Date of Last Revision: 28 September 2018
Please read these terms carefully before accessing or using the Service. KIN will assume you have read and understood these Terms should you continue to access or make use of the Service.
It is important to note the following:
· The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Service or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to KIN or its possession.
· Not all terms are necessarily defined in order.
· These terms were last updated on 28 September 2018.
PRIVACY AND PERSONAL INFORMATION
- Please ensure that you read all the provisions below to understand all of your, and our, rights and duties relating to the processing of your data.
- Please use the following links to jump to the relevant sections described herein:
4. Important information and who we are
We are Kin, and we’re responsible for the data you share with us. Our contact details are in this section.
It’s important to note that Kin is for people older than 18 years old – we don’t knowingly collect data related to children.
4.1. The Service and all of our Services are not intended for users under the age of 18 (eighteen) years old, and we do not knowingly collect data relating to children.
4.3. KIN is the data controller and is responsible for your personal data.
Our Contact Details and Complaints:
4.5. Our full details are:
4.5.1. Full name of legal entity: KIN Digital (Pty) Ltd
4.5.2. Name of DPO: Dennis Williams
4.5.3. Email address: firstname.lastname@example.org
4.5.4. Postal address: 2nd Floor, 36 Buitenkant St, Cape Town, 8000
4.6. You have the right to make a complaint at any time to your territories’ specific South African, European Union or UK information regulator’s office (such as the South African Information Regulator’s Office or the Information Commissioner’s Office for the UK supervisory authority for data protection issues (www.ico.org.uk)). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.
4.8. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
5. The data we collect about you
We collect data to enable you to make use of Kin. This includes some personal information (your name and email address) to create a profile, banking details if you are using Kin to make transactions, and information about how you use Kin.
5.1. Personal data or information is anything that can identify you.
5.2. The kinds of personal data we may collect, use, store and transfer include:
5.2.1. Identity Data such as first name, maiden name, last name, username, marital status, title, date of birth and gender;
5.2.2. Contact Data including billing, delivery and email addresses and telephone numbers;
5.2.3. Financial Data including bank account and payment card details;
5.2.4. Transaction Data including details about payments to and from you, and products or services you get from us;
5.2.5. Technical Data, which includes internet protocol addresses, login data, browser type and version, time zone setting and location, browser plug-in types and versions, device data, operating system and platform and other technology on the devices you use to access Kin;
5.2.6. Profile Data including your username, password, interests, preferences, feedback and survey responses;
5.2.7. Usage Data about how you use Kin;
5.2.8. Marketing and Communications Data including your preferences for receiving marketing from us and our third parties, and your communication preferences.
5.4.We do not collect any Special Categories of personal data about you (for example, details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health, genetic or biometric data, criminal convictions or offences).
5.5. If we need to collect personal data by law or under the terms of a contract we have with you, and you don’t provide it, we may not be able to fulfil the contract and may have to cancel your access to Kin, but we will notify you at the time.
6. How your personal data is collected
When you interact with Kin, data is collected. Sometimes this is via direct interactions, such as when you complete the sign up process. When you use Kin, we may also collect some technical and usage information automatically, so we can understand how to make Kin better for our customers.
6.1.We collect data from and about you in different ways, such as:
6.1.1.Direct interactions: You may give us your identity, contact and financial data when you: register on or use our website, fill in website forms, create a Profile, subscribe to or use Kin, ask for support or marketing, give us feedback or correspond with us.
6.1.2. Automated technologies or interactions: When you interact with Kin, we may automatically collect technical data about your equipment, browsing actions and patterns by using cookies, server logs and other similar technologies. We may also get technical data about you if you visit other websites employing our cookies.
7. How we use your personal data
There is a table here that is very explicit about we use your data. We don’t sell, rent or snoop on you – that’s not cool! Your data is used to provide the services of Kin, and we analyse some data in aggregate to learn how to make Kin better.
Some data is also used to send you communication, or marketing, messages. We aim to only send messages and information that we think is useful. However, if you find that the information is not useful, you can unsubscribe from these messages at any time.
