(Last revised 12/06/2018)
KickFees, LLC ("we"" or "us" or "KickFees") operates the KickFees website at http://www.KickFees.com (the "Website") and related applications and services for use by merchants, consumers and others (collectively, with the Website, the "Application"), through which various types of information and data are received, collected and generated.
Data Collection and Use
In connection with accessing and using the Application, KickFees may ask Users to provide certain personally identifiable information that can be used to contact or identify them.
KickFees collects such information primarily for the purpose of providing the Application, identifying and communicating with Users, presenting and servicing offers, responding to requests and inquiries, improving the Application and developing new services. As described more fully below, KickFees may also share such personally identifiable information with certain third parties, including vendors and service providers who help to provide and distribute the Application and/or perform related activities.
Failure of Users to provide certain Personal Data may preclude or limit the availability or performance of the Application and related services.
Users are responsible for any Personal Data of third parties that they provide or share through the Application and confirm that they have obtained all required consents to provide such Personal Data to KickFees.
KickFees may also collect information that Users' browsers send whenever they use the Application ("Usage Data"), including information such as a User's computer's Internet Protocol ("IP") address or domain names of the computers utilized by the Users who use the Application, the URI addresses (Uniform Resource Identifier), the time of a request, the method utilized to submit a request to a server, the size of the file received in response, the numerical code indicating the status of such server's answer (successful outcome, error, etc.), the country of origin, the User's browser type and version, the operating system utilized by the User, the pages of the Website that a User visits, the time and date of such visit, the time spent on the Website's pages, details about the path followed within the Application, with special reference to the sequence of pages visited, other parameters about the device operating system and/or the User's IT environment and other statistics.
KickFees may use such Usage Data for operations and maintenance purposes and engage third party services that collect, monitor and analyze such information in order to enhance the Application's functionality or performance. (See below.)
Processing Personal Data
Processing of Personal Data received, collected or generated through the Application is carried out by or on behalf of KickFees or third parties (such as vendors, service providers, mail carriers, hosting providers, communications agencies and others similarly situated) using computers, software, databases and/or other Information Technology tools that may be located at KickFees's operating facilities or those of such third parties, and employing processes, algorithms, and modes consistent with the purposes referenced herein. Regarding the activities of such third parties, see below.
Personal Data and Third Parties
Personal Data concerning Users is collected to allow KickFees to provide the Application and related services, as well as for the following purposes: accessing third party services' accounts, remarketing and behavioral targeting, analytics, handling payments, registration and authentication, hosting and backend infrastructure, interaction with live chat platforms, managing contacts and sending messages, platform services and hosting, location-based interactions, advertising, contacting Users and social features.
KickFees may use your Personal Data to send push notifications, including marketing or promotional materials and other information that may be of interest to you.
KickFees employs commercially reasonable measures to implement and maintain security procedures and practices appropriate to the nature of the information it receives and stores, in order to reduce the risk of unauthorized access, destruction, use, modification, or disclosure of Personal Data.
Users, however, should be aware that no method of transmission via the Internet or method of electronic storage is 100% secure and KickFees is unable to guarantee the absolute security of the Personal Data we received or collected from Users. Further, KickFees expressly disclaims any responsibility for the acts or omissions of third parties in connection with same.
Only persons age 18 or older have KickFees's permission to access the Application. The Application does not address anyone under the age of 13 ("Children").
KickFees does not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you learn that your Children have provided KickFees with Personal Data, please contact us at email@example.com.
California Privacy Rights
California Civil Code Â§1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at firstname.lastname@example.org.
Other Uses of Personal Data
You acknowledge that Personal Data may also be used or disclosed by KickFees in preparation for or conduct of legal proceedings, in court or in arbitration, including during stages leading to possible legal proceedings, arising from or related to any attempted or actual use or improper use of the Application or related services. KickFees may also use or disclose your Personal Data to apply or enforce "Consumer Terms & Conditions" (also found at http://www.kickfees.com) and other applicable agreements. Furthermore, KickFees may also use or disclose your Personal Data, if KickFees believes disclosure is necessary or appropriate to protect the rights, property, or safety of KickFees, our customers, or others.
You also acknowledge and agree that KickFees may be required to disclose Personal Data upon order or direction of a court or public authority.
Data, including Personal Data, that is received, collected, analyzed, maintained and/or accumulated over time by KickFees and/or its third-party vendors and service providers ("Accumulated Data") may represent a valuable business asset of KickFees. In the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, liquidation or other transfer of any of KickFees's materials assets, including, e.g., the sale of all or substantially all of its assets, KickFees may, at its sole discretion, sell, liquidate or transfer the Accumulated Data (including Personal Data).
Users may inquire, at any time, as to whether their Personal Data has been stored and can contact KickFees: to learn about their contents and origin; to verify their accuracy; to request that they be supplemented, cancelled, updated, corrected, or transformed into anonymous format; to object to any data held in violation of law; or otherwise for any legitimate reason. Inquiries or requests should be directed to email@example.com.
