Kozist Privacy Policy
Last Updated: February 11, 2021
Welcome to Kozist! Kozist, Inc. (“Kozist”, “we”, “our” or “us”) is committed to privacy. We understand that you may have questions about how and why we collect, use, protect and disclose your Personal Data. This Privacy Policy describes our privacy practices applicable to the Personal Data we collect, use and disclose in connection with the operation of our websites, including, but not limited to, kozist.com and kozistapp.com, along with the features, functionalities, applications, browser extensions and other services available through our websites (collectively, our “Websites”) and our mobile applications, including, but not limited to, the Kozist App available through the Apple App Store and the Google Play Store, along with the features, functionalities, applications, browser extensions and other services available through our mobile applications (collectively, our “Apps”). The Websites and the Apps, along with our business operations related to the operation of the Websites and the Apps, are referred to in this Policy as our “Platform”.
You can access and interact with our Platform in many ways, including from a computer or mobile device. This Policy applies regardless of how you access or interact with our Platform. Depending on you interact with our Platform, there may be some cases where we need to provide you with additional information about how we use your Personal Data and/or what options you have regarding our use of your Personal Data. We may provide this additional information via notices on the Platform or via direct communications with you. If we do this, unless we tell you otherwise, the additional information will apply in addition to what is described in this Policy.
Please read this Policy carefully. If you do not want us to collect, use or disclose your Personal Data in the ways described in this Policy, please do not use our Platform, provide us with our Personal Data or authorize a third party to make your Personal Data available to us. By using the Platform, providing us with your Personal Data or otherwise making our Personal Data available to us, you acknowledge that you understand that we may use your Personal Data as described in this Policy. Please note, as described in this Policy, we may receive your Personal Data from third parties that have not expressly advised you that they will disclose your Personal Data to us. If you have any questions about how we collect, use, protect, disclose or otherwise process Personal Data, including whether we have received your Personal Data from a third party, please contact us by email at help@kozist.com or by mail at Kozist, Inc., PO Box 93, Douglas, MI 49406.
1. PERSONAL DATA AND OTHER INFORMATION WE COLLECT
When we refer to “Personal Data” in this Policy, we mean any information that identifies or relates to a specific person. This might be information that directly identifies someone, such as their name, or it may be information that identifies someone only when combined with other available information, such as a person’s activity on the Platform when associated with their username. Please note, except as provided under applicable laws, Personal Data does not include information that is publicly available through government records.
We mainly collect Personal Data in connection with our Platform to operate and make the Platform available, improve our Platform to provide an enjoyable experience and communicate with users.
1.1 Personal Data We Collect. Depending on how you use our Platform or otherwise interact with us or other users on the Platform, we may collect the following categories of Personal Data about you:
a. Identifiers and contact information, such as your real name or alias, physical address, email address, IP address and similar information;
b. Online identifiers you use, such as your username, social media handles and similar information;
c. Account information, such as your username, password and similar information;
d. Demographic information, such as your age, gender and similar information;
e. Location information, such as where you live, where you are located and similar information;
f. Information about what you look like and similar information;
g. Information about your interests, hobbies and similar information; and
h. Other information you provide us.
1.2 Usage Information. We may collect information about the devices that access or interact with our Platform (“Usage Information”), which may include:
a. Device information, such as the IP address, general geographic location, operating system, browser type, language preferences, mobile phone number, device identifier and other similar information associated with a computer or mobile device used to access or interact with our Platform;
b. Information about interactions with our Platform, such as links that are clicked, pages or screens that are viewed, access and session times, interactions with emails we send and other similar information associated with activities on our Platform;
c. Information about internet and network activity, such as websites visited, search engine results and similar information associated with a computer or mobile device that accesses or interacts with our Platform;
d. Information automatically collected by cookies and other technologies on our Websites and/or Apps; and
e. Any other information that a browser or device automatically sends whenever connecting to a website or an online application.
