Privacy Policy

(a) Terms & Conditions

 

This Site and the App are owned and operated by Kin Wellness Limited of 6th Floor, Kildare House,3 Dorset Rise, London, EC4Y 8EN, United Kingdom («Kin»). VAT number: 843850612] The Kin Group (which means Kin Wellness Limited and its associated companies) (individually and collectively, «Kin,» «We,» «Our» or «Us») is committed to protecting Your privacy and this Privacy & Cookies Policy sets out Our privacy practices. Please take the time to review this Privacy & Cookies Policy carefully as it tells You how Your Personal Information will be treated by us.

 

For the purposes of the Data Protection Act 1998, We are a data controller.

 

By using any Kin site, including this Kiqplan website at www.kiqplan.com (each a «Site»), any Kin mobile device application, including this Kiqplan mobile application (each an «App») and Our services and programs (“Services”) through any such Site and/or App, You unconditionally agree to be bound by this Privacy & Cookies Policy. Kin wants to offer You the best possible Internet experience. Consequently, additional functions, features, products or services are incorporated into the Kin’s Sites and/or the Apps from time to time. For convenience, the words «user,» «You» and «Your» as used in this Privacy & Cookies Policy refer to users of the Site and/or the App.

 

For the purposes of this Privacy & Cookies Policy, «Personal Information» is information that (i) You provide to Kin and (ii) personally identifies You. Personal Information includes Your name, email and postal address, billing, credit card and banking information, telephone numbers and other data that can be used to personally identify or contact You.

 

This, and Our commitment to protecting the privacy of Your Personal Information, may result in periodic changes to this Privacy & Cookies Policy. As a result, please remember to refer back to this Privacy & Cookies Policy regularly to review any amendments. Any questions regarding Our Privacy & Cookies Policy should be directed to Kin’s Privacy & Cookies Policy Manager (see the section «Contacting us» below).

 

(b) The Information We Obtain And Manage

 

The Personal Information that the Kin may collect from You and/or manage includes, but is not limited to:

 

Contact information such as email and postal addresses and telephone numbers; Credit card and banking information; Information relating to Your health and physical fitness, including, but not limited to, Your weight, blood pressure the number of steps You take when wearing Your Kin device and Your use of the Services; and Purchasing activities. Except as otherwise provided in this Privacy & Cookies Policy, Kin will store all information provided by You in its secure data servers during the time You subscribe to or otherwise use Kin products and/or services, and for a period of at least three (3) years after the end of such term. Kin uses commercially reasonable efforts to ensure that such information is secure and to protect against its loss, misuses, and alteration of the information under Kin’s direct control. Notwithstanding the foregoing, Kin cannot guarantee that its security measures will prevent its computers or devices from illegal or otherwise unauthorised access. For the avoidance of doubt, Kin will not retain Your credit card or other banking information without Your separate, prior written authorization.

 

© How We Obtain The Personal Information

 

Kin may obtain, collect, retain, store or otherwise maintain Your Personal Information from the following sources:

 

Information that You provide to Us when You initiate communications with Us, subscribe to Our newsletter, respond to a survey published by Us, subscribe to or use the Services, or purchase goods and services from Us; Your access to and any use of any Site and/or the App and any programs enabled through a Site and/or the App; Your entries for sweepstakes and other promotions provided or sponsored by Us; Your responses to communications from Kin. From time to time, Kin may communicate with You through email, postal mail or other forms of electronic communications regarding Your subscription to Kin Magazine, Your purchases of goods and services from Us and the Site and/or the App. If You respond to these communications, Your responses may contain Personal Information; and Third parties to whom You have provided Your Personal Information and have consented to those third parties sale, rental or transfer of such Personal Information. You can decline to provide Your Personal Information to Kin by not engaging in the activities described above. If You decline to submit Personal Information, Kin may not be able to or may choose not to provide to You some or all of the features available on the Site and/or the App or some of the products or services that it offers.

