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KindaKewl Solutions

Privacy Policy

 

This privacy policy (“Privacy Policy”) will give you information about how KindaKewl, a California corporation (“KindaKewl,” “we” or “us”) collect, store and process your information when you visit our website (regardless of where you visit it from), www.kindakewl.com (“Website”), use our services or our mobile application (“App”).  By using our Website, App and services, you agree to the collection, storage and use of information in accordance with this Privacy Policy. We recommend that you read this Privacy Policy carefully when using our Website or App or services or transacting with, or making any product purchases from, us. By using our Website, App, products and/or services (our “Services”), you are accepting the practices described in this Privacy Policy. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

 

  1. Information We Collect

 

  1. Information Collected From You

 

We collect your information when you use our Services or register with us. When you register we require and collect personally identifiable information from you that may include your email address, first name, last name, address, telephone number, date of birth, gender, dietary preferences, location (“Personal Information”). Your Website and/or App usage data is collected automatically by us; either generated by use of the Services or from the Services infrastructure itself, such as App usage time, your location, physical activity (i.e. your walking/ running movements), number of visits to our Website and/or App. We do not, however, knowingly collect personal information from children under the age of thirteen. In addition, if a user is under 18, unless consent is obtained from your parent/guardian, you are not allowed to provide us with any personal information. Also, we collect information you provide directly to us, request to purchase our products or use our Services, contact user support, email us, upload data/ images on our Website and/or App (such as photos, videos or text notes about your experiences) or otherwise communicate with us. We do not share, sell or transfer your personal information to third party users or partners.

 

The following are additional situations in which you may provide your information to us:

 

☛ When you sign up for any newsletters or other materials.

☛ When you purchase any merchandize that we sell through our Website and/or App.

☛ When you provide information to us through a third-party application or website.

☛ When you communicate with us or request information about us or our products or Services, whether via email or other means,  including contacting our support team.

☛ When you participate in online surveys.

☛ When you participate in any of our marketing initiatives, including, competitions, events, or promotions.

☛ When you register and/or participate in online forums, reviews or provide user generated content or submissions.

 

We also automatically collect non-personal information from your browser, computer, or mobile devise when you use the Website or App through the use of various technologies, including cookies and pixel tags. We may collect IP address, browsing behavior, log data and device IDs. This information is used by us in order to enable us to better understand how our Services/ products are being used by visitors and allows us to administer and customize the Services/ products to improve your overall experience. We may aggregate information from the user of the Website, App, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors and average time spent on the Website, App, which will also be considered as non-personal information. (“Non-Personal Information”)

 

  1. Information Collection From Our Channel Partners

 

We may tie-up with online channel partners to advance the scope of our Services that we provide now or in the future. When you visit our online channel partners, we may receive information from such channel partners, and also via third parties when you visit our page on social media sites (e.g., Facebook, Twitter, YouTube, Instagram, WeChat). When you’re visiting any of these online channels/sites, our partners may collect:

 

☛ Registration information that we use to help you set up an account (e.g. your name, country, gender, date of birth, email address, username and password).

☛ Payment or transactional information that we use when you buy products or use online services (e.g. postal address, phone number or credit card number).

☛ Location information or your IP Address that we use to give you relevant online content.

☛ Information you’ve shared publicly on our forums.

☛ Information you’ve sent to an individual or group using our messaging, chat or post services.

☛ Information you provide when you use our own online channels or third-party channels (such as social networks).

 

If you’re using our Services through a third-party channel like social media, your information may also be processed by that third-party according to their own privacy processes.

 

  1. Device Information

 

When you access our Services by or through a mobile device or any desktop or handheld device, we may collect certain information automatically, including, but not limited to, the type of device you use, your device unique ID, the IP address of your device, your operating system, the type of Internet browser you use and other statistics.

 

  1. Usage, Behavior and Preference Information

 

We collect information about how you and Website visitors and App users interact with our Services, preferences expressed, and settings chosen. In some cases, we do this through the use of cookies, pixel tags, touch heatmaps, user recordings, crash videos and similar technologies that create and maintain unique identifiers. A cookie is a small file placed on your device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain parts of Services. We cannot control the use of cookies by third parties (or the resulting information), and use of third party cookies is not covered by this Privacy Policy.

 

  1. Why we need to collect and process information

 

As we offer our Services directly to our customers and our Services offer many different experiences, we need to collect and process information, so that:

 

☛ Users are able register for any accounts and Services they want to use.

☛ Users can share information on public forums.

☛ To allow user to auto general blogs with the information they provide through the Website and/or the App (such as location, photos, experiences, etc.)

