OUR PRIVACY POLICY

1. DEFINITIONS

"Personal Data" means data about an individual who can be identified from those data (or from those and other information either in Our possession or likely to come into Our possession).

"Transaction Data" means data collected automatically while processing a user request (for example during payment processing).

"Usage Data" means data collected automatically, either generated by the use of Our Services or from the service infrastructure itself (for example, the duration of a page visit).

"Feedback Data" means data collected from Site visitors through Our Kiss or Splat feedback tools ("KS Tools").

"Cookie" means a small file stored on your device (computer or mobile device).

"Data Controller" means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any data are, or are to be, processed. For the purpose of this Privacy Policy, We are a Data Controller of Your data.

"Data Processor" (or "Service Provider") means any natural or legal person who processes data on behalf of the Data Controller. We may use the services of various Service Providers in order to process Your data more effectively.

"Data Subject" means any individual who is the subject of Personal Data.

"The User" is the individual using Our Services. The User corresponds to the Data Subject, who is the subject of Personal Data.

2. INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve Our Services to You.

Personal Data

While using Our Services, We may ask You to provide Us with Personal Data, which are personally identifiable information that can be used to contact or identify You. Personally identifiable information We collect includes:

• E-mail address(es);
• Internet Protocol address (to be used in case of suspected abuse only).

In addition, following personally identifiable information may be collected, among others, for payment processing purposes:

• First and last name;
• Phone number;
• Address, Country, State, Province, ZIP/Postal Code, City;
• Date of birth;
• Credit Card / Debit Card / Account Information.

In addition, following Data Processors may be collecting personally identifiable information through links We provide at the Site: Google, Facebook, Twitter, LinkedIn, WhatsApp, YouTube. Please refer to the corresponding privacy policies of these Service Providers for detailed information.

We use the collected data for various purposes:

• To provide and maintain Our Services;
• To notify You about changes to Our Services;
• For registration to the Site;
• To allow You to participate in interactive features of Our Services when You choose to do so;
• To send You payment confirmations, receipts, notices, etc. either directly or through third parties;
• To provide You with notices about Your purchases, account, and/or subscriptions, including expiration and renewal notices, login-instructions, etc.;
• In any other way we may describe when You provide the information;
• To fulfill any other purpose for which You opt-in;
• For any other purpose with Your consent.

We may use Your Personal Data to contact You in order to provide You links or access codes, offers or products requested by You, information pertaining to products requested by You, and also with other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by writing to Us using Our Contact Form or by following an unsubscribe link. We may also collect background information and credit checks from third parties to verify Your identity, to deter, detect, and prevent fraud and illegal activity, to make business decisions, and as a part of Our legal obligations.

Transaction Data

We collect information on each transaction conducted through the Site. Such information may include: the goods or services purchased, documents that pertain to the goods or services purchased, payment preferences, the amount of the transaction, tax country, payment type, currency, credit or debit card or account information, location address, Internet Protocol address.

We use such information in the first place to facilitate the transaction and to provide Our Services; to carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including for billing, processing payments, collections, and settlement; but also for refunds, dispute resolution, and chargebacks; for customer service, marketing, and surveys, and sending service update notices; for website optimization; for detecting and preventing fraud; for detecting and preventing violations of Our legal agreements; or for other administrative or business purposes. We may share Transaction Data with Our affiliates who provide technical or payment processing services for Us. We retain Transaction Data for as long as reasonably required for business purposes or as reasonably required to comply with Our legal obligations.

We also collect information involving customer service correspondences relating to transactions conducted through the Site. This information may include emails, internet chats, or telephone calls directed to Us. We process this information to provide customer service, handle complaints or disputes, measure and improve Our customer service, detect and prevent fraud, and detect and prevent violations of Our legal agreements. We retain customer service information for as long as reasonably required for business purposes or as reasonably required to comply with Our legal obligations.

