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Kendam Documents Privacy Policy

Privacy Policy

Privacy Policy

The Privacy Policy document of Kendam.

This document has been edited on December 1st, 2021.

Introduction

Kendam respects your privacy and is fully committed to protect your personal information and use it properly and in compliance with data privacy laws. This Privacy Policy applies to our web sites, including kendam.com, and our Kendam mobile applications (collectively, the "Kendam Sites" or "Sites"). This Privacy Policy explains what information we (together with our affiliated companies worldwide) collect and use pertaining to each of our Account holders and non-Account holders (such as Site visitors) through the Sites, how we use that information, and what choices you have with respect to the information we collect about you. The Sites and our services available via the Sites are collectively called the "Services". Please take a few moments to read this Privacy Policy before you access or use the Services. By using or accessing the Kendam Sites, you acknowledge that you have read and fully understood this Privacy Policy and our Terms of Service and that they both apply to your use of the Services. If you do not read and fully understand this Privacy Policy, please do not use the Sites or Services. This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you might have under applicable data privacy laws. Where you have read this policy but would like further clarification, please contact us at this page: https://kendam.com/contact/ .

Information Collected

To provide you the Services, we may collect personal information relating to an identified or identifiable natural person ("Information").

We collect Information in order to provide, operate and improve our Sites and Services, to administer your use of the Site or Services (including your Account, as defined below), and to enable you to enjoy and easily navigate our Site and Services. Additionally, we collect your information, among other reasons stated below, to provide you with ongoing customer assistance and technical support, and to enhance our data security and fraud prevention capabilities.

When you register for our Services and create a Kendam account via the Kendam Sites (an "Account"), when you register for special services , sign up for e-mail newsletters and purchase products or services, information you include in your communications with us, we collect certain information such as your name, age, date of birth, postal address, telephone number, e-mail address, details regarding connected third-party accounts (such as the e-mail or username for a connected Twitter, Google or Facebook account), credit card information (if you use certain of our features and services).

If you create your Account using your login credentials from a third party site or service, we'll be able to access and collect your name and email address and other data that your privacy settings on that third party site or service permit us to access but we don't receive or store passwords for those third party sites and services.

When you are visiting or using our Site or Services, including when you browse the Site or a User Account, edit your Account and upload information and content, and/or download and use any Site feature or services, we are aware of it and will usually gather, collect and record such uses, sessions and related information, either independently or with the help of third-party services as detailed herein, including through the use of "cookies" and other tracking technologies, as further detailed in this document.

Our servers automatically collect and record certain information about how a person uses our Services (we refer to this information as "Log Data"), for both Account holders and non-Account holders (such as Site visitors) (both will be referred to as a "User"). Log Data may include information such as a User's Internet Protocol (IP) address, mobile device identifier, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services on which a User clicked, the friends of Account holders who also use the Services, purchases made by the User, how often Users click on our advertisements, which files are downloaded most frequently, and which areas of our Site are the most popular and other statistics. We also collect certain information that your mobile device sends when you use our Services, including user settings, the operating system, as well as information about your use of our Services. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to further develop, improve and enhance the Services by expanding their features and functionality and tailoring them to our Users' needs and preferences, and to make recommendations.

If you create your Account using your login credentials from a third party site or service, we'll be able to access and collect your name and email address and other data that your privacy settings on that third party site or service permits us to access but we never receive or store passwords for those third party sites and services. We cannot delete or change any Information that is stored on third party sites and services.

In addition, We may receive information about you from third-party sources, such as (i) security providers, fraud detection and prevention providers to help us screen out Users associated with fraud, and (ii) advertising and marketing partners in order to monitor, manage and measure our ad campaigns.

Information Use

We use your information for the following purposes: to provide and operate the Services; to enhance our data security and fraud prevention capabilities; To create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our respective Services; to customize advertising and content available on the Kendam Sites, to send you service-related notices and promotional information about products and services that may be of interest to you and/or to conduct research for internal purposes; to help us in updating, expanding and analyzing our records to identify new Users; to facilitate, sponsor, and offer certain contests, events, and promotions, monitor performance, contact winners, and grant prizes and benefits; and to comply with any applicable laws and regulations.

We will only use your Information for the purposes set out in this policy where you give us your permission and/or we are satisfied that:

A. our use of your Information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with Services, to provide you with our customer assistance and technical support);

B. our use of your Information is necessary to comply with a relevant legal or regulatory obligation that we have;

C. our use of your Information is necessary to support legitimate interests that we have as a business (for example, to maintain and improve our Services by identifying user trends and the effectiveness of our promotional campaigns and identifying technical issues), provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights.

