KODE Labs, Inc. (“we,” “us” or “KODE Labs”) cares about protecting the personal information of our customers and visitors (collectively, our “Users”) who use our website at:https://kodelabs.com and any subdomains (collectively the “Site”), or other products and services (including any related mobile applications) provided to you by us (collectively along with the Site, the “Services”). This Privacy Policy describes how we collect, use, and disclose your Personal Information when you use the Services.
We collect information in order to provide the Services to our users, improve the user experience and to communicate with users about Services. When you use the Services, we collect certain information about your device, your interaction with the Services, and information necessary to process your orders . We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. The information we collect from users is primarily for the purpose of creating an account but may be used also for support, machine learning, analytics, events, product improvement and push notifications. Different portions of this Privacy Policy may apply to users at different times. See the list below for more information about what Personal Information we collect and why.
Information You Give Us.
When you access the Services to make an order or to create an account; contact us or when we communicate with you; or when you visit our social media pages; use our products and services as an authorized user on behalf of one of our customers; or receive any deliverables from us or one of our customers, we may collect certain information about you, including but not limited to: first name and last name, payment details, email address, and phone number.
By voluntarily providing us with Personal Information, you are consenting to our use of it in accordance with this privacy policy. If you provide Personal Information as part of the Services, you acknowledge and agree that such Personal Information may be transferred from your current location to our servers and the authorized third parties referred to herein.
Information Collected from Your Use of the Services.
When you use our Services, we automatically receive and record information on our server logs from your browser or device, which may include the following: IP address, device identifiers and information, web browser information, page view statistics, what sites or products you view, search terms, browsing history, usage information, time zone, transaction information (e.g. transaction amount, date and time such transaction occurred), identifying information from cookies and certain other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.), location information (e.g. IP address, zip code), including geolocation/GPS data,, and log data (e.g. access times, hardware and software information) and how you interact with the services.
Information We Receive from Others.
We may receive information about you from others, and all such information will be treated in accordance with this Privacy Policy.
Minors.
The Services are not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
We use the information we collect, both on its own and combined with any other information we collect about you, for a variety of business purposes, including:
to provide products or services to you, to process your payment information, to fulfill your requests for our Services, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services; and to provide other customer support services.
to provide the Services for you, and to perform analytics on Service usage to optimize our Services.
to notify you about changes to the Services and to communicate with you about your Account, our Services and policy changes
to provide analytics services and to analyze and improve our Services pursuant to our legitimate interest, such as: detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; and undertaking research for technological development and demonstration measuring interest and engagement in our Services and short-term, transient use; developing new products and Services; and enforcing our terms and policies.
To process your information as described above, we rely on the following principles:
Consent
We use your information with your consent. Additionally, from time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy.
Provide our Services to you
Most of the time, the reason we process your information is to perform the contract that you have with us.
Legitimate interests
We may use your information where we have legitimate interests to do so. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes. We may also use your information to protect your vital interests or to perform a task carried out in the public interest.
Legal compliance
If the law requires us to, we may need to collect and process your data. For example, we can pass on details of people involved in fraud or other criminal activity affecting us to applicable law enforcement.
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above and without your consent we will not otherwise share your Personal Information to/with any other parties except: (a) to provide our Services, (b) when we have your permission, or (c) or under the following instances:
Service Providers and Business Partners
We may share your information with our third-party service providers and business partners that help us to accomplish certain business purposes (e.g., marketing and analytics providers, security and technology providers, advertising partners, and payment processors). When we share Personal Information with certain third-party partners, including marketing and advertising partners, that information includes your name, email address and other information enabling partners to fulfill business purposes, which may include:
validate your identity and fitness to use the Services
prevent fraudulent use of the Services
process payments pursuant to your usage of the Services
assist you in using our products and services
contact you with offers, services or products that may be of interest to you
provide you with their products or services
The categories of service providers (processors) to whom we entrust Personal Information include: IT and related services; information and services; payment processors; customer service providers; and vendors to support the provision of the Services. We may also share non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, customers, potential customers or partners.