 

This, and Our commitment to protecting the privacy of Your Personal Information, may result in periodic changes to this Privacy & Cookies Policy. As a result, please remember to refer back to this Privacy & Cookies Policy regularly to review any amendments. Any questions regarding Our Privacy & Cookies Policy should be directed to Kin’s Privacy & Cookies Policy Manager (see the section «Contacting us» below).

 

(d) Why do We collect and use Personal Information for?

 

In order to:

 

Administer Your accounts and subscriptions with us; Process orders, payments or applications submitted by You; Customize the services and programs We provide to You; Administrate or otherwise carry out Our obligations in relation to any agreement You have with Us including Your subscription to Our service; Verify Your identity (for example, in the event You are a competition winner); Anticipate and resolve problems with any goods or services supplied to You; Carry out market research and tracking of sales data; Send You information about products and services (if You have chosen to receive such information); We need to collect and process Personal Information about You (including Your name, a user name, gender, birth date, and, in connection with Your password, an answer to a question that only You would know). We may ask You for this information through Our Site and/or the App, or via one of Our telephone operators. Certain information is collected automatically, as described later in this Privacy & Cookies Policy.

 

Although We do not make it compulsory to give Us every item of information We ask for, the more information You volunteer (and the more accurate it is), the better We can tailor Our services for You.

 

Kin restricts access to Personal Information to those employees, contractors and agents of Kin who need to access Personal Information for the purposes specified above. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.

 

Certain Kin products or services may be offered in conjunction with Our carefully chosen partners such as product fulfilment partners. If in order to use that service or purchase a particular product, Your Personal Information needs to be shared or if Our partner needs to collect and use it, then We will tell You when You first go to use that service. Please note that certain products or services may be unavailable if You do not want to disclose the Personal Information You are asked for.

 

(e) Log Files/IP Addresses

 

When You visit Our Sites and/or the Apps, We may automatically log Your IP address (the unique address which identifies Your computer or device on the Internet) which is automatically recognized by Our web server. We use IP addresses to help Us administer the Site and/or the App and to collect broad demographic information for aggregate use.

 

(f) Non Personal Information

 

We may automatically collect non-personally identifiable information about You such as the type of Internet browsers You use, the site from which You linked to Our Sites and/or the Apps, Internet Protocol address, browser language, the date and time of Your request, date and time of access and referrer Uniform Resource Locator. You cannot be identified from this information and it is only used to assist Us in providing an effective service on Our Sites and/or the Apps. We may from time to time supply the owners or operators of third party sites from which it is possible to link to Our Sites and/or the Apps with information relating to the number of users linking to Our Sites and/or the Apps from their sites. You cannot be identified from this information.

 

(g) Employee And Group Program Membership

 

If Your subscription to the Services and/or purchase of a Kin device was made through, in connection with or provided, arranged or paid (in whole or in or part) by Your employer, insurance provider or other group (individually and collectively, “Third Party Providers”), We may, from time to time, provide Your Third Party Provider with information regarding Your activity, nutrition, health data and other information regarding use of the Services all as part of aggregated and statistical data. In providing this information to Third Party Providers, Kin may identify groups of individuals (such as teams or departments). However, You cannot be personally identified from this information.

 

With Your consent, We may provide Your Third Party Provider with data concerning Your activity, nutrition, health data and other information regarding Your use of the Services.

 

(h) Information Placed On Your Computer/Device

 

When You interact with Our Site and/or the App, We try to make that experience simple and meaningful. When You visit Our Sites and/or the Apps, Our web server sends a cookie to Your computer or device. Cookies are small pieces of information which are issued to Your computer or device when You visit a Site and/or the App and which store and sometimes track information about Your use of the Site and/or the App. A number of cookies We use last only for the duration of Your web session and expire when You close Your browser. Other cookies are used to remember You when You return to the Site and/or the App and will last for longer.

