Effective date: May 05, 2021
Kwinkie reevaluates this Policy on an ongoing basis and reserves the right to change its Policy at any time in its sole discretion. All changes to the terms of this Policy shall be effective as of the date on which they are posted on the Platform. It is your responsibility to check this page periodically for any such changes or updates. Your continued use of or access to the Platform or our services following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.
This Policy covers our treatment of personally identifiable information ("Personal Information") that Kwinkie gathers when you are accessing or using our Platform. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Platform, including to enhance and personalize your experience with Kwinkie, to allow you to set up a user account and profile, to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Platform. Kwinkie may also share some Personal Information with third-parties, but only as described below.
Kwinkie’s Platform and offerings are directed to individuals over the age of eighteen (18). They are not intended for children under thirteen (13) years of age. Kwinkie does not knowingly solicit data online from, or market online to, children under the age of thirteen (13) years. In addition, children under the age of thirteen (13) years are not permitted to submit any personal information to Kwinkie or the Platform. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
INFORMATION COLLECTED AND USE OF INFORMATION
Kwinkie may gather date, time, information about a user’s browser and system or device configuration and capabilities, navigation history, and IP address for all visitors to the Platform to monitor and track Platform use and traffic patterns in order to provide a more personalized experience on the Platform. Kwinkie may use this information for its internal security audit log, for trend analysis and system administration, and to gather broad information about its audiences. However, Kwinkie does not routinely link IP addresses to anything that identifies you as an individual.
In addition to the above, we may use the following technologies to automatically collect information about your activities on our Platform: cookies, flash cookies, web beacons, clear pixels, or pixel tags, web server logs, and geo-location technologies.
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Platform to:
- Administer sweepstakes, promotions, and contests;
- Assist law enforcement and respond to subpoena;
- Compile anonymous statistical data and analysis for use internally or with third-parties;
- Create and manage your account;
- Place a product or service order;
- Enable features that allow you to share information with other users;
- Email you regarding your account;
- Generate a personal profile about you to make future visits to the Platform more personalized;
- Increase the efficiency and operation of the Platform;
- Monitor and analyze usage and trends to improve your experience with the Platform;
- Notify you of updates to the Platform;
- Offer new products, services, mobile applications, and/or recommendations to you;
- Perform other business activities as needed;
- Prevent fraudulent transactions, monitor against theft, and protect against criminal activity;
- Process payments and refunds;
- Request feedback and contact you about your use of the Platform;
- Resolve disputes and troubleshoot problems;
- Respond to product and customer service requests;
- Send you a newsletter;
- Solicit support for the Platform;
“Personal Information” shall refer to information which you provide to us which personally identifies you, and includes, but is not limited to, your name, email address, mailing and/or physical address, mobile device number, telephone number, date of birth, company name, company registration number, and other information or data that identifies you, which is collected and maintained by us if you have a Registered Account to use and access the Platform, and may otherwise be collected by us through your use and access of the Platform or if you otherwise directly provide such information to us. “Personal Information” may also include information you provide in connection with a payment or banking service (“Payment Service”) offered as a convenience to you in association with the Platform services, whereby you can maintain your credit card or bank account information (each a “Payment Account”) securely with us in connection with your Registered Account. Such information may also include, depending on whether it can be reasonably linked to your other Personal Information or used to identify you, your IP address, MAC address, device-specific information (including hardware information about any device you are using to access or use the Platform, such as your UDID or hardware model information), device type, unique device identifiers, advertising identifiers, serial numbers, mobile network information, file names and versions, preferred languages, operating system information (including your operating system version), browser type, location information, user preferences, dates and times of use of the Platform, browsing activity and browsing history, and features you have used (collectively, “Usage Data”). Personal Information may also include certain combinations of such information that meets the applicable statutory or other legal definition of “Personal Information” for purposes of breach notification (such information, “Statutory PII”). The privacy laws in some jurisdictions include unique elements in what they consider to be the personal information of the consumers or data subjects they protect. If those laws apply to us, as in the case of the California Consumer Privacy Act (“CCPA”) or European General Data Protection Regulation (“GDPR”), our use of the phrase “Personal Information” includes the unique elements required by such laws.