"Do Not Track" Requests
The Application does not support "Do Not Track" requests.
To determine whether any of the related third-party services referenced herein (and in Exhibit 1) support "Do Not Track" requests, please review their privacy policies and related documentation.
Latest revision: December 06, 2017.
Activities involving access to and/or use of Personal Data and certain third parties who KickFees has engaged in the past or may engage in the future to perform same include the following:
- Access to third party services' accounts
This type of services allows the Application to access Personal Data from your account on a third-party service and perform actions with it. These are not activated automatically, but require explicit permission or authorization by User.
- Access to Facebook account
- Access to Stripe account (Stripe Inc)
This type of service allows Personal Data to be utilized to direct advertising, in the form of banners and other advertisements on the Application, possibly based on User interests.
Direct Email Marketing (DEM) (the Application)
The Application uses Personal Data to propose services and products provided by third parties or unrelated to the product or service provided by the Application.
Personal Data collected: email address.
The services in this section enable the respective providers to monitor and analyze web traffic and User behavior.
- Analytics collected/performed directly (the Application)
The Application collects and uses Personal Data from Cookies and Usage Data in an internal analytics system.
- Facebook Analytics for Apps (Facebook, Inc.)
- Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. ("Google") that collects and uses Personal Data from Cookies and Usage Data to track and examine use of the Application and to prepare reports and share them with other Google services. Google may use the Personal Data collected to contextualize and personalize the ads of its own advertising network.
- TestFlight (Burstly, Inc.)
TestFlight is an analytics service provided by Apple Inc. that collects and uses Personal Data from Cookies and Usage Data.
- Contacting the user
- Contact form (the Application)
By filling in the contact form with (or otherwise providing) Personal Data, User authorizes the Application to use same to reply to requests for information, quotes or as otherwise indicated (e.g., by contact form's header).
- Mailing List or Newsletter (the Application)
By registering on the mailing list or for the newsletter, User's email address will be added to a contact list of those who may receive email messages commercial or promotional in nature concerning the Application. Your email address might also be added to such list as a result of signing up for or making a purchase based on an offer presented or promoted by the Application.
- Handling payments
Payment processing services like those below enable payments associated with offers presented or promoted by the Application to be made by credit card, bank transfer or other means. To ensure greater security, the Application shares only the information necessary to execute relevant transactions, with the financial intermediaries handling the transactions. Some of these services may also enable the sending of timed messages to Users, such as emails containing invoices or notifications concerning the payments.
- Authorize.Net (Authorize.net)
- Braintree (PayPal Inc.)
- PayPal (PayPal Inc.)
- Square (Square Inc.)
- Stripe (Stripe Inc.)
- Hosting and backend infrastructure
The type of services shown below host data and files and provide connectivity that enable the Application to run and be distributed to Users. These services often use geographically distributed servers, making it difficult to determine a specific location where Personal Data are stored.
- Microsoft Azure (Microsoft Corporation)
- Amazon Web Services (Amazon)
- Interaction with live chat platforms
This type of services allows Users to interact with third party live chat platforms directly from the pages of the Application, including for contacting and being contacted by the Application support service. If installed, these services may collect browsing and Usage Data on the page(s) where installed, even if Users do not actively use the service. Additionally, live chat communications may be logged.
- My LiveChat Widget (CuteSoft Components Inc.)
- Location-based interactions Geolocation (the Application)
The Application may collect, use, and share User location Personal Data in order to provide location-based services. Most browsers and devices provide tools to opt out of this feature by default. If explicit authorization has been provided, User's geographic location may be tracked by the Application.
- Managing contacts and sending messages
This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User. These services may also collect data concerning the date and time when a message was viewed by User, as well as when User interacted with it, such as by clicking on links included in the message.
- Sendgrid (Sendgrid)
- Platform services and hosting
These services host and run key components of the Application, allowing provision of the Application from within a unified platform which offers a wide range of tools to us for collection and handling of Personal Data - e.g. analytics, user registration, commenting, database management, e-commerce, payment processing. Some of these services work through geographically distributed servers, making it difficult to determine the specific location where Personal Data are stored.
- Shopify (Shopify Inc.)
- Registration and authentication
Upon registering or authenticating Users, the services below may allow the Application to access Personal Data to identify them and provide them with access to dedicated services.
- Facebook Authentication (Facebook Inc.)
- Stripe OAuth (Stripe Inc.)
- Remarketing and Behavioral Targeting
This type of service allows the Application and its advertising service-providers to inform, optimize and serve advertising based on past use of the Application by Users.
This activity is performed by tracking Usage Data and Personal Data using Cookies, which information may then be shared with the entities that manage the remarketing and behavioral targeting activity.
- AdWords Remarketing (Google Inc.)
- Social Features
Inviting and suggesting friends (the Application)
The Application may use Personal Data to allow Users to invite their friends or contacts to join or participate (for example, through an address book if access has been provided) and to suggest friends or connections inside it. Various types of Personal Data are collected.