 

We use cookies to:

 

remember that You have visited Us before; this means We can identify the number of unique visitors We receive. This allows Us to make sure We have enough capacity for the number of users that We get; remember Your selected country; customize elements of the promotional layout and/or content of the pages of the Site and/or the App (depending on whether You are an existing member who has logged in or are a visitor to the Site and/or the App); collect anonymous statistical information about how You use the Site and/or the App (including how long You spend on the Site and/or the App) and where You have come to the Site and/or the App from, so that We can improve the Site and/or the App and learn which parts of the Site and/or the App are most popular with visitors; allow Our partners to gather information about the pages on the Site and/or the App that You visit, and also other information about other Sites that You visit, so as to place You in a “market segment”. This information includes the name of Your Internet service provider. This information is then used to place interest-based advertisements on the Site and/or the App which it is believed will be relevant to Your market segment. For more information about this type of interest based advertising, and about how to turn this feature off please visit www.Youronlinechoices.co.uk [or follow the link to the Site and/or the App of Our advertising partners shown below; and tracking which third party sites You visit before and after visiting Our Sites and/or the Apps, for the purposes of Our participation in third party affiliate marketing programs. Some of the cookies used by Our Sites and/or the Apps are set by us, and some are set by third parties who are delivering services on Our behalf.

 

Most web browsers automatically accept cookies but, if You prefer, You can change Your browser to prevent that or to notify You each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note, however, that by blocking or deleting cookies used on Our Sites and/or the Apps, You may not be able to take full advantage of Our Sites and/or the Apps.

 

In addition to cookies, tracking Gifs may be set by Us or third parties in respect of Your use of the Site and/or the App. Tracking Gifs are small image files within the content of the Site and/or the App or the body of Our newsletters so We or third parties can understand which parts of the Site and/or the App are visited and whether particular content is of interest.

 

(i) Information Placed On Your Computer/Device

 

We may store some information (commonly known as a «cookie») on Your computer or device when You look at Our Sites and/or the Apps. This information facilitates Your use of Our Sites and/or the Apps and helps Us to provide You with the best level of service. For example, cookies ensure that You do not need to re-enter Your details every time You visit Our Sites and/or the Apps and help Us to show You advertisements which are relevant to Your interests.

 

You can erase or block cookies from Your computer or device if You want to (Your help screen or manual should tell You how to do this), but certain Kin services may not work correctly if You set Your browser not to accept cookies.

 

(j) Improving Our service

 

If You have agreed that We can, staff from Kin, or from Our agents, may contact You from time to time by e-mail or by telephone in order to get Your views and comments on the service We provide to You.

 

(k) Disclosing Your Information To Others

 

Except as otherwise set forth herein, Kin does not share Your Personal Information with third parties without Your consent, except when We believe that it is reasonably necessary to do so in order to comply with a subpoena or other judicial order or process, as otherwise permitted or required by applicable UK, US or other law or in order to enforce any of Kin’s Terms of Service (including the Kiqplan Terms of Service). In such circumstances, Your Personal Information may also be disclosed to Kin’s attorneys.

 

Your Personal Information will be accessed, collected, stored and processed by Our affiliates and other third-party service providers outside of the European Economic Area (EEA), including in the United States. Our service providers are given the information they need to perform their designated functions, and We do not authorise them to use or disclose Personal Information for their own marketing or other purposes. Where Your Personal Information is transferred outside of the EEA, and the relevant countries do not have similar data protection laws to the EEA, We will take all reasonable steps to ensure that Your privacy rights continue to be protected. By submitting information via the Site and/or the App, You agree to this accessing, collecting, storing and processing. If You have any questions about the manner in which We or Our service providers treat Your Personal Information, please contact Us at Andrew Brummer (CFO), Kin Wellness Limited of 6th Floor, Kildare House,3 Dorset Rise, London, EC4Y 8EN, United Kingdom.

 

If Kin desires to use Your Personal Information for any purpose other than those described in this Privacy & Cookies Policy, Kin will request Your consent prior to such use and offer You an effective way to opt out of the use of Personal Information for those other purposes. If You opt out or otherwise decline to submit Personal Information in response to such a request, Kin may not be able to provide to You some or all of the features available on the Site and/or the App.

