Terms of Use
Last Modified: February 21, 2020
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Kiin Swap ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the website accessible at [https://kiinswap.com] (the “Website”), our mobile application (“App”), and any other properties that link to these Terms of Use (collectively, the “Services”), including any content, functionality, and services offered on or through the Services, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [https://kiinswap.com/privacy], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
The Services are offered and available to users who are 13 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
License Grant
Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable license, to use the Services subject to all conditions and limitations set forth in these Terms of Use.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Services or some of the resources offered via the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Website or the App, is governed by our Privacy Policy [https://kiinswap.com/privacy].
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website or the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You may download a single copy of the App to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Use
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To retain, use, harvest, or distribute the personal data of other users for any purpose other than to facilitate clothing swaps using the Services.
To sell the personal data of other users.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or user names associated with any of the foregoing.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
User Contributions
The Services may contain user ads for swapping clothing, profiles, message boards, chat rooms, personal web pages, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [https://kiinswap.com/privacy].
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Harass, stalk, bully, cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Use of the Services
All information we collect through the Services is subject to our Privacy Policy [https://kiinswap.com/privacy]. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Subscriptions
The number of swaps you are allowed is based on the Services subscription type for which you are currently subscribed. For instance, some subscription types may allow you to swap clothing items with other users an unlimited number of times while other subscription types may define an exact number of swaps per month you are allowed.
Third-Party Marketplace
The Company provides a platform for users to transact with each other in the form of swapping clothing. You acknowledge that these transactions are with a third party, not the Company. The Company does not take title to any items swapped through the Services, and does not act as an affiliate of any user participating in any such transactions. While the Company may help facilitate the resolution of disputes, it does not otherwise guarantee (i) the existence, quality, safety or legality of the items advertised; (ii) the truth or accuracy of any listings; (iii) the ability of any user to swap items; (iv) that a user will actually complete a transaction or return an item; or (v) the legal transfer of an item from one user to another.
Linking to the Services and Social Media Features
You may link to one or more portions of the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Services.
Send emails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Services is based in the State of Utah in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR SOFTWARE APPLICATION LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR SOFTWARE APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR SOFTWARE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the City of Salt Lake and County of Salt Lake, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Utah law.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Your Comments and Concerns
This website is operated by Kiin Swap at 1402 South 1000 West, Salt Lake City, Utah, 84104.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [customerservice@kiinswap.com].
PRIVACY POLICY
Last update: February 21, 2020
This Privacy Policy applies to Kiin Corp (“Kiin”, “we”, “us”, and “our”). Kiin is committed to ensuring the privacy of your data. Please read this Privacy Policy, which details what data is collected from our customers, users, and business representatives, and explains how we use it, how it is stored, and your choices related to our use of your data.
WHO WE ARE
Kiin operates a clothing exchange app where customers create online clothing profiles and connect with other customers with a similar clothing profile for the purpose of facilitating clothing trades. It is Kiin’s mission to create a network of style traders and closet swappers in order to reduce clothing waste and provide a sustainable alternative to the fashion shopping and ultimately enhance our customers’ budgets.
In addition to operating our clothing exchange app, we provide customer support, engage in business operations and operate our website, https://kiinswap.com/sign-in, (collectively, the “Services”). Kiin is a [insert type of entity here] based in the United States, incorporated in [insert State of incorporate here], and operating out of [insert suburb and State of office].
DEFINITIONS
“Personal data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
PERSONAL DATA WE PROCESS
We collect personal data of customers who subscribe to our Services and create an account, including name, email address, phone number, clothing style profile, photograph, height, clothing size, and payment information. Customers who choose to connect with each other provide an address in order to meet and swap clothing. This address is not included in the customer profile. We collect the personal data of users who subscribe to our newsletters and promotional communication, such as an email address and subscription preferences.
We process technical information and navigational information when you visit our website, which is found at https://Kiinswap.com/. Technical information includes IP address, geographical location, device ID and related information and browser type. Navigational information includes pages viewed, selection made and length of visit. Our primary goal in processing this information from you is to provide you access to features on the site and help us improve our product and services and develop and market new products and services. We also process personal data from users who navigate to our website and submit an inquiry through email or electronic form. Personal data collected includes name, email address, and phone number.
We also collect personal data of business representatives, including third-party services providers, including name, email address, phone number, business, job title, and job role.
TRACKING TECHONOLOGIES, COOKIES, AND CLEAR GIFS
We use tracking technologies, cookies and clear GIFs to collect information. Tracking technologies are used to collect information from your web browser through our servers or filtering systems when you visit any of our sites.
Cookies store small text files onto a user’s computer hard drive with the user’s browser, containing the session ID and other data. Cookies enable a web site to track a user’s activities on the website for the following purposes: (1) enable essential features; (2) provide analytics to improve website performance and effectiveness; (3) store user preferences; and (4) facilitate relevant targeted advertising on advertising platforms or networks. Users are free to change their web browsers to prevent the acceptance of cookies. Cookies may also be set within emails in order to track how often our emails are opened.
A clear GIF is a transparent graphic image placed on a website. The use of clear GIFs allows us to monitor your actions when you open a web page and makes it easier for us to follow and record the activities of recognized browsers. Clear GIFs are used in combination with cookies to obtain information on how visitors interact with our websites.