Affiliates
We may disclose your information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy. Within our corporate family of companies, we may require to share your information to allow us to provide the services to you, if our companies support us in the context of being service providers, which may include, data hosting, server maintenance, customer support, data analytics, marketing, legal and financial services, payment processing and safety and security services.
Aggregate Data.
We may aggregate or de-identify the information described in this Privacy Policy. We may use aggregated or de-identified data (meaning information that, by itself, does not identify who you are, such as device information, general demographics, general behavioral data, geolocation in de-identified form) for various business purposes, which may include marketing and internal research purposes, incorporating aggregated or de-identified data in our current or future products and services, for external research purposes or providing aggregated or de-identified data to our business partners for their use in connection with their own products or services. Aggregated or de-identified data is not subject to this Privacy Policy.
Legal Disclosures.
We may disclose any information without notice or consent from you: (a) in response to a legal request, such as a subpoena, court order, or government demand; (b) to investigate or report illegal activity; (c) to enforce our rights or defend claims; (d) to comply with applicable laws and regulations. If we have a good faith belief that such disclosure is reasonably necessary, we may disclose your Personal Information to other relevant third parties, such as internet service providers, to conduct an investigation, bring legal action, protect the rights of our user base, prevent harm to others or pursue other relief when you or a third party are or may be doing certain actions, such as: violating our terms and conditions of use; causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties; or violating federal, state, local, or other applicable law.
Business Transfers.
We may also transfer your information to (a) any affiliate of our corporate group or (b) another company in connection with a merger, financing due diligence, corporate restructuring, sale of any or all of our assets, or in the event of bankruptcy. Except as described in this Privacy Policy, we do not sell or license your Personal Information or any data to third parties.
In general, when you visit the Site and seek to create an account, you provide your full name and email address. With your email address, we invite you to your account where you can set your password. Thereafter, you can access our Services. We may use different technologies to collect, process and store your information. These technologies include:
Log Files
A log file is a file that records events that occur in connection with your use of the Services, such as your service use data.
Cookies and other similar Data Collection Technologies
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. We use cookies necessary for the functioning of the store and for reporting and analytics to optimize your experience on our Site and to provide our services. The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser settings.
Third Party
We may embed third party scripts or put embeds in the page that send requests to external sites which may allow third parties to drop and read cookies on your browser. Your browser may allow you to disable cookies from third party sites.
Other Data Collection Technologies
Other technology used may include pixel tags, web beacons, local storage, algorithms and other similar tools on our Services or in our email messages.
Do Not Track.
Some web browsers have a “Do Not Track” (“DNT”) feature that tells a website that a user does not want to have their online activity tracked. Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Where you have consented to our use of your Personal Information, you may withdraw your consent at any time by contacting us. Some privacy laws may give you the right to review the Personal Information we keep about you. You can also request a copy of your Personal Information by contacting us. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us at [email protected] . For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests. Keep in mind, we may reject requests for certain reasons, including if the request is unlawful. If you would like to have us delete your account information, we may do so by deactivating your account first and then permanently deleting your account. Notwithstanding the foregoing, we may retain certain information about you as we deem necessary to comply with our internal recordkeeping and audit policies and requirements, and we may continue to contact you for the purpose of communicating information relating to your request for our Services, or to respond to any inquiry or request made by you, as applicable. To opt out of receiving messages from us, you must cease requesting and/or utilizing our Services, and cease submitting inquiries to us, as applicable.
The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting, accessing or utilizing these other websites or applications is at your own risk.
To manage the information we receive about you from other third parties (if applicable), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this privacy policy and the information the third-party collects is subject to such third party’s privacy practices. Privacy choices you have made on any third-party site will not apply to our use of the information we have collected directly through our Services.