 

(l) Information About Products And Services

 

It is very important to Us that We provide You with the highest level of service. In order to help Us do this, where You have agreed to receive such information (including signing up for a Kin newsletter), from time to time companies in the Kin Group may send You details of products and services which We think may be of interest to You. In addition, from time to time (again, where You have agreed, including signing up for a Kin newsletter), companies in the Kin group may share the information You supply to Us with selected third parties to enable them to send You information which may be of interest to You.

 

(m) Keeping Our Records Accurate

 

We aim to keep Our information about You as accurate as possible. If You would like to review or change the details You have supplied Us with, You may do so at any time using the [GET MOVIN’] feature [MY PROFILE]. If You have another query relating to Your information, please contact Us as set out below.

 

(n) Public Forums And Chat Rooms

 

Kin’s Sites and/or the Apps may make chat rooms, forums, message boards, and/or news groups available to its users. Any information that is disclosed in these areas becomes public information and You should always be careful when deciding to disclose Your Personal Information.

 

(o) Third party sites

 

We cannot be responsible for the privacy policies and practices of other sites even if You access them using links from Our Sites and recommend that You check the policy of each third party site You visit.

 

(p) HIPAA

 

Kin is not a «covered entity» under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act («HITECH») and the regulations promulgated thereunder, in effect or as amended (collectively, «HIPAA»). Although Kin is not covered by HIPAA, We are committed to user privacy and have in place strict data security policies and measures, and ensure that users control access to their information. We let users know in this Privacy & Cookies Policy what information We collect when they use the Site and/or the App, how We use it, and how We keep it safe.

 

On occasion, Kin may act as a «Business Associate» of one or more Covered Entities (e.g., Healthcare Providers, such as doctors, hospitals or health plans) as defined by HIPAA. In those instances, to the extent required by law, Kin will both comply with the obligations imposed upon Business Associates and abide by the privacy policies of the Covered Entities.

 

(q) «Contact Us» Information

 

If You communicate with Us through the «Contact Us» section of the Site and/or the App, We may ask You for Personal Information such as Your name, email address, or phone number. If You are contacting Us with respect to a customer service issue, We may use the Personal Information that You provide to contact You in order to resolve that customer service issue. If necessary to resolve Your customer service issue, the Personal Information that You provide to Us may be shared with third parties in order to resolve the issue. Please understand that by providing such information in connection with a customer service issue, You are giving Your express consent for Us to use Your Personal Information to contact and communicate with You regarding that customer service issue.

 

® Third Party Information

 

Kin may collect or purchase information from third parties regarding persons who provided information to those third parties. Information provided to Us by the third party may include, but not limited to, individual names, email and postal addresses, telephone numbers, birth dates, genders, and any other information provided to the third party. Kin uses its reasonable best efforts to ensure that (i) the third party possesses the right to transfer the information to Kin and (ii) Kin has received the right to communicate with the persons who provided the information.

 

(s) Email Solicitations

 

Kin only sends email solicitation to users who have agreed, through this Privacy & Cookies Policy, on third party sites or by other means, to receive emails from Kin.

 

(t) Wireless Communications

 

If the email address You provide to Kin is a wireless address, You agree to receive messages at such address from Kin. You understand that Your wireless carrier’s standard rates apply to these messages. You represent and warrant that You are the owner or authorised user of the wireless device on which messages will be received, and that You are authorised to approve the applicable charges associated therewith.

 

(u) Affiliates

 

Kin may share Your Personal Information with companies that are related to or affiliated with Kin (collectively, “Affiliates”). Affiliates will use Your Personal Information in accordance with the terms of this Privacy & Cookies Policy.

