Privacy Policy

Effective: November 3, 2026

ABOUT US
ABOUT THIS PRIVACY POLICY
WHAT PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT
HOW WE USE YOUR PERSONAL INFORMATION
WHAT IS OUR LEGAL BASIS FOR PROCESSING
HOW WE SHARE YOUR PERSONAL INFORMATION
YOUR MARKETING CHOICES (INCLUDING EMAIL AND SMS/TEXT MESSAGES)
RETENTION OF YOUR DATA AND DELETION
INTERNATIONAL TRANSFERS
YOUR DATA PROTECTION RIGHTS
CHANGES TO THIS PRIVACY POLICY
CONTACT US

1. ABOUT US

“We”, “us” or “our” means Kapono Design LLC, with its principal place of business located at:

Kapono Design LLC
7 W Figueroa St Ste 300
Santa Barbara, CA 93101-3189
United States

2. ABOUT THIS PRIVACY POLICY

Your privacy is important to us, so we’ve developed this Privacy Policy, which explains how we collect, use, and disclose your personal information.

We collect personal information when you use our website(s), mobile apps, and other online and offline products, services, and experiences (collectively, the “Services”), including when you sign up for our email and SMS/text marketing campaigns.

We may collect personal information directly from you, automatically through your use of the Services, and from third-party and public sources (such as public databases of cannabis license holders), as described in this Privacy Policy.

By using the Services, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with this Policy, please do not use the Services.

If you have any questions, concerns, or complaints regarding this Privacy Policy or how we use your personal information, please contact us via e-mail at [email protected].

3. WHAT PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect personal information that you provide directly to us, certain information automatically when you interact with the Services, and information from public and third-party sources.

3.1 Information You Provide Directly

Contact information.
If you sign up to receive our newsletter, emails, or text messages from us, or otherwise contact us, we may collect:

Name
Email address
Mailing address
Phone number (including mobile number for SMS/text)
Company name
Any other information needed to contact you about the Services

Payment information.
To order products or services through the Services, you may need to provide payment information (such as bank account or credit card details). Your financial information is collected and stored by a third-party payment processing company. Use and storage of that information is governed by the third-party payment processor’s applicable privacy policy. We typically only receive limited information, such as confirmation of payment and basic transaction details.

Survey, form, and promotion information.
You may provide us with additional personal information when you:

Fill in a form
Respond to surveys or questionnaires
Provide feedback or reviews
Participate in promotions, contests, or sweepstakes
Use other features of the Services that request information

Communications information.
We may collect information during our communications with you, including:

Content of emails, text messages, and other communications you send us
Information you share with our customer service or support
Your communication preferences (for example, email vs SMS)
Information about how and when you contacted us

3.2 Information Collected Automatically

When you access or use the Services, we may automatically collect certain information, such as:

IP address and general location information
Device identifiers, browser type, and operating system
Pages viewed, links clicked, and navigation paths
Time and date of visits and time spent on pages
Referring/exit pages

We may use cookies, pixels, web beacons, and similar technologies to:

Remember your preferences
Improve and personalize the Services
Analyze usage and performance

You can usually control cookies through your browser settings, but disabling cookies may affect parts of the Services.

Google Analytics.
We use Google Analytics 4, a web analytics service provided by Google LLC (“Google”), to understand how visitors use our website. Google Analytics sets first-party cookies (named _ga and _ga_K9BXLCWL27, which last up to two years) to recognize your browser across visits, and collects information such as:

The pages you view, how far you scroll, links to other websites you click, files you download, videos you watch on our pages, and searches you make on our site
The website or search that referred you, and the date, time and length of your visit
Your device and browser type, operating system, screen size and language
Your approximate location (city, region and country), which Google works out from your IP address. Google Analytics 4 does not log or store IP addresses

Form submissions.
When you submit our Book a Demo or Contact Us form, we record a form submission event in Google Analytics, with the name of the form and the page it was on, so we can measure which pages lead to inquiries. This event may be sent from your browser or from our server. When it is sent from our server, it includes the Google Analytics identifiers stored in your browser’s cookies, so it can be linked to your visit. We do not send the contents of a form, such as your name, email address, phone number or message, to Google Analytics. Form contents go only to our own systems and the service providers described in Section 6.