Usage Data

We may also collect information that Your browser sends whenever You visit the Site or when You access Our Services by or through any device. This Usage Data may include information such as Your computer’s Internet Protocol address (IP address), browser type, browser version, language, the pages of the Site that you visit, the time and date of Your visit, the time spent on different pages, device identifiers and other diagnostic data.

We use the collected data for various purposes:

• To conduct analysis or gather valuable information to improve Our Services;
• To monitor the usage of Our Services;
• To detect, prevent and address technical issues;
• To customize Our Services.

We use cookies, logs, tags, and scripts to track Your activity at the Site in order to enhance the functionality of the Site and to make Your access more convenient, secure, and efficient. We also use these to monitor website performance, to improve website design, functionality, and security, and to assemble web analytics and activity trends. We retain certain Usage Data (not Personal Data) for as long as reasonably required for business purposes or as reasonably required to comply with Our legal obligations.

Web beacons are objects embedded into web pages that allow us to determine whether and for how long users view web pages. We use web beacons for site traffic reporting, unique visitor counts, auditing and reporting, personalization, and other functions. Your browser may have add-ons that may help you block web beacons.

Feedback Data

We have Our KS Tools installed on several pages of the Site. Using the KS Tools Site visitors can provide voluntary feedback expressing if they like or dislike individual elements of a web page with or without attached comments. Unless You have been invited by Us to act as a "Contributor" to the Site and voluntarily installed a contributor cookie on Your device by entering a code provided to You by Us, these data are anonymous and no personally identifiable information is stored with the data. Feedback left by Contributors can be identified on an individual basis.

We use Feedback Data to better understand Our Users' experiences at the Site and to optimize Our Services. We may display the Feedback Data to Site visitors on an aggregate basis.

Data Stored in Cookies

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to Your browser from the Site and stored on Your device. We use cookies to: authenticate You, track Your session, and to deliver content specific to Your preferences, providing features related to products, services, payment, and other functions you require.

We use following cookies:

• We use one session cookie titled "PHPSESSID": We use this session cookie for page-to-page navigation. As Our web application for managing Your access to Our software is based on multi-page-forms, it cannot function without this session cookie.
• We use one cookie titled "KSConsentCookie": This cookie is used to track if the cookie consent window has already been approved.
• Depending on Your activity at Our Site, We may employ three or more persistent cookies to store Your login information, subscription status, and settings regarding communications from Our Site. If You disallow these cookies, You have to complete the login procedure and re-enter Your information every time You visit Our Site.
• Contributors to Our Site must allow Us to install a persistent cookie to identify them as such.
• We use Google Analytics to obtain statistical data about the use of Our Site. Google sets two cookies to track each user's activity while visiting Our Site.
• Other third party service providers we employ may also set cookies through Our Site where this is required for their providing their services to Us.
• Advertising cookies: Third-party advertisers as well as social media providers we link to may use advertising cookies to serve You with advertisements that may be relevant to You and Your interests.

You can instruct Your browser to refuse all cookies or to indicate when a cookie is being sent. The Help portion of your browser should explain how to configure your browser's cookie handling. However, if You do not accept cookies, You may not be able to use some portions of the Site. In particular, disabling session cookies will prevent Our web application from working properly.

3. RETENTION OF DATA

We will retain Your Personal and Transaction Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with Our legal obligations (for example, if we are required to retain Your data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies.

We will also retain Usage and Feedback Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of Our Services, or We are legally obliged to retain this data for longer time periods.

4. ACCESS TO DATA

Once You have registered at Our Site, Personal Data we retain about You are available for viewing and modification at Your Account Homepage, including Your registered email address(es) and Your subscription details.

Whether registered or not, at Your request, We will provide You with reasonable access to Your personal information, so that You can review what We have stored and, if You choose, request corrections to it. You may request access by writing to Us using Our Contact Form. After You request access, We will provide the personal information that You request as soon as practically possible and generally no later than thirty (30) days following the request. If You wish to correct Your personal information, please send Us a written explanation using Our Contact Form of the particular information that You believe should be corrected. Where information will not or cannot be accessed or amended, We will tell you the reasons.