 

(v) Links

 

This Privacy & Cookies Policy only pertains to the Site and/or the App. Other Sites and portals, such as those to which the Site and/or the App links to or link to the Site and/or the App, including, without limitation, Facebook.com, MySpace.com and Twitter may have their own privacy policies. We encourage You to read the privacy policies and terms of use of the Sites and portals that You visit through links placed on the Site and/or the App as well as those for Sites that provide links to the Site and/or the App. You should contact these Sites directly if You have any questions about their use of Your Personal Information. Kin is not responsible for any use of Your Personal Information or any other type of Your information when You use such third party sites and services.

 

(w) Information Sharing And Onward Transfer

 

Kin reserves the right to sell, rent or otherwise share some or all of Your Personal Information with other companies or individuals outside of Kin if:

 

You have consented to such sale, rental or sharing; and/or Kin becomes involved in a merger, acquisition, or any form of sale of all of its assets. In such circumstances, Kin will provide notice before Personal Information is transferred and becomes subject to a different privacy policy. In addition, Kin reserves the right to share non-personally identifiable information relating to users of the Site and/or the App or the Kin services with Our partners and advertisers. The information will not be linked to any personal identifiable information. When You sign up for any third party service, information may be shared with the third party and Your privacy will be maintained in accordance with the third party privacy policy.

 

(x) Restricted Areas

 

Certain areas of the Site and/or the App may have additional or different terms and conditions than those addressed in this policy. If You access any of these areas, You should consult the privacy policies posted in those areas.

 

(y) Changes To This Privacy & Cookies Policy

 

Kin may, at its sole discretion, revise this Privacy & Cookies Policy at any time in a manner consistent with applicable laws and regulations. When We revise this policy, including changes to Kin’s use of Your Personal Information, We will incorporate the revisions into this policy and will revise the «last revised» date at the top of this web page. We will notify You when any changes to this Privacy & Cookies Policy are made. We recommend that You review those changes in order to remain informed about how Kin uses Your Personal Information.

 

(z) California User Consumer Rights

 

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by telephone at (916) 445-1254 or (800) 952-5210; or by email to dca@dca.ca.gov. For more information about protecting Your privacy, You may wish to visit: www.ftc.gov.

 

(aa) Children’s Safety

 

Protecting the safety of children when they use the Internet is important to us. We recommend that children receive permission from their parent or guardian before gaining access to the Site and/or the App.

 

(bb) Security

 

We place great importance on the security of all Personal Information associated with Our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of Your Personal Information under Our control. For example, Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to Personal Information. Whilst We cannot ensure or guarantee that loss, misuse or alteration of information will never occur, We use all reasonable efforts to prevent it.

 

You should bear in mind that submission of information over the Internet is never entirely secure. We cannot guarantee the security of information You submit via the Site and/or the App whilst it is in transit over the Internet and any such submission is at Your own risk.

 

It is advisable to close Your browser when You have finished Your user session to help ensure others do not access Your Personal Information if You use a shared computer or device or a computer or device in a public place.

 

(cc) Your Rights

 

You have a legal right under the Data Protection Act 1998 to a copy of all the Personal Information that We hold about You. On request, We will provide You with a copy of this information (subject to a fee not exceeding £10). You also have a right to correct any errors in that information.

 

(dd) Use Of The Site and/or the App

 

You acknowledge that the Personal Information You provide to Kin is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information in the United States, regardless of Your country of domicile, in accordance with the above clause (k).

 

(ee) Severability

 

If any provision of this Privacy & Cookies Policy is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

 

(ff) Acknowledgement

 

By completing forms provided by Kin and providing Personal Information through the Site and/or the App, through any means, and by using the Site and/or the App and services contained therein, You hereby represent and warrant that:

 

You have read, understand and agree to Kin’s Privacy & Cookies Policy; You are an actual person of at least 18 years of age, You have the right to provide the information that You submit to Kin, and the information You submit is accurate, complete and truthful; and If You do not agree to the terms of this Privacy & Cookies Policy, then do not provide Your information to Kin through any means. In such case, Kin is relieved of any of its obligations to You as set forth in this Privacy & Cookies Policy. If You have any questions regarding this Privacy & Cookies Policy, please contact Us at support@kiqplan.com