Effective Date: June 2021.
Your California Privacy Rights
1. INFORMATION WE COLLECT
A. Information about You that You Provide. Kinetico, and/or its Service Providers (defined below), may collect information you provide directly to Kinetico and/or its Service Providers via the Service. For example, Kinetico collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.
Information that Kinetico, its Service Providers and/or Third-Party Services may collect from you includes: your first and last name, institution/company, e-mail address, user name, social media logins and other credentials, phone number, address, payment information and other information that personally identifies you (“Personally Identifiable Information”).
B. Information Collected Automatically. Kinetico, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network-connected hardware (also known as “smart devices”, such as our Kinetico monitoring products). For more information on Third-Party Services’ data collection and practices click here. For more information on Service Provider data collection and practices click here. For information on choices some of these third parties may offer you regarding automated data collection click here.
The methods that may be used on the Service to collect Usage Information include:
- Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
- Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device recognition technologies, in-app tracking methods, device and activity monitoring and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
Some information about your use of the Service and certain other online services may be collected using Tracking Technologies across time and services and used by Kinetico and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the Service and certain other online services. See Section 11 regarding certain choices regarding these activities.
Kinetico is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 11 so that your consent to encountering them is meaningfully informed.
C. Information Kinetico Collects From Other Sources. Kinetico may also obtain information about you from other sources, including Service Providers and Third-Party Services. Kinetico is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.
2. HOW WE USE THE INFORMATION WE OBTAIN.
- Allow you to participate in the features we offer on the Service;
- Facilitate, manage, personalize, and improve your online experience;
- Process your registration, manage your account and/or upload your User Generated Content (“UGC”). For more on the public nature of UGC, see Section 5;
- Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
- Ours and our Kinetico Affiliates’ marketing and other purposes;
- Improve the Service and for any other internal business purposes;
- Store your interests and preferences and tailor our content, advertisements, and offers;
- Fulfill other purposes disclosed at the time you provide Personally Identifiable Information or otherwise where we are legally permitted or are required to do so; and
- Prevent and address fraud, breach of policies or terms, and threats or harm.
- with our agents, vendors, consultants, and other service providers (collectively “Service Providers”) in connection with their work on our behalf, including assisting in the provision of the Service;
- to comply with law, law enforcement or other legal process, and, where permitted, in response to governmental requests or legal process (for example, a court order, search warrant or subpoena); and
- to other circumstances in which we have a good faith belief that a crime has been or is being committed by a user.
In addition, we may share information about you as follows:
Marketing: Subject to your communications choices explained in Section [11.D], and the rights of California residents explained here [Link to Section 12], we may use your Personally Identifiable Information to send you marketing communications. Absent your consent (which may be by means of opt-in, your election not to opt-out, or a third party interaction described in the next bullet point), however, Kinetico will not share your Kinetico-Collected PII with third parties, other than Kinetico Affiliates, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).
With Your Disclosure or Consent: As more fully described in Section 5 (Information You Disclose Publicly or to Others) and Section 6 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your information with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third party, not Kinetico.
Corporate Transactions: In addition, Kinetico may share information about you in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Kinetico assets, or transfer of all or a portion of Kinetico’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).
4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS.
Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, Kinetico relies on you to only send to people that have given you permission to do so. The recipient’s Personally Identifiable Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Kinetico for any other marketing purpose unless Kinetico obtains consent from that person. Your contact information and message may be included in the communication.
The Service may include or link to third-party websites, apps, locations, platforms, code (e.g., plug-ins, application programming interfaces (“API”), and software development kits (“SDKs”)) or other services (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personally Identifiable Information from you.
Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Kinetico’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5) or by the Third-Party Service that you use. Similarly, if you post information on a Third-Party Service that references the Service (e.g., by using a hashtag associated with Kinetico or other Kinetico Affiliates in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Kinetico and Kinetico Affiliates. Also, both Kinetico and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
Kinetico may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on other online services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or Cross-device Data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on another online service after you have left the Service (i.e., “retargeting”).
Kinetico takes reasonable measures to protect your information (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and Kinetico does not guarantee the security of your information collected through the Service.
The Service is intended for a general audience and not directed to children less than 13 years of age. Kinetico does not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting Kinetico here, detailing where the content or information is posted and attesting that you posted it. Kinetico will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that Kinetico does not control.
To the extent required by applicable law, Kinetico may provide web pages or other mechanisms allowing you to delete, correct, or update some of the information that we have collected and retained, and potentially certain other information about you (e.g., profile and account information). Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
A. Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to certain Tracking Technologies. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Kinetico currently does not alter Kinetico’s practices when Kinetico receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit https://www.allaboutdnt.com, but Kinetico is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Kinetico is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section. We may, from time-to-time, and in certain jurisdictions, offer or point you to tools that allow you to exercise certain preferences regarding cookies and other Tracking Technologies associated with the Services, but such tools rely on third parties and third party information so we do not guaranty that the tools will provide complete and accurate information or be completely effective. For instance, here is where you can find cookie controls for popular browsers:
We do not represent that these third-party tools, programs or statements are complete or accurate. You will need to do this on each browser that you use to access our Services, and clearing cookies on your browser(s) may disable your preference settings. Also, our Services may not function properly or as intended if you block all or even certain cookies. Accordingly, you may want to consider the more limited opt-out choices noted in the next section.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Kinetico supports the ad industry’s Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks Kinetico directly engages to serve you Interest-based Advertising will do so as well, though Kinetico cannot guaranty their compliance.
We may also use Microsoft Advertising Services. To learn about the data Microsoft collects and how your data is used by it and to opt-out of certain Microsoft browser Interest-based Advertising, please visit here.
