry (name, email address, telephone number). If you submit a comment or suggestion or communicate with us through the Site we may collect and retain the information you submit. Information that you submit may be linked with statistical information about your access to and use of the Site.

We may use your personal information for our general commercial purposes, including, for example:
 

• to process your transactions;
• to contact you about products you have purchased or customer service;
• to respond to your inquiries;
• to contact you with your permission by email or postal mail to inform you of products and service opportunities that may be of interest to you,  new KIOXIA updates or offerings, upcoming events or trade show, or customer surveys;
• to display advertisements relevant to your interests;
• to conduct market research regarding KIOXIA products or services;
• to learn how and when you access or use our Site or the information we provide online;
• to customize the content of the Site for you; and
• to support and enhance our communications with you.

If you provided information through a registration process such as to download content or receive our newsletters, you may opt out of receiving our newsletters or other marketing information from us by clicking here and unsubscribing. Or, you may opt out by using the unsubscribe link on any email you receive from us. If you opt out of receiving our newsletters or other marketing information, we may still send you certain types of communications, such as product updates for your registered products, transactional or legal notification emails, warranty related communications and we may respond to requests from you by email. If you opt-out through one of these methods we will try to process your request in a timely manner.

Some jurisdictions allow you to request a copy of the information we hold about you or other additional rights. Requests can be made by contacting us at the address below and providing contact information and information that establishes your identity. We will endeavor to respond within a timely manner in accordance with your local laws upon receipt of your completed request. In some cases we may charge a fee for providing this information.

For California residents, further opt-out information is contained in the California Addendum at the end of this document.

We do not sell your personal information as traditionally understood. Please note some jurisdictions may have a non-traditional and/or broader definition of “sell.” We may share your personal information in compliance with local laws, for example, with KIOXIA group companies for business purposes and with other companies who provide marketing or other services on our behalf and at our direction, but we generally do not permit them to use such personal information that we have shared for their own direct marketing purposes.

Your personal information may be shared with third parties that provide services to KIOXIA (such as analyzing data, providing customer support, product registration, etc.), to the extent that such information is necessary for providing such services to you, and where such sharing is permitted under local laws. This may include distributors and sales representatives through which we sell our products. KIOXIA seeks contractual arrangements with these KIOXIA Providers under which these KIOXIA Providers agree not to disclose any information we provide to them. Other than such third parties, KIOXIA will not share your information with anyone who is not an employee of KIOXIA or an affiliate with a need to access the information for business purposes, or who has not signed an appropriate non-disclosure agreement except under the special circumstances provided in this Privacy Policy.

Your personal information may be shared with unaffiliated third parties under the following special circumstances:

(1) if you request or authorize it;
(2) if the information is provided to help complete a transaction for you;
(3) if the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); or
(4) if the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets).

We may disclose your non-private, aggregated, or otherwise non-personally identifiable information, such as usage statistics of our Site or products, to our affiliates and third parties.

We use technology to help us deliver customized visitor experiences and understand trends and patterns. We use first and third-party cookies on our websites, in order to measure and analyze performance and usage, enhance user experiences, personalize content and ads, and provide social media and other third-party features.

We may use or engage third parties to collect non-personal information using cookies and/or other industry standard technologies (e.g., clear GIFS, web beacons, pixel tags, javascript tag) to, for example, generate statistics or measure and analyze website activity (including page usage and paths followed during visits through our sites) in order to improve Site functionality, deliver content specific to you and/or targeted for your interests while using the Site and/or a third party web site, and to better manage advertising of our products. The collected data also helps us determine which product, service or support information may be appropriate for you.

A cookie is a small text file that the website sends to your device for the purpose of keeping records. It identifies your device, typically your web browser, but it solely cannot identify you as an individual. We may use temporary cookies (“session”) to grant Site visitors access to content and to enable commenting—actions they must be logged in to perform. These cookies expire and are automatically erased whenever you close your browser. We may also use long-term (“persistent”) cookies to better understand usage patterns so we can improve the site for our customers. We use a persistent cookie to remember that you closed the cookie disclosure banner giving your consent to receive cookies, but this only works when cookies on our site are enabled. Persistent cookies usually have an expiration date in the distant future and remain in your browser until they expire or you manually delete them.

