WEBSITE PRIVACY POLICY
Last Updated: June 2nd, 2024
We at Kaizen Pay Corporation (“Company”, “Kaizen”, “we”, “us”, or “our”) respect your privacy, and are committed to keeping secure and safe any information you supply to us.
We own, control, and operate the websites at https://www.kaizenprocessing.com, https://kaizen.payments.vertebraetechnologies.com, and https://www.kaizen-payments.com (including, without limitation, all subdomains and pages of both, collectively, the “Website”). Since your privacy is very important to us, and in order to best protect your information, we have adopted this Website Privacy Policy (“Privacy Policy” or “Policy”) to describe the collection, storage, processing, sharing, and use by the Company of personal information from you (“User”, “you”, or “your”) or that you may provide when you interact with our products, as well as your rights and choices regarding information you provide to us that may be stored on our servers. This Privacy Policy is governed by the Company’s Website Terms of Use [https://www.kaizen-payments.com/privacy-policy] (“Website Terms”), which includes all disclaimers of warranties and limitations of liabilities, and this Privacy Policy is incorporated and made part of the Website Terms by this reference. Capitalized terms that are used but not otherwise defined in this Privacy Policy have the respective meanings assigned to such terms in the Website Terms or in applicable other Website documents incorporated in the Website Terms.
Please note that this Privacy Policy does not apply to information collected, used, or stored by us through other means, including on any other website that may be operated by the Company or by any third party or through any third party that may link or be accessible from or on this Website. This Privacy Policy also does not apply to job applicants or Company employees.
Nothing in this Privacy Policy may be construed to create any obligation for the Company beyond what is required by applicable law.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. YOU MUST AGREE TO WHAT IS STATED IN THIS DOCUMENT (AS PART OF YOUR FULL AGREEMENT TO OUR WEBSITE TERMS) BEFORE YOU CAN ACCESS OR USE OUR WEBSITE, INCLUDING PURCHASING OUR PRODUCTS OR USING ANY SERVICES AVAILABLE ON THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE OR USING ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE OR PURCHASING OUR PRODUCTS, YOU AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THE TERMS OF THE WEBSITE TERMS, INCLUDING THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE WEBSITE TERMS, INCLUDING TO THIS PRIVACY POLICY, AND ANY OTHER DOCUMENTS REFERENCED AND INCORPORATED IN THE WEBSITE TERMS, YOU MUST NOT USE THIS WEBSITE. WHENEVER YOU SUBMIT INFORMATION TO THIS WEBSITE OR THROUGH ANY OF ITS SERVICES, PRODUCTS, OR BUSINESS OFFERINGS, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, THE WEBSITE TERMS, AND ANY SPECIFIC PROVISIONS OF THIS WEBSITE THAT MAY BE PRESENTED AT THE TIME THE INFORMATION IS COLLECTED. MOREOVER, ANY INFORMATION THAT YOU SUBMIT VIA THIS WEBSITE MAY BE STORED AND PROCESSED IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN WHICH THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, OR AGENTS OPERATE OR MAINTAIN FACILITIES, AND, BY USING THIS WEBSITE AND ITS SERVICES AND BY SUBMITTING ANY INFORMATION, YOU CONSENT TO ANY SUCH TRANSFER OF INFORMATION OUTSIDE OF THE COUNTRY OF ORIGIN.**Please note that, because your security and privacy is so important to us, NO ONE AT THIS COMPANY WILL EVER REQUEST YOUR PASSWORDS, USERNAMES, CREDIT CARD INFORMATION, OR OTHER PERSONALLY IDENTIFIABLE INFORMATION THROUGH UNSOLICITED E-MAILS, UNSOLICITED TELEPHONE CALLS, OR OTHER UNSOLICITED COMMUNICATIONS! It is possible you may receive an unsolicited call or e-mail from us to notify you of something (e.g., that a payment did not go through), but you will not be asked for any personal information. If you receive an e-mail, telephone call or other communication purportedly from us that requests personal information from you (including passwords, usernames, or credit card information), please let us know. Also, you should delete such an e-mail or end such a communication without responding to it!
