II. PERSONAL INFORMATION WE COLLECT
A. Information You Give Us You may be asked to provide personal information to submit or request information from us, or to use the Service, including to create an account / profile on the Application. This information may include information such as your name, e-mail address, postal address, mobile phone number, date of birth, a photo and a user name, as well as additional profile and demographic information. Once you provide us with personal information about you, you are no longer anonymous to us.
Except for physical location information and tracking technologies (as described below), you do not have to give us any personal information to browse this Site. However, you may be asked to provide personal information to submit or request information from us, or to use the Service offered through this Site and the Application. Once you provide us with your personal information, you are no longer anonymous to us. This information may include:
Registration Information: When you sign up on the Site, you are required to provide information such as your name, email address, and password. In addition, you may be asked to provide optional information to enhance the Site experience.
Additional Information: Additional information that you provide to us, including through feedback, pictures or videos you upload, messages, emails, event registrations, written or video testimonials, answers to surveys or questionnaires that you may submit.
B. Location Information. In order to access and use the Service, you consent to our collection and use of your physical location information if you use the Service on a location-enabled device (including GPS, cellular, and Wi-Fi networks) or from your browser.
C. Automated Information Collection
We (and our affiliates and business partners) may collect certain information about your use of the Service through the use of tracking/recording technologies or by other passive means. This “passively collected” information may include, but is not limited to, the domain name of the website that allowed you to navigate to the Service, search engines used, the internet protocol (IP) address used, the length of time spent using the Service, the pages you looked at while using the Service, other websites you visited before and after using the Service, the type of internet browser you have, the frequency with which you use the Service, and other relevant statistics, including the following:
Log Information. When you access the Service, our servers automatically record information that your browser or mobile device sends whenever you visit a website or use a mobile application. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, name of your internet service provider or your mobile carrier, one or more cookies (small text files containing a string of characters) that may uniquely identify your browser and location data collected from your mobile device.
Location Information. We may also receive location data passed to us from location-enabled devices or that you have enabled, from your browser, or from third-party services.
Links. The Service may include links in a format that enables us to keep track of whether these links have been followed by IP addresses. We use this information to improve the quality of our products and design.
URLs. When you access the Service, we automatically receive the URL of the site from which you came and the site to which you are going when you leave the Service.
Web Beacons. Web beacons (also known as “pixel tags” or “clear GIFs”) are 1x1 single-pixel graphics that allow us to count the number of users who have visited or accessed the Service and to recognize users by accessing our cookies. We may employ web beacons to facilitate Service administration and navigation, to track the actions of users of the Service, to compile aggregate statistics about Service usage and response rates, and to provide an enhanced online experience for visitors to the Service. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened.
Mobile Device Specific Information. When you access the Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or the Application, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, WiFi location or similar information regarding the location of your mobile device.
Social Media. When you interact with the Service through a social media website or mobile application, we may receive information from such social media website or mobile application such as your profile information, profile picture, gender, user name, user ID associated with such social media account, age range, language, country, friends list, and any other information such social media website or mobile application is permitted to share with third parties. The data received from a social media website or mobile application is dependent upon and subject to your privacy settings with such social media website or mobile application.
Messaging. We collect information you send in messages through the Service, as well as in any messages you send to the Company.
Aggregate Information. We may compile certain anonymised personal information and other information collected through the Service on an aggregate basis. This information may include, without limitation, the number of people who have visited the Service and other user demographics. Such aggregate information does not identify you individually.
III. Use of Personal Information
Kuula complies with its obligations under GDPR by: keeping personal data up to date where needed based on the purposes for which the personal data is being processed; by not collecting or retaining excessive amounts of data; by ensuring that appropriate technical measures are in place that are designed to protect personal data from loss, alteration, misuse, unauthorized access and disclosure as it is transmitted, stored, or otherwise processed, and by using appropriate measures to securely destroy personal data when it is no longer needed by Kuula.
Personal information collected through the Service may be used or disclosed by us and our affiliates for purposes of:
Providing support and responding to your feedback and inquiries, including to investigate and address your concerns and monitor and improve our responses;
Providing the Services you select through this Site;
Contacting you, whether by email, postal mail, or telephone with information about the Service, and any of our other products or Service;
For such purposes as you may authorize at the time you submit the information;
Fulfilling or meeting the reason you provided the information or implicitly authorize when submitting the information. For example, if you share your name and contact information to ask a question about our products or Service, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new orders;
Auditing, research, and analysis to maintain, protect, and improve the Service;
Ensuring the technical functions of our network;
Improving and customizing the content and layout of the Site or the Application;
Tailoring advertisements or marketing campaigns to you;
Developing new products and services;
Compiling personal information and other information collected through the Service on an aggregate basis;
Creating, maintaining, customizing, and securing your account with us;
Processing your requests, purchases, transactions, and payments and preventing transactional fraud;
Responding to law enforcement requests and as required by applicable law, court order, or governmental regulations;
Evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of the Service and/or customers is among the assets transferred; or
As described to you when collecting your personal information or as otherwise set forth in the applicable law.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
IV. Personal Information We Share
We do not sell, rent, trade, or otherwise share personal information collected through the Service, except we may share information as described below:
You are solely responsible for any such information you choose to post on or through the Service. All information that is posted to a message board, chat area, testimonial upload, or other public area of the Service may be shared by us with others.