Usage Information, by itself, generally does not identify the specific person using the computer or mobile device that generated the Usage Information. This means that it usually will not be considered Personal Data and our use of such Usage Information is not subject to this Policy. However, if we link Usage Information directly with other Personal Data or other information that could identify a specific person, we will treat the linked Usage Information as Personal Data and use the linked Usage Information as described in this Policy.
For more information about how we collect Usage Information, please see the “How We Collect Usage Information” section below.
2. HOW WE COLLECT PERSONAL DATA
For the most part, we collect Personal Data directly from our users and others that provide their Personal Data to us directly. In some cases, we may collect Personal Data from third parties in the ways described in this Policy. This section describes the primary ways we collect Personal Data in connection with our Platform.
2.1 Directly From You. When you use our Websites or Apps, or otherwise engage with us in connection with our Platform, such as requesting more information about Kozist, communicating with us, using the Websites or Apps or otherwise interacting with us, we may ask you to provide certain Personal Data. Some features of our Platform require us to collect your Personal Data. If you do not provide us with the Personal Data we request, you may not be able to use all of the features of our Platform if that Personal Data is necessary to provide you with the applicable features of our Platform or we are legally required to collect it.
2.2 From Third Parties. We may obtain Personal Data about you from third parties through or in connection with our Platform. These third parties may include our business partners, our service providers, mobile app stores (such as Google and Apple), social media sites, ad networks, analytics providers and other third parties that are authorized to share information about you with us. We may also collect Personal Data about you from other users of our Platform, including those that refer you to our Platform.
3. HOW WE COLLECT USAGE INFORMATION
We collect Usage Information in a variety of ways. Some Usage Information, such as the IP address of the device or computer attempting to access our Platform, is necessary to for us to make the Platform available. Other Usage Information, such as information about what features that are popular, helps us improve our Platform. This section describes the primary ways we collect Usage Information in connection with our Platform.
3.1 Website and Apps Systems. When you access our Websites and Apps, our systems automatically record Usage Information that your browser or device sends whenever you visit a website or utilize an application as well as Usage Information about how long you a device is connected to our Websites and Apps, as well as the activities that device engages with while connected to our Websites and Apps.
3.2 Cookies.We may automatically collect Usage Information by uploading small data files (generally known as “cookies”) to the hard drive or other storage on devices that access our Websites and Apps. Among other things, cookies help us improve our Websites and Apps and our users’ experience. We use cookies to see which areas and features are popular and to understand usage of our Websites and Apps. We use first party cookies, served directly by us to the devices that access our Websites and Apps, which are used to recognize devices when they revisit our Websites and Apps. You can learn more about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, by visiting https://www.allaboutcookies.org/ and, if you are in the European Union (“EU”) or the United Kingdom (“UK”), by visiting https://www.youronlinechoice.com/uk/.
3.3 Other Tracking Technologies. We may collect Usage Information using web beacons, clear gifs, pixel tags or other similar technologies. These technologies are electronic images that may be used on our Websites or Apps, or in emails we send. We may use these technologies to deliver cookies, count visits, understand usage and observe data on email delivery, open rates, click rates, bounces, unsubscribes and other information.
Please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
4. HOW WE USE PERSONAL DATA AND OTHER INFORMATION
We use the Personal Data we collect for various purposes to operate and improve our Platform. This section describes the primary purposes for which we use the Personal Data we collect.
4.1 Marketing Purposes. We may use the Personal Data we collect for our own marketing purposes, including notifying you of special promotions, opportunities, offers and events via push notifications, e-mail and other means, all subject to our compliance with applicable laws. We may also link Personal Data (including your name, mobile phone number, and email address) with other information (including information we automatically collect as described in this Policy) and use such linked information for our own marketing purposes. If you do not want us to use your Personal Data for marketing purposes, you may opt-out in accordance with the “Managing Your Personal Data” section below.
4.2 Non-Marketing Purposes. We may use the Personal Data we collect for non-marketing purposes, including: (1) validating your identity; (2) sending you emails to provide you with alerts and updates about your engagement with our Platform; (3) conducting statistical or demographic analysis; (4) complying with legal and regulatory requirements; (5) customizing your experience with our Platform; (6) protecting and defending Kozist against legal actions or claims; (7) preventing fraud; (8) satisfying contractual obligations; (9) cooperating with law enforcement or other governmental agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that disclosure of Personal Data is necessary or appropriate to protect the public interest; and (10) for other business purposes permitted under applicable law.
