KIND.EST Privacy Policy


Last modified: April 15, 2020

Introduction

Welcome!  KIND.EST LLC (“Company”, “We” or “Us”) respects your privacy and we are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit our website www.kind-est.com (“Website”), and our other related mobile websites, services, and tools (collectively, our “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Scope and Consent

This policy applies to information we collect:

  • On the Site.

  • In email and other electronic messages between you and this Site.

  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other unrelated website operated by Company or any third party; or 

  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site.  By accessing or using this Site, you agree to this privacy policy and you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy below). Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this privacy policy to check for any changes.

Children Under the Age of 13

Our Site is not intended for children under 13 years of age.  No one under age 13 may provide any personal information to or on the Site.  We do not knowingly collect personal information from children under 13.  If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under 13, please contact us at info@kind-est.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Site, including information:

  • by which you may be personally identified, such as name, e-mail address, or any other identifier by which you may be contacted online or offline (“personal information”);

  • about your internet connection, the equipment you use to access our Site and usage details.

  • other information that does not identify you, such as age, and gender.

We get information about you in a range of ways:

  • Information You Provide to Us.  The information we collect on or through our Site may include:

    • Information that you provide by filling in forms on our Site or in email, text, or other electronic messages between you and our Site, including information provided at the time of registering for an account on our Site, subscribing to our Site or for any services offered through our Site, or requesting further services or information. We may also ask you for information when you report a problem with our Site.

    • Information that you post or provide to us such as feedback or recommendations or opinions;

    • Records and copies of your correspondence (including email addresses), if you contact us.

    • Your responses to surveys that we might ask you to complete for research purposes.

User Contributions. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk.  Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Social Media Information. We may offer services that allow you to share information with third-party social media websites such as Facebook, Instagram, Twitter, LinkedIn, and others.  When you like your account or engage with our Site through third-party social media sites, you understand that you may be allowing us to have ongoing access to certain information stored on those social media sites (e.g., your public profile, friend list, people you follow or who follow you, your email address, birthday, work history, education history, interests, current city, religious and political views, website, personal description, and likes, and your friends’ birthdays, education histories, personal descriptions, and likes).  We may receive certain information about you which is stored on social media sites if other users of those sites give us access to their profiles and you are one of their friends or connections depending upon your settings on those third-party social networking sites.   We may also receive other information (e.g., content viewed and information about the advertisements within the content you have been shown or may have clicked on, etc.) from your interaction with our Site.  The information we have access to from the third-party social media websites varies by website and is controlled by your privacy settings on that website and by your consent.  The information that may be passed to analytics providers and advertising partners is via cookies and tracking technologies.  Please see below for information including your choices in relation to these technologies.   

Special Categories of Personal Information.  We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, criminal convictions, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) unless you choose to include that information on any User Contribution.  

Mobile Information. We may collect additional information from you if you access our Site through a mobile device (e.g., your unique device identifier, device’s operating system, mobile carrier, location or GPS/geo-location).  

Information We Collect Through Automatic Data Collection Technologies.  When you visit the Site, we may use cookies and other tracking technologies for a variety of purposes and to enhance your online experience, for example, by remembering your log-in status and viewing preferences from a previous use of our Site, for when you later return to the Site.  As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

  • Geo-location information to provide certain location-based services that you request.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Site according to your individual interests.

  • Recognize you when you return to our Site.

Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.    This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services (particularly those that require you to sign in) may not function properly if your cookies are disabled. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. Deleting cookies does not prevent the collection of information through non-cookie technologies and does delete Local Storage Objects (LSOs) such as Flash objects and HTML5. If you choose to delete Flash objects from our sites, then you may not be able to access and use all or part of the sites or benefit from the information and services offered.