If you are residing in the European Economic Area, you have the right to:

• Access Your personal information, rectify it, restrict or object to its processing, or request its deletion;
• Receive the personal information You provided to Us or to transmit it to another company. More specifically, based on the European Union laws, You may request and receive copies of the personal information that You have provided to Us in a structured, commonly used, and machine-readable format and/or request Us to transmit this information to another service provider (where technically feasible);
• Withdraw any consent provided;
• Opt-out of some collection or uses of Your personal information, including the use of cookies and similar technologies, the use of Your personal information for marketing purposes, and the use for data analyses;
• Where applicable, lodge a complaint with Your supervisory authority.

We encourage You to Contact Us and We will respond in due time to settle all Your questions and requests to the extent permitted by law.

5. YOUR CALIFORNIA PRIVACY RIGHTS

We never monetize Your information and We are informing You on Our data processing purposes through this Privacy Policy. We will not share personal information We collect about You except to the extent permitted under California law.

If you are a California resident, We want to make sure You have everything You need to make informed decisions. Subject to certain limits under California Law, You have the right to:

• Know how Your personal information is used;
• Access, request, and receive the personal information We have collected in a portable manner;
• Object to having Your data shared, and request that We delete Your Personal Data.

You can make requests about Your privacy rights using Our Contact Form.

6. TRANSFER OF DATA

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of Your province, state, country, or other governmental jurisdiction where the data protection laws may differ from those of Your jurisdiction.

If You are located outside the USA and choose to provide information to Us, please note that We may transfer the data, including Your Personal Data, to the USA and process it there. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

We will take all the steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

7. DISCLOSURE OF DATA

We may disclose personal information that We collect or You provide as described in this Privacy Policy. We share information with the following categories of third parties. Such third parties are prohibited by law or by contract from processing personal information for purposes other than those disclosed in this Privacy Policy.

Organizations that provide services to Us:

We may disclose Your Personal Data to other organizations that perform services on Our behalf. We require such organizations to use such information solely for the purposes of providing services to Us and to protect the Personal Data with appropriate safeguards.

Such organizations include web hosting and database hosting providers and payment processors - in the first place Our Merchant of Record - and may (directly or indirectly) also include money transfer service providers, acquirers, bookkeepers, auditors, background and credit check organizations, fraud prevention service providers and anti-fraud networks, marketing service providers, database managers, customer service providers and representatives, debt collectors, and others who perform technical, logistical, financial, tax, legal, compliance, or administrative functions on Our behalf.

These organizations may perform functions such as providing software as a service, facilitating data storage and processing, processing credit and debit card payments, sending wire transfers, providing background and credit checks, providing fraud checks, providing customer service, analyzing data, supplying marketing assistance, fulfilling orders, sending email, debt collections, and providing other financial, technical, logistical, tax, legal, compliance, or administrative functions.

Financial institutions, payment processors, and acquirers may share the information that We provide to them or that they collect at the Site with other financial institutions or card networks in order to provide financial services, payment services, and to process payments. Fraud prevention service providers and anti-fraud networks may share such information with other fraud prevention service providers and anti-fraud network participants in order to provide fraud checks.

Business sale or merger:

We may share Personal Data in the event of a sale or merger of all or any portion of Our business. Such information remains subject to the promises made in any pre-existing Privacy Policy unless an individual consents otherwise.

Other:

We may disclose Personal Data where:

• We are required by law or by an order or requirement of a court, administrative agency, or other government entity, or by court rules concerning the production of records;
• We have reasonable grounds to believe that use or disclosure is necessary to protect the rights, privacy, property, or safety of Our users or others;
• We have reasonable grounds to believe that the information relates to the breach of an agreement or violation of the law that has been, is being, or is about to be committed;
• It is necessary for fraud protection, risk reduction, or the establishment or collection of funds owed to us;
• It is necessary to enforce or apply our legal agreements, to pursue remedies, or to limit damages to Us;
• The information is public;
• You have provided consent when You provided the information;
• Other reasons allow it or other laws require it.