**TABLE OF CONTENTS
1. Use of the Kaizen Website is Not for Children
2. Information We Collect and Receive
3. How We Use Your Information
4. How We Share/Disclose Your Information
5. Do Not Track
6. Links to Third Party Websites
7. Sweepstakes, Contests and Promotions
8. Your Rights Generally; Information Access and Control
9. Privacy Options/Opting Out
10. Accessing, Correcting, Deleting Your Information
11. Your State Privacy Rights (Including California Privacy Rights) and Your Rights Under the Laws of Other Countries
12. Security and How We Protect Your Personal Information
13. Storage, Transfer and Retention of Information
14. Updates; Notification of Privacy Policy Changes
15. Miscellaneous; How to Contact Us
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1. Use of the Kaizen Website is Not for Children
To Children and Parents
We strongly advise children to obtain their parents’ or guardian’s permission before submitting Personal Information (defined below) of any kind over the Internet. We urge parents and guardians to be very clear with their minor children regarding the dangers of giving out Personal Information online, in person or otherwise to anyone whom they don’t know. We also encourage parents and guardians to spend time online with their children and to participate in the activities offered on the sites they visit.
Children Under the Age of 18
We have determined that only persons aged 18 or older may use this Website (and any other products or services that be accessed or purchased via this Website). IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT VISIT ANY OF OUR PAGES OR USE OR ACCESS OR PURCHASE ANY OF OUR PRODUCTS OR SERVICES. IN ADDITION, PLEASE NOTE THAT ONLY PERSONS AGED 18 YEARS OR OVER MAY AGREE TO THE WEBSITE TERMS, INCLUDING THIS PRIVACY POLICY. PERSONS YOUNGER THAN 18 YEARS OF AGE MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OFFERED THROUGH THE WEBSITE. IF YOU ARE ACCESSING OR USING THIS WEBSITE OR USING OR ACCESSING OR PURCHASING ANY OF OUR PRODUCTS OR SERVICES, YOU REPRESENT TO US THAT YOU ARE 18 OR OLDER AND THAT YOU AGREE TO THE WEBSITE TERMS, INCLUDING THE PRIVACY POLICY.
Because we expressly forbid children under 18 years of age from accessing or using this Website, we do not knowingly collect or solicit information from anyone under the age of 18, nor do we knowingly allow such persons to make any purchases through this Website.
If You are under 18 years of age, please do not attempt to use any of our products or services, to make any purchases, or to send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any Personal Information (defined below) to or on this Website. If we learn that we have collected Personal Information from a child under the age 18 (whether with or without parental consent), we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 18 or about a child under the age of 18 that was not submitted by a parent or guardian, please contact us immediately at support@kaizen-payments.com.
2. Information We Collect and Receive
Collection of information by us in connection with this Website falls into two principal categories: (1) information voluntarily supplied by you, and (2) tracking information recorded as you navigate through the Website, including information collected automatically from you or your computer, smartphone, or other device when you use, access, or interact with the Website, as well as from third parties. Some of this information is personal information, personal data, or personally-identifiable information under applicable privacy and data protection laws in that it is technically information that may identify, or can be used to identify, the particular person or household to whom such information pertains (collectively, “Personal Information” or “personal data” or “PII”), such as, for example, name, postal address, e-mail address, telephone number, account credentials, IP address, and credit card information, etc., but much of the information collected through or by this Website is not personally identifiable Personal Information.
Information You Provide
Certain information, including Personal Information, is collected directly (actively) from you when you:
- Register for an account – when you create an account with us, we will collect Personal Information associated with your account, including your name, contact information, account credentials, payment card information, transaction history, and other Personal Information that may be necessary to confirm your identity.
- Communicate with us, such as to provide feedback, request support, or ask for additional information – if you communicate with us, we may collect your name, contact information, merchantID, and other identifying information, as well as the content of any messages you send.
- Use our products or services (e.g., our bookkeeping solutions, debt bidding platform, or anything else accessible on or through the Website) – when you use our products and services, we may collect Personal Information from any User content that is included or uploaded as part of your debt bids, tracked customer debt, accounts payable information, etc., including any business-verifying information to confirm beneficial ownership (which may include Personal Information). Note, too, that, in connection with our bookkeeping solutions and platforms, our business clients may input into our platforms or applications the Personal Information of their individual customers, including an individual’s home address, business address, phone number, e-mail address, bank account names, Stripe or Dwolla, or other payment vendors or platform IDs, balance information (e.g., amounts owed), etc.
- Interact with our social media pages – If You interact with any social media pages we may have, such as, on social media sites like Instagram, Facebook, X, Medium, YouTube, LinkedIn, etc., we will collect Personal Information that you elect to provide to us, such as your contact details. In addition, the companies that host our social media accounts may provide us with certain aggregated information and analytics about our social media interactions and engagements.
- Login through your own social media accounts – to the extent we allow you the option to register with us using your social media account details, such as through your Facebook, X, Instagram, or other social media account, we will receive certain profile information about you from your social media provider. Depending upon the social media provider, we may receive, for example, your name, e-mail address, profile picture, friends list, as well as other information you may choose to make public.