7.1. We will only use your personal data when the law allows us to and for legitimate reasons. The most common circumstances for us to do that are when:
7.1.1. we need to fulfil our contract with you;
7.1.2. it is necessary for our or a third party’s legitimate interests, and your interests and rights don’t override them;
7.1.3. we need to comply with a legal or regulatory obligation.
7.2. The table below describes all the ways we plan to use your personal data, and the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate. We may use your personal data for more than one reason or purpose depending on the circumstances. Please contact us if you’d like more details or information.
|PURPOSE/ACTIVITY||TYPE OF DATA||LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST|
|To register you as a new Website user or user of any of KIN’s Services||(a)Identity|
|Performance of a contract with you|
|To process and service your payment and/or transaction activities with KINTo manage payments, fees and chargesTo collect and recover money owed to us||(a)Identity|
(e)Marketing and (f)Communications
|Performance of a contract with you|
Necessary for our legitimate interests (to recover debts due to us)
(d)Marketing and (e)Communications
|Performance of a contract with youNecessary to comply with a legal obligation|
Necessary for our legitimate interests (to keep our records updated and to study how customers use our Services)
|To enable you to use our Services or complete a survey||(a)Identity|
(e)Marketing and (f)Communications
|Performance of a contract with youNecessary for our legitimate interests (to study how customers use our Services, to develop them and grow our business)|
|To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a)Identity|
|Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)|
Necessary to comply with a legal obligation
|To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a)Identity|
(e)Marketing and (f)CommunicationsTechnical
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our Website, Services, marketing, customer relationships and experiences||(a)Technical|
|Necessary for our legitimate interests (to define types of customers for our Services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about events or services that may be of interest to you||(a)Identity|
|Necessary for our legitimate interests (to develop our Services and grow our business)|
7.3. Marketing: We want to give you a choice about how your personal data is used for marketing purposes. There will usually be in-built prompts at the appropriate times, or you can contact us.
7.4 Promotional Offers from us: We may use your data to make assumptions about what you may want, need or find interesting or relevant. You may get marketing from us if you’ve asked for information, registered with or used Kin and have not opted out of getting that marketing.
7.5. Third Party Marketing: We will get your express opt-in consent before we share your personal data with any company outside of Kin.
7.6. Opting Out: You can ask us or third parties to stop sending you marketing at any time by logging into Kin and adjusting your marketing preferences, by following opt-out links on any marketing message you get, or by contacting us. Opting out does not apply to personal data you give us by using Kin.
7.6. Change of purpose
7.6.1. We will only use your personal data for the reasons we collected it, unless we believe there are other good and compatible reasons. We will explain how and why we think new reasons are compatible if you contact us.
7.6.2. If we need to use your personal data for other reasons, we will let you know and will explain why we can legally do so.
7.6.2. We may process your personal data without your knowledge or consent, in compliance with the above rules, if required or permitted by law.
8. Disclosures of your personal data
In order to enable you to use Kin, we may have to share your data with other parties with whom we have contracted in order to provide the services of Kin. We’ve put a list of those third parties in the Glossary. They’re well known organisations that we trust.
8.1. We may have to share your personal data with internal, external or specific third parties (please see the glossary) for reasons explained in the table above.
8.3. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes, and only let them process it for specified purposes and in line with our instructions and standards.
9. International transfers
Kin is in South Africa, but some of the services that we use to provide the Kin services are not in South Africa. This means that sometimes we transfer your data out of South Africa. We’ve taken care that your data is well protected in these instances.
9.1. We may share your personal data within Kin, and this might involve transferring your data outside of South Africa. If this happens, we make sure your data is protected by implementing at least one of these safeguards:
9.2.1. We will only transfer your personal data to countries that the European Commission believes provides adequate protection.
9.2.2. Where we use certain service providers, we may use specific contracts approved by the European Commission, which give personal data the same protection it has in Europe.
9.2.3. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal data shared between the Europe and the US.
9.3. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of South Africa.