The security of your information is a serious issue for us and we are committed to protecting the information we receive from you. We use reasonable security measures to protect against the loss, misuse and alteration of your Personal Information under our control; and to ensure that your information is treated in accordance with this Privacy Policy. To summarize, we ensure that all data is encrypted at rest and in transit. We also have the ability to integrate with third-party password vault management software and have a strong password management process in place which clients can also configure to match their internal security procedures i.e. length, age, complexity etc. Notwithstanding such measures, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee the security of any information transmitted to or from the Services. We also are not responsible for the actions of any third parties that may receive any such information.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO ERRORS IN TRANSMISSION, UNAUTHORIZED THIRD-PARTY ACCESS, OR OTHER CAUSES BEYOND OUR CONTROL. BY USING THE SERVICES OR PROVIDING PERSONAL INFORMATION TO US, YOU AGREE THAT WE MAY COMMUNICATE WITH YOU ELECTRONICALLY REGARDING SECURITY, PRIVACY, AND ADMINISTRATIVE ISSUES RELATING TO YOUR USE OF THE SERVICES. IF WE LEARN OF A SECURITY SYSTEM’S BREACH, WE MAY ATTEMPT TO NOTIFY YOU ELECTRONICALLY BY POSTING A NOTICE ON THE SERVICES, BY MAIL OR BY SENDING AN E-MAIL TO YOU.
Password-protected areas of the Services, if any, can be accessed only with a valid password. Each password owner is responsible for keeping the password confidential and safe. If you believe there has been any unauthorized access or use of your information, please contact us immediately. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security.
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information or upon termination of your use of the Services. For more information on your right of erasure, please see the ‘Your rights’ section below.
If you are a resident of the European Economic Area (“EEA”), you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you. We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data. We use limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
GDPR
Where the GDPR applies and in accordance with any other applicable law, in certain circumstances and subject to data processing agreements, you have rights in relation to the Personal Information we hold about you. We set out below an outline of those rights and how to exercise those rights. Please note that we may require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. To exercise any of your rights, please contact us at [email protected]. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
For the purposes of GDPR, the data controller is: KODE Labs, Inc.
ACCESS - You have the right to know whether we process Personal Information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with. In order to obtain information and access to data held by you, please contact us at [email protected] .
PORTABILITY - You have the right to receive a subset of the Personal Information you provide us if we process it on the legal bases of our contract with you or with your consent in a structured, commonly used and machine-readable format and a right to request that we transfer such Personal Information to another party. If you wish for us to transfer the Personal Information to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the Personal Information or its processing once received by the third party.
CORRECTION - You have the right to require us to correct any Personal Information held about you that is inaccurate and have incomplete data completed. Where you request correction, please explain in detail why you believe the Personal Information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the Personal Information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
ERASURE - You may request that we erase the Personal Information we hold about you in the following circumstances:
where you believe it is no longer necessary for us to hold the Personal Information
we are processing it on the basis of your consent and you wish to withdraw your consent
we are processing your data on the basis of our legitimate interest and you object to such processing
you no longer wish us to use your data to send you marketing
you believe we are unlawfully processing your data
If we receive an erasure request from you we will use commercially reasonable efforts to erase your Personal Information in a timely manner in accordance with applicable law, provided that we may retain any Personal Information that is the subject of a lawsuit or legal review, or is necessary for us to retain for our internal record keeping for audit purposes. For any Personal Information we do not erase we will continue to treat it in accordance with this Privacy Policy until we no longer need it or are required to keep it, at which time it will be erased.
RESTRICTION OF PROCESSING TO STORAGE ONLY - You have a right to require us to stop processing the Personal Information we hold about you other than for storage purposes in the following circumstances:
You believe the Personal Information is not accurate for the period it takes for us to verify whether the data is accurate.
We wish to erase the Personal Information but you want us to simply restrict the use of that data.