In order to provide you a more personalized user experience, we may collect information about your online activities over time and also your activities on third party web sites, for example, via analytics and personalization cookies. Our website may use Google Analytics. For more information please visit: www.google.com/policies/privacy/partners/ .

We do not respond to “do not track” signals, if any, being sent from your browser. However, we do respond to Global Privacy Control (GPC) requests, which may be automatically transmitted by your browser. We may permit select third parties to collect non-personal information about your online activities over time and across different web sites when you use the Site.

You can choose whether to allow us or third-parties (e.g., our Adtech partners) to set cookies which are not strictly necessary for the functioning of the website via the  “Do Not Sell or Share My Information” link and settings provided on the individual websites. If you would like to review and manage your cookie preferences, including opting-out of any of the technologies that we and/or our third parties employ to collect your information via the Site that are not strictly necessary, you may do so by clicking here or by clicking on the “Do Not Sell or Share My Information” link at the bottom of our website. However, if you opt out of non-essential cookies, some areas of our site may not function properly. Cookies and similar technologies may be associated with other information about you. Please note that your cookie preferences are browser and device specific. So, if you come back to this website from a different device or browser, or delete cookies on your current browser, you will need to apply these settings again. In addition, if you access a different KIOXIA website or domain, you may also need to apply your settings for that website as well.

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

KIOXIA does not seek to collect your sensitive personal information. We ask that you do not send us or disclose any sensitive personal information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site to us.

This Site is not directed to or intended to be used by children under the age of 18. KIOXIA does not knowingly collect personal information about children through the Site. If you are under the age of 18, please do not provide any personally identifiable information to us through this Site.

This Site is operated in Japan and the United States of America, information you submit to us is stored on servers located in Japan and the United States, and information on the website is intended for users accessing the website from North/South America. If you are visiting from a location outside North/South America, your information may be processed by us in Japan and the United States, where laws regarding data protection may be less stringent than the laws in your country. Users outside of the North/South America are directed to use their respective regional websites. By using this Site and by providing any personal information to the Site, all users fully understand and unambiguously consent to the collection and processing of such information in Japan and the United States. 

From time to time, we may choose to change our Privacy Policy. We will notify you of material changes to this Privacy Policy by posting a revised Privacy Policy on the Site with an updated effective date. Any updates, revisions, supplements, modifications or amendments to this Privacy Policy shall be effective immediately upon its posting. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of this Site and your continued provision of personally identifiable information to us will be subject to the terms of the then-current Privacy Policy.

We have implemented reasonable physical, electronic and administrative security measures and practices in an effort to protect the security, integrity and confidentiality of your personal information. However, no security system is 100% secure. It may be possible for third parties to intercept or access information that you provide to KIOXIA or its third party KIOXIA Providers. We cannot guarantee the security of your information, nor can we guarantee that information you supply will not be intercepted while being transmitted. However, KIOXIA will comply with all laws and regulations related to data security and breach response.

It is important for you to protect against unauthorized access to your personal information. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the "Contact Us" page.

When you use the Site, you may be directed to other websites that are beyond our control. These may include sites where you register products that you have purchased. We may also allow thirds-party sites or applications to link to the Site. We are not responsible for the privacy practices of any third parties or the content of linked sites except where specifically stated, but we do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites. This Privacy Policy only applies to our Sites.

We will not share your information with third parties for their direct marketing purposes unless you provide consent.

This Privacy Addendum for California Residents (“Addendum”) supplements the information contained in Privacy Policy of KIOXIA America, Inc.

This Addendum applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”) who are visiting or otherwise interacting with the Site. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), California Privacy Rights Act (“CPRA”) and any terms defined in the CCPA have the same meaning when used in this Addendum. Notwithstanding the forgoing, certain section may apply to all consumers, such as employees and others who may be deemed consumers under the CCPA/CPRA without visiting the Site. 

KIOXIA may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (”personal information”). Personal information does not include:
 

• Publicly available information that is lawfully made available from federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media, or by the consumer; or information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.
•  Lawfully obtained, truthful information that is a matter of public concern
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA/CPRA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, KIOXIA has collected the following categories of personal information from all of its consumers, which includes employees and others who may be deemed consumers under the CCPA/CPRA without visiting the Site, within the last twelve (12) months:

KIOXIA may obtain the categories of personal information listed above from the following categories of sources:
 

• Directly from you. For example, from forms you complete during use of our Services.
• Indirectly from you. For example, from observing your actions on our Site.

