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Privacy Policy

Privacy Statement

Kimaï Ltd and its affiliates (“Kimaï” “we,” “us,” or “our”) want you to be familiar with how we collect, use, and disclose Personal Information. This Privacy Statement describes our practices in connection with Personal Information that we collect through:

  • Websites operated by us from which you are accessing this Privacy Statement, including www.kimai.com (“Websites”);

  • Social media properties from which you are accessing this Privacy Statement (“ourSocialMedia”), including: Instagram, X, TikTok and Pinterest.

  • HTML-formatted email messages or other communications that we send to you that link to this Privacy Statement (“Emails”); and

  • Any other offline business interactions you may have with us (“OfflineInteractions”).

Collectively, we refer to the Websites, our Social Media, Emails, and Offline Interactions as the “Services.”

CATEGORIES AND SOURCES OF PERSONAL INFORMATION COLLECTED

PersonalInformation” is information that identifies an individual or relates to an identifiable individual. We collect the following categories of Personal Information:

Personal Information we receive from you:

Identifiers

Such as first and last name, prefix, email address, telephone number, postal address, driver’s licence, identity card, government-issued ID, passport, and professional related information.

User Content

Such as reviews about our Services and other content that you may create or share with us during our relationship, including posts on our Social Media and comment sections.

Preferences

Such aslanguage, interests, and other feedback/preferences that you might express during your use of our Services.

Marketing Data

Such as your choices regarding our newsletters, surveys, and other marketing/advertising displayed or provided to you, and preferred methods of such promotional communication.

Visitor and Event Information

Such as dietary restrictions, travel, and accommodation details, issued identification to access the premises, and other details specific to a particular event or conference that you share with us.

User Photographs and Videos

Such as photos and videos submitted by you while using our Services.

Commercial Information

Such as details of your communications with us, details of your claims, complaints, queries in general, transaction information and purchase history, including purchases considered, credit or debit card, which includes details like the cardholder’s name, account or card number, and expiration date.

Personal Information collected automatically through your use of our Services:

Online Activity Data

Pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

Device Information

Your mobile device’s operating system type and version, manufacturer and model, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4/5G), advertising ID, and general location information.

This includes data obtained through cookies and similar technologies, as described in our Cookies Preferences Tool [link to Cookie Preferences Tool].

Audio/Visual Data

Audio, electronic, visual and similar information, such as call and video recordings, photos and videos taken at one of our events/conferences, CCTV, and site security information.

Other sources from which we collect Personal Information:

Social Media

Such as profile pictures, social media account ID, and other public social media profile information, including lists of friends/followers on social media.

We need to collect Personal Information to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Statement.

PERSONAL INFORMATION PROCESSING PURPOSES

We use Personal Information for legitimate business purposes, including:

Purpose

Examples of Processing Activities and Legal Basis

Personal Information Used

Administering the Services

Providing the Services’ functionality to you, such as arranging access to your registered account;verifying your information; responding to your inquiries and fulfilling your requests, such as when you contact us via one of our online contact forms or otherwise (e.g., when you send us questions or comments, or when you request other information about our Services); to send you administrative information, such as information regarding the Services and changes to our terms, conditions, and policies; and/or to allow you to send Services-related content to another person through the Services if you choose to do so. We engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation, for example, the fulfilment of your purchase orders, payments and returns.

Identifiers; User Content; Preferences; Marketing Data; Commercial Information; Visitor and Event Information; User Photographs and Videos; Commercial Information; Online Activity Data; Device Information; Audio/Visual Data.

Operations and general business

Administering online Services (including troubleshooting and diagnostic testing, conducting performance analyses of our systems and Services, testing new system features to evaluate their impact, system and log maintenance, technical support, system debugging, and hosting data); and facilitating mergers, acquisitions, and other reorganizations and restructurings of our business (including prospective transactions). We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest, such as maintaining and improving our Services.

Personal Information as relevant for the specific business operation.

Conferences, visits, and other events

Facilitating and participating in conferences and events, welcoming guests and visitors to our premises. We engage in these activities to manage our contractual relationship with you and/or based on our legitimate interest, such as improving the quality of our events and responding to complaints and concerns relating to an event.

Identifiers; Preferences; Marketing Data; Visitor and Event Information; Commercial Information; Device Information; Online Activity Data; Audio/Visual Data.

Marketing

Sending you newsletters, event invitations, and mailings that we think may be of interest to you; fulfilling your event registration requests; and providing services, including providing events. Where required under applicable law, we obtain your consent to send you direct marketing communications. Where permitted by applicable law, we also engage in marketing activities based on our legitimate interest, such as to promote our Services.

Identifiers; Commercial Information; Preferences; Marketing Data; Visitor and Event Information; Audio/Visual Data; User Content; Online Activity Data; Device Information.

