Privacy Policy

When you using our products which is owned and operated by Kiwishort Inc., that link to this Privacy Policy (collectively, "KIWISHORT," "we," "our", or "us"), you consent to the collection, transfer, storage, processing, disclosure and use of your information as described in this Privacy Policy. This includes any information you choose to provide that is deemed sensitive under applicable law. If you do not agree with the terms of this Privacy Policy, you should not use Kiwishort products.

We collect and process data that we use to provide you with Kiwishort products, notify you of changes to our policies or products, identify or troubleshoot issues, conduct surveys, improve the products we provide to you, market and advertise our products, and otherwise operate our business. Your rights to your personal data and its collection and use are outlined in this policy.

1.Third Parties

This Privacy Policy does not apply to any third-party applications or software that integrate with KIWISHORT products, or any other third-party products, services, or businesses.

BY ACCEPTING THE PRIVACY POLICY, YOU EXPRESSLY AUTHORIZE KIWISHORT TO USE AND SHARE WITH OTHER AFFILIATES OF KIWISHORT INC., AS WELL AS CERTAIN TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE OF THE COUNTRY OF YOUR RESIDENCE (INCLUDING COUNTRIES WHICH DO NOT PROVIDE THE SAME LEVEL OF PROTECTION FOR THE PROCESSING OF PERSONAL DATA AS THE COUNTRY OF YOUR RESIDENCE), THE INFORMATION PROVIDED BY YOU TO KIWISHORT, YOU ACKNOWLEDGE AND AGREE TO THE IMPORTANCE OF SHARING SUCH INFORMATION FOR THE PROVISION OF THE KIWISHORT PRODUCTS. THIS CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH KIWISHORT.

2.Information We Collect Automatically

The following information was collected automatically, including in the last 12 months.

When you use or interact with KIWISHORT products, we may use a variety of technologies that collect information about how the product(s) is accessed and used. This information may include:

a).your interactions with KIWISHORT products (such as what you post, view, upload, download, rate and interact with content);

b).KIWISHORT API usage data;

c).location data (such as GPS data, zip code, and time zone);

d).personal information that may indirectly identify you (such as URL information, cookie data, and your IP address or MAC address);

e).data that may not directly identify you but is collected as you use our products, which may include network connection type and provider, and information related to searches on KIWISHORT.

3.KIWISHORT Account Data

When you sign up for a KIWISHORT account, you create a user profile that must include the following information: your email address. You may have also provided the following information: your name, street address, city, state, zip code, email address(s), phone number(s) including mobile, gender and demographic information, social media profiles and information. We may share this information with third parties as necessary for the purposes of monitoring and enforcement. We may also provide this information to service providers as necessary to provide you with KIWISHORT Products.

4.KIWISHORT Product Data

When you activate a KIWISHORT account, we will also process and store your IP and MAC addresses for which allow us to send information to your device and provide you with KIWISHORT Products. This information may be provided to service providers to provide you with KIWISHORT Products.

5.Functional Data

Certain categories of data collected by KIWISHORT are necessary for your KIWISHORT product to perform its functions and you will not be able to opt out from this data collection, sharing and/or processing and continue to receive the KIWISHORT Products. Data falling into these categories is referred to as "Functional Data" and includes personal data.

6.KIWISHORT Mobile Applications

If you use our products from a mobile device, we may collect, either through your mobile device or the application itself, your mobile device identifier, hardware model, operating system version or mobile network information (as well as any registration data you provide to us). We may also collect geolocation information, which may be used for operational and product-related purposes, such as to customize information based on your location.

7.Customer Support Correspondence

Except as provided herein, when you contact (including, but not limited to, email, or social media channels) our customer support team, we will collect and store the contact information you give them, information about your use of KIWISHORT products. We will also store the communications you have with the customer support team and any information in those communications in order to provide support and improve the products.

8.Service Providers and Partners

We may also receive information about you from our service providers and partners, which we use to personalize your eKiwishortence with the use of KIWISHORT products.

9.User Forums

You may be able to post information (including profile information, unless you designate it as public or as private; as applicable) on areas of a KIWISHORT product that may be viewed by other users or the public. By posting information to areas that may be viewed by other users or the public, you consent to KIWISHORT making that information public. We may display this content on any of the KIWISHORT products and further distribute it to a wider audience through third-party sites or applications.

