KickFees Privacy Policy

(Last revised 12/06/2018)

Introduction

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.

This page (the "Privacy Policy"), in conjunction with our "Consumer Terms & Conditions" (also found at http://www.KickFees.com) and other applicable agreements, informs you (also "User") of our policies regarding the receipt, collection, use and disclosure of Personal Data (as described more fully below) and other information received, collected or generated when Users use the Application. By using the Application, you acknowledge and accept this Privacy Policy. If you do not accept the Privacy Policy, do not use the Application. By accessing or using the Application, you agree to this Privacy Policy.

We may use and share information as permitted by this Privacy Policy, including Users' Personal Data and other information obtained or generated through the Application, in providing and improving the Application. By using the Application, you agree to the receipt, collection, use and sharing of your Personal Data and other information received, collected or generated through the Application in accordance with this Privacy Policy.

If you have questions about this Privacy Policy, please contact us at: support@KickFees.com.



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.



Personal Data

Among the types of personally identifiable information that you may be asked to provide or may be otherwise collected by the Application, either directly or through third parties, are: first and last name, gender, date of birth, phone number, email address, chosen password, ZIP/postal code, marital status, number of children you have, number of nights you go out, a profile image, your geographic location, the last four digits of your credit or payment card, and, for merchants, business name and address (including city, state and ZIP/postal code), business phone number, business website, business type (SIC code), point-of-sale or gateway service provider, hours of operation, average sales amount, and credit card payment information, in addition to other data associated with a User and collected by or through the use of Cookies or Usage Data (see below) or as may otherwise be described in this Privacy Policy or via dedicated explanation text presented contextually with the collection of certain data (collectively, "Personal Data").

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.



Cookies

"Cookies" are files with a small amount of data, which may include an anonymous unique identifier, and may be sent to a User's browser from a web site and transferred to a User's device. The use of Cookies - or of other tracking tools - by this Application or by the operators of third party services used by or interacting with this Application may serve to identify Users and their preferences, for the purpose of providing the Application and related services consistent with User preferences, and to track browsing habits.

Users can instruct their browsers to refuse Cookies or to indicate when a Cookie is being sent. The "Help" feature on most browsers provides information on how to accept Cookies, disable Cookies or be notified when receiving a new Cookie. If Users do not accept Cookies, they may not be able to use some features of the Application.



Useage Data

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 received, collected or generated through the Application is kept for the time necessary to provide the service requested by the User or as otherwise consistent with the purposes outlined in this Privacy Policy, provided that; individual Users may always request the opportunity to review and request changes to Personal Data that they have provided by contacting us at info@welcometoKickFees.com.



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 employ certain third-party service providers in connection with the Application to provide various services and to support the purposes outlined above and may disclose your Personal Data to such third-party service providers. These third parties, who may have or obtain access to Personal Data through the Application or otherwise from us in order to perform specific activities or tasks on our behalf, may have their own privacy policies addressing how they use such information. A list of 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 can be found below, in Exhibit 1 to this Privacy Policy. As noted therein, these third-party service providers may have their own privacy policies addressing how they use such information. Because such third parties may change periodically, if you would like a current list, please contact support@kickfees.com to request.



Communications

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.



Security

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.



International Transfer

Personal Data received or collected by KickFees may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside United States and provide information to KickFees, please note that KickFees may transfer the information, including Personal Data, to the United States and process it there. Conversely, if you are located inside United States and provide information to KickFees, please note that KickFees may transfer the information, including Personal Data, to a jurisdiction outside the United States and process it there. Your acceptance of this Privacy Policy, as reflected by your use of the Application, followed by your submission of such information represents your agreement to any such transfer.



Children's Privacy

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 support@kickfees.com.




California Privacy Rights

California Civil Code §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 support@kickfees.com.



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 Rights

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 support@kickfees.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.



Changes to this Privacy Policy

KickFees reserves the right to make changes to this Privacy Policy at any time and give notice thereof to Users at this page. It is strongly recommended that Users check this page regularly, referring to the date of the last revision shown at the top.

If a User objects to any change to the Policy, the User must cease using the Application and may request that KickFees remove User's Personal Data from the Application, provided that; KickFees reserves the right to retain, use and share Personal Data in anonymized or aggregated form or as incorporated into historical records or documents. Except as otherwise expressly provided herein, this Privacy Policy applies to all Personal Data in KickFees's possession and control.