We and our third-party partners may also use cookies and tracking technologies for advertising purposes. [For more information, see our Cookies and Tracking Technologies Policy. ] 

How We Use AND RETAIN Your Information 

We generally use your personal information where we need to do so in order to perform the contract we have entered into with you, where it is necessary for our legitimate interests, and where we need to do so in order to comply with a legal obligation.  More specifically, we use information that we collect about you or that you provide to us, including any personal information:

  • To present our Site and its contents to you.

  • To provide you with information, products, or services that you request from us.

  • To fulfill any other purpose for which you provide it.

  • To provide you with notices about your account or registration.

  • To personalize your experience by providing content on the Site.

  • To improve the Site.

  • To notify you about changes to our Site or any products or services we offer or provide though it.

  • To allow you to participate in interactive features on our Site.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We use aggregate information about our users and non-personal information to analyze Site and user behavior and prepare aggregated reports.  

We use information from the Site to prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities, and enforce our Terms of Use.

When you access the Site on a mobile device, we may use the information collected for any purpose set forth in this Privacy Policy.  For example, we may use this information to provide you with location-based services, such as advertising, search results and other personalized content.  

We do not use automated decision-making.  We do not use automated decision making and profiling regarding personal data.

We retain information as long as it is reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.  We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.  To determine the appropriate retention period for your personal information, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting and other requirements.  

For Personal Information subject to the European Union General Data Processing Regulations ("GDPR"), we rely on several legal bases to process the data. These legal bases include where:

The processing is necessary to perform our contractual obligations in our Terms of Service or other contracts with you;

You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);

The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;

The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing the Site, marketing the Site, such as new features or products that may be of interest, and promoting safety and security as described above.]

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of 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 our Site users is among the assets transferred.

  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.

  • To fulfill the purpose for which you provide it. 

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our Terms of Use. 

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to info@kind-est.com. 

  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to info@kind-est.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. 

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

Accessing and Correcting Your Information

You control the personal data you share with us.  You can object to our processing of your data, request that our processing be restricted, review or request changes to your personal data, or request that your account be deleted and we erase your data by contact us at info@kind-est.com.  

You may opt out of receiving direct marketing emails by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to info@kind-est.com. 

You may exercise any of these rights free of charge.  However, we may charge a reasonable fee or refuse to act on a request if the request is manifestly unfounded or excessive, in particular because of its repetitive character.  

Your privacy is important to us, so we will ask that you provide sufficient information to verify your identity before we respond to your requests.  In some situations, we may refuse to act or impose limitations on your right if, for instance, it is likely to adversely affect the rights and freedoms of others, prejudice the execution or enforcement of the law, or interfere with pending or future litigation.  

If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Contributions, is governed by our Terms of Use.

For more information on your rights, please contact info@kind-est.com. 

NOTICE TO CALIFORNIA RESIDENTS

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Site 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 send an email to info@kind-est.com.   For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code.  In the body of your request, please provide enough information for us to determine if this applies to you.  You need to attest to the fact that you are a California resident and provide a current California address for our response.  Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

How We Respond to Do Not Track Signals for California Residents

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings.  We do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.  We continue to review new technologies and may adopt a standard once one is created.

Data Security

We store and process your information on our services located in the United States.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

It is your responsibility to make sure that your personal information is accurate and that your password(s) and account registration information are secure and not shared with third parties. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

EUROPEAN UNION DATA PROTECTION

Residents in the European Union are entitled to certain rights with respect to personal information that we hold about them under the General Data Protection Regulation (GDPR):

Right of access and portability. The right to obtain access to your personal information, along with certain related information, and to receive that information in a commonly used format and to have it transferred to another data controller;

Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete;

Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed;

Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information; and

Right to object. The right to object, on grounds relating to your particular situation, to the processing of your personal information, and to object to processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here:  https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

LINKS TO OTHER WEBSITES AND SERVICES

The Site may contain links to and from third-party websites of our business partners, advertisers, and social media sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and their practices are not covered by this privacy policy. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us in any of the ways set forth below: 

Email:

info@kind-est.com