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on any of the KIWISHORT products and that you give to other KIWISHORT users. You are discouraged from publicly posting your full name, telephone numbers, street addresses or other information that identifies you or allows strangers to find you or steal your identity. Despite this prohibition, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled.

YOU ASSUME ALL RISKS ASSOCIATED WITH INTERACTING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH KIWISHORT PROPERTIES. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING KIWISHORT'S PRODUCTS.

10.How We Use the Information We Collect

Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information in the following ways including in the past 12 months:

a).to provide you with access to the KIWISHORT products;

b).to analyze your usage of KIWISHORT product features;

c).to help ensure technical functionality of the KIWISHORT products, develop new products;

d).to communicate with you for KIWISHORT product or research purposes including via emails, notifications, or other messages, which you agree to receive;

e).to enforce this Privacy Policy, terms of service related to a KIWISHORT product that you are utilizing (including, but not limited to, the KIWISHORT User Agreement), and any other terms that you have agreed to, including to protect the rights, property or safety of KIWISHORT and its affiliates, its users, or any other person, or the copyright-protected content of, or on, a KIWISHORT product;

f).to comply with laws and regulations;

g).and as otherwise stated in this Privacy Policy.

11.How We Share Your Information

KIWISHORT shares your information in the following ways including for the last 12 months:

a).User Consent or Direction

We may share or disclose your information at your direction, such as when you authorize a Third-Party Application to access your account. Based on your permissions, information can be shared with Third Party Applications and with others through Third-Party Applications. If you connect your KIWISHORT account to a Third-Party Application, KIWISHORT may automatically share your activity and actions-relation to a KIWISHORT product with that Third-Party Application, including the content you view.

You understand and agree that a Third-Party Application's use of information collected from you (or as authorized by you) is governed by the Third-Party Application's privacy policy and your settings on the Third-Party Application's service, and KIWISHORT's use of such information is governed by this Privacy Policy and your KIWISHORT account settings.

b).Service Providers and Third Parties

We engage service providers to perform functions and provide services to us in the United States and other countries. We use a variety of service providers to help KIWISHORT provide its products and to help us understand and improve the use of KIWISHORT products. We may share your personal information with such service providers subject to obligations consistent with this Privacy Policy and applicable law.

c).Law and Harm

Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or our users' rights or property (where permitted by law). This includes exchanging information with other companies and organizations for fraud protection. The foregoing notwithstanding, nothing in this Privacy Policy is intended to limit any legal defenses or objection that you may be entitled to raise to a third party's, including a government's, request to disclose your information.

d).Business Transfers and Affiliates

In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. We may also disclose information about you to our corporate affiliates in order to help provide, understand, and improve our and our affiliates' products.

12.How to Access, Update and Manage Your Information

If you are a registered user of KIWISHORT products, we provide you with tools and account settings to access, correct, delete, or modify the information you provided to us and associated with your account. You can access, update, and correct or delete inaccuracies by logging into your account for the particular KIWISHORT product.

CERTAIN CATEGORIES OF THE DATA THAT WE COLLECT, REFERRED TO AS FUNCTIONAL DATA, ARE NECESSARY FOR YOUR KIWISHORT PRODUCT TO PERFORM ITS BASIC FUNCTIONS SECURELY AND YOU WILL NOT BE ABLE TO OPT OUT OF THE COLLECTION OF THIS FUNCTIONAL DATA AND ITS USE TO PROVIDE PRODUCT FUNCTIONALITY.

If you have questions about your privacy on KIWISHORT products, this privacy policy, or information we have about you, please contact us at [email protected]. We will respond to your request in a reasonable period of time upon verification of your identity. We recommend you include documents that prove your identity and a clear and precise description of the information which you request access.

13.Your Right to Know

KIWISHORT collects a variety of personal data and uses this data to provide you with products.

KIWISHORT collects the below-listed types of personal data of its consumers when you initiate your KIWISHORT account, update your account information, interface with us at trade shows or other marketing events, during the course of your time as a consumer, when you are interested in products, and when using the products. KIWISHORT sends this data to the following types of service providers – data analytics companies to help us understand our data and our customers, software tools that help us view and use customer data, service support companies to help us provide excellent customer service, data storage companies who securely store and manage your data on our behalf. We send this data to service providers who are contractually obligated to use this data only for the purposes outlined in our commercial agreements.

a).Identifiers

b).Information in Customer Records

c).Demographic Information

d).Internet or Network Activity

e).Inferences from Above Used to Profile – including your KIWISHORT account history.

f).Geolocation Data

14.How to Request your Data under the Right to Know

If you wish to receive information about what personal data we retain about you, please email your request to [email protected] with ATTN: KIWISHORT CCPA in the subject line. In the event you would like specific pieces of information provided to you, please specify which information categories you would like provided and we will be happy to assist you. KIWISHORT will provide you with information for the preceding 12 months as required by law.

