Last updated and effective as of May 1, 2020.
- When does this Policy apply?
- What is the effective date of this Policy?
- What is our policy on children’s privacy?
- What information about you do we collect and how do we use it?
- Will we share your information with other parties?
- What are your California Privacy Rights?
- What choices do you have about the collection and use of your information?
- What is our policy on tracking?
- What security measures do we take?
- Does this Policy apply outside the United States?
- How can you contact us with questions about this Policy or our privacy practices?
When does this policy apply?
This Policy applies solely to our online information collection, use and disclosure practices in connection with the Sites, and does not apply to any of our practices conducted offline.
This Policy is only applicable to the Sites and not to any other website or service that you may be able to access from any of the Sites, or use in connection with the Sites or the Services. When you click on an advertisement or a logo displayed on any of the Sites that links you to a different website, or when you use any third-party app, tool, widget, plug-in or extension on the Sites or as part of any of the Services, information about you may be collected through automated means. We do not control, and are not responsible for, any third party’s collection and use of your personal information. You should refer to the privacy policies of such third parties to learn about their information collection, use and disclosure practices.
The Services may also have message boards, forums or chat areas, where users can exchange ideas and communicate with one another. When you post to a message board, forum or chat area, please be aware that the information you post is made publicly available on-line.
What is the effective date of this Policy?
This Policy is effective as of the “last updated and effective” date set out at the top of this page. We reserve the right to modify this Policy at any time, and such revisions will become effective upon the earlier of (1) posting of the revisions to the Sites, or (2) distribution of the revisions by electronic mail. Your continued use of any of the Sites or the Services after the effective date of any modifications means that you accept and agree to all such revisions. Please visit this page on a regular basis and check the “last updated and effective” date at the top of this page to ensure that you are familiar with the most recent version of this Policy.
What is our policy on children’s privacy?
The Sites and the Services are not for children under 13 years of age, and we do not knowingly collect or store personal information from users of the Sites or the Services who are under 13 years of age. No personal information should be submitted to or posted at the Sites by visitors who are under 13 years of age. No messages should be sent using the Sites and Services to individuals under the age of 13. If you become aware that your child under 13 years of age has provided his or her personal information to us, please contact us at email@example.com. If we determine that we are storing personal information about a child who is or who was, at the time of providing information, under 13 years of age, we will delete such information from our files immediately.
What information about you do we collect and how do we use it?
By accessing the Sites or using the Services, you may provide to us personal information, including personally-identifiable information that you voluntary choose to disclose to us, such as you name, address, telephone number, e-mail address and credit card information, and non-personally-identifiable information, which we collect through the use of technologies such as “cookies,” “web beacons,” “web logs” or tracking software.
We use the information we collect to monitor and analyze how the Sites and the Services are used, to provide customer service, and to maintain and improve the Sites and the Services. We may also collect technical information to help us identify your mobile device.
You may be asked to submit personally-identifiable information to access or use certain aspects of the Services offered on the Sites – for example, we ask for the following information when you take the following actions:
- Becoming an Email Subscriber: We ask for your name, email address, and birthday or age.
- Creating an account: We ask for your name, email address, password, credit card information, birthday or age, and keep track of your Kofink! user activity. Within you Karonk! account and profile, you can update your preferences and settings. We will keep track of any updates and changes made to your account and profile settings.
- Delivering messages: In addition to your account information, we will ask for name and email address of the individual(s) you are sending a Kafonk! message, animated greetings or Kliq Kardz to. We will use this information to send the message on your behalf and for our lawful business purpose of keeping records of Kafonk! activity.
- Other personally-identifiable information may be collected if you contact us, receive customer or technical support, participate in questionnaires, surveys, and/or sweepstakes or promotions.
- Please note that this is not an exhaustive list and additional information may be requested when taking the actions described above or using other functions of the Sites and Services.
The personally-identifiable information that you provide to us or to third parties on our behalf allows us to fulfill your requests, respond to your questions, contact you about your account or your use of the Site and Services, alert you of new content or services and new product and service features, and inform you of promotions, special events and other offers that we think may be of interest to you. Unless provided otherwise herein, please note that we may retain your personally-identifiable information only for as long as reasonably necessary for the purposes described in this Policy. For example, we may retain your personal information as long as you continue to use and are registered through the Sites and Services. Please be aware that we may also be required to retain your personally-identifiable information for legal and accounting reasons.
We use Google Analytics, a web analytics service provided by Google. Inc. (“Google”). Google uses first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding you and your interactions with the Sites, Services, and other websites. Additionally, we use tracking technologies, including web beacons and web logs (also called “clear GIFs,” “pixel tags” or “pixels”), to monitor and analyze how the Sites and the Services are used, to provide customer service, and to maintain and improve the Services. Web beacons and web logs allow our servers to automatically record information that your browser sends whenever you visit the Sites. This information includes the time and date of your visit, your Internet Protocol address, your geographic location (your zip code, your area code and/or your time zone), your browser type and version, the Sites and the Services you use, and when and how long you use them. We use this information to monitor and analyze how the Sites and the Services are used, to provide customer service, and to maintain and improve the Sites and the Services. We may also use this information to deliver content, including ads, relevant to your interests, on the Sites and on third-party websites. We may also collect technical information to help us identify your mobile device. Mobile devices typically provide users with the ability to disable location services. If you have questions about how to disable the location services on your mobile device, you should contact your mobile service provider or your device manufacturer.
