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 personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
5.2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
5.2.1. Identity Data including first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender;
5.2.2. Contact Data includes billing address, delivery address, email address, and telephone numbers;
5.2.3. Financial Data including bank account details and payment card details;
5.2.4. Transaction Data includes details about payments to and from you, and other details of products and services you have obtained from us;
5.2.5. Technical Data including internet protocol address/es, your 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 the Service;
5.2.6. Profile Data including your username and password, your interests, preferences, feedback and survey responses;
5.2.7. Usage Data including information about how you use our Website, Apps, and Services; and
5.2.8. Marketing and Communications Data including your preferences in 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 (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
5.5. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with Services or access to the Service). In this case, we may have to cancel Website-access or Services you have with us, but we will notify you if this is the case 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 use different methods to collect data from and about you including through:
6.1.1. Direct interactions: You may give us your Identity, Contact and Financial Data by filling in Website forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
18.104.22.168. use our Website;
22.214.171.124. create a Profile or register on our Website;
126.96.36.199. subscribe to and/or use our Services;
188.8.131.52. request support when using our Services;
184.108.40.206. request marketing to be sent to you; or
220.127.116.11. give us some feedback.
6.1.2. Automated technologies or interactions: As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie provision below for further details on cookies used.
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, which you hereby expressly understand and consent to. Most commonly, we will use your personal data in the following circumstances:
7.1.1. where we need to perform on the contract we are about to enter into or have entered into with you;
7.1.2. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
7.1.3. where we need to comply with a legal or regulatory obligation.
7.2. Purposes for which we will use your personal data:
7.2.1. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
7.2.2. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|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||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||Identity
Marketing and Communications
|Performance of a contract with you
Necessary for our legitimate interests (to recover debts due to us)
Marketing and 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||Identity
Marketing and 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)||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||Identity
Marketing and 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||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||Identity
|Necessary for our legitimate interests (to develop our Services and grow our business)|
18.104.22.168. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you, please use the in-built prompts provided on those communications, or contact us.
7.2.4. Promotional Offers from us
22.214.171.124. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).
126.96.36.199. You will receive marketing communications from us if you have requested information from us, have participated in any Service with us or if you provided us with your details when registering for our Services and, in each case, you have not opted-out of receiving that marketing.
7.2.5. Third-Party Marketing
188.8.131.52. We will get your express opt-in consent before we share your personal data with any company outside the KIN structure of companies (“KIN Companies”) for marketing purposes.
7.2.6. Opting Out
184.108.40.206. You can ask us or third parties to stop sending you marketing messages at any time by logging into the Service and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
220.127.116.11. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of the Service or our Services.
7.2.7. Change of purpose
18.104.22.168. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
22.214.171.124. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
126.96.36.199. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is 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 the parties set out below for the purposes set out in the table above.
8.1.1. Internal Third Parties as set out in the Glossary;
8.1.2. External Third Parties as set out in the Glossary;
8.1.3. Specific third parties listed in the table above; and/or
8.2. 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 permit them to process your personal data for specified purposes and in accordance 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 the KIN Companies. This might involve transferring your data outside of South Africa.
9.2. Whenever we transfer your personal data out of South Africa, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
9.2.1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
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 put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those 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 put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
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 retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of 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 personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
11.3. Details of retention periods for different aspects of your personal data are available from us by contacting us.
11.4. In some circumstances you can ask us to delete your data; see below for further information.
11.5. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to 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. Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please contact us to find out more about, or manifest, these rights:
12.1.1. request access to your personal data;
12.1.2. request correction of your personal data;
12.1.3. request erasure of your personal data;
12.1.4. object to processing of your personal data;
12.1.5. request restriction of processing your personal data;
12.1.6. request transfer of your personal data; and/or
12.1.7. right to withdraw consent.
12.2. No fee usually required:
12.2.1. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
12.3. What we may need from you:
12.3.1. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
12.4. Time limit to respond:
12.4.1. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
12.5. You have the right to:
12.5.1. 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.
12.5.2. Request 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.
12.5.3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where 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.
12.5.4. Object to 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 makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where 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.
12.5.5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
188.8.131.52. if you want us to establish the data’s accuracy;
184.108.40.206. where our use of the data is unlawful but you do not want us to erase it;
220.127.116.11. where 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; or
18.104.22.168. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
12.5.6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, 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 perform on a contract with you.
12.5.7. Withdraw consent at any time where 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.
13.2.1. “Internal Third Parties” means other companies in the KIN Companies acting as joint controllers or processors, such as Alexander Forbes Group Holdings Limited (Reg # 2006/025226/06), and who are based in South Africa and provide IT and system administration services and undertake leadership reporting.
13.2.2. “External Third Parties” means:
22.214.171.124. Service providers acting as processors based in South Africa who provide IT, payment and system administration services, such as Peach Payments;
126.96.36.199. 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; and
188.8.131.52. 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.
184.108.40.206. Service providers based outside of 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:
220.127.116.11.2. Google, LLC, which provides our email service. We also use Google Analytics service to measure the performance of this website and our apps.
18.104.22.168.3. Squarespace, Inc. whose software (and associated add-ons) we use to manage the content of this website.
22.214.171.124.4. Zendesk, Inc whose software (and associated add-ons) we use to manage the content of the community portal part of this website.
126.96.36.199.5. Firebase, a subsidiary of Google LLC, whose software we use in developing and providing the services provided by the KIN apps.