15.How to Request Deletion of your Data

If you wish to have your personal data deleted from KIWISHORT's records please email your request to [email protected] ATTN: KIWISHORT CCPA in the subject line. You have the right to delete your data, however in order to provide you with KIWISHORT products, Functional Data cannot be deleted. Therefore, if you wish to have your personal data deleted from KIWISHORT's records in its entirety, you will need to no longer have a KIWISHORT account. In any event, certain legal or regulatory requirements may require that some of your data to be retained. If you have questions about the process of requesting deletion, please see the section "Processing Your Right to Know and Deletion Requests" below.

16.Process for Right to Know and Deletion Requests

As we will need to verify your identity to fulfill these requests, please send an email and we will attempt to verify your identity via encrypted email. After we are able to verify your identity, we will respond to your request as quickly as possible and generally within 45 days in some cases it may take up to 90 days. You will receive a confirmation by email of either the completion of your request or a return response with your requested data. If we are unable to verify your identity, we will not be able to process your request for information or deletion. If you have issues or concerns, please feel free to contact us. If you are unable to make a request directly (or in the case of death of the consumer), you may legally designate an agent by providing a notarized authorization, power of attorney or other legally binding designation of assignment of rights. Please provide proof of this agency along with your request and we will process your request as quickly as possible.

17.Cookies and Similar Technologies

When you visit KIWISHORT websites, we and our advertising partners may store and access information from your device, including using "cookies", clear GIFs (which are also sometimes called web bugs or web beacons) and browser details. We may collect information such as your browser type, the type of operating system you use, the domain name of your Internet service provider, IP address, pages visited on the site, services used and how you have used them. We and our advertising partners do this for a variety of purposes. In the case of our advertising partners, this may include the personalization of advertisements based on your visits to sites in that party's network.

Please note there is currently no accepted standard to respond to Do Not Track signals and that at least some of the KIWISHORT websites do not currently respond to a web browser's Do Not Track instructions (i.e., "signal"). More information about Do Not Track can be found here. Additionally, we may use Google analytics. Google analytics manages 'Do Not Track' instructions from your browser in accordance with its own privacy policies http://www.google.com/intl/en/policies/privacy/.

18.Children

The KIWISHORT products are not directed to children under the age of 18 and we do not knowingly collect personally identifiable information or personal data from children under 18. If we learn that we have inadvertently gathered personally identifiable information from a child under 18, we will take reasonable measures to remove that information from our records. If you are a parent of a child under age 18 and become aware that your child has provided personally identifiable information to KIWISHORT, please contact us at [email protected] and you may request to exercise your applicable access, rectification, cancellation, and/or objection rights.

19.How Long We Keep Your Information

How long we retain your information depends on why we collected it, how we use it and legal regulations. We will not retain your personal information for longer than is necessary for our business purposes, to meet your request or for legal requirements. When no longer required, we will destroy, erase or de-personalize the information. Legal requirements may necessitate that we retain some or all of the personal information we hold for a period of time that is longer than we might otherwise hold it. You may ask that your personal data be deleted (see Deleting your Data above).

20.Security of Your Information

We use commercially reasonable efforts to safeguard the confidentiality of personal information, including appropriate technological, organizational and physical safeguards. We store personal information in electronic and physical files that are secure, and our security measures include secure on-site and off-site storage. We conduct audits and monitor compliance with our privacy practices.

However, due to the design of the Internet, ever-changing technology and other factors outside of our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties or that we will not be subject to security breaches. We will have no liability for disclosure of personal information due to errors in transmission or unauthorized or unlawful acts of third parties.

You are responsible for the security of your username, ID and password for any of the KIWISHORT products. Please take care when using and storing them.

21.Changes to the Privacy Policy

We may update this policy from time to time. We will notify you of any changes by posting the new policy online on this page, and if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). It is your responsibility to read this Privacy Policy carefully and review any changes that may have been made. Because changes will be posted on this page, we encourage you to check this page regularly.

22.Questions

If you have any questions about this policy, please send an email to [email protected] .