We no longer need the Personal Information for the purposes of the processing but you require us to retain the data for the establishment, exercise or defense of legal claims
You have objected to us processing Personal Information we hold about you on the basis of our legitimate interest and you wish us to stop processing the Personal Information while we determine whether there is an overriding interest in us retaining such Personal Information.
OBJECTION - You have the right to object to our processing of data about you and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it in relation to legal claims. You also have the right, at any time, to object to our processing of data about you in order to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.
WITHDRAWAL OF CONSENT - Where you have provided your consent to us processing your Personal Information, you can withdraw your consent at any time by emailing us at [email protected].
Depending on your residency, you may have certain data subject rights. These rights vary by state and country, but they may include the right to: (i) request additional disclosures about the Personal Information we collect, use, and disclose; (ii) obtain a copy of Personal Information; (iii) request deletion of Personal Information; and (iv) opt out of the sale of Personal Information if we were to sell Personal Information. We will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act (“CCPA”). However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels when that difference is reasonably related to the value provided to us by the data. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
The CCPA requires specific disclosures for California residents.
Categories of Personal Information We Collect
Identifiers, such as your name, alias, address, phone numbers, or IP address
Demographic information, such as language
Commercial information, such as subscription and monetization activities
Internet or other electronic network activity information
Geolocation data, such as the location of your device or computer, for example if you enable location services to enable us comply with applicable laws; and inference data, such as information about your preferences.
Categories of Personal Information Transferred to Third Parties
Identifiers, such as your name, address, or phone numbers
Demographic information such as your language
Commercial information, such as the details of subscription and monetization activities
Internet or other electronic network activity information
Geolocation data
Business Purpose for Which Information May Be Used or Disclosed
Protecting against security threats, abuse, and illegal activity. We use and may disclose information to detect, prevent and respond to security incidents, and for protecting against other malicious, deceptive, fraudulent, or illegal activity.
Maintaining our services. We use information to ensure our services are working as intended, such as tracking outages or troubleshooting bugs and other issues that you report to us.
Auditing and measurement. We use information for analytics and measurement to understand how our Services are used, as well as to fulfill obligations to our partners like publishers, advertisers, developers, or rights holders. We may disclose non-personally identifiable information publicly and with these partners, including for auditing purposes.
Research and development. We use information to improve our services and to develop new products, features and technologies that benefit our users and the public.
Use of service providers. We share information with service providers to perform services on our behalf, in compliance with our Privacy Policy and other appropriate confidentiality and security measures.
Legal reasons. We also use information to satisfy applicable laws or regulations, and discloses information in response to legal process or enforceable government requests, including to law enforcement.
To submit an access or deletion request, contact us at [email protected]. All requests must be labeled “California Access/Removal Request” on the email subject line or post. All requests must state that you personally posted such content and provide a description of the content or information you want removed and information reasonably sufficient to permit us to locate such content or information. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please allow 30 days for a response. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to your Personal Information or complying with your request. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. Additionally, in some circumstances, such as if you request that we delete your data, we may not be able to complete a request for a good or service because we will not have the required information to deliver it.
You always have the opportunity to opt out of our marketing communications with you or change your preferences by emailing us at [email protected]. or by using the unsubscribe link (if any) found at the bottom of a marketing email to opt out of receiving future emails. Some communications from us are considered transactional or service communications, and our Services are provided to you upon the condition that you receive these communications from us. You must cancel your account and/or order for our Services, as applicable, if you do not wish to receive any transactional or service communications.
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
If you have any questions about this Privacy Policy or about accessing, changing, or deleting your Personal Information, or closing your Account with any one of our Services, please visit our Site or contact us at [email protected] indicating the details of the Personal Information you want to access, change or delete or which Service(s) you wish to close from the email account registered with us.
If you have an inquiry regarding our privacy practices or desire to access your personal data in our possession, we encourage you to contact us at [email protected].
For questions or opinions regarding this Privacy Policy, please contact us via email at [email protected].