☛ We can send users any information they’ve asked us for or answer their questions.

☛ To send you e-mail notifications about our new or existing products and services, special offers, or to otherwise contact you.

☛ To enhance existing features or develop new features, products and services.

☛ To allow us to personalize the content and advertising that you and others see based on personal characteristics or preferences.

☛ We can ask users to give us feedback on our Services through questionnaires and surveys.

☛ We can provide our users with relevant marketing information about our products.

☛ To allow you to participate in interactive features of our Services when you choose to do so.

☛ We may disclose and use personally identifiable information in special circumstances where it is necessary to enforce our Terms of Use (for example, when necessary to protect our intellectual property rights). We may also disclose or use your personal information ☛☛ when we, in good faith, believe that the law requires us to do so.

☛ To detect, prevent and address technical issues.

☛ To provide customer support.

 

  1. Sharing of Information

 

Your Personal Information (such as your name, country and dietary preference) will be displayed on your user profile and will be used to provide you with personalized suggestions or recommendations while travelling. Additionally, you have the option to share details regarding your trips, including locations you have visited and any personal notes/ comments regarding location and/or your trip.

 

We may share your Non-Personal Information we collect in the following manner:

 

☛ With third party service providers to enable them to provide the Services you request, such as channel partners, application developers, analytics (Foursquare, Google Places and AccuWeather).

☛ With the general public if you submit content in a public forum (social media websites such as Facebook, Twitter, Instagram), for reviews, comments, social media posts, or with other features of our Services that are viewable by the general public.

With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or services (such as Foursquare and Google Places API (to obtain location information and photographs based on GPS coordinates) and AccuWeather (for weather information)) with which we integrate.

☛ To our third-party vendors and service providers so that they may provide support for our internal and business operations, including handling of data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials, and our Services maintenance and security. These companies are authorized to use your information only as necessary to provide these services to us and are contractually obligated to keep your information confidential.

☛ To third parties when you engage in certain activities through our Services that are sponsored by them, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored, in whole or in part, by a third party. Your information will become subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of your information.

 

We may share your Personal and Non-Personal Information we collect in the following manner:

 

☛ As required by law or ordered by a court, regulatory, or administrative agency.

☛ If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.

☛ To enforce our Terms of Service, this Privacy Policy, and any other applicable agreements and policies.

☛ To enforce or protect our rights in the court of law or in an arbitration/ mediation proceeding.

 

  1. Service Providers

 

We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Services-related services and/or to assist us in analyzing how our Services is used. These third parties have access to your information only to perform specific tasks for the purpose of providing the Services.

 

  1. Social Sharing Features

 

Our Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

 

Any information or content that you voluntarily disclose for posting to the Services or through our partners becomes available to the public, as controlled by any applicable privacy settings that you set. If you remove information that you posted to the Services or through our partners, copies may still remain viewable in cached and archived pages of the Services or with our partners.

 

  1. Analytics and Advertising Services Provided By Others

 

We may allow our trusted partners to provide user measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, software development kits (SDKs), and other technologies to identify your device when you visit our Website, use our App or use our Services, as well as when you visit other online sites and services.

 

  1. Links to Third-Party Websites

 

Our Services, as well as the email messages sent with respect to our Services/products, may contain links or access to websites operated by third parties that are beyond our control. Links or access to third parties from our Services/products are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-parties may send their own cookies to you and independently collect data. If you visit or access a third-party website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy policies and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.

  1. Business Transfers and Corporate Changes

 

We may share Personal and Non Personal Information with our subsequent owner, co-owner, or operator of one or more of the Services; or in connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.

 

  1. How Long We Retain Your Information

 

We generally retain your information as long as reasonably necessary to provide you Services or to comply with applicable law. We can retain copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, or to take any other actions consistent with applicable law.

 

  1. Our Cookie Policy

 

Cookies are small data files that your browser places on your computer or device. A cookie itself does not contain or collect information. However, when it is read by a server via a web browser it can help a website deliver a more user-friendly service – for example, remembering previous purchases or account details. Like most websites, our Website, online channels and App collect some information (e.g. information on IP addresses, browsers, internet service providers, referring pages, exit pages, operating systems, date stamps, time stamps and clickstream data). Both we and our third-party tracking utility partners use browser storage, app storage, cookies, pixels, beacons, scripts and tags to analyze trends, administer the site, track user movement through the site and collect demographic information about our overall user base. We may receive reports on these from our third-party tracking utility partners on an individual and aggregate basis.