- Pay for products or services –we may collect data necessary to process your payment when you purchase our products or services. The information may be collected by a third-party vendor, and, if that is the case, you will be notified of the vendor and its privacy policies and practices at the time of collection. Note that we currently use Dwolla for electronic fund transfers (aka, via ACH (Automated Clearing House)), including identity verification and balance infrastructure/resources, and we currently use Stripe for credit card and debit card transactions. For payments, an individual may have to provide Personal Information, such as, for example, name, home address, business address, e-mail, bank account names, Stripe ID / Dwolla ID, balance information, and you may be transferred to a payment vendor/platform like Dwolla or Stripe.
- Subscribe to newsletters – if we have any newsletters or publications and you want to receive them, you will have to provide certain contact information, such as your name and e-mail address.
- Debt biddings/sales platform – you will have to create an account, as well as provide certain identifying information, including, for example, user name, password, e-mail address, etc. to use our debt bidding/sales platform. For moving amounts greater than $5,000 per week via ACH through our partnership with Dwolla you will need to fully verify your account with us which may require further documentation to satisfy Dwolla’s requirements
- Use interactive or social networking features of the Website – if we have any other interactive or social networking features of the Website, including, for example, a community platform or forum, chats, etc. separate from the bidding/sales platform, you will have to provide certain identifying information, such as, for example, a user name, a password, e-mail address.
- Promotions, Contests, etc. – at any time, we may set up focus groups, you to respond to surveys, have contests/sweepstakes, etc. For any of those things, if you choose to participate, you will likely have to provide some type of Personal Information. If you do not want to provide the Personal Information in those circumstances, then you should not participate in the focus group, survey, contest/sweepstake, etc.
- Otherwise interact with or access our services or products – any direct and active interactions with the Website or our products or services may involve your provision of Personal Information. We may collect Personal Information at other points on our Website where you voluntarily provide it or where we state that Personal Information is being collected. Be aware that if you give your name or send a communication, we will obtain the associated Personal Information (your name and contact information).
- Information provided to affiliated entities – the Company also may collect information, including Personal Information, from our affiliated entities. For example, you may sign up for newsletters or promotions with one of our affiliates and in so doing choose to receive information from us, as well.
Information Collected Automatically (Data Technologies)
We collect certain information, including Personal Information, from and about you automatically (passively). This information may include information about your use of our services or products, your use of other websites, as well as your interests and preferences. We automatically receive information of the sort that web browsers and servers typically make available. For example, as you use the Website, We may collect information about your browsing and usage history on this Website. As described below, this information may be collected through the use of cookies, clear gifs or web beacons, local shared objects or flash cookies, or through other identifiers or technologies, including similar technologies as they may evolve over time. We refer to these technologies collectively as “Data Technologies.”
The information we collect through Data Technologies may include, for example, the following:
- Your browser type;
- Information regarding your internet service provider or the type of device you used to access this Website,
- Your language preferences,
- Transactional information, including information about the transactions that you may enter into, such as transaction amount, type and nature of the transaction, and time and date of the transaction,
- Pages visited, and
- The date and time of each page request.
There is information that we collect automatically from you through Data Technologies that may be considered Personal Information under applicable laws. For example:
- Your IP address. An “IP address” (or Internet Protocol address) is a number that is automatically assigned to your computer when you use the Internet. Log Data. Log data is information that your browser automatically sends whenever you use our website.
- Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Website.
- Usage Data. As you use the Website and its products and services, we may automatically collect information about how you interact and use the Website and its products and services, such as the types of content that you view or engage with, the features you use and the actions you take, pages and files viewed, searches, as well as your times zone, country, dates and times of access, user agent and version, type of computer or mobile device, computer connection, hardware settings, and device event information (such as, for example, system activity, error reports (sometimes called “crash dumps”).
- Device Data. Device data includes information about your computer, phone, tablet, or other device that you use to access the Website or any of its products or services. The information may include your IP address (or proxy server), the name of the device and application identification numbers, your location, the browser type, hardware model, operating system, and system configuration information. The device data collected may depend upon the type of device you use and its settings.
- Location Data. We may receive certain information about your device’s location. How much information we collect and how accurate it is depends on the type and settings of the device you use to access the Services. You can opt out of allowing us to collect this information by refusing access to the information or by disabling your location settings on your device. If you choose to opt out, realize that you may not be able to use or access certain features or functions of a website or may otherwise negatively affect the features or functions of a website.