4.3 Use of Anonymized and Other Non-Identifying Information. We may use Usage Information and other information in the aggregate to conduct research studies and for other purposes. We will not collect additional categories of Personal Data or use Personal Data we collect in connection with our Platform for materially different, unrelated or incompatible purposes without providing you notice.
5. SHARING PERSONAL DATA WITH THIRD PARTIES
For business purposes, we may share certain Personal Data we collect in connection with our Platform from and about you, and about your relationship with us, with certain third parties. Doing so allows us to operate our Platform. This section describes the categories of third parties we may share your Personal Data with and the purposes for that sharing.
5.1 Third Party Service Providers. Your Personal Data may be shared with, or collected on our behalf, by third party service providers who provide us with services, including, but not limited to, marketing, data hosting or processing. We require these third party service providers to exercise reasonable care to protect your Personal Data and restrict their use of your Personal Data to the purposes for which it was provided to them. Our service providers include, but are not necessarily limited to:
a. Disciple Media Limited (“Disciple”), a service provider that processes Personal Data on our behalf in connection with certain portions of our Platform as described in our Terms of Service, available at https://kozist.com/terms-of-service or through our Apps. To learn more about Disciple’s privacy practices, please see their privacy policy, available at https://www.disciplemedia.com/privacy-policy/.
b. SurveyMonkey Inc. (“Survey Monkey”), a service provider that we use to conduct surveys through our Platform. Please note, all responses to surveys are anonymous and Survey Monkey does not provide us any Personal Data to us in connection with our surveys. To learn more about Survey Monkey’s privacy practices, please see their privacy policy, available at https://www.surveymonkey.com/mp/legal/privacy/.
c. Google and Apple, the mobile app stores that distribute our Apps, who process Personal Data on our behalf in connection with our Apps, which may include, delivering our Apps and processing payments related to our Apps. To learn more about Google’s privacy practices, please see their privacy policy, available at https://policies.google.com/privacy. To learn more about Apple’s privacy practices, please see their privacy policy, available at https://www.apple.com/legal/privacy/.
5.2 Sale of Our Business; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us, including Personal Data. We reserve the right, in connection with these types of transactions, to transfer or assign your Personal Data and other information we have collected to third parties or to authorize such third parties to use any such information. Except as ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Data will be subject to this Policy. However, any Personal Data you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
5.3 Compliance with Laws and Law Enforcement.We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any Personal Data and other information to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to and defend against legal claims, for legal process (including subpoenas), to protect our property and rights or those of a third party, to protect us against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive or legally actionable activity, to protect the security and integrity of our Platform and any equipment used to make the Platform available or to comply with applicable law.
5.4 As Directed by You. Upon your consent and/or pursuant to your instructions, we will share your Personal Data with others.
5.5 Anonymous Information. We may provide anonymized information to third parties. Any anonymized information we provide to third parties is not considered Personal Data and is not subject to this Policy.
6. THIRD PARTY PERSONAL DATA COLLECTION
Based on the nature of our Platform, third parties may collect information from or about you. This section describes the different categories of third parties that may collect information about you in connection with our Platform.
6.1 Linked Third Party Content. Any links to other websites, applications or other third party content on our Websites or Apps, are not an endorsement, authorization or representation of our affiliation with that third party and we are not responsible for the content, privacy and security policies and practices of any third party. We encourage you to read the privacy policies or statements applicable to any third party websites, applications or content you access.
6.2 Other Users. Depending on how you interact with our Platform, other users may collect information about you that is published or otherwise generally made available on our Platform. All users of our Platform are subject to our Terms of Use, which are available https://kozist.com/terms-of-service and in the Terms and Conditions on our Apps. While we place restrictions on what our users are allowed to do with information made available to them on the Platform, we are not responsible for any misuse of any information, including your Personal Data, by any user. If you believe that another user has misused your Personal Data or any other information available on the Platform, please contact us at help@kozist.com.