 

  1. Your rights in relation to the personal information we collect

 

You have the right to information, access, correction, deletion, restriction of processing, objection to processing. If you wish to (i) update, alter, delete or obtain a copy of your personal information that we hold; (ii) restrict or stop us from using any of the personal information which we hold on you, including by withdrawing any consent you have previously given to the processing of such information; or (iii) where any personal information has been processed on the basis of your consent or as necessary to perform a contract to which you are a party, request a copy of such personal information in a suitable format, you can request this by emailing us at the address set out at the end of this Privacy Policy. We endeavor to respond to such requests within a month or less, although we reserve the right to extend this period for complex requests.

 

Please note that, if you request that we restrict or stop using information we hold on you, or withdraw a consent you have previously given to the processing of such information, this may affect our ability to provide Services to you or negatively impact the services we can provide to you.

 

We reserve the right to deny you access for any reason permitted under applicable laws. Such exemptions may include national security, corporate finance and confidential references. If we deny access or correction, we will provide you with written reasons for such denial unless it is unreasonable to do so and, where required by local data protection laws, will note your request and the denial of same in our records.

 

  1. Data storage, processing, security and integrity

 

We use third-party service provider Microsoft Azure to store and process your information in the United States and other jurisdictions. We will utilize all security protocols available from Microsoft Azure to safeguard your information and additionally implement the following to make sure your information is always protected and safe.

☛ Access Control - To restrict the information access based on the role, and to ensure that only authorized users will be able to see data required to perform their specific job.

☛ Integrity - Frequent backups to protect the data from accidental loss or destruction. Disaster recovery policy and backup plan in palace to ensure data integrity.

☛ Pseudonymization - Replace user data which is only used to statistical purposes with random texts.

☛ Encryption in-transit - SSL/TLS standards to protect the data in-transit.

☛ Encryption at-rest - Strong at-rest encryption, Azure security standards.

☛ Password policies and 2FA for admins.

 

The security, integrity and confidentiality of your information is extremely important to us. Our data security and integrity partners use technical, administrative and physical security measures to protect your information from unauthorized access, disclosure, use and modification.

 

We, through our partners, strive to implement and maintain reasonable, industry-standard secure storage technologies and commercially acceptable security procedures and practices appropriate to the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. However, we cannot ensure or warrant 100% security of any information you provide to us or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed by unauthorized persons or hardware or software failure. Further, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.

 

Our users, employees and partners also play an important role in protecting information. We encourage users to choose passwords that are difficult for others to guess and to keep their personal passwords secret.

 

Should you notice any flaws or concerns in our security, please contact our Customer Service team at support@kindakewl.com as soon as possible.

 

If we ever experience a data breach in which customer information is at risk of being misused, we’ll contact user according to legal requirements. If necessary, we’ll also contact data protection authorities.

 

  1. Data transfers, storage and processing globally

 

We may transfer your personal information to any current or future subsidiaries or affiliates of KindaKewl Solutions or third parties in locations around the world for the purposes described in this Privacy Policy. Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Whenever your information is transferred, stored or processed by us or by companies carrying out such services on our behalf, we’ll take reasonable steps to safeguard the privacy of your personal information.

 

We will make sure we, as a minimum, use the standards of data privacy and security that follows from the European General Data Protection Regulation (“GDPR”) anywhere in the world where we collect, store, use or share your personal data. Where your local rules require more from us than that, we will adjust our practice to make sure your data is safe with us no matter where in the world you are! These rules are set by European data authorities across the European Union (EU) and set the some of the highest standards in the world on data collection, storage, use and sharing.

 
  1. Do Not Track

 

Some web browsers may give you the ability to enable a "do not track" feature that sends signals to the websites you visit, indicating that you do not want your online activities tracked. This is different than blocking or deleting cookies, as browsers with a "do not track" feature enabled may still accept cookies. We will use location tracking methods available for native iOS and Android platforms. User will be able to opt in or out from location tracking when they will first use the app or anytime from operation system settings. If user chooses to opt-out from location tracking, the App will display a message on the home screen that no new live trips can be created till location tracking is turned on. They will still be able to see existing trips or trips shared by other users.

 

  1. Notice to California Residents

 

If you’re a California resident, you’re permitted by California Civil Code Section 1798.83 to request information regarding the disclosure of your personal information by certain members of the KindaKewl Solutions to third parties for the third parties’ direct marketing purposes. With respect to these entities, this privacy policy applies only to their activities within the State of California.

 

  1. Changes to this Privacy Policy

 

This Privacy Policy will remain in effect, except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Services after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us or by placing a prominent notice on our website.

 

  1. How to Contact Us

 

If you have any questions about this Privacy Policy, please contact our support team at support@kindakewl.com. Please include your name and pertinent info in your inquiry.