We may also use data analysis software to observe how users interact with the Sites and Services.
Will we share your information with other parties?
We may use your personal information to provide analysis of the users of the Sites and the Services, in the aggregate, or after it has been anonymized, to prospective partners, advertisers and other third parties. We may also share your non-personally-identifiable information with our business partners for the purpose of their delivering content on the Sites and on third-party websites.
We will not sell or rent your personal information and we will only share your personally identifiable information as provided herein. We may disclose your personal information to our employees, agents, contractors and sub-contractors, and to our related and affiliated entities, and their respective employees, agents, contractors, sub-contractors, for the limited purpose of enabling them to communicate with you directly about events and promotions that may be of interest to you. We will share your personal information with other parties under the following circumstances:
- Asset Transfers. If we become involved in a merger, acquisition, or other transaction involving the sale or transfer of some or all of our assets, or in the event of an insolvency or bankruptcy, the information, including personally-identifiable information, collected from you through your use of the Sites may be included in the transferred assets. Should such an event occur, we will use reasonable measures to notify you, either through e-mail or a prominent notice on the Sites.
- Service Providers. We may share your personally-identifiable information with the companies that provide e-commerce tools for the Sites or the Services. For example, Data Driven Design (https://datadriven.design/) designed and help operate the Sites and Services, Mail Chimp (https://mailchimp.com/) provides services for sending our e-mail, YouTube (www.YouTube.com) provides video playback services, and Stripe (https://stripe.com/) and PayPal (https://www.paypal.com/us/webapps/mpp/home) provide software and services for processing our payment transactions. These companies and other service providers may access your personal information that they need in order to perform their services on our behalf.
- Sweepstakes and Contests. If we offer, and you choose to participate in, any on-line promotions, such as a sweepstakes or a contest, your personally-identifiable information collected in connection with a promotion may be shared with the third-party sponsor of the promotion, or as otherwise provided in the Official Rules. You should carefully review the Official Rules of each promotion in which you choose to participate through the Sites, as the Official Rules may contain additional important information about a third party’s collection and use of your information. To the extent that the Official Rules of any promotion conflict with this Policy, the Official Rules will govern collection and use of your personal information in conjunction with that particular promotion.
What are your California Privacy Rights?
If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose the following information with respect to our collection, use and disclosure of personal data. Please note that the Sites and Service became active on May 1, 2020. Prior to this date and in the preceding 12 months, we did not collect any persona information or sell any personal information.
- Categories of Personal Data Collected: We collect the following categories of personal information: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet and electronic network activity, geolocation data, inferences drawn about your preferences, and other categories of personal data that relates to or is reasonably capable of being associated with you. For examples of the precise data points we collect, please see “What information about you do we collect and how do we use it?” above.
- Business or Commercial Purpose for Collecting and Using Personal Information: We collect personal data for the business purposes described in the “What information about you do we collect and how do we use it?” section above.
- Categories of Sources of Personal Information: We collect personal data from you and the sources described in the “What information about you do we collect and how do we use it?” section above.
- Categories of Third Parties With Whom We Share Personal Data: We may share your personal data with the third parties as described in the “Will we share your information with other parties?” section above.
- Sale of Personal Data: We does not sell your personal data.
California consumers have the right to request access to their personal data, additional details about our information practices and deletion of their personal data (subject to certain exceptions). California consumers also have the right to opt out of sales of personal data, if applicable. We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal data. We will not discriminate against you if you choose to exercise your rights under the CCPA.
Right to Know: You may request access to the specific pieces of personal data we have collected about you in the last 12 months. You may also request additional details about our information practices, including the categories of personal data we have collected about you, the sources of such collection, the categories of personal data we share for a business or commercial purpose, and the categories of third parties with whom we share your personal data. You may make these requests by emailing us at firstname.lastname@example.org. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.
Deletion: You may request that we delete the personal data we have collected about you. Please note that we may retain certain information as required or permitted by applicable law. You may make these emailing us at email@example.com. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to deleting your data in order to protect your privacy and security. If you request to delete your personal data, certain of our products and services may no longer be available to you.
What choices do you have about the collection and use of your information?
For any of the Services that include an account access, you may review, update or delete your personal information, and modify your account preferences for the Services, by contacting us firstname.lastname@example.org. To update or delete personal information that you had provided in connection with any other Services, you may contact us at email@example.com. Please note that when you delete your account or request that we delete your personal information, we may retain your information for a reasonable period of time, for the purpose of internal account management and fraud prevention.
