KICK ONLINE PRIVACY POLICY

Last modified: September, 2018

1. Introduction

This Privacy Policy describes how Kick collects and uses Personal Data about you through the use of our Sites, mobile applications, and through email, text, and other electronic communications between you and Kick.

Kick Health, Inc. (“Kick” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website www.gokick.com or use our mobile app (each, a “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

It does not apply to information collected by:

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 Sites. By accessing or using the Sites, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Sites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Data Controller, Data Protection Officer, and Representative

Kick is the data controller of the Personal Data you provide on the Sites. Kick will appoint a Data Protection Officer and a representative prior to May 25, 2018 and will update this Privacy Policy when it does.

Kick is the data controller of your Personal Data. At this time, Kick is not required to appoint a Data Protection Officer or a representative in the EU, and has elected not to do so. Kick may be contacted in any manner set forth below in the “Contact Information” Section of this Privacy Policy.

3. Children Under the Age of 18

Our Sites are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Sites. We will remove any information about a child under the age of 18 if we become aware of it.

Our Sites are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Sites. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Sites or on or through any of its features/register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of our Sites 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 Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please contact us at support@gokick.com.

4. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally

We collect several types of information from and about users of our Sites, specifically information (“Personal Data”):

We collect this information:

Information You Provide to Us

The information we collect on or through our Sites are:

information that you provide by filling in forms on our Sites. This includes information provided at the time of registering to use our Sites, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Sites;

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 or marketing purposes;

details of transactions you carry out through our Sites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Sites.

The Personal Data we collect from you is required to enter into a contract with Kick, for Kick to perform under the contract, and to provide you with our products and services. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

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

Details about the automated data collection technologies and the specific cookies that we use can be found in our Cookie Policy.

5. Lawful Basis for Processing Your Personal Data

We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

6. Special Categories of Information

We may process some Personal Data considered sensitive and subject to special protections.

Personal Data collected and processed by Kick may be considered sensitive, including personal data that reveals your racial or ethnic origin, and personal data concerning your mental and physical health. Kick processes this information only to the extent necessary to carry out its obligations under the law or to the extent necessary to protect Kick’s legitimate interests.

7. Automated Decisions Making

We generally do not use your Personal Data with any automated decision making processes.

Kick does not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.

8. How We Use Your Information

We use your Personal Data for various purposes described below, including to:

We use information that we collect about you or that you provide to us, including any Personal Data:

With your consent, we may also use your information to contact you about our own and third-parties’ products and services that may be of interest to you. If you wish to consent to this use, please check the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by logging into the Sites and adjusting our user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request at support@gokick.com . 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 Data 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.

9. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We disclose your Personal Data to a few third parties, including:

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

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

We may also disclose your Personal Data:

10. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for third-parties to advertise to you, our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information . When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website ( www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website ( www.aboutads.info). 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 also opt out of receiving targeted ads from members of the NAI on its website.

11. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

12. Do Not Track Signals

We or our third party advertising partners may use automated data collection technologies to track you across websites. While you can disable cookies, our Sites currently do not recognize do-not-track signals that may be sent by some browsers.

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, while you can disable cookies using your browser, our Sites do not recognize such signals.

13. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Sites confidential.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Sites like message boards. The information you share in public areas may be viewed by any user of the Sites.

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

14. Consent to Processing of Personal Data in the United States/In Other Countries Outside the European Economic Area

We may process your Personal Data outside of your home country, including to the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data.

If you are a resident of the European Economic Area (“EEA ”), in order to provide our Sites, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data.

Your Personal Data is transferred by Kick to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. By using our Sites, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Sites] To ensure your Personal Data (other than Personal Data you provide directly to us on our Sites) is treated in accordance with this Privacy Policy, Kick uses Data Protection Agreements between Kick and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third party. You may request a copy of the Data Protection Agreement by contacting us through the Contact Information below.

15. Data Retention Periods

We retain your Personal Data for as long as you keep your account open. In some instances, we may keep it after you close your account, for example we may keep it:

Kick will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:

16. Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Sites. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. 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 Sites’ home page. If we make material changes to how we treat our users’ Personal Data, we will notify you through a notice on the Sites’ home page. The date this 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 Sites and this Privacy Policy to check for any changes.

17. Contact Information

You may contact our Data Protection Officer through the contact information below. If you wish to contact us, you must contact both us and our representative through the contact information below or through the “Contact Us” page on our Sites.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you can contact us at the contact information below or through the “Contact Us” page on our Sites.

Kick Health, Inc.
981 Mission St #53
San Francisco, CA 94103
United States
415-723-6001
support@gokick.com