Targeted advertising

Engaging advertising partners, including third-party advertising companies and social media companies, to display ads to you on other websites and online services. These companies may use cookies and similar technologies to collect information about your interaction over time across the Services, our communications, and other online services, and use that information to serve online ads that they think will interest you. We may also share information about our users with these companies to facilitate interest-based advertising to our or similar users (known as a “lookalike audience”) on other online platforms. Where required under applicable law, we obtain your consent to send you direct marketing. Where permitted by applicable law, we also engage in targeted advertising based on our legitimate interest, such as providing tailored Services based on your preferences.

Identifiers; Commercial Information; Preferences; Marketing Data; Audio/Visual Data; User Content; Online Activity Data; Device Information.

Personalizing our Services

Personalizing our interactions with you and providing you with information and/or offers tailored to your interests, such as delivering content via our Services that we believe will be relevant and interesting to you. Where required under applicable law, we obtain your consent to provide personalized Services. Where permitted by applicable law, we also personalize the Services based on our legitimate interest, such as providing tailored Services based on your preferences.

Identifiers; Marketing Data; Commercial Information; Visitor and Event Information; User Photographs and Videos; Online Activity Data; Device Information; Preferences.

Improving and developing Services that we may provide to you

Conducting data analysis, for example, monitoring and analysing Services use and using data analytics to improve the efficiency of our Services; developing new Services; considering ways to enhance, improve, repair, maintain, or modify our Services; identifying usage trends, for example, understanding which parts of our Services are most interesting to users; determining the effectiveness of our promotional campaigns, so we can adapt our campaigns to the needs and interests of our users; and operating and expanding our business activities. We engage in these activities based on our legitimate interests, such as developing new Services, and with your consent to the extent required by applicable law.

Identifiers; Commercial Information; Preferences; User Content; Visitor and Event Information; User Photographs and Videos; Online Activity Data; Device Information; Audio/Visual Data.

Relationship building and engagement

Facilitating and responding to any social sharing and posts on our Services and other customer relationship building activities. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest, such as improving our Services.

Identifiers; Marketing Data; Visitor and Event Information; User Photographs and Videos; Online Activity Data; Device Information; User Content.

Aggregation and/or anonymization

Aggregating and/or anonymizing Personal Information so that it will no longer be considered Personal Information. We engage in these activities based on our legitimate interest, such as to generate anonymized data for our own business purposes which does not identify you or another individual.

Personal Information as relevant for the specific business purpose.

Security and fraud prevention

Conducting audits, verifying that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements; monitoring for and preventing fraud; and for security purposes, including maintaining system security and on-site security of our premises. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest, such as identifying and preventing fraudulent transactions and cyberattacks.

Identifiers; Device Information; Commercial Information; Audio/Visual Data.

Legal and compliance

Fulfilling our legal and compliance-related obligations, including complying with applicable laws; complying with legal processes; responding to requests from public and government authorities; meeting national security or law enforcement requirements, compliance with requirements set by industry-specific supervisory bodies.

Enforcing our terms and conditions and standards; protecting our operations; protecting the rights, privacy, or property of Company; responding to auditors; and allowing us to pursue available legal remedies and make insurance claims, defend claims, and limit the damages that Company may sustain.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest, such as our interest in enforcing our terms and conditions and bringing and defending legal claims.

Personal Information as relevant for the specific legal action, regulatory investigation, and/or legal processes in question.

Emergency and incident response

Ensuring the safety of on-site personnel and visitors; responding to, handling, and documenting on-site accidents and medical and other emergencies; actively monitoring properties to ensure adequate incident prevention, response, and documentation (including CCTV); requesting assistance from emergency services; and sending notifications and alerts in the event of incidents or emergencies (such as via SMS, email, call, audio-visual device prompts, etc.). We engage in these activities to manage our contractual relationship with you, to protect individuals’ vital interests, to comply with a legal obligation, and/or based on our legitimate interest, such as ensuring the safety of our premises.

Personal Information as relevant for the specific emergency or incident.

DISCLOSURE OF PERSONAL INFORMATION

We disclose Personal Information to third parties and for the purposes described below, depending on each specific jurisdiction and applicable law:

Recipients

Purpose

Our affiliates, including Kibling Retail One Ltd, and Kibling Melrose LLC

To support with all of the purposes set out above.