Information Sharing

We may share your information with service providers and others (or otherwise allow them access to it) in the following manners and instances:

A. Third Party Service Providers. We may share Information as well as aggregated information that we collect with third party service providers whose services and solutions complement, facilitate and enhance our own. These include but are not limited to hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, industry analysis, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimisation and marketing services, content providers, and our legal and financial advisors (collectively, "Third Party Services"); We may share information with Third Party Services for a business purpose such as identifiers, commercial information and other categories as listed in Section "Information Collected" of this document;

B. Information Disclosed for Our Protection and the Protection of Others. Where permitted by local data protection laws, we will disclose Information when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on Kendam, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of Kendam, its agents and employees, personal safety, or the public. Under these circumstances, Kendam may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Kendam reserves the right under those conditions not to provide notice in its sole discretion;

C. Parent Companies, Subsidiaries and Affiliated Companies. We may share Information internally within our family of companies, for the purposes described in this Privacy Policy. For example, we may share your Information with parent companies based in other countries (intended outside the United States of America), in the course of facilitating and providing you with our Site or Services. In addition, should we, or any of our affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Information may be shared with the parties involved in such event;

D. Application Programming Interfaces (APIs). We may offer APIs for use by third parties to access various features of our Services and content on our Sites. Some APIs will be used by third parties to access and use your Information with the third parties' services however, your Information will not be accessed and used by a third party API user without your consent. We also offer APIs to some of our third party service providers to assist with provision of services to us, such as, but not limited to, credit card processing and shipping fulfillment services, and those third party API users will access and use your Information only in order to provide services to us for you, as noted above (Point A, of "Information Sharing" section);

E. Information We Disclose with Your Consent or at Your Request. We will share your Information with third-party websites or platforms, such as social networking sites, if you have expressly requested that we do so;

F. Social Media Features and Framed Pages: Our Services include certain Social Media features and widgets, such as the "Facebook Like" button, the "Share this" button or other interactive mini-programs ("Social Media Features"). These Social Media Features may collect information such as your IP address or which page you are visiting on our Sites, and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these third parties' Social Media Features are governed by their policies and not ours;

For the avoidance of doubt, we may share your Information in manners other than as described above, pursuant to your explicit approval, or if we are legally obligated to do so.

Information Storage

Information of Account holders and non-Account holders may be maintained, processed and stored by us and our authorized affiliates and service providers in the United States of America, Unied Kingdom, Europe and in other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law (as further explained below).

Our affiliates and service providers that store or process your Information on our behalf are each contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.

If you are located in Europe, when we will transfer your Personal Information to the United States or anywhere outside Europe, we will make sure that (i) there is a level of protection deemed adequate by the European Commission or (ii) that the relevant Model Standard Contractual Clauses are in place. Kendam participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all Information received from European Union (EU) member countries and Switzerland, respectively, in reliance on the Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List, https://www.privacyshield.gov .

Cookies And Similar Technologies

A cookie is a small file of letters and numbers downloaded on to your computer when you access certain websites. In general, cookies allow a website to recognize a user's device. The most important thing to know about cookies placed by Kendam is that they make our website a bit more user-friendly, for example, by remembering site preferences and language settings.

Cookies should be divided in two types: "First-party cookies" (placed by Kendam) and "Third-party cookies" (placed and used by Third Party Service Providers).

We also use other technologies with similar functionality to cookies, such as web beacons, pixels, and tracking URLs, to obtain Log Data. For example, our email messages may contain web beacons and tracking URLs to determine whether you have opened a certain message or accessed a certain link.

Depending on their function, Cookies may have different durations. There are session cookies and persistent cookies:

A. Session cookies only last for your online session. It means that the browser deletes these cookies once you close your browser;

B. Persistent cookies stay on your device after the browser has been closed and last for the period of time specified in the cookie;

The cookies used on our website fall into one of four categories: Essential, Analytics, Functional and Marketing.

Essential Cookies let you move around the website and use essential features like secure and private areas. Analytics Cookies let us understand how you use our website (e.g. which pages you visit and if you experience any errors). These cookies are essential to us being able to enhance and maintain our platform. Functional Cookies are cookies used to remember choices users make to improve their experience. Marketing Cookies are used to collect information about the impact of our marketing campaigns performed in other website on users and non-users. These cookies are only used on Kendam owned sites under *kendam.com .

Current First-Party Cookies

NameTechFunctionDurationPurpose
authCookieAccess1 monthEssential

Current Third-Party Cookies

ServiceNameTechFunctionDurationPurpose
Google Analytics_ga, _gat, _gid, _utm*Beacon and CookieSite Metrics2 yearAnalytics
Google Doubleclick Adsr/collectBeacon and CookieAdvertisingSessionMarketing

You can change your cookie settings via the Cookies Settings page of the site. Alternatively, it is also possible to stop your browser from accepting cookies altogether by changing your browser's cookie settings. You can usually find these settings in the "options" or "preferences" menu of your browser. Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Services or may otherwise adversely affect your user experience.

Communications

We may use your Information to send you promotional content and messages by e-mail, text messages, notifications within our platform, marketing calls and similar forms of communication from Kendam or our partners (acting on our behalf) through such means. If you do not wish to receive such promotional messages or calls, you may notify Kendam at any time or follow the "unsubscribe" link contained in the promotional communications you receive. We may also contact you with important information regarding our Services, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming subscriptions; forward abuse complaints regarding your Account; or notify you of material changes in our Services. It is important that you are always able to receive such messages. For this reason, you are not be able to opt-out of receiving such Service and Billing Messages unless you are no longer a Kendam Member (which can be done by deactivating your Account).