- “Cookies” (or “browser cookies”). This Website may use certain software technology known as “cookies.” Cookies are small pieces of data (text files) that are stored by a user’s web browser on the user’s hard drive where it can be used to identify your computer. These pieces of data take up very little room on your system. Cookies are used to store certain “session” data or information about the user, such as the user’s preferences. You can set your browser to accept all cookies, reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. However, refusing a cookie may prevent you from being able to use all features or functions of a website or may otherwise negatively affect the display, features, or functions of a website.
- Flash Cookies. Certain features of our Website may use local stored objects (or “Flash Cookies”), which use Adobe Flash Player, to provide special content, such as video streaming, video on demand, video clips, or animation. Flash, and similar applications, use Flash Cookies to collect and store information about your preferences and navigation to, from, and on our Website, including certain settings, preferences, and usages. Flash Cookies are not managed by the same browser settings as are used for browser cookies. Flash Cookies are managed directly through Adobe’s websites, rather than through your web browser.
- Web Beacons And Click-Stream Data. Web pages on our Website, including third party advertisements and/or offers, may contain non-visible electronic images (sometimes called “web beacons,” “web bugs,” “single-pixel GIFs” or “clear GIFs”) that allow a website to access cookies or to count users who have visited particular pages on a website.
- Purchase or Product/Service Use History. When you use or access our products or services or make purchases, we may have information regarding your history of such uses and/or purchases.
Categories of Personal Information Collected From the Above Sources (Information Provided and Information Collected Automatically)
The personal data collected from the various sources described above may include:
- Contact information (such as name, e-mail address, mailing address (home and/or business), and phone numbers);
- Payment information (including credit card information, debit card information, billing address, and bank account information);
- Account log-in information and credentials;
- Purchase or product/service use history;
- Customer information, including account information, invoice dates, invoiced amounts, payments made, amounts owed;
- Demographic information (such as, if requested and if you supply it, the number of people in your household, job type, information on your income and assets, age, etc.);
- Photographs, images, video and other user-generated content such as materials that you may submit for any interactive features and any contests or sweepstakes or any other thing that requires you to send or upload data or information; and
- Log data, IP address, usage data, device data, location data, and other data gathered by the Data Technologies as described above that we receive when you visit and interact with our Website.
Information Collected from Other Sources
In addition to the above information, we may also obtain information about you from other sources, as described in more detail below.
- Vendors and Business Partners. We may receive Personal Information and/or anonymous data about you from companies that offer their products and/or services for use in conjunction with our Website or whose products and/or services may be linked from our Website. We may add this to the data we have already collected from or about you through our Website.
- Advertising Data. This includes data and other information that relates to our ad campaigns that run on other platforms, such as the ads you may have clicked on and other interactions with our ads.
While certain types of information described above, such as usage data and information collected from third parties, are generally non-identifying on a stand-alone basis, we may in certain instances combine this information with other information collected on the Website, as described above. If we ever combine non-identifying information with Personal Information or other information that enables you to be identified, we will treat such combined information as Personal Information. We do not currently use your Personal Information for automated decision making which produces legal effects concerning you or similarly significantly affects you.
When Purchasing Products or Otherwise Making Payments, You Provide Information to Another Entity
PLEASE NOTE THAT WHEN YOU PURCHASE PRODUCTS VIA OUR WEBSITE OR OTHERWISE MAKE PAYMENTS TO US, YOU WILL BE TRANSFERRED TO AND INTERACTING DIRECTLY WITH A PAYMENT VENDOR (E.G., DWOLLA FOR ELECTRONIC FUND TRANSFERS – AUTOMATED CLEARING HOUSE (“ACH”) AND STRIPE FOR CREDIT CARD AND DEBIT CARD TRANSACTIONS, AND POSSIBLY OTHER PAYMENT PLATFORMS AND VENDORS) WITH REGARD TO THE SPECIFIC PURCHASE OR PAYMENT TRANSACTION, AND YOU WILL NOT BE PROVIDING TO US YOUR PERSONAL INFORMATION IN CONNECTION WITH THE TRANSACTION. YOUR SUBMISSION OF ANY INFORMATION (INCLUDING PERSONAL INFORMATION) AT THAT POINT WILL BE GOVERNED BY DWOLLA’S OR STRIPE’S (OR ANY OTHER PAYMENT VENDOR’S OR PLATFORM’S) PRIVACY POLICY. To learn more about the collection, use, processing, and storage of your information (including Personal Information) when you purchase products or otherwise make payments through our Website, see, as applicable, the payment vendor/platform’s privacy policy, such as, for example, Dwolla’s privacy policy and related documents at https://www.dwolla.com/legal/privacy#privacy-policy-cookies and elsewhere on the Dwolla website (at https://www.dwolla.com/) or Stripe’s privacy policy at https://stripe.com/privacy?, Stripe’s privacy center at https://stripe.com/legal/privacy-center?.