7. MANAGING YOUR PERSONAL DATA
We offer you several choices with respect to how we use your Personal Data. This section describes the mechanisms available to you to control the Personal Data we use about you in connection with our Platform.
7.1 Tools to Contact Us. If you want to update any Personal Data you have provided us, update your preferences, control communications we send to you or otherwise contact us about your Personal Data, you can:
a. Send us an email at help@kozist.com;
b. Contact us through the “Contact Us” link on our Websites, available at https://kozist.com/contact; or
c. If you have an account with us, by accessing the Account Settings feature available on your profile page when you are logged on to our Websites or Apps, as applicable.
7.2 Additional Tool for Communications. For email communications you receive from us, you may opt-out of receiving such communications by following the unsubscribe instructions contained in most email messages from us. Your unsubscribe request or email preference changes will be processed promptly, though this process may take several days. During that processing period, you may receive additional emails from us. Please note, opting out of email communications will only apply to marketing and other promotional emails and will not apply to any email or other communications sent for non-marketing purposes, including, but not limited to, emails and other communications about your use of the Platform.
8. PAYMENT CARD INFORMATION
We do not collect, store or process any payment card information. All payments are processed through your account with Google or Apple, as applicable.
9. PROTECTING YOUR PERSONAL DATA
We are committed to protecting the security of your Personal Data. We maintain commercially reasonable safeguards to maintain the security and privacy of Personal Data we collect and use in connection with our Platform. Nevertheless, when disclosing Personal Data, you should remain mindful that there is an inherent risk in the use of email and the internet. Your Personal Data and other information may be intercepted without our knowledge or consent, collected illegally and/or used by third parties that are not affiliated with and/or controlled by us. We cannot guarantee the security of any information, including your Personal Data, that you disclose online, and you do so at your own risk.
10. CHILDREN’S PRIVACY
We do not knowingly collect or allow the collection of Personal Data in connection with the Platform from anyone under the age of 13. If we learn that we have collected the Personal Data of anyone under the age of 13, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 13 and discover that your child has submitted Personal Data to us, you may contact us at help@kozist.com and ask us to remove your child’s Personal Data from our systems.
11. INTERNATIONAL TRANSFERS
Personal Data collected through or in connection with your use of our Platform may be stored and processed in any country in which we or our suppliers, services providers or agents maintain facilities. By using our Platform, or otherwise engaging with us, you expressly consent to any transfer of your Personal Data outside of your country (including to third countries that may not have been assessed as having adequate privacy laws). Nevertheless, we take steps to ensure that our suppliers, service providers and agents comply with our standards of privacy regardless of their location.
12. CALIFORNIA PRIVACY RIGHTS
If you are a California resident, under California’s Shine the Light Law, you have the right, once per calendar year, to request that we provide you with the following information regarding the manner in which we share certain categories of Personal Data with third parties for their direct marketing purposes:
a. The categories of Personal Data we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
b. The names and addresses of the third parties that received the Personal Data; and
c. If the nature of the third party’s business cannot be determined from their name, examples of the products or services they market.
This information may be provided in a standardized form that is not specific to you. The designated email address for these requests is help@kozist.com.
13. EUROPEAN PRIVACY RIGHTS
If you are located in the European Economic Area (“EEA”) or Switzerland, you have certain rights with respect to your Personal Data. Following is a summary of those rights and additional information applicable to our collection and use of your Personal Data.
13.1 Data Controller. When you provide us with your Personal Data through or in connection with your interaction with our Platform, we serve as a data controller. When we act as a data controller we determine how your Personal Data will be used, in accordance with this Policy.
13.2 Legal Basis for Processing Personal Data.We rely on several legal bases to process your Personal Data. These legal bases include where:
a. The processing is necessary to perform our contractual obligations to you;
b. You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes where we obtain your consent from time-to-time);
c. The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims; and
d. The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing and developing our Platform, marketing new features or products that may be of interest to you and promoting safety and security as describe above, so long as such legitimate interests do not outweigh your rights and freedoms.