In the event of an organized event, whether face-to-face, remotely, free of charge or for a fee, Kwinkie will collect and process Personal Information of the registered individuals/companies and participants for the organization, management, processing, and follow-up of invitations, registrations. and participations. As a participant to such event, you agree that Kwinkie will post your image and/or your voice on photo, audio, or video media produced during the event. The recordings may be recorded and published by Kwinkie, including on social networks in accordance with its legitimate interests. If you do not wish to appear, you can turn off your camera in the event of a remote event, stand at the back of the room, do not participate in group photos, do not wave to the photographer cameraman, etc. in the event of a face-to-face event.
Information You Provide to Kwinkie
We receive and store any information you knowingly provide to us. We may use any information you provide to us for our business purposes. Kwinkie may collect Personal Information, which may be required to register with us or to take advantage of some of our features. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you provide us your phone number, you may also receive messages that we send you via SMS as part of the normal business operation of your use of the Platform. If you do not want to receive communications from us, please indicate your preference by emailing firstname.lastname@example.org.
Information Collected Automatically
Whenever you interact with our Platform, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, web beacons, the type of browser and/or device you’re using to access our Platform, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Platform are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. A “web beacon” is an object that is embedded in a page or email and is usually invisible to the user but allows checking whether a user has viewed the page or email.
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Platform as such data can provide us with how often users use a particular feature of the Platform, and Kwinkie can use that knowledge to make the Platform interesting to as many users as possible.
Collection of Location Information
When you use the Kwinkie Platform, we collect precise location data that tracks your location when the mobile application is running in the foreground (mobile application open and on-screen) of your device. We may deliver information or content specific to your location to you via the Platform as a result of the location data we collect. If you disable the collection of geolocation information, the Platform may not function as intended. Additionally, the opt-out mechanism on some operating systems may not be persistent, which will require you to opt-out of such collection each time you access the Platform through your device.
We collect transaction details and information related to your use of the Platform, including the types of services you requested, any Subscriptions subscribed for, and other related transaction details and information.
We may collect information about the devices you use to access our Platform, including any related Usage Data.
When you interact with our Platform, we collect server logs, which may include Usage Data and information like device IP address, access dates and times, application features or pages viewed, application crashes and other system activity, browser type, and the third-party site or service you were using before interacting with our Platform.
Kwinkie's E-mail Announcements and Newsletters
Kwinkie uses e-mail to send announcements regarding new products, services, and/or promotions, and informational newsletters. Announcements via email are on an opt-in basis only. By registering for an account or providing us with your e-mail, you are opting in to receiving these e-mail announcements. You can choose to unsubscribe from Kwinkie e-mail at any time by sending an email to email@example.com or by following the detailed unsubscribe instructions at the bottom of each e-mail. Kwinkie may also send replies to users e-mail via e-mail. Finally, if you have sent a request to Kwinkie about which we need to communicate with you, we may do so by e-mail.
Information Collected from Third-Party Websites and Do Not Track Policy
Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Platform. Just like any other usage information we collect, this information allows us to improve the Platform and customize your online experience, and otherwise as described in this Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Platform does not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Platform and after you leave our Platform.
If you are on another website and you opt-in to receive information from Kwinkie, that website will submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third-party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third-party website) through which you allow us to collect (or the third-party to share) information about you, including usage information and Personal Information such as lists of your friends, "likes", comments you have shared, groups and location. In addition, we may receive information about you if other users of a third-party website give us access to their profiles and you are one of their "connections" or information about you is otherwise accessible through your "connections'" web page, profile page, or similar page on a social networking or other third-party website or interactive service. We may supplement the information we collect about you through the Platform with such information from third-parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you.
Calls and Text Messages
In order to provide the services to you, Kwinkie will communicate with you with communications or through its alert service, which includes contacting or messaging you by telephone, email, short message service or text message. Additionally, Kwinkie and its partners and affiliates may contact you at any telephone number(s) you provide in connection with your use of the Platform. By providing your contact information, you consent to receive communications (including communications containing an artificial voice or prerecorded message or made using an automatic telephone dialing system) from us, our affiliates and partners, including your wireless number, even if that number is registered on a corporate, state, or national do-not-call registry.
PERSONAL INFORMATION RECEIVED
Kwinkie does not rent or sell your Personal Information in personally identifiable form to anyone, provided certain Personal Information may be transferred in connection with business transfers, as described below. We may share your Personal Information with third-parties as described in this section:
Information that has been de-identified. We may de-identify your Personal Information so that you are not identified as an individual and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Platform, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.