3. How We Use Your Information
Use of Personal Information Generally
We may use the information that we collect and process for a variety of purposes related to the Website, including, without limitation, to:
- Identify you and potentially improve and/or customize the Website, including products and services offered or made available to you
- Process transactions that you complete via the Website
- Send you administrative notices
- Address inquiries and respond to customer service requests, questions, and comments
- Send you newsletters and transaction confirmations via e-mail
- Send you more relevant marketing communications, promotional materials, and general Company and Website information/product updates
- Identify trends, conduct data analysis, and determine the effectiveness of our marketing and promotions and other Website offerings
- Improve your experience and increase the efficiency and effectiveness of the Website and functionality offerings
- Maintain security
- Enforce our Website Terms and applicable law and to screen for potential fraud
- Analyze Website usage, User preferences, browser behavior, and other trend data
- Maintain business records and processes
- Solicit feedback, reviews, and other information regarding your experience with the Website, including, without limitation, with respect to certain features and functionalities that you would like to see on the Website, or that we have recently rolled out onto the Website
- Test new features, Website offerings and functionalities on the Website
- Comply with our legal and regulatory obligations, including but not limited to “Know Your Customer” and anti-money laundering checks, tax reporting, assisting with law enforcement, investigations, and/or judicial proceedings;
- For other purposes that we believe are necessary to protect our rights and the rights of others, or as otherwise described to you at the time of collection
We may also use certain collected information on an aggregated and/or anonymized basis in order to conduct market research, engage in project planning, for troubleshooting purposes, to help detect and protect against error, fraud, or other criminal activity.
How We Use Information Received Through Data Technologies
As indicated above, some of the information we collect about you is via your use of our Website and products/services through Data Technologies. We use Data Technologies to help us identify and track visitors, their usage of our services, and their website access preferences.
- Cookies
Cookies on Our Website. For example, with regard to cookies, they help Us to customize and personalize our Website for you and to make its navigation easier. They also help us to track information so that we can, for example, estimate the number of persons that use our Website and determine which areas of the Website are the most popular. Cookies make it easier for a User to move from web page to web page and to complete commercial transactions over the Internet. Cookies themselves do not necessarily contain personal information. Cookies may be used to enable a website to link a user’s use of the website with personal information provided by a user. Thus, unless You register for an account with us, the cookie will not provide us with any Personal Information about you, such as your name or e-mail address. A more detailed list of the cookies we currently use and how we use, or may use, them are as follows:
- Security: We secure the Website with cookies that facilitate security features and allow us to detect activity that might violate our rules and Website Terms, such as unauthorized access or activity.
- Localization: We use some cookies to help us provide localized experiences, such as displaying the Website in the local language.
- Service Features: We use certain cookies to provide greater functionality to the Website and help us deliver our products and services.
- Performance: We use performance cookies to help us route traffic between servers and understand how the Website is performing so we can provide users with the best experience possible.
- Analytics and Research: We use certain cookies and other technologies also help us to understand, improve, and research features and content on the Website.
Cookies from Third Parties. Third party advertisers, service providers, or websites that are accessed from links on this Website may also place cookies on your computer. We do not have control over these cookies or responsibility for information collected through them. We advise you to read the privacy policies of these third-party advertisers, service providers or websites to learn their respective privacy policy and practices regarding cookies and other matters. Most Web browsers are set up so that they will initially accept cookies, but you may be able to modify the browser preferences to issue an alert to you when a cookie is downloaded. Some Web browsers provide you with the ability to turn off or refuse cookies. However, as noted above, if you turn off, reject, or refuse cookies, some of the features of this Website (or other websites) may not function properly, and you may not be able to use many of our services or features. Also, please note that, if you turn off, reject, or refuse cookies, the security of your account may be affected, since it will be more difficult for Us to know if Your account has been hacked or otherwise compromised.
- Web Beacons and Click-Stream Data
With regard to web beacons and click-stream data, as indicated above, these non-visible electronic images (sometimes called “web beacons,” “web bugs,” “single-pixel GIFs” or “clear GIFs”) allow the Website to access cookies or to count users who have visited particular pages on the website. These web beacons, used in combination with cookies, help us to understand the behavior of visitors and users. HTML-formatted e-mail messages (messages that include graphics) also may contain web beacons that allow us to determine which e-mail messages were opened and whether a message was acted upon, as well as to access cookies and count users. Information that we use from a technology like this that tells us how visitors use this Website (for example, which pages they view, which links they use, and which search terms they put in) is called “click-stream data.” Click-stream data helps us to determine what is important to you and what is not. It helps us to decide what content and features to add and what to discard. It also helps us to determine whether our Website is easy to use or whether we need to redesign certain pages or links. While click-stream data does not typically identify a user personally, we may combine navigational information that we collect during your visit to this Website with Personal Information that you provide.