If you have any questions about, or would like additional information concerning, the legal bases on which we collect and use your Personal Data, please contact us by emailing help@kozist.com.
13.3 Rights Under the EU General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP). The GDPR and FADP provide you the following rights in respect of your Personal Data that we collect and use:
a. Right of access. The right to obtain access to your Personal Data.
b. Right to rectification. The right to obtain rectification of your Personal Data without undue delay where that Personal Data is inaccurate or incomplete.
c. Right to erasure. The right to obtain erasure of your Personal Data without undue delay in certain circumstances, such as where the Personal Data is no longer necessary in relation to the purposes for which it was collected or processed.
d. Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Data in certain circumstances, such as where the accuracy of the Personal Data is contested by you, for a period enabling us to verify the accuracy of that Personal Data.
e. Right to portability. The right to portability allows you to move, copy or transfer Personal Data easily from one organization to another.
f. Right to object. You have a right to object to processing based on legitimate interests and direct marketing.
If you wish to exercise one of these rights, please email us at help@kozist.com. You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
13.4 Retention of Personal Data. We reserve the right to retain any Personal Data collected from individuals located in the EEA or Switzerland as long as it is needed to: (1) fulfill the purposes for which we collected the Personal Data; and (2) comply with applicable law.
13.5 Transfers of Personal Data. If you are located in the EEA or Switzerland, the Personal Data we collect may be stored, processed and otherwise made available in any country in which we or our suppliers, third party electronic payment processors and/or financial institutions or agents maintain facilities or where our Platform is accessible, including, but not limited to, the United Kingdom and the United States of America. YOU CONSENT TO ANY AND ALL PERSONAL DATA YOU PROVIDE AND SUBMIT VIA THE PLATFORM BEING PROCESSED AND, WHERE APPLICABLE, MADE AVAILABLE IN THE UNITED KINGDOM AND THE UNITED STATES OF AMERICA. The United States of America has not sought nor received a finding of “adequacy” under the GDPR or FADP. We rely on derogations for specific situations as set forth in the GDPR and FADP to transfer data to the United States and other countries. YOU ARE ALSO INFORMED THAT THE UNITED STATES OF AMERICA PRESENTLY DOES NOT HAVE AN ADEQUATE LEVEL OF PERSONAL DATA PROTECTION AS DETERMINED BY THE APPLICABLE EU AND SWISS AUTHORITIES AND HAS NOT RECEIVED A SIMILAR DESIGNATION OF ADEQUACY BY ANY OTHER FOREIGN DATA PROTECTION AUTHORITY. YOU AGREE TO THE TRANSFER OF YOUR PERSONAL DATA TO THE UNITED STATES OF AMERICA AND THE USE OF SUCH PERSONAL DATA AS DESCRIBED IN THIS POLICY.
13.6 Obligations to Data Protection Authorities (DPAs). We will respond diligently and appropriately to requests from DPAs about this Policy or our compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designed to handle this process. With regard to transfers of Personal Data, we will: (1) cooperate with inquiries from the DPA responsible for the entity exporting the data; and (2) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of Personal Data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.
14. UPDATES TO THIS POLICY
We reserve the right to change this Policy at any time. If we decide to change this Policy, we will post those changes on this page so that you are always aware of what Personal Data we collect, how we use it and under what circumstances we disclose it. As we may make changes to this Policy from time to time, with or without notifying you (subject to our compliance with applicable laws), we suggest that you periodically consult this Policy for any changes. Your continued use of the Platform or other engagement with us after the effective date of any modifications to this Policy will be deemed to be your acknowledgement and agreement to the changed terms.
15. HOW TO CONTACT US
We welcome your questions, comments and concerns about privacy. Please email us at help@kozist.com with your feedback pertaining to privacy. You may also write to us at:
Kozist Inc.
PO Box 93
Douglas, MI 49406
Copyright © 2023 Kozist - All Rights Reserved.
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