Third-party service providers

Including service providers that provide, logistics and courier services, website hosting, IT and related infrastructure, email delivery, analytics, and other services for the following purposes:

Administering the Services

Improving the Services

Operations and general business

Security and fraud prevention

Marketing

Personalizing our Services

Relationship building and engagement

Conferences, visits, and other events

Legal and compliance

Advertising networks

Improving the Services

Marketing

Personalizing our Services

Relationship building and engagement

Analytics providers

Aggregating and/or anonymizing Personal Information

Security and fraud prevention

Improving the Services

Marketing

Operations and general business

Personalizing our Services

Business partners, including stockists and retailers

Administering the Services

Operations and general business

Marketing

Relationship building and engagement

Conferences, visits, and other events

Legal and compliance

Law enforcement, public, regulatory, and government authorities, courts, tribunals, or third parties where necessary to comply with applicable law and regulations

Emergency and incident response

Security and fraud prevention

Legal and compliance

Responding to a request or providing information to public and government authorities (including authorities outside your country or region of residence)

Responding to law enforcement requests and orders or provide information to law enforcement

For dispute resolution purposes

To enforce our terms and conditions

To protect our rights, privacy, safety, property, and/or that of our affiliates, you or others

Professional advisors, such as accountants, actuaries, auditors, experts, consultants, lawyers, banks, and financial institutions

Security and fraud prevention

Legal and compliance

Improving the Services

Third parties, such as an acquiring entity and its advisors, in connection with a sale or business transaction

We may disclose or transfer your Personal Information in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). You will be notified of any such business transaction and of possible changes to the processing of your Personal Information in accordance with applicable law and the “UPDATES TO THIS PRIVACY STATEMENT” section.

By using the Services, you may elect to disclose Personal Information on message boards, chat, profile pages, blogs, and other services to which you are able to post information and content (including, without limitation, our Social Media), or through which you are able to send messages through the Services. Please note that any information you post or disclose in this context will become public and may be available to other users and the general public.

COOKIES AND SIMILAR TECHNOLOGIES

Please read our [insert hyperlink to Cookies Preferences Tool] to learn how we use information that we and our service providers collect automatically, including through cookies, pixel tags, and similar tracking technologies and to understand your choices with respect to such collection and use.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

EMAIL MARKETING CHOICES

You have choices regarding marketing-related communications. Where required by applicable law, we will ask for your prior opt-in consent. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out by following the unsubscribe instructions in any such message or by contacting us by email at [email protected].

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing from us, we may still send you important administrative messages, from which you cannot opt out.

RIGHTS AND REQUESTS

If you would like to request to access/review, correct, update, suppress/delete, object to, restrict or opt out of the processing of Personal Information, withdraw your consent where relied upon for processing (which will not affect the lawfulness of processing prior to the withdrawal), or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent that these rights are provided to you by applicable law), please feel free to contact us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). Further, certain Personal Information may be exempt from requests pursuant to applicable data protection laws or other laws and regulations.

Depending on your jurisdiction, you may also lodge a complaint with a data protection authority for your country or region, or where an alleged infringement of applicable data protection law occurs. For example, a list of EEA data protection authorities is available at: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm. Information regarding the UK data protection authority is available at: https://ico.org.uk/.

RETENTIONPERIOD

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained as outlined in this Privacy Statement unless a longer retention period is required or permitted by applicable law. The criteria used to determine our retention periods include:

  • The length of time that we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have a relationship with us or keep using the Services);

  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records or communications for a certain period before we can delete them); or

  • Whether retention is advisable considering our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

THIRD-PARTY SERVICES

This Privacy Statement does not address, and we are not responsible for, the privacy, information, or other practices of any third parties. This includes any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media.

THIRD-PARTY PAYMENT SERVICE

The Services may provide functionality allowing you to make payments to Company using third-party payment services. When you use such a service to make a payment to us, your Personal Information will be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Statement. We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information.

CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country or region where we have facilities or engage service providers. By using the Services, you understand that your Personal Information will be transferred to countries outside of your country or region of residence which may have data protection rules that are different from those of your country or region. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries or regions may be entitled to access your Personal Information.

Some countries outside of the EEA/UK are recognized by the European Commission and/or the UK government as providing an adequate level of data protection according to EEA/UK standards: the list of the EEA’s adequate jurisdictions is available here, and the list of the UK’s adequate jurisdictions is available here. For transfers from the EEA or the UK to countries not considered adequate by the European Commission or the UK government (as applicable), we have put in place adequate measures, such as the standard contractual clauses adopted by the relevant authority to protect your personal data. You may obtain a copy of these measures by contacting us in accordance with the “Contacting Us” section below.

SENSITIVE INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Services or otherwise to us.

DE-IDENTIFIED INFORMATION

Where we maintain or use de-identified information, we will continue to maintain and use that information only in a de-identified form and will not attempt to re-identify the information.

UPDATES TO THIS PRIVACY STATEMENT

The “Last Updated” legend at the top of this Privacy Statement indicates when this Privacy Statement was last revised. Any changes will become effective when we post the revised Privacy Statement on the Services.

CONTACTINGUS

Kimaï Ltd located at 24 Chiltern Street, London, England, W1U 7QE is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Statement. If you have any questions about this Privacy Statement, please contact us.

You can reach us at: [email protected] or 24 Chiltern Street, London, England, W1U 7QE.