- Restricting Use of Data Technologies
You may be able to restrict our use of certain Data Technologies, such as cookies, by modifying your browser settings. For example, as discussed above, your web browser may enable you to refuse cookies. By restricting our use of Data Technologies, however, realize that certain features of our services and products may not function properly.
Third Party Use of Cookies and other Tracking Data Technologies
We may allow third parties to use Data Technologies on our Website. The information collected from these Data Technologies may be shared with and used by us, by others acting on Our behalf, or by third parties. Information collected by Data Technologies may be used on this Website or on other websites, services, or online applications, including websites that may not be operated by us. For example, we may partner with third party ad networks to either display advertising on our Website or to manage our advertising on other sites. These ad-network partners use Data Technologies to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests.
There may be content or applications, including advertisements, on the Website that are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. They may use cookies alone or in conjunction with web beacons or other tracking Data Technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking Data Technologies or how they may be used.
If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see, below, “Privacy Options/Opting Out.” [GO TO SECTION 9]
4.How We Share/Disclose Your Information
We May Disclose Aggregated or De-Identified Information or Other Non-Personal Information
We may disclose aggregated information about our Users and information that does not identify any particular individual (i.e., is not Personal Information) without restriction.
We may aggregate or de-identify Personal Information and use the aggregated information, for example, to analyze the effectiveness of our services, to improve and add features to our services, to conduct research, to understand our users better, and for other similar purposes. In addition, we may use aggregated information to analyze the general behavior and characteristics of Users of our Website and its products and services, and we may share aggregated information (such as general user statistics) with third parties. We may publish such aggregated information or make such aggregated information generally available. We may collect aggregated information through the services, through cookies, and through other means described in this Privacy Policy.
Such aggregate data is anonymous and does not contain any Personal Information about the Users. We will maintain and use de-identified information in anonymous or de-identified form, and we will not attempt to reidentify the information.
Disclosure of Personal Information
Absent your prior consent, we will share your Personal Information with third parties only in the ways that are described in this Privacy Policy, including as set forth below, and we do not otherwise sell or disclose your Personal Information to third parties.
- To contractors, service providers, vendors, and other third-party providers who use it to support our business and use it only for the purposes for which we disclosed it. We may use third parties to outsource one or more aspects of our business and/or Website operations (such processing transactions that you initiate through the Website, customer service functions, data processing, web analytics, maintenance, and security execution and clearing services), in which case, we may provide your Personal Information to such third parties in connection with the performance of such activities. Such third parties will only use your Personal Information to the extent necessary to perform their functions and will be contractually bound to process your Personal Information only on our behalf and in compliance with our requests.
- To advertisers, analytics service providers, etc. We also work with (or may in the future work with) analytics service providers and other vendors (such as network advertisers and ad agencies) to provide them with information regarding traffic on the Website, including pages viewed, content interacted with, and actions taken by users when visiting the Website; to serve advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Website and the effectiveness of any advertisements and other marketing campaigns that we may choose to initiate. Our service providers may collect certain information about your visits to, and activity on, the Website as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and Web beacons), and they may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Website or other online websites and services. As discussed above, we may also share certain non-Personal Information with these parties, in connection with the services they provide to us.
- To a buyer of the Company or its assets or other successor of the Company. In the event that we undergo a re-organization, are sold to, or merged with, a third party, or sell all or substantially all of our assets, any Personal Information we hold about you may be transferred to that re-organized entity or third party in compliance with applicable law.
- To entities with regard to bankruptcy, reorganization, receivership, etc. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.
- To subsidiary, affiliate, or other related company. We will also share your information with any member, subsidiary, parent, or affiliate of our corporate group only for legitimate business reasons and purposes as set out above, including to assist in the improvement and optimization of the Website, to prevent illegal uses, increase user numbers, for development, engineering and analysis of information, or for our internal business purposes.
- To enforce or apply our Terms of Use and other agreements (including for billing or collection purposes) or bring legal action. We may use your Personal Information to enforce our Website Terms or to collect monies owed to us. In addition to the foregoing, we also reserve the right, and you hereby authorize us, to share or disclose (including, without limitation, to law enforcement agencies, public authorities, governmental departments, or other similar organizations) information we collect, including your Personal Information, and any other information, records or electronic communications of any kind, when we determine (in our sole discretion), that the disclosure of such information is necessary to identify, contact, or bring legal action against you if:
- you are or may be violating the Website Terms or this Privacy Policy, or if otherwise necessary to enforce our Website Terms or other policies governing the Website; - you are interfering with our or any third party’s rights or property;
- you are violating any applicable law, rule, or regulation; necessary or required by any applicable law, rule, or regulation, including a subpoena or similar legal process or request/order;
- necessary or required for purposes of public importance, to protect our rights, protect your safety or the safety of others, investigate security, technical issues, or fraud, or respond to a government request
- requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional, or national emergency;
- necessary to support any audit, or to comply with similar corporate governance functions;
- and/or otherwise consented to by you.