Information collected may include but is not limited to your browser type, your operating system, your language preference, any referring web page you were visiting before you came to our site, the date and time of each visitor request, and information you search for on our sites. We can also track the path of page visits on a website and monitor aggregate usage and web traffic routing on our sites. We collect this information to better understand how you use and interact with our sites in order to improve your experience. We also collect this information to better understand what services and marketing promotions may be more relevant to you. We may also share this information with our employees, service providers and customer affiliates.
You can change your web browser settings to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. If you do not accept cookies, however, you may not be able to use some sections or functions of our sites.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org.
To opt out of being tracked by Google Analytics across all websites visit https://tools.google.com/dlpage/gaoptout.
PURPOSES FOR PROCESSING PERSONAL DATA
We process personal data to operate our Services, including maintaining customer accounts, connecting customers, processing payments, emailing newsletters and promotional material, and providing customer service. We also process personal data for our administrative and other business purposes, including generating sales leads, performing web analysis, and security monitoring. We process cookies and other tracking technologies to understand website use, analyze aggregate information, and improve our Services.
We may use your data to comply with applicable laws, exercise legal rights, and meet tax and other regulatory requirements. We may also use your personal data for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on our regulatory obligations and/or our legitimate interests in performing the activities of the organization.
SHARING OF PERSONAL DATA
We share your personal data with customers, third-party service providers, regulatory bodies, public authorities and law enforcement in the following circumstances:
a. Customers. Our app is designed to create a network of individuals who connect with each other to exchange clothing. To facilitate this network, we share online clothing profiles with other customers. Each customer can choose whether they want to engage with another customer as part of the app features. Where customers mutually flag each other as liked, contact information will be available to each other so that they may engage in direct communication and organize a meet-up or delivery information for swapping clothing.
b. Third-Party Service Providers. We share personal data with third-party service providers for their processing in performing functions on our behalf. The categories of third-party service providers with whom we share personal data are: Payment Processors, Providers of Marketing Services, Web Analytics Service Providers, and Security Monitoring Service Providers. In such instances, the providers will be contractually required to protect personal data from additional processing (including for marketing purposes) and transfer in accordance with this Privacy Policy and applicable laws.
c. Regulatory Bodies, Public Authorities and Law Enforcement. We may access and disclose your personal data to regulatory bodies if we have a good-faith belief that doing so is required under regulation. This may include submitting personal data required by tax authorities. We may disclose your personal data in response to lawful requests by public authorities or law enforcement, including to meet national security or law enforcement requirements.
d. Other Disclosures. We may also disclose your personal data to exercise or defend legal rights; to take precautions against liability; to protect the rights, property, or safety of the resource, of any individual, or of the general public; to maintain and protect the security and integrity of our services or infrastructure; to protect ourselves and our services from fraudulent, abusive, or unlawful uses; or to investigate and defend ourselves against third-party claims or allegations. Disclosures may be made to courts of law, attorneys and law enforcement or other relevant third parties in order to meet these purposes.
STORAGE OF PERSONAL DATA
Personal data is processed and stored on servers located in the United States of America. We endeavor to utilize third-party service providers that are committed to data privacy.
PERSONAL DATA SECURITY
Kiin uses technical and organizational measures to protect the personal data that we store, transmit, or otherwise process, against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. We regularly consider appropriate new security technology and methods as we maintain and develop our software and systems.
RETENTION OF PERSONAL DATA
Kiin retains personal data of customers, users, and business representatives for a reasonable time period to fulfill the processing purposes mentioned above. For example Kiin retains the personal data of its customers for the duration of the paid subscription. If a subscription has lapsed, the account is marked as inactive and the customer’s profile is not available for other customers to view. We permanently delete the account once the account has been inactive for six months. For newsletter and other promotional email subscriptions, we retain your personal data indefinitely but indicate your communication preference on your email address so that we do not accidently contact those who have unsubscribed.
If you wish to request a deletion of your data, please contact us directly by submitting your request to the address provided at the end of this notice.
We retain personal data that we are required to retain in order to meet our regulatory obligations including tax records and transaction history. We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that personal data is only stored and archived in alignment with our retention policy.
OUR POLICY CONCERNING CHILDREN
The Services are not intended for children under the age of 13 and we do not knowingly collect any personal data from such children. Children under the age of 13 should not use or attempt to use our Services. In the event we learn that we have in fact collected personal data from such a child, we will immediately delete this data.
THIRD PARTY WEBSITES
Our Services may contain links to other sites. We are not responsible for the privacy practices or content of other sites that are not controlled by Kiin. For information on how these sites use your personal data, please review their respective policies and contact them directly.
PERSONAL DATA RIGHTS
We rely upon our customers to keep up-to-date profiles, which can be edited within the app. We also provide features for deleting data you added to your profile. Where you are receiving communication from us of a marketing nature directly related to Kiin’s business marketing purposes, we provide the ability for you to unsubscribe at the end of the email. You may also reach out to us to delete your account. Our contact details are provided at the end of this Privacy Policy.
EFFECTIVE DATE AND AMENDMENTS
This document is effective as of the date indicated at the top of this Privacy Policy under “Last update”. This document may be amended from time to time.
CONTACT INFORMATION
Inquiries may be made to [insert email address where individuals can submit a request]
You may also write to us at: Att: Customer Support Kiin Corp
1402 South 1000 West
Salt Lake City, Utah, 8410