KIOXIA may use, or disclose the personal information we collect for one or more of the following purposes:
 

• To fulfill or meet the reason you provided the information, or at your direction.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA/CPRA.

KIOXIA will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

The CCPA/CPRA defines a "sale" as disclosing or making available to a third party personal information in exchange for monetary or other valuable consideration. While we do not disclose personal information to third parties in exchange for monetary compensation from such third parties, we may disclose or make available certain categories of personal information to third parties in order to receive certain services or benefits from them, such as when we make browsing history available to third-party ad companies (through third-party tags on our website) in order to improve and measure our ad campaigns and reach users with more relevant ads and content. To the extent that this constitutes a sale as defined by the CCPA/CPRA, we may "sell" identifiers and usage data to third-party advertising networks, analytics providers, and social networks.

California residents have the right to opt-out of our sale of their personal information. We do not sell personal information about residents who we know are younger than 16 years old. You may opt out of "sales" (via third-party cookies) on our websites, by clicking here or by clicking on the “Do Not Sell or Share My Information” link at the bottom of our website.

KIOXIA may disclose your personal information to a third party for a business purpose. However, prior to any disclosure of your personal information for a business purpose, KIOXIA will execute a contract with the third party receiving your personal information that describes the purpose, and requires the recipient to act in compliance with the contract.

KIOXIA shares your personal information with the following categories of third parties:
 

• KIOXIA Providers.
• Parent company and/or sister companies.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, KIOXIA has disclosed the following categories of personal information for a business purpose: See chart above.

KIOXIA discloses your personal information for a business purpose to the following categories of third parties:
 

• KIOXIA providers
• Parent or affiliate entities

The CCPA/CPRA provides you with specific rights regarding your personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
 

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we disclosed your personal information for a business purpose, a separate list disclosing:
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete your personal information from our records, unless an exception applies. KIOXIA will also notify any KIOXIA Providers or contractors to delete your personal information from their records, and notify all third parties to whom the business has sold or shared such personal information, to delete your information unless this involves impossible or disproportional effort. We may deny your deletion request if retaining the information is necessary for us or our KIOXIA 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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 § 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.

Rights to Limit use of Personal Information

You have the right to request that we limit the use of any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will limit the use of your personal information, unless an exception applies. We may deny your limit the use of any of your personal information request if retaining the information is necessary for us or our KIOXIA 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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 § 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.

Right of Correction

You have the right to request that we correct incorrect personal information. Once we confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights) we will use commercially reasonable efforts to correct your inaccurate personal information.

Right of Non-Discrimination

KIOXIA shall not discriminate against you because you exercised any of the consumer’s rights under the CCPA/CPRA, including, but not limited to, by:

• Denying goods or services to you.
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
• Providing a different level or quality of goods or services to you.
• Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

However, KIOXIA reserves the right to charge you a different price or rate, or from providing a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to KIOXIA by your data.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us Toll-Free at (877) 852-477
• Emailing us at Kioxia-America@privacysupportservices.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. 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, which may include:
  • Three pieces of personal information including:
    - Full name
    - Email address
    - Your primary telephone number
    - Your zip code
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Authorized Agents

You can designate an authorized agent to submit requests on your behalf. However, in order to comply with requests from Authorized Agents, we require that Authorized Agents provide written proof of permission to represent the California resident on whose behalf the request is being made.  We may require verification of the Authorized Agent and may also require the California resident to verify their identity directly. To submit a formal request as an Authorized Agent, please send an email to Kioxia-America@privacysupportservices.com including the required written permission and you will be contacted within the time period required under the CCPA.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time than 45 days, we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We reserve the right to amend this privacy Addendum at our discretion and at any time. When we make changes to this privacy Addendum, we will post the updated notice on the Website and update the Addendum’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

If you have any questions or comments about this Addendum, the ways in which KIOXIA collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (877) 852-4777
Website: https://www.kioxia.com/en-us/privacy.html
Email: Kioxia-America@privacysupportservices.com

Postal Address:
KIOXIA America, Inc.
5231 California Avenue
Irvine, CA 92617
Attn: Privacy CCPA/CPRA