We may also use Google Ad Services. To learn more about the data Google collects and how your data is used by it and to optout of certain Google browser Interest-Based Advertising, please visit here.
Kinetico is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
C. Mobile Apps. With respect to Kinetico’s mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., tracking across apps and websites owned by other online services, location-based services, push notifications, accessing calendar/contacts/photos, etc.), by adjusting the permissions in your mobile device and/or the app’s settings.
D. Communications. You can opt out of receiving certain promotional communications from Kinetico at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from Kinetico to text the word, “STOP”; and (iii) for app push notifications turn off push notifications on the settings of your device and/or the app, as applicable. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Kinetico may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Kinetico’s ongoing business relations.
A. Nevada Residents. Although we do not “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, you may contact us here and register an e-mail contact address for us to provide you notice in the event we should do so in the future, at which point you will have an opportunity to be verified and exercise your opt-out rights under that law. Contact us in the same manner to update your contact email for notices. Changing your email elsewhere (e.g., informational requests, account information, etc.) will not update your Nevada notice contact information. It is your responsibility to keep your notice contact information current.
California Consumer Privacy Act Notice
This Notice covers our collection, use, and disclosure of California Consumers’ “Personal Information” (PI) as defined by the CCPA for the twelve months preceding the Effective Date, except to the extent such PI is exempt from the notice obligations of the CCPA. Consistent with the CCPA, this CCPA Notice, including the Consumer rights described herein, does not apply to PI collected about job applicants, current and former employees and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business (“B2B Contacts”).
1. Collection, Use and Disclosure of PI
Generally, we collect, retain, use, and share your PI to provide you the Service and as otherwise related to the operation of our business. In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Notice.
The list below describes each category of PI we collect and includes examples of types of PI that may fall into a specific category.
- Identifiers and Personal Records (e.g., first name, last name, email address, IP address, phone number, and last 4 digits of credit card number)
- Personal Characteristics and traits (e.g., age, household information, marital status)
- Customer Account Details / Commercial Information (e.g., download and listening history)
- Internet Usage Information (e.g., information regarding your use of the Service and browsing history on the Service)
- Geolocation Data (e.g, your location we infer based on your IP address)
- Sensory Data (e.g., recordings of customer service calls and voicemail recordings)
- Professional or Employment Information (e.g., employment status)
- Inferences from PI Collected (e.g., cross-device information, your preferences or your likelihood of interest in certain of our services)
CCPA-defined Business Purposes (CCPA Section 1798.140)
- Providing the Service, including maintaining and servicing your account on the Service, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services
- Detecting security incidents and protecting against malicious, deceptive, or illegal activity
- Debugging the Service to identify and repair errors
- Internal research and development
- Quality and safety assurance, and improving, upgrading, and enhancing the Service
- Processing and managing interactions and transactions on the Service
2. CCPA Privacy Rights
California Consumers have the right to exercise certain privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. For avoidance of doubt, these rights do not apply to Personnel or B2B Contacts.
Unless you are able to provide us with certain information, we will be unable to verify your identity to fulfill a request to know or delete. In general, we verify identity by confirming that you are the owner of the email address that is associated with information we have collected (e.g., if you have provided us with your email address) and/or that you are the individual associated with particular purchase or other transaction information (e.g., first and last name and zip code). We reserve the right to ask you to provide additional information in order to help verify your identity.
Some personal information we maintain about Consumers is not sufficiently associated with a Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
You can make a request according to your rights to know or to request deletion of your PI, both of which are described in detail below, by calling us at 1-800-944-9283 or emailing us at firstname.lastname@example.org. In order to complete your request, you will be required to respond to any follow up inquires we may make, and we may deny your request if you do not do so.
You may use an authorized agent to submit a consumer rights request. If you use an authorized agent to submit a request, we may require proof that the agent has been authorized by you to do so, and take other steps permissible under the CCPA, to ensure it is a proper request by an authorized agent.
a. The Right to Know
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
ii. Specific Pieces
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
b. The Right to Deletion
You may request that we delete your PI that we have collected directly from you and are maintaining, except to the extent we have a basis for retention under CCPA, which we will explain to you in relation to any deletion request you may make. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead by canceling or modifying our email marketing communications you receive from us. You can do so by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
c. The Right to Opt Out of Sale of PI
Some third parties that may collect PI in association with your use of our online services for advertising, analytics and other purposes, and may Sell that PI downstream, provide you the opportunity to opt-out of their Sales. Please visit https://www.privacyrights.info/ to opt-out of the Sale of PI by participating Third Parties. You must opt out on every device and browser you use in order to effectuate your “Do Not Sell” requests from these parties. However, opting out does not mean you will stop seeing ads and you may continue to still see interest-based ads. To learn more about interest-based advertising and additional opt-out choices related to it, please visit https://optout.aboutads.info/?c=2&lang=EN and https://optout.networkadvertising.org/?c=1.
Clearing cookies or changing settings may affect your choices and you have to opt-out separately via each browser and other device you use. Cookie-enabled opt-out signals may no longer be effective if you delete, block or clear cookies. We are not responsible for the completeness, accuracy or effectiveness of any third-party notices, tools or choices.
We will not knowingly Sell the PI of Consumers under 16.
We may disclose your PI for the following purposes, which are not a sale: (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst the entities that constitute Kinetico as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.
d. The Right to Non-Discrimination
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
For questions or concerns about our privacy policies and practices, please contact us at email@example.com.
/End of CCPA Notice/
California’s Shine the Light Law
We may from time to time elect to share certain “personal information” (as defined by California’s “Shine The Light” law) about you with third parties for those third parties’ direct marketing purposes. California Civil Code Section 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request by contacting Kinetico at firstname.lastname@example.org. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year.
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