When We are required or permitted to disclose information, We will not disclose more information than is necessary to fulfill the disclosure purpose. We may disclose aggregate or statistical information to our business partners, for public relations purposes, or other purposes.

8. SECURITY OF DATA

We combine technical and physical safeguards with employee policies and procedures to protect Your information. The security of Your data is important to Us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. We will continue to assess new technology for protecting information and upgrade Our information security systems when appropriate.

We permit only authorized KS employees and third parties to access any Personal Data. If an employee misuses Personal Data, We may take disciplinary action, up to and including termination of employment. If any third party individual or organization misuses Personal Data, We will take action, up to and including termination of any agreement between Us and that individual or organization. Third parties have access to Your Personal Data only to perform tasks on Our behalf and are obliged not to disclose or use it for any other purpose.

9. DATA INTEGRITY

We process Personal Data only for the purposes it was originally collected and in accordance with this Privacy Policy. We take commercially reasonable steps to ensure that the Personal Data is relevant, reliable for its intended use, accurate, complete, and current for the purposes for which it is used. We retain information for as long as reasonably required for business purposes or as reasonably required to comply with Our legal obligations.

10. CONTROLLING COMMUNICATIONS

We may occasionally send You information about Our products and services in addition to communications that are necessary to provide You Our Services. You may at any time opt-out of Our marketing list by notifying Us using Our Contact Form.

11. CI/CD TOOLS

We may use third-party Service Providers to automate the development process of Our Services.

12. BEHAVIORAL REMARKETING

We may use remarketing services to advertise on third party websites to You after You visited the Site. We and Our third-party vendors may use cookies to inform, optimize, and serve ads based on Your past visits to the Site.

13. LINKS TO OTHER SITES

Our Services contain links to other sites that are not operated by Us. If You click a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.

14. CHILDREN'S PRIVACY

Our Services are not intended for use by children under the age of 16. We do not knowingly collect, maintain, or use personally identifiable information from children under 16. If You are under age 16, do not share personal information with Us. If You become aware that a child under 16 has provided Us with Personal Data, please Contact Us. If We become aware that We have collected Personal Data from children under 16 without verification of parental consent, We will take steps to remove that information from Our servers.

15. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, We own the intellectual property rights for all material on the Site. Refer to Our Terms of Service for further details.

Parts of Our Services offer an opportunity for You to post and exchange opinions and information ("Comments") in certain areas of the Site. We do not filter, edit, publish, or review Comments prior to their presence on the Site. Comments do not reflect the views and opinions of Us. Comments reflect the views and opinions of the person who posted their views and opinions. To the extent permitted by applicable law, We shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Site.

We reserve the right to monitor all Comments and to remove any Comments which We deem to be inappropriate. You warrant and represent that:

• You are entitled to post the Comments on the Site and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy;
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Us a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of Your Comments in any and all forms, formats, or media.

16. CHANGES TO THIS PRIVACY POLICY

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will update the "effective date" at the top of this Privacy Policy. We will amend this Privacy Policy in a manner consistent with the Safe Harbor Principles. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

17. ENFORCEMENT AND DISPUTE RESOLUTION

Please Contact Us with any questions or concerns related to this Privacy Policy. We will investigate and attempt to resolve complaints or disputes regarding Personal Data in accordance with this Privacy Policy. For complaints that have not been satisfactorily addressed, You may use the dispute resolution procedures established by the European Union Data Protection Authorities (EU DPAs) for complaints concerning Personal Data from the EU and the Federal Data Protection and Information Commissioner of Switzerland (FDPIC) for complaints concerning Personal Data from Switzerland.

18. CONTACT INFORMATION

If you have questions or concerns related to this Privacy Policy, please write to Us using Our Contact Form. For corporate and other legal matters, please refer to Our Terms of Service.