Google signals.
We have turned on Google signals. If you are signed in to a Google account and have allowed Google to personalize ads, Google may associate the data Google Analytics collects with your Google account to give us aggregated reports about how people use our website across devices and about audience demographics and interests. These reports do not identify you to us. You can control ad personalization in My Ad Center.

Retention and sharing with Google.
We have set Google Analytics to keep event-level data that is linked to cookies or other identifiers for 2 months, and user-level data for 14 months. After that it is deleted, and only aggregated reports remain. We allow Google to access our Google Analytics data to provide technical support and account assistance, and to use aggregated, de-identified data for modeling and benchmarking. Google processes this information under the Google Privacy Policy. For more about how Google uses this data, see How Google uses information from sites or apps that use our services.

Opting out of Google Analytics.
You can stop Google Analytics from collecting data about your visits by installing the Google Analytics Opt-out Browser Add-on, by blocking or deleting cookies in your browser, or by using a browser or extension that blocks analytics.

Ahrefs Web Analytics.
We also use Ahrefs Web Analytics, a service provided by Ahrefs, to count visits and see which pages and referring websites bring visitors to our site. It does not set cookies. Ahrefs combines your IP address and browser details into a code that changes every 24 hours and discards the IP address itself, so it does not store your IP address or other information that identifies you.

ZoomInfo WebSights.
We use WebSights, a service of ZoomInfo Technologies LLC (“ZoomInfo”), to learn which companies and other organizations visit our website. After a page finishes loading, a ZoomInfo script sends ZoomInfo your IP address, your browser and device type, and the address of the page you are viewing. ZoomInfo matches the IP address against its records of business networks and tells us which organization, if any, the visit came from and which of our pages were viewed. WebSights is designed to identify organizations, not individual people. ZoomInfo sets a cookie on our website named _zitok, which lasts one year, to recognize your browser on later visits, and keeps a session identifier in your browser that is cleared when you close the tab.

ZoomInfo may also link the information it collects on our website to other information it holds, as described in the ZoomInfo Privacy Policy. You can ask ZoomInfo about the information it holds about you, or ask it to remove your profile, through its Trust Center. If your browser sends a Global Privacy Control signal, we do not load WebSights.

Campaign and referral details.
When you first arrive on our website through a link that carries campaign tags, such as a link in one of our marketing emails, we store those tags in a cookie on our website named bk_attr, which lasts 90 days. The tags describe where the link was placed: its source, medium and campaign name, and for some links a term and a content label. The cookie also records the first page you visited on our website, the website that referred you, and the date and time. If you come back later through a link for a different campaign, we keep the first record and note the newer campaign’s name in a cookie named bk_attr_last, which also lasts 90 days. If you arrive without campaign tags, we record only the first page you visited and the referring website, in a cookie named bk_attr_session that is deleted when you close your browser.

These details stay in your browser unless you submit our Book a Demo, Contact Us or Inspection Checklist form. When you do, they are saved with your submission and passed to our customer relationship management (CRM) system, so we can see which emails, campaigns and websites lead to inquiries. Links in our marketing emails include a code that identifies the person we sent the email to. If you arrive through one of those links and later submit a form, that code is saved with your submission, which links your inquiry to the email we sent you. We do not use these details for advertising or share them with anyone other than the service providers described in Section 6. You can block or delete these cookies in your browser settings, and our forms work without them. If your browser sends a Global Privacy Control signal, we do not set these cookies.

3.3 Information Related to SMS/Text Message Program

If you opt in to receive SMS/text messages from us, we may collect and process:

Your mobile phone number
The date and time of opt-in and opt-out actions
Message delivery and interaction data (for example, whether messages were delivered or opened, and replies such as “STOP” or “HELP”)
Content of messages we send you and your responses

This information is used to operate and manage our SMS/text campaigns, keep records of your consent and preferences, and comply with applicable laws and carrier requirements.

3.4 Information from Public and Regulatory Sources

We may obtain business contact details from publicly available and regulatory sources, including but not limited to:

Public databases of cannabis license holders maintained by state or local authorities
Official license records that list a business’s designated point of contact (such as a phone number, email address, and mailing address)
Other public registries and directories where businesses have published their contact information

We use this information to contact cannabis businesses about our Services, send relevant business-to-business communications (including email and SMS/text messages where permitted by law), and maintain up-to-date records of potential and existing customers.