Rights On Information

It is imperative that you will have control over your Information. That is the reason why we are taking reasonable steps in order to enable you to access, receive a copy of, update, amend, delete, or limit the use of your Information. We may ask you for additional information to confirm your identity and for security purposes, before disclosing the requested data to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. You have the right to lodge a complaint with your local supervisory authority for data protection. We still recommend you to contact us first. To do so please visit the contact page at kendam.com/contact/ . For all Kendam Members, if you may review and amend your Information by logging in and navigating to your Settings page on the website. Once there, you may modify information that is incorrect and delete certain information from your profile. You can also change your permission settings for us to send you e-mail newsletters. For all Kendam Members, if you wish to retrieve your Kendam Account data or permanently delete your Kendam data, please follow the instructions provided in the member's setting section. We will make all reasonable efforts to honor your request promptly (unless we require further information from you in order to fulfil your request) subject to legal and other permissible considerations. Please note that permanently deleting your Account erases all of your information from our databases. After completing this process, you can no longer use any of your Services, your Account and all its data will be removed permanently, and we will not be able to restore your Account or retrieve your data in the future. If you contact Kendam Support in the future, the system will not recognize your Account and support agents will not be able to locate the deleted Account.

California Residents

If you are a California resident using the Services, the California Consumer Privacy Act ( "CCPA ") may provide you the right to request access to and deletion of your information. In order to exercise the right to request access to and deletion of your Information, please see the information on the sections above. Kendam does not sell user Information to third parties for the intents and purposes of the CCPA. Users of the Services who are California residents and under 18 years of age may request and obtain removal of content they posted by contacting us via the contact page https://kendam.com/contact/ . All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the content you want removed and information reasonably sufficient to permit us to locate that content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party.

Data Retention

We may retain your Information for as long as your Account is active, as indicated in this Privacy Policy or as otherwise needed to provide you with our Services. We may continue to retain such Information even after you deactivate your Account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests. Where your Information is no longer required, we will ensure it is securely deleted.

Security

We have implemented security measures designed to protect the Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to all the areas on our Services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our visitors' and Members' privacy. Regardless of the measures and efforts taken by us, we cannot and do not guarantee the absolute protection and security of your Information, or any other content you upload, publish or otherwise share with us or anyone else. We therefore encourage you to set strong passwords for your Member Account, and avoid providing us or anyone with any sensitive information which you believe its disclosure could cause you substantial or irreparable harm.

Third Party Websites

Our Services may contain links to other websites or services. We are not responsible for such websites or services privacy practices. We encourage you to be aware when you leave our Services and to read the privacy statements of each and every website and service you visit before providing your information. This Privacy Policy does not apply to such linked third party websites and services which are subject only to the third party policies.

Profile Pages

Please note that when you create an Account, your profile page (if the profile is set to public and if the Account holder has permitted it) will display your Account username, displayed name, profile photo and certain statistics and information regarding your own use of the Services. Any information or content that you post to your members profile, or to any other part of Site (e.g. comment sections) which you are a part of, please exercise your good judgment before you post. The Displayed Name you choose when creating your Account it may be visible to all Users of the Services (if the profile is set to public and if the Account holder has permitted it). Kendam does not control, and is not responsible for, the use of any information or content that you have exposed to the public through your use of the Services. You may use the tools we make available via the Services to make decisions about what information about you, including Information, will be visible on your profile and on the profiles of other Account holders that you visit. Please note accounts can be created either by individuals or companies. Note that in some cases, we may not be able to remove your Information from such areas.

Complaints

If you have any questions or concerns about our collection, use or disclosure of information, or if you believe that we have not complied with this Privacy Policy or applicable data protection laws, please contact us via the contact page ( https://kendam.com/contact/ ). Our details are set out at the end of this Privacy Policy. Our Data Protection Officer team will investigate the complaint and determine whether a breach has occurred and what action, if any, to take. We take every privacy complaint seriously and will make all reasonable efforts to resolve your complaint promptly and in accordance with applicable law.

Interpretations

We may update this Privacy Policy as required by applicable law, and to reflect changes to our information collection, usage and storage practices. In relation to any updated Privacy Policy, we will, as required by applicable law, notify you, seek your consent and/or take any other measures. We encourage you to periodically review this page for the latest information on our privacy practices. Any heading, caption or section title contained herein, and any explanation is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

Contacts

If you have questions about this Privacy Policy or our policies or wish to exercise any of your rights as described, please contact our DPO team at the following contacts.

10100 Santa Monica Boulevard
Los Angeles, Century City, 90067
California, United States of America
Email: [email protected]

1020 Madison Avenue
New York City, Manhattan, 10016
New York, United States of America
Email: [email protected]

For the purposes of GDPR (Article 27), you can contact our EU representative at the following contacts.

31 Ormond Quay Upper
Dublin, Dublin
Ireland, Europe
Email: [email protected]

Palazzo Bernini
Milano, Segrate, 20054
Lombardia, Italy, Europe
Email: [email protected]