To comply with any court order, law, or legal process. This includes having to meet national security or law enforcement requirements, to respond to any government or regulatory request, to protect or defend our rights or property, to prevent fraud, to act in urgent circumstances to protect the personal safety of Users of our Website and services (or the public), or to protect against legal liability.To fulfill the purposes for which you provide it.For any other purpose disclosed by us when you provide the information.With your consent.
5. Do not Track
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is currently no consensus among industry participants as to what “Do Not Track” means in this context, and there is no universally-accepted technology standard for recognizing and implementing “do not track” signals . Thus, like other websites and online services, we do not alter our practices when we receive a “Do Not Track” signal from a User’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. If you are a California resident, see also Section 11 “Your State Privacy Rights (Including California Privacy Rights) and Your Rights Under the Laws of Other Countries”, below with regard to the California Do Not Track Disclosure required under “CalOPPA.”
6. Links to Third Party Websites
The Website may include links to other websites, mobile applications, or services, such as, for example, Instagram, X, Facebook, and Discord (collectively, “Third Party Sites”), whose privacy practices may differ from those set forth herein. Such links are not an endorsement by the Company of those Third Party Sites and/or the products or services they offer. If you visit Third Party Sites or submit information to any of those Third Party Sites, your visit and information provided is governed by their privacy statements and policies. We encourage you to carefully read the privacy statements and policies of any Third Party Site you visit, as it may differ substantially from that of this Privacy Policy. We make no representations or warranties with respect to, nor are we responsible for the privacy statements and policies of, any Third Party Sites. If you decide to click on any such links or access any Third Party Sites appearing on the Website, you do so at your own risk.
7.Sweepstakes, Contests and Promotions
We may offer sweepstakes, contests, and other promotions through the Website (“Promotions”) that may require registration. If you choose to participate in any Promotions, you acknowledge and agree that, by entering or otherwise participating in such Promotions, you are agreeing to the official rules that govern such Promotions, which may contain specific authorizations from you regarding the uses of your information, including, for example, except where prohibited by law, allowing the sponsor(s) of such Promotions to use your name, voice, likeness, or other indicia of persona in advertising or marketing associated with such Promotions. Additionally, if you choose to enter or participate in any Promotions, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotions, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the official rules of such Promotions, such as on a winner’s list. Thus, it is important that you carefully read the official rules of any Promotions before you agree to participate or enter.
8. Your Rights Generally; Information Access and Control Depending on your location and circumstances, you may have certain statutory rights in relation to your Personal Information. For example, Users in the European Economic Area, the United Kingdom, and across the globe may have certain specific rights they can exercise with regard to the use, access, or disclosure of their Personal Information. For example, you may have the right to access your Personal Information, delete your Personal Information, correct or update your Personal Information, transfer your Personal Information elsewhere, withdraw your consent to the processing of Personal Information where we rely on consent as the legal basis for processing, and object to or restrict the processing of your Personal Information where we rely on legitimate interests as the legal basis for its processing, etc.
Below is a general summary of some of the rights individuals may have depending upon residency, citizenship, or location.
- Users who are citizens or residents of the European Economic Area or United Kingdom may have certain rights under the European General Data Protection Regulation (GDPR), including the right to: (i) request access to, and obtain a copy of, your Personal Information (free of charge); (ii) request rectification or erasure of your Personal Information; (iii) object to or restrict certain processing of your Personal Information; (iv) request portability of your Personal Information; and (vi) take legal action in relation to any breach of your rights regarding the processing of your Personal Information, and (vii) lodge complaints before data protection regulators. Additionally, if we have collected and processed your Personal Information with your consent, you have the right to withdraw your consent at any time.
- If you are a California resident, you may have certain rights under various laws, including, if applicable, under California Consumer Privacy Act (““CCPA”). Residents of Colorado, Virginia, and other states also have (or may in the future have) certain rights under the applicable privacy laws of such state. These rights may include the right to (i) request access to, details regarding, and a copy of the Personal Information we have collected about you and/or shared with third parties; (ii) request deletion of the Personal Information that we have collected about you; and (iii) opt out of the sale of your Personal Information. As the terms are defined under the CCPA (and other applicable state privacy and data protection laws), we do not “Sell” your “Personal Information.”