4. HOW WE USE YOUR PERSONAL INFORMATION

We use the personal information we collect for the following purposes:

To send you our newsletter and marketing communications.
Including emails and SMS/text messages about our products, services, content, and promotions that we believe may be of interest to you, in accordance with your preferences.
To respond to you and provide customer support.
To reply to your questions, inquiries, or customer service requests, and to send you notices, updates, security alerts, and support or administrative messages.
To provide and maintain the Services.
To deliver the Services you request, manage your account, process transactions, and carry out our obligations arising from any contracts entered into between you and us, including billing and collection.
To provide you with information about the Services.
To provide you with information about the Services that you request from us or which we feel may interest you, including business-to-business marketing communications directed to cannabis license holders and related businesses.
To analyze and improve our Services.
To monitor and analyze trends, usage, and activities in connection with our Services and to improve functionality, performance, and user experience.
To facilitate promotions.
To administer contests, sweepstakes, and promotions, and to process entries and provide prizes and rewards.
To detect and prevent fraud and misuse.
To detect, investigate, and prevent fraudulent transactions and other illegal or unauthorized activities, and to protect the rights and property of us and our customers.
To comply with legal obligations.
To fulfill obligations as set out by applicable law, respond to legal requests, and enforce our terms and policies.

We may also use your personal information for any other purpose described to you at the time your personal information was collected, where you have given consent, or as otherwise permitted by law.

5. WHAT IS OUR LEGAL BASIS FOR PROCESSING

In certain countries we are required to have a legal basis for collecting and using your personal information. Our legal basis will depend on the personal information concerned and the specific context in which we collect it. Typically, we will process your personal information where:

You have given consent, for example:
- Signing up for newsletters or SMS/text marketing
- Participating in surveys or promotions
We need the information to perform a contract with you, for example:
- Providing Services you have requested
- Processing your orders and payments
The processing is in our legitimate interests and not overridden by your rights, for example:
- Improving the Services
- Preventing fraud and abuse
- Marketing to existing customers in a proportionate way
We have a legal obligation to collect or retain certain information; or
It is necessary to protect vital interests of you or another person.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the details provided in the “Contact Us” section below.

6. HOW WE SHARE YOUR PERSONAL INFORMATION

We may share your personal information in the following ways:

Service providers and vendors.
With vendors, consultants, and other service providers who process your personal information on our behalf when they provide services to us, such as:
- Data hosting and infrastructure
- Payment processing
- Data analytics and research (for example, Google Analytics and Ahrefs Web Analytics, as described in Section 3.2)
- Business intelligence, such as identifying which organizations visit our website (ZoomInfo, as described in Section 3.2)
- Email and SMS/text delivery platforms
- Marketing and advertising support
- Customer support and CRM systems
These providers are authorized to use your personal information only as necessary to provide services to us.
Business transfers.
In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company, we may share or transfer your personal information as part of that transaction.
Legal and compliance.
We may be legally required to disclose or share your personal information without your consent in some circumstances, for example to comply with a court order, law enforcement request, or other legal process. In such circumstances, we will only disclose your personal information if we have a good-faith belief that such sharing is required under applicable legal obligations.
With your consent.
We may share your personal information for any other purpose disclosed to you and with your consent.

We do not sell your personal information for money. As described in Section 3.2, ZoomInfo receives information about visits to our website and may link it to other information it holds.

7. YOUR MARKETING CHOICES (INCLUDING EMAIL AND SMS/TEXT MESSAGES)

7.1 Email and Other Electronic Marketing

When you sign up for a promotion like a sweepstakes, or subscribe to receive our newsletter or marketing/promotional messages, we use your personal information to help us decide which products, services, and offers may be of interest to you.

We will send marketing messages to you if:

You have asked us to send you information;
You have bought goods or services from us; or
You provided us with your details when you entered a competition or registered for a promotion.

If you opt out of receiving marketing messages, we may still send you non-promotional emails (for example, about your account, orders, or important service updates). We will ask for your consent before we share your personal information with any third party for their direct marketing purposes.

You may unsubscribe from email marketing messages at any time by using the “unsubscribe” link included in our emails, or by contacting us at [email protected].

7.2 SMS/Text Message Marketing Program

We may offer an SMS/text message program to send you marketing messages, alerts, and other communications related to our products, services, and promotions.