Affiliated Businesses: In certain situations, businesses or third-party websites Kwinkie is affiliated with may sell or provide products or services to you through or in connection with the Platform (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company, such as Stripe, Paypal, GoCardLess, Apple Pay, and Google Pay, to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. Note that an “agent” may also be considered a “partner” in certain circumstances and would be subject to the terms of the “Information that has been de-identified” section in that regard. Please note, however, that we cannot guarantee that all of our vendors and business partners will agree to these contractual requirements; nor can we ensure that, even when they do agree, they will always fully comply.
Business Transfers: We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third-party.
Protection of Kwinkie and Others: We may use or disclose personally identifying information if we have a good-faith belief that the disclosure is reasonably necessary (a) to satisfy applicable law, regulation, legal process, or enforceable governmental request, (b) to enforce agreements we have with you, (c) to address fraud or security issues, or (d) to protect against harm to the rights, property, or safety of the users, or our employees.
Kwinkie uses reasonable administrative, technical, and physical security measures to protect your information. Because of the constitution of the Internet, however, no security measures or transmissions over the internet can be 100% guaranteed to protect your information, and the rules of data protection and the security measures mentioned above may not be observed by other persons or institutions beyond Kwinkie’s control. Especially unencrypted data - even if sent via e-mail - can be read by third-parties. Kwinkie has no technical influence to avoid this. You have the responsibility to protect the information you provide, especially username and passwords, from misuse, whether by encryption or other means.
Your account is protected by a password for your privacy and security. You must enter a password of at least 8 characters, including at least one lowercase letter, a capital letter, and a number. Kwinkie has a database of the 100 most well-known passwords that are prohibited from use (such as: password, azerty, etc.). Kwinkie can also automatically generate passwords of 8 random characters. In order to guarantee the integrity of the passwords created during the use of the Platform, Kwinkie relies on the password_hash method for password encoding. In addition, access to the Platform is blocked after five unsuccessful entry attempts.
You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We will never ask you for credit card information or personal information by email.
ACCESS TO PERSONAL INFORMATION
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
- name and password;
- email address;
- mailing address;
- phone number; and/or
- user profile information
The information you can view, update, and delete may change as the Platform changes. If you have any questions about viewing or updating information we have on file about you, please contact us at firstname.lastname@example.org.
OPTIONS AVAILABLE TO USERS
Users can always opt not to disclose information to Kwinkie, however some information may be needed to register with Kwinkie or to take advantage of some of our features.
Users may be able to add, update, or delete information as explained in this Policy. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request a suspension of your account by submitting a request to email@example.com. When you suspend your account, you will no longer receive any of our e-mails, but your profile information may remain in our records. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
CONSENT TO PROCESSING AND TRANSFER OF INFORMATION
The Platform is governed by and operated in, and in accordance with the laws of, the United States, and is intended for the enjoyment of residents of the United States. Kwinkie makes no representation that the Platform is governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States of America, please be aware that information we collect may be transferred to and processed in the United States. By using the Platform, or providing us with any information, you (a) acknowledge that the Platform is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
This section provides details about rights afforded to California residents under the California Consumer Privacy Act (or "CCPA"), and supplemental details about the Personal Information we collect about California residents.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org. California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third-parties for marketing purposes, and providing contact information for such affiliates and/or third-parties. If you are a California resident and would like a copy of this notice, please submit a written request to email@example.com.
We will collect the following categories of Personal Information: identifiers (such as name, contact information and device identifiers); commercial information (such as items purchased); internet or other network activity information (such as browsing behavior and other usage data); location data; inferences (such as purchasing preferences); demographic data (such as gender); electronic, visual or similar information (such as customer support call information); and other personal information (such as product feedback or payment method information). For more details about the Personal Information we collect, including the categories of sources, the purposes for such collection, and the use of such Personal Information please see the Information Collected and Use of Information section above.
Subject to certain limitations, the CCPA provides California residents the right to request to access to details about the categories or specific pieces of Personal Information we have collected in the last 12 months (including about information we disclosed for a business purpose), to request to delete their Personal Information, to opt out of any sales that may be occurring, and to not be discriminated against for exercising these rights.
We do use third-party cookies and related technologies to send targeted ads and this may be deemed a "sale" under the CCPA. To opt out of these "sales," use the following link: Do Not Sell My Personal Information.
California residents may make request access or deletion requests by submitting their requests at firstname.lastname@example.org. We will verify your request by asking you to provide information that matches information we have on file about you. You can also designate an authorized agent to exercise these rights on their behalf, but we will require proof that the person is authorized to act on your behalf and may also still ask you to verify your identity with us directly.