If you no longer wish to receive our e-mail announcements, you may unsubscribe from receiving them at any time by clicking on the link “Manage Your Subscription Preferences” or “Unsubscribe” appearing at the bottom of our e-mails, and by following subsequent instructions or contacting us at firstname.lastname@example.org. If you send an e-mail to us to change your contact preferences, we will implement your requested changes within a reasonable amount of time. Please note that your requested changes will not be effective until we implement such changes. Please also note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.
If you choose to join a mobile marketing list offered by us, please be aware that there are usually costs associated with receiving SMS or MMS messages, which are determined by your carrier. You should contact your carrier to determine the charges that may apply, before you sign up to receive our updates via SMS or MMS. If you wish to stop receiving such messages from us, at any time, simply write “STOP” in a reply to any message from us.
You agree that, in the event that any dispute or claim arises out of or relating to this Policy or our privacy practices, you will attempt to negotiate, in good faith, a written resolution of your dispute or claim directly with us and/or our affiliates or subsidiaries, depending on your concern. You agree that if your dispute or claim remains unresolved for forty-five (45) days after notification (via Certified Mail or personal delivery) that a dispute or claim exists, the parties shall join in mediation services in Nashville, Tennessee, with a mutually chosen mediator, in an attempt to resolve the dispute or claim. Should you file any arbitration claims, any administrative actions, or any court actions without first having attempted to resolve your dispute or claim by mediation, then you agree that you will not be entitled to recover any costs of the proceeding, including, without limitation, your attorneys’ fees or other costs, even if you would otherwise be entitled to them.
What is our policy on tracking?
You may be able to adjust your browser’s settings to turn on a “do not track” feature. Although our policy may change in the future, because there is no uniform standard for “do not track” signal recognition currently, we do not support “do not track” and will not honor your web browser’s “do not track” signal.
We do not intentionally or knowingly allow other parties to collect personal information about your online activities over time and across different websites, when you visit the Sites or use any of the Services.
What security measures do we take?
The personal information that you provide to us is processed and stored by our service providers, who design protocols and procedures to ensure the security of such information. In addition, we restrict access to personally-identifiable information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Sites and the Services. However, no data transmission over the Internet or through mobile telecommunications can be guaranteed to be completely secure, and, for this reason, we cannot ensure or warrant the security of any information that you transmit to us or that is transmitted to us as a result of your use of the Sites or any of the Services. You can help protect your personal information by using strong passwords, changing your password often, using a secure web browser, and signing off and closing your web browser when you are finished with the use of the Sites.
Does this policy apply outside of the United States?
We comply with United States privacy laws and regulations. Except as set out below, we do not represent that the Sites are governed by or operated in accordance with the laws of other nations, or that the Sites or the Services are appropriate or available for use in any particular location. If you choose to access the Sites or the Services, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. Except as set out below, by using any part of the Sites or the Services, visitors to the Sites from outside the United States acknowledge and agree that the Sites are subject to the United States laws and regulations, and waive any claims that may arise under their own national laws.
If you are a resident of the European Union, you have certain rights under the General Data Protection Regulation, which are outlined below:
- The right to be informed
- The right of access
You have the right to obtain access to your personal information (if we [or a third party on our behalf] are processing it), and certain other information such as the reasons why we are processing or storing it. This is so you are aware and can check that we are using your personal information in accordance with data protection legislation and your agreement.
- The right to rectification
You are entitled to request that your personal information is promptly corrected if it is identified as being inaccurate or incomplete.
- The right to erasure
This is also known as “the right to be forgotten” and, in simple terms, enables you to request the deletion or removal of your information under certain circumstances where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.
- The right to restrict processing
You have rights to “block” or suppress further use of your personal information. When processing is restricted We can still store your information but may not be able to process it further. We maintain lists of people who have asked for further use of their personal information to be “blocked” to make sure the restriction is respected in future.
- The right to data portability
You have rights to obtain and reuse your personal data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy or transfer your information easily between our IT systems and theirs safely and securely, without affecting its usability.
- The right to object to processing
You have the right to object to certain types of personal data processing, including processing for direct marketing activities.
- The right to lodge a complaint
You have the right to lodge a complaint about the way we have handled or processed your personal data with your national data protection regulator.
- The right to withdraw consent
If you have given your consent to anything we do with your personal data, you have the right to vary or withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). This includes your right to withdraw your consent to us using your personal data for marketing purposes.
We usually act on validated requests and provide the requested information or activity free of charge, but by law we are allowed to charge a reasonable fee to cover our administrative costs of providing the information for:
- baseless or excessive/repeated requests, or
- further copies of the same information.
Alternatively, there are reasons why we may be entitled to refuse to act on the request.
Please consider your request responsibly before submitting it. We’ll respond as soon as we can. Generally, this will be within one month from when we receive your validated request but, if the request is going to take longer to deal with, We will let you know.
How can you contact us with questions about this Policy or our privacy practices?
If you have questions about this Policy or our privacy practices, please contact us. Please include your name and your contact information in your mail or e-mail correspondence.
c/o Milom Horsnell Crow Kelley Beckett Shehan PLC
3310 West End Avenue, Suite 610
Nashville, Tennessee 37203
Phone: (877) 522-7622
© 2020 Kafonk®. All Rights Reserved.