We may contact cannabis businesses via SMS/text using mobile or business phone numbers that are listed as official points of contact in public cannabis license databases or that you provide directly to us, subject to applicable law and carrier requirements.

Consent to receive SMS/text messages.
By providing your mobile phone number and expressly opting in (for example, by checking a box, submitting a form that references SMS/text consent, or texting a keyword to a designated number), you agree to receive recurring SMS/text messages from Kapono Design LLC at the mobile number you provided. Message frequency may vary.

Consent to SMS/text marketing is not a condition of purchase.
Standard message and data rates may apply from your mobile carrier. Please check your mobile plan for details.

Opt-out.
You can opt out of receiving marketing SMS/text messages at any time by:

Replying “STOP” to any SMS/text message we send; or
Contacting us at [email protected] and asking to be removed from SMS marketing.

After you send “STOP,” you may receive a confirmation SMS/text message to verify your opt-out. You will no longer receive marketing SMS/text messages, but we may still send you service-related or transactional messages where permitted by law (for example, about your account or orders).

Help.
If you need assistance regarding our SMS/text program, you can:

Reply “HELP” to any SMS/text message we send; or
Contact us at [email protected].

Data used for SMS/text program.
To operate the SMS/text program, we may process:

Your mobile phone number
Message history (including opt-in and opt-out logs, HELP requests, and delivery data)
Related technical and usage data

We may share this information with trusted third-party SMS platforms and service providers solely for the purpose of operating, delivering, and improving our SMS/text communications and complying with applicable requirements.

For more detailed information about our SMS/text program, please see our SMS Terms & Conditions, available at:
https://bayke.com/sms-terms-and-conditions/

8. RETENTION OF YOUR DATA AND DELETION

Your personal information will not be kept longer than is necessary for the specific purpose for which it was collected.

When we decide how long to keep your information, we consider:

The amount, nature, and sensitivity of the personal information
The potential risk of harm from unauthorized use or disclosure
The purposes for which we process your information and whether we can achieve those purposes by other means
Applicable legal, regulatory, tax, accounting, or reporting requirements (including legal retention and destruction periods)

The foregoing will not prevent us from retaining personal information where it is necessary to:

Comply with our legal obligations
File or defend against a legal claim
Maintain appropriate business records for evidential purposes

Details of retention periods for different types of personal information are available on request by contacting us using the contact details provided under the “Contact Us” section below.

When your personal information is no longer required, we will delete it or anonymize it, or, where that is not possible, securely store it and isolate it from further processing until deletion is possible.

9. INTERNATIONAL TRANSFERS

We are based in the United States. Your personal information may be stored and processed in the United States or in other countries where our service providers are located.

Where we transfer personal information to countries outside the United States (or outside your country of residence), we will take appropriate safeguards to ensure that your personal information is treated securely and in accordance with this Privacy Policy and applicable data protection laws.

10. YOUR DATA PROTECTION RIGHTS

Depending on your location and applicable law, you may have some or all of the following rights regarding your personal information:

Access. You may request access to the personal information we hold about you.
Correction. You may request that we correct or update inaccurate or incomplete personal information.
Deletion. You may request that we delete your personal information, subject to certain exceptions (for example, where we are required to retain it by law).
Restriction. You may request that we restrict the processing of your personal information in certain circumstances.
Objection. You may object to certain processing of your personal information, including where we process it based on our legitimate interests or for direct marketing.
Portability. You may request that we provide your personal information in a structured, commonly used, and machine-readable format, or that we transmit it to another controller, where technically feasible.
Withdrawal of consent. If we have collected and processed your personal information with your consent, you can withdraw your consent at any time. This will not affect the lawfulness of any processing based on consent before its withdrawal.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. To exercise any of these rights, please contact us using the details provided in the “Contact Us” section below.

You may also have the right to complain to a supervisory authority about our collection and use of your personal information. For more information, please contact your local supervisory authority.

11. CHANGES TO THIS PRIVACY POLICY

From time to time, we may modify this Privacy Policy. When we update this Privacy Policy, we will revise the “Effective” date at the top of this page.

We will take appropriate measures to inform you of any material changes, consistent with the significance of the changes we make (for example, by posting a prominent notice on our website or sending you an email).

Please review this page periodically for the latest information on our privacy practices.

12. CONTACT US

The data controller of your personal information is: