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Privacy policy

Introduction

 

Kinetic Change, LLC (“Kinetic Change” or “we” or “us”) has created this Privacy Policy in order to disclose its collection, use and disclosure of personal information and other data about you by Kinetic Change, its employees, affiliates, and successors and assigns, in connection with its website, applications, software, services, mobile apps, social networking sites, and other Kinetic Change properties or technology displaying or referencing this Privacy Policy (collectively, the “Sites”). This updated Privacy Policy is effective as of May 2, 2024. Any questions regarding this policy should be directed by email to concierge@kineticchange.com. You may also contact Kinetic Change at 6958 S. Hill St, Littleton, CO 80120. 

If you use the Sites, you acknowledge this policy and the collection, use and sharing of your personal information and data as described herein, and in accordance with the applicable agreements with Kinetic Change, including but not limited to any applicable terms of service and/or End-User License Agreement. 


​Some Kinetic Change customers may choose to engage Kinetic Change in part as a “processor” under GDPR and/or a “service provider” under US state privacy laws for certain services, and in such case the collection, use and sharing of personal information for the engagement may be governed by the agreement between Kinetic Change and the customer, and the customer’s privacy policy, in addition to or independent of, this Privacy Policy. 


Additionally, in accordance with India’s forthcoming Personal Data Protection Bill (PDPB), which sets out similar obligations and rights as the GDPR, this policy acknowledges and respects the specific rights granted to Indian users, including the right to access, correct, delete, and port their personal data. We commit to complying with all provisions of the PDPB applicable to us as soon as they come into force.

Personal Information Collected and Received

 

Kinetic Change may collect or receive information about each person who visits, utilizes or interacts with the Sites, including, but not limited to, user name, password, first and last name, email address, phone number, occupation, country, and employment information. Kinetic Change collects information available to us as part of your interactions with the Sites, as well as other information you provide or you may volunteer. Kinetic Change may also collect information about its customers and any of their employees, including contact information and billing/payment information. 

We may collect personal information from you at various points, including but not limited to: 

  • when you contact us or we correspond with you;

  • when you visit the website and/or use or interact with our Sites, including but not limited to information on/from cookies as described below;

  • when you become a customer or register with a Site, including but not limited to when an account is created for you;

  • when you provide information, such as user contributed content, blog or social media comments, survey information or join our mailing list;

  • when you make a purchase or request information; 

  • when a Site sends us error reports or collects certain analytics data; 

  • when engaged by a business to perform services for them or on their behalf; and

  • as described to you at or before the time of collection.

When you visit a Site, we may automatically collect certain information, including information about your device such as your web browser, IP address, time zone, and other information on your device in connection with our site. Additionally, we collect information as you browse the website, including the web pages you view, the referral source (such as the page, website or search terms that brought you to the site), and other information about your interactions with our Sites. Such information may or may not be considered personal information.


We may obtain information about you from other sources, including, but not limited to, our affiliates, organizations with a relationship with Kinetic Change (such as customers, prospects and suppliers), social media sites, organizations providing marketing contacts, publicly available databases, and through other third-party services and organizations to supplement information provided by you.
Kinetic Change does not require you to include sensitive information (e.g., racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, data concerning health or data concerning sexual orientation). In the event that you provide such sensitive information without an express agreement authorizing it, you acknowledge that you have provided Kinetic Change explicit consent concerning the collection, use and disclosure of such information in accordance with this Privacy Policy or as otherwise described to you at the time of collection. If the jurisdiction where you reside requires affirmative, separate, opt-in consent, this paragraph does not apply to you and you are required to provide consent at or before the time of collection, or if not, do not provide the sensitive information to Kinetic Change. 


​Some personal information may also be collected by a third-party such as a customer, service provider, or social networking site. If you interact with these third-parties or other third party services, such as social media companies, particularly where you have an account with the third party, they may collect additional information separate from Kinetic Change.

Use and Disclosure of Personal Information

Kinetic Change may use and disclose personal information that we collect or receive about you to: 

  • deliver the products and services that you have requested or are requested on your behalf;

  • manage the customer relationship and provide you or our customer with support;

  • perform analysis about our business, the Sites and/or your use of the Sites;

  • communicate with you by e-mail, postal mail, telephone and/or mobile devices, social media, instant messaging such as chat including but not limited to communications about products or services that may be of interest to you;

  • enforce our legal rights, terms and conditions, and other agreements;

  • manage our business, including but not limited to advertising, billing and payment information; debugging and error fixing, event registrations, improving and expanding the Sites and any services offered; deidentifying personal information, marketing, short term transient uses, and other functions;

  • conduct a sale of all or substantially all of our business or assets, which includes the sale, assignment or other transfer of your personal information in connection with such transaction.

  • respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, security of systems or data, or situations involving potential threats to the physical safety of any person, or as otherwise required by law; 

  • identity verification, auditing transactions and other compliance activities; and 

  • perform functions as instructed by you or otherwise described to you at the time of collection.

​Kinetic Change may use your IP address to, among other things, maintain logs of Site activity, help diagnose problems with a server and to administer the website. Your IP address may also be used to help identify you and your online profile and to gather broad demographic information.


The Kinetic Change Site registration or contact form may require or permit users to give Kinetic Change contact information (such as your name and email address or mobile phone number) and may include demographic information (such as company, title, location). Kinetic Change may use your contact information to send you information you request, information about Kinetic Change and promotional material from some of Kinetic Change’s partners. Your contact information may also be used to contact you for other purposes at our discretion.


When sharing personal data with third parties, we ensure each party is thoroughly vetted and bound by confidentiality and data protection agreements that require them to keep your information secure and prevent them from using it for any purposes other than those explicitly agreed upon by us and as described in this policy.


​Except as described herein, we will not disclose your personal information to any third party unless (i) directed by you; (ii) we are operating on behalf of a customer and we are complying with the customer’s instructions; or (iii) we have notified you of our intent to disclose the information and given you an opportunity to prevent your information from being shared.


From time to time, we may partner with companies based on the interests of our customers, prospects, contacts and users. In such case, we will do so in a manner that respects your privacy and is consistent with the disclosures in this Privacy Policy. 


Kinetic Change reserves the right to disclose information when required by law or to uphold our ethical principles.


We use other companies to perform services as part of our operations. In the course of providing these services, those companies may receive, or have access to, your personal information. 


We may also use and disclose statements made about Kinetic Change or our Sites, such as feedback, testimonials or reviews, by our customers, users and other contacts. 

Other Information

Kinetic Change may collect, use and share other information from your use of the Sites, or other information available to Kinetic Change, provided such information does not individually identify you or otherwise qualify as personal information (or similar) under an applicable law, including but not limited to Kinetic Change deidentifying personal information to create such information. Kinetic Change shall have the right to retain records of such data including, but not limited to, usage, activity logs, and click-throughs. Kinetic Change may disclose such data, whether in the form collected or a derivative form, to third parties provided it is presented in an aggregate and/or deidentified form.

Where we have deidentified personal information covered by a privacy law, we will maintain and use the data only in deidentified form and not attempt to reidentify the data, unless permitted by the applicable law.  

Kinetic Change in the course of its business may collect, use and disclose other information, separate from information in connection with the Sites, such as information about customer prospects, employees and employment candidates, vendor employees (i.e., their business contact information), and other information as part of operating its business. Additional information about our use of this personal information and data, to the extent not already covered herein, may be obtained by utilizing the contact information below.

Lawful Basis for Processing 

Certain jurisdictions require a lawful basis for processing of personal data, and we will only collect and process your personal data there where we have lawful basis. Our lawful basis include consent (where you have given it), where processing is necessary for the performance of a contract with you, and for the purposes of our legitimate interests or the legitimate interests of our third parties, provided that such interest does not outweigh your rights and freedoms. Examples of legitimate interest include but are not limited to: (i) complying with applicable law, (ii) protecting against security or other threats, (iii) administration of our business interests, including improvements and enhancements of our business, and (iv) customer relationship issues.  

US Website Usage Monitoring Consent

Your usage of this website is subject to monitoring by us and our service providers. In addition to traditional analytics collection, we may monitor your usage in other ways. We and/or our service provider(s) may track precise mouse movements or insert code to allow us to use or view session replays. We and/or our service provider(s) may make or receive transcripts of chat communications and service tickets.  We and/or our service provider(s) may utilize Facebook pixels or other technology, or pixels, of other advertising, marketing or social media companies, in order to facilitate or engage in advertising or marketing, and provide certain services.

Session data may be shared with third parties by us, and our third-party service providers may be able to collect data on aspects of your session or communications without express notification, or collecting opt-in consent, on the web page where it happens.

In the United States, when you agree to the website terms of use, or acknowledge this Privacy Policy, you consent to the collection, usage and disclosure of this information in accordance with our Privacy Policy, and/or where applicable, our service provider’s privacy policy. If you wish to retract your consent and have this information deleted, please contact us via the email provided below.

Data Retention


We may choose to retain personal information for as long as necessary for the fulfillment of the purposes described herein, unless otherwise restricted by an applicable law.

Whenever applicable, Kinetic Change identifies the purposes for which the information is being collected before or at the time of collection. The collection of your personal information will be limited to that which is needed for the purposes identified by Kinetic Change. Unless you consent, or we are required or permitted by law, we will only use the personal information for the purposes for which it was collected or another purpose described to you at that time. If Kinetic Change will be processing your personal information for another purpose later on, Kinetic Change will seek your further legal permission or consent; except where the other purpose is compatible with the original purpose. 

We will only retain your personal information for as long as 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 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 information and whether we can achieve those purposes through other means, and the applicable legal, regulatory and tax, accounting or other requirements.

In some circumstances you can ask us to delete your personal information (see Your Privacy Rights below).

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research, statistical or other permitted purposes, in which case we may use this information indefinitely without further notice to you.

Your Privacy Rights

Depending on where you reside, you may have the right to exercise additional rights available to you under applicable laws and receive additional disclosures, including:

In the European Union and the United Kingdom under GDPR:

  • Access. You may have the right to access your personal data or the categories of personal data that our Company processes.

  • Correct/Update. You may have the right to correct and/or update your personal data. 

  • Erasure. You may have a right to the erasure of personal data that we hold about you. For example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations, among other things.

  • Data portability. In certain circumstances, you may have the right to be provided with your personal data in a structured, machine readable and commonly used format and to request that we transfer the personal data to another data controller without hindrance.

  • Transparency. You may have the right to request additional information not contained in this Privacy Policy.

  • Confirm processing. You may have the right to confirm our processing of your personal data as a controller.

  • Object to processing. You may have the right to request that we stop processing your personal data.

  • Withdraw your Consent to Processing Personal Data. You may have this right where we require a lawful basis for processing and we are relying on your consent. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.

  • Restrict processing. You may have the right to request that we restrict processing of your personal data in certain circumstances. For example, where you believe that the personal data we hold about you is inaccurate or unlawfully held. You may also be able to opt-out of direct marketing, automated decision-making or profiling in furtherance of decisions that produce legal or similarly significant effects as required by an applicable law.

In India:

For our users in India, you have the right to access, correct, and delete your personal data, as well as to restrict its processing and object to the same. To exercise any of these rights, please contact us at the details provided below. We are committed to responding to your requests promptly and transparently.

In certain states in the United States:

  • Access. You may have the right to access your personal data or the categories of personal data that our Company processes.

  • Correct/Update. You may have the right to correct and/or update your personal data. 

  • Erasure. You may have a broader right to erasure of personal data that we hold about you. For example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations, among other things.

  • Data portability. In certain circumstances, you may have the right to be provided with your personal data in a structured, machine readable and commonly used format and to request that we transfer the personal data to another data controller without hindrance.

  • Confirm processing. You may have the right to confirm our processing of your personal data.

  • Transparency. You may have the right to request additional information not contained in this Privacy Policy. Note: if your US state requires specific privacy disclosures, please see our disclosures above concerning our collection, use and disclosure of personal information as well as the information contained in the California privacy rights section below.

  • Cross-contextual behavioral advertising. You may have the right to opt out of the “sharing” of personal data in connection with cross-contextual behavioral advertising.

  • Restrict processing. We recognize the particular sensitivity of certain types of personal information, including details related to your racial or ethnic origins, religious beliefs, genetic makeup, biometric data, health, sexual orientation, precise geolocation, and certain government identifiers and financial account details. In accordance with applicable state laws, we afford additional protections and offer enhanced rights to control the processing of such sensitive data. You may request to restrict our processing of your sensitive data in circumstances where you believe the data is inaccurately or unlawfully held, or you may opt out of uses of sensitive data for targeted advertising, profiling, or other practices that produce legal or similarly significant effects upon you.

  • Accessibility: You may have the right to additional assistance with your privacy rights. If you are unable to reasonably access this Privacy Policy due to a disability, please contact us via the contact information below so that we may determine how to provide you with alternate notice. 

If you would like to exercise any of the above rights, please contact us by email (see our contact details in the “Contacts” Section below). We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.

We recognize the heightened need to protect sensitive personal data as defined under Indian law, such as financial information, health records, biometric data, and caste or religious beliefs. We will ensure that such information is only processed with your explicit consent and protected with advanced security measures, strictly adhering to the requirements of the Personal Data Protection Bill.

Where our services are made available to you through an organization (e.g. your employer), that organization is the administrator of the services and is responsible for the accounts and/or service over which it has control. Please direct your data privacy questions to your administrator, as your use of the services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different from this policy.

Kinetic Change will not discriminate against a data subject for exercising any of its data protection rights.

For reconsideration of our response to your request under any applicable law that provides for an appeal, please request an appeal within the time frame for the appeal notice set forth in the applicable law (or in the event no time frame is provided, then fifteen days) by utilizing the contact information published below.

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. There may be exceptions to the foregoing rights and some or all of the above rights may not apply to you. Where a privacy law permits an organization to continue to maintain and/or use personal information for a particular purpose, despite receiving your request, we reserve the right to utilize your personal information for such purpose. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal data 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. 

If you are an individual in the EU / EEA, you have the right to make a complaint to the relevant Supervisory Authority. A list of EU / EEA Supervisory Authorities is available here:  http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.  If you are in the UK, you have a right to make a complaint to the UK Information Commissioner’s Office. You can visit their website at www.ico.org.uk

If you live in a different country, state or other jurisdiction that provides for additional rights or disclosures regarding your personal information, and you wish to exercise those rights or receive those disclosures, please contact us using the contact information below.

How We Store and Process Your Information 

The information collected by Kinetic Change may be processed and/or stored in the United States, European Union Member Nations, Canada, or any other country in which Kinetic Change or its affiliates or service providers maintain operations. Kinetic Change may transfer information that we collect, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction of domicile to other countries or jurisdictions. If you are located in the European Union or other regions with laws restricting transferring of data, please note that we will comply with laws applicable to us.

Kinetic Change may act as a Processor or Subprocessor, and not a Controller, with respect to personal information collected on behalf of customers.  If we are a Processor or Subprocessor with respect to your data, the processing of your data will be set by the Controller and there may be additional or different terms with respect to your data. If you are a customer who uses our services and you collect personal information on citizens within the European Economic Area or United Kingdom, we ask that you contact concierge@kineticchange.com to request a Data Processing Addendum (“DPA”).   

For users in India, we adhere to expected data localization requirements as stipulated by Indian law, ensuring that personal data collected from Indian users is stored within India whenever mandated by regulation.


When transferring personal data outside of India, we implement rigorous safeguards such as Standard Contractual Clauses and adhere to corporate binding rules to ensure that your data is handled with the utmost care and security, as per the guidelines of Indian law and international agreements.

International Transfer of your Personal Information to the United States 

Any Sites may be hosted and operated in the United States and is subject to United States law. Any personal information that we collect from you may be stored and processed in the United States. If you are accessing the Sites outside of the U.S., you acknowledge the transfer of your personal information to the United States. Please be advised that United States law may not offer the same privacy protections as the law in your jurisdiction. 

California Privacy Rights and Disclosures 

If the California Consumer Privacy Act, as amended (“CCPA”) applies to your personal information, please also see the section titled “Your Privacy Rights” above.

If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to concierge@kineticchange.com

Our website and/or application are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our website and/or application, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to concierge@kineticchange.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested. 

Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes.

Children’s Privacy

We do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with any personal information, we will use commercially reasonable efforts to delete such person’s personal information from all systems.

Global Positioning System

Global Positioning System (GPS) tracking technology may need to be enabled in connection with Kinetic Change products and services in order to determine the location (latitude and longitude) of users. We will request your permission prior to precise geolocation tracking. Where authorized, this information is transmitted as necessary for the products and services, which may include transmission to Kinetic Change, its service providers (including hosting provider), and Kinetic Change’s users or clients if necessary as part of the services. This information is only used by Kinetic Change in conjunction with Kinetic Change’s services or otherwise in connection with the reason for its collection or as permitted this Privacy Policy.

Security


Kinetic Change uses industry-standard technologies when transferring and receiving consumer data exchanged between Kinetic Change and other companies to help ensure its security. However, there is no guarantee that your personal information in any system is completely secure.

Links


Kinetic Change may create links to other web sites. Many other sites that are not associated or authorized by Kinetic Change may have links leading to our Sites. Kinetic Change cannot control these links and Kinetic Change is not responsible for any content appearing on these sites.

Cookies and other Tracking Technologies


“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. The Kinetic Change site uses cookies to keep track of your session or for other functions. Kinetic Change may also use cookies to deliver content specific to your interests. 

We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our sites, services and software. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our users to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

Kinetic Change may use an outside ad or marketing company in connection with the Sites, including, but not limited to, display of ads or ad technology or marketing technology. These ads may also contain cookies or other tracking technology. 

Kinetic Change and these companies may use tracking technologies, such as cookies, to collect information about users who view or interact with these advertisements and connect to the Kinetic Change website and/or services. This information allows Kinetic Change and these companies to deliver targeted advertisements and gauge their effectiveness.

Your browsing activity may be tracked across different websites and different devices or apps.  For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop.  To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.

We may use third-party APIs and software development kits (“SDKs”) as part of the functionality of our Sites.  APIs and SDKs may allow third parties including analytics companies and advertising partners to collect your personal data for various purposes including to provide analytics services and content that is more relevant to you.

Advertising Opt-Outs


As described above, we may use your Personal Information to provide you targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by doing so at:

FACEBOOK – https://www.facebook.com/settings/?tab=ads
GOOGLE – https://www.google.com/settings/ads/anonymous
BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/.

Marketing Communications Opt-Out


Kinetic Change provides users the opportunity to opt-out of receiving communications from Kinetic Change, except transactional correspondence. To opt-out of receiving our communications, you can send an email to concierge@kineticchange.com.

Google Analytics Opt-Out


We use Google Analytics, a service for the marketing analysis of the site provided by Google, Inc. Google Analytics uses cookies to allow us to see how you use our site, so we can improve your experience. Google’s ability to use and share information collected by Google Analytics about your visits to the site is restricted by the Google Analytics Terms of Use available at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy available at http://www.google.com/policies/privacy/. You can prevent Google Analytics from recognizing you on return visits to the site by disabling cookies in your browser. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout.

Do Not Track


Please note that we do not alter our data collection and use practices as a result of a Do Not Track signal from your browser, unless required by an applicable law.

Accessibility

We are committed to ensuring that our privacy practices are accessible to all our users, including those in India. This Privacy Policy is available in English, Hindi, and other major Indian languages. If you require this policy in another language, please contact us at concierge@kineticchange.com for assistance.

Amendments


Kinetic Change may amend this policy at any time. If Kinetic Change is going to use personal information collected in a manner materially different from that stated at the time of collection, Kinetic Change will notify users via email and/or by posting a notice on the Kinetic Change site for thirty (30) days prior to such use. This Privacy Policy may not be otherwise amended except in a writing that specifically refers to this Privacy Policy and is physically signed by both parties.

Contacts


If you have any questions about this Privacy Policy, the practices of a Site or Kinetic Change or your dealings with us, you can contact concierge@kineticchange.com or write to us at Kinetic Change, 6958 S. Hill St, Littleton, CO 80120.

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