Latest revision: December 06, 2017.



Exhibit 1 to KickFees Privacy Policy

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
      This service allows the Application to connect with the User's account on the Facebook social network, provided by Facebook, Inc., and, subject to requisite permissions, to retrieve information, including Personal Data, from and to perform certain actions with User's Facebook account. Requested Facebook permissions may cover User's basic information (such as I.D., name, picture, gender, and locale), Friend Lists and primary email address. (For more information about such permissions, please refer to the Facebook permissions documentation and privacy policy.)

      Place of Processing: US - Privacy Policy
    • Access to Stripe account (Stripe Inc)
      This service allows the Application to connect with the User's account on Stripe, provided by Stripe, Inc., and to request information, including Personal Data, from User's Stripe account. (For more information, see Stripe privacy policy.)

      Place of Processing: US - Privacy Policy
  • Advertising
    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.

    Such services may use Cookies to identify Users and/or behavioral retargeting techniques -- i.e. displaying ads tailored to User's interests and behavior, including those detected outside the Application. (For more information, see the privacy policies of the relevant services.)

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.

  • Analytics
    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.)
      Facebook Analytics for Apps is an analytics service provided by Facebook, Inc. that collects and uses Usage Data and various types of Personal Data as specified in the Facebook privacy policy.

      Place of processing: US - Privacy Policy
    • 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.

      Place of processing: US - Privacy Policy - Opt Out
    • TestFlight (Burstly, Inc.)
      TestFlight is an analytics service provided by Apple Inc. that collects and uses Personal Data from Cookies and Usage Data.

      Place of processing: US - Privacy Policy
  • 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)
      Authorize.Net is a payment service provided by Authorize.Net. Personal Data collected is as specified in the privacy policy of the service. Place of processing: US - Privacy Policy
    • Braintree (PayPal Inc.)
      Braintree is a payment service provided by Braintree, a division of PayPal, Inc. Personal Data collected is as specified in the privacy policy of the service. Privacy Policy
    • PayPal (PayPal Inc.)
      PayPal is a payment service provided by PayPal Inc., which allows its users to make online payments using their PayPal credentials. Personal Data collected is as specified in the privacy policy of the service. Privacy Policy
    • Square (Square Inc.)
      Square is a payment service provided by Square, Inc. Personal Data collected is as specified in the privacy policy of the service. Place of processing: USA - Privacy Policy
    • Stripe (Stripe Inc.)
      Stripe is a payment service provided by Stripe Inc. Personal Data collected is as specified in the privacy policy of the service. Place of processing: US - Privacy Policy
  • 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)
      Microsoft Azure is a hosting service provided by Microsoft Corporation. Personal Data collected is as specified in the privacy policy of the service. Place of processing: US - Privacy Policy
    • Amazon Web Services (Amazon)
      Amazon Web Services is a hosting service provided by Amazon.com Inc. Personal Data is as specified in the privacy policy of the service. Privacy Policy
  • 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.)
      The My LiveChat Widget is a service for interacting with the My LiveChat live chat platform provided by CuteSoft Components Inc. The My LiveChat Widget collects Personal Data from Cookies and Usage Data. Place of processing: Canada - Privacy Policy
  • 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)
      Sendgrid is an email address management and message sending service provided by Sendgrid Inc. which collects and uses User's email address. Place of processing: US - Privacy Policy
  • 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.)
      Shopify is a platform provided by Shopify Inc. that allows its users to build, run and host an e-commerce website. Personal Data collected is as specified in the privacy policy of the service. Place of processing: Canada - Privacy Policy
  • 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.)
      Facebook Authentication is a registration and authentication service provided by Facebook, Inc. and is connected to the Facebook social network. Personal Data collected is as specified in the privacy policy of the service. Place of processing: US - Privacy Policy
    • Stripe OAuth (Stripe Inc.)
      Stripe OAuth is a registration and authentication service provided by Stripe, Inc. and is connected to the Stripe network. Personal Data collected is as specified in the privacy policy of the service. Place of processing: US - Privacy Policy
  • 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.)
      AdWords Remarketing is a Remarketing and Behavioral Targeting service provided by Google Inc. that connects activities on or through the Application with the Adwords advertising network and the Doubleclick Cookie. Personal Data is collected via Cookies and as Usage Data. Place of processing: US - Privacy Policy - Opt Out
  • 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.