Subsidiaries and Affiliates. We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.
Service Providers. We work with third parties that provide services on our behalf. Such services may include website hosting, marketing, and website / mobile application usage analytics. We may share personal information and non-personal information with these third parties for the purpose of enabling them to provide these services. We do not bear any responsibility for any actions or policies of such third parties.
Consent. We may share personal information in accordance with any consent you provide.
Required by Law. We may disclose personal information or any information collected through this Service if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.
Certain Transactions. We may disclose or transfer personal information or any information collected through the Service to third parties who acquire all or a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
Third Party / Behavioral Tracking. We may share, or we may permit third parties, including social media websites or advertisers, to collect your personal information, including data regarding location, browsing behavior or use of the Service through cookies, social plug-ins, or other tracking technology, so that such third parties may display ads relevant to your interests on the Service as well as on other websites or services, or on other devices you may use.
V. Aggregate Information
VI. Your Choices
A. Information You Provide You can always choose whether or not to provide information on the Service. However, if you choose not to disclose certain information, you may not be able to register as a user of the Service, which may limit your access to certain portions of the Service.
B. Communications From Us If at any time you decide that you no longer wish to receive notices from us regarding the Service, you may indicate this preference by contacting us at email@example.com.
The right to request a copy of your personal data which the Company holds about you;
The right to request that the Company correct any personal data if it is found to be inaccurate or out of date;
The right to request your personal data be erased where it is no longer necessary for Company to retain such data;
The right to withdraw your consent to the processing at any time of personal data to which you provided consent for processing;
The right to request that Company provide you with a copy of your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability);
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction be placed on further processing;
The right to object to the processing of personal data (where applicable); and
The right to lodge a complaint with a data supervisory authority.
The Company may transfer personal data to and on behalf of clients and third parties with whom the Company has an existing service agreement (see our published Privacy Notice) or as part of our legal obligations, each of which shall be subject to the Company policies, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party).
VII. Information Storage and Security
We employ reasonable security precautions to help protect against the loss, misuse, and alteration of personal information provided on or through the Service. However, no method of transmitting or storing data is completely secure. As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Service. If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below.
VIII. A Special Note about Children
Children are not eligible to use the Service, and we ask that minors (children under the age of 16) not submit any personal information to us. If you are a minor, you can use the Site only in conjunction with your parents or guardians.
IX. Privacy Notice for California Residents
If you are a California resident, you have the right under California’s “Shine the Light” law (Section 1798.83 of the California Civil Code) to receive once a year, free of charge: (1) information identifying each third party company to whom we may have disclosed, within the past year, personal information pertaining to you for that company’s direct marketing purposes; and (2) a description of the categories of personal information disclosed to that third party company in the immediately preceding calendar year. If you are a California resident and would like to make this request, please email firstname.lastname@example.org.
Additionally, the California Consumer Privacy Act of 2018 (CCPA) provides California residents with specific rights regarding their personal information. The remainder of this section describes your rights under the CCPA and how to exercise those rights:
Access to Specific Information, Data Portability, and Deletion Request Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you: (a) the categories of personal information we collected about you; (b) the categories of sources for the personal information we collected about you; © our business or commercial purpose for collecting or selling that personal information; (d) the categories of third parties with whom we share that personal information; (e) the specific pieces of personal information we collected about you (also called a data portability request); and (f) if we sold or disclosed your personal information for a business purpose, two separate lists disclosing (1) sales, identifying the personal information categories that each category of recipient purchased; and (2) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
You also have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request through one of the Company’s contact methods listed in Section XII below. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.
You may make a verifiable consumer request for access or data portability twice within a 12-month period. The request must: (a) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (b) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. If we find that your verifiable consumer request unless is excessive, repetitive, or manifestly unfounded, we may charge a fee to respond to it, and will provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing us at email@example.com. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing us at firstname.lastname@example.org. You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; © provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
X. External Links
XI. Special Admonitions for International Use
All matters relating to the Service are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located.
XII. Updates to this Privacy Statement
XIII. Questions and Consumer Requests Regarding this Policy
If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under applicable law, please do not hesitate to contact us at:
Postal Address: Kuula, Inc. Unit 42988, PO Box 6945, London, W1A 6US
In certain circumstances, Kuula, Inc. is the data controller for the purposes of GDPR or other data protection laws applicable in Member states of the European Union and other provisions related to data protection.
Any data subject may, at any time, contact us directly with any questions and suggestions concerning data protection. We encourage interested persons to raise any concerns about the collection, use, or processing of personal data using the contact information provided. In the event of a privacy related issue or complaint, we will investigate and attempt to promptly resolve any complaints and disputes regarding use and disclosure of personal data.
Should you have cause to complain about how we handle your personal data, please contact us in the first instance. We will do our best to resolve your concern. Alternatively, you may prefer to submit a complaint directly to the Information Commissioner’s Office (ICO) or to the Supervisory Authority of the EU Member State where you live or where you work. For further details on how to complain to the ICO, please follow the links below: https://ico.org.uk/concerns/ or https://ico.org.uk/global/contact-us.