10. Data security
We take this seriously! We’ve put measures and processes in place to keep your data secure. In the unlikely event of any breach, we’ve put in place procedures to make sure we take the right action.
10.1. We have security measures in place to prevent your personal data from being accidentally lost, accessed, used, changed or disclosed in any way that is unauthorised. We also limit access to your personal data to employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
10.2. We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach when we are legally required to.
11. Data retention
We don’t keep data longer than we need to. If you’d like us to delete your data, please let us know.
11.1. We will only keep your personal data for as long as is necessary to fulfil the purposes we collected it for, including satisfying any legal, accounting, or reporting requirements.
11.2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure, the purposes we process your data for and whether we can achieve those purposes through other means, and the applicable legal requirements.
11.3. You can contact us to get details of retention periods for different aspects of your personal data.
11.4. In some circumstances you can ask us to delete your data. (Please see below for more information.)
11.5. We may anonymise your personal data (so that it can’t be associated with you) for research or statistical purposes. In these cases we may use the information indefinitely and without notifying you.
12. Your legal rights
There are data protection laws which guide your rights to your data. If you want to know more about those rights, or actions that you can take, the list is here.
12.1. You have the right to request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
12.2. You can request the correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
12.3. You can ask for your personal data to be erased. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove your personal data if you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
12.4. You can object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which you feel impacts on your fundamental rights and freedoms. You also have the right to object if we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
12.5. You can request that the processing of your personal data be restricted. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
12.5.1. you want us to establish the data’s accuracy;
12.5.2. our use of the data is unlawful but you do not want us to erase it;
12.5.3. you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims;
12.5.4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
12.6. You can request the transfer of your personal data to you or to a third party. We will provide you, or a third party you have chosen, with your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to fulfil a contract with you.
12.7. You can withdraw your consent at any time if we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Website access or Services to you. We will advise you if this is the case at the time you withdraw your consent.
This is a list of the service providers and external third parties which make Kin work, and in doing so, might have access to your data.
13.1. Lawful basis:
13.1.1. “Legitimate Interest” means conducting our business in ways that enable us to give you the best and most secure service and experience. We consider potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data if our interests are overridden by the impact on you (unless we have your consent or are required or permitted to by law). You can get more information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
13.1.2. “Performance of Contract” means processing your data when necessary, or taking steps, to fulfil a contract with you.
13.1.3. Comply with a legal or regulatory obligation” means processing your personal data in order to comply with something we are legally obliged to.
13.2. Third parties:
13.2.1. “Internal Third Parties” means other companies who act as joint controllers or processors of Kin (such as Alexander Forbes Group Holdings Limited, Reg # 2006/025226/06), who are based in South Africa and who provide IT and system administration services and undertake leadership reporting.
13.2.2. “External Third Parties” means:
184.108.40.206. service providers acting as processors based in South Africa who provide IT, payment and system administration services (such as Peach Payments and Paysoft);
220.127.116.11. professional advisers acting as processors or joint controllers, including lawyers, bankers, auditors and insurers based in South Africa who provide consultancy, banking, legal, insurance and accounting services as required;
18.104.22.168. South African, UK or European Union regulators and other authorities acting as processors or joint controllers based in the United Kingdom or European Union who may require reporting of processing activities in certain circumstances;
22.214.171.124. Service providers based outside South Africa, acting as processers who provide communication services such as newsletters, usage reporting and other administration services. These include but are not limited to:
126.96.36.199.1. Mailchimp (The Rocket Science Group, LLC), which we use to manage email marketing subscriber lists and send emails to our subscribers.
188.8.131.52.2. Google, LLC, which provides our email service. We also use Google Analytics service to measure the performance of this website and our apps.
184.108.40.206.3. Squarespace, Inc., whose software (and associated add-ons) we use to manage the content of this website.
220.127.116.11.4. Zendesk, Inc., whose software (and associated add-ons) we use to manage the content of the community portal part of this website.
18.104.22.168.5. Firebase, a subsidiary of Google LLC, whose software we use in developing and providing the services provided by the Kin apps.