EU GENERAL DATA PROTECTION REGULATION
GDPR Jurisdictions means the countries composed of the European Economic Area, Switzerland, and Japan which, having received an “adequacy decision” from the European Commission, adheres to the material terms of the GDPR.
If we are using personal information you provided to us in order to enable us to send you materials, such as newsletters or product/services alerts via text or email, and you decide you don’t want to receive such materials, you may opt out by following the opt-out instructions in the email or other communication, or by contacting us using the contact information below. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. You need to understand it may take a period of time to remove your name from our lists after your request and due to such latency you may still receive materials for a period of time after you opt out. In addition to opting out, you have the ability to access, amend, and delete your personal information as mentioned above.
If we transfer personal information from the GDPR Jurisdictions to a location that has not been deemed by the European Commission to have adequate privacy protections, we do so in the manner the GDPR permits.
While we attempt to allow all users of our Platform to exercise a degree of control over their personal information, under the GDPR we have a legal obligation to do so for you. More specifically, with respect to personal information collected from you while you were in a GDPR Jurisdiction, you have these rights: transparency, access, correction and deletion, portability, who, what, why and where, and restriction/objection. If you would like to exercise any of these rights, please contact us at email@example.com. We will respond to all requests without undue delay, and in accordance with the time frames, if any, prescribed by the GDPR. If you are not satisfied with how we use your personal information or respond to your requests, you have the right to complain to your data protection regulator. Contact information for the EU data protection regulators can be found here.
Your Rights. In accordance with the regulations, you have the following rights regarding your data:
- Right of access to your data, including the right to request a copy, and to the information provided in this Policy (Art. 15 GDPR). Where the legal basis for the processing of data is the legitimate interest of the data controller, you have the possibility to request information on the justification of this legitimate interest.
- Right to rectification (art. 16 GDPR) and updating of your data.
- Right to erasure of your data (Art. 17 GDPR) when the data is no longer necessary, you have withdrawn your consent to its processing (if it was based on our consent) or you object to the processing based on our legitimate interest or to the processing carried out for canvassing purposes or for profiling related to canvassing.
- Right to withdraw your consent at any time (Art. 13 (2)(c) GDPR) for all data processing based on the legal basis of your consent.
- Right to limitation of data processing, which, unless there are compelling reasons, can only be implemented with your consent (Art. 18 GDPR):
- When you dispute the accuracy of the data, for the time necessary to verify.
- If the data processing is unlawful but you object to the deletion of the data and choose instead the limitation of the processing.
- When Kwinkie no longer has any reason to keep the data but they are still necessary for you to establish, exercise, or defend your legal rights.
- When you have objected to the processing based on our legitimate interest, for the time necessary to balance the interests involved.
- Right to the portability of data directly provided by the data subject when they are subject to automated processing based on your consent or a contract (Art. 20 GDPR) i.e., the possibility to request the communication of such data in a structured, commonly used, and machine-readable format so that they can be communicated to another data controller.
- Right to object (Art. 21 GDPR) to the processing of your data when such processing is legally based on legitimate interest.
- Right to define the fate of your data after your death and possibly choose a trusted third-party to whom Kwinkie should entrust them.
In addition, with respect to commercial prospecting, you have the option of unsubscribing from our mailing lists at any time by clicking on the unsubscribe link in our communications or contacting Kwinkie to stop receiving solicitations. Any data subject may request details from Kwinkie regarding these safeguards applicable to data transfers outside of the European Union relating to them.
Any request to exercise these rights must be made by email to firstname.lastname@example.org or by registered letter with acknowledgement of receipt to the head office. Kwinkie will be able to refer the data subject to the functionalities of the account allowing the exercise of these rights directly from the account when one exists. The request will be transmitted to the personal data protection officer of Kwinkie.
RIGHTS OF DATA SUBJECTS IN OTHER JURISDICTIONS
In other jurisdictions, with similar data privacy regulations, we may collect from you the categories of personal information already described. We collect and manage (including disclose) such data in compliance with applicable local law(s).
Personal Information shall be processed and stored for as long as required by the purpose they have been collected for. Kwinkie may be allowed to retain Personal Information for a longer period whenever you have given consent to such processing and for as long as such consent is not withdrawn. Furthermore, Kwinkie may be obliged to retain Personal Information for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after expiration of the retention period.
For questions or concerns regarding this Policy, practices of the Platform, or any other transaction issue, please send an e-mail to email@example.com.
If you feel that Kwinkie is not following this stated Policy, please contact us through the above e-mail link.