PLEASE NOTE, HOWEVER, THAT, CURRENTLY, THIS WEBSITE IS MEANT FOR USERS IN NEW YORK AND CALIFORNIA, USA ONLY, AND WE DO NOT GUARANTEE THAT WE ARE COMPLIANT WITH LAWS IN OTHER STATES OR IN OTHER COUNTRIES.Please see below (particularly in Section 11 “Your State Privacy Rights (Including California Privacy Rights) and Your Rights Under the Laws of Other Countries”) [GO TO SECTION 11] for more information about your rights under various privacy and data protection laws and in various jurisdictions.
9. Privacy Option/Opting OutYou have options as to types of information or communications you may want to receive from us or others. To the extent you are permitted to create an account or to the extent you enter or participate in any Promotions, you may be “opting in” to receive certain communications from us, particularly if you are in the United States. However, please note that, if you have opted in but decide that you do not want us to use your email or other information to promote our own or third parties’ products or services, you can “opt out” [by checking the relevant box located on any form on which we collect your data,] by e-mailing as instructed on any form on which we collect your data or as set forth in this Privacy Policy, by otherwise following any instructions provided to you at the time of collection of Private Information, or as otherwise set forth in this Privacy Policy. You also may send us an email stating your request to support@kaizen-payments.com. Also, please note that, when you receive an e-mail from us, there should be a link at the bottom of the email that allows you to “opt out” from receiving more communications from us and/or there will be other information instructing you how to “opt out.” Realize, though, that if you choose not to receive e-mails or other communications from us, you may not be receiving the latest information on our features, services, products, or about other recent information that is useful to you as a User of this Website and our products or services. Also, this does not affect our right to contact you for something that is related to our business with you (including, for example, late payments or other payment issues with us or with a business who is a client of ours (and where we are that business’ vendor/service provider), payment transactions, or other legitimate business reasons that involve you).
Note that if you contact us to delete/deactivate certain Personal Information from the Website’s database by contacting us, because of backups and records of deletions, it may be impossible to delete a User’s entry entirely without retaining some residual information. An individual who requests to have Personal Information deactivated will have this information functionally deleted, however, and we will not sell, transfer, or use Personal Information relating to that individual in any way moving forward, notwithstanding previous consents from you.
Email Notifications and Opt-Out
We maintain a strict “no-spam” policy. As applicable, by accepting the Website Terms, which includes this Privacy Policy, you expressly agree that we may use your information to contact you by e-mail in order to deliver you information that is relevant to your use of the Website such as administrative notices, transaction confirmations, product/service enhancements or “newsletters” (collectively, “Email Notifications”). You may choose to stop receiving Email Notifications from us by following the instructions included in such communications. If a third-party vendor provides such Email Notifications, you may unsubscribe in accordance with the instructions provided by such third party, but note that we do not have control or responsibility for Email Notifications that come from third-party vendors. If you are having problems unsubscribing in connection with any Email Notifications from us, please contact us at support@kaizen-payments.com (forwarding the Email Notification, if applicable, and including in the subject line the words “Unsubscribe”), and you will be removed within seven (7) business days. Please note that we will not process any unsubscribe requests submitted as direct replies to any Email Notification.
For more about this Website’s privacy options, we may in the future include information in the FAQs to explain further. You can always check this Privacy Policy for updated information, however
.
Other options and choices You have about the disclosure of your personal information are as follows:
- Tracking Information and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage Your Flash Cookie settings, visit the Flash player settings page on Adobe’s website. If You disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
- Disclosure of Your Information for Promotional Offers from the Company or Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by checking boxes or following other instructions on forms you may receive from us, setting user preferences, etc., as discussed above.
Please keep in mind that we do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. For example, You can “opt out” of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website (at https://optout.networkadvertising.org/).
Also, please keep in mind that, when we provide Personal Information to third-party vendors, they need such information to perform their functions. These vendors are not authorized to use the information we share with them (or that our affiliates or business partners share with them) for any purpose other than to provide services to us, our affiliates, or our business partners.
10. Accessing, Correcting, Deleting Your InformationTo the extent you are permitted to have an account with us or we otherwise store your Personal Information as permitted by this Privacy Policy, you may request to access, delete, or change/correct such Personal Information by sending us an email at support@kaizen-payments.com. The settings will also have information and mechanisms to allow you to control and make decisions about how your data, including Personal Information, is used. Be aware that, in most cases, to the extent you have an account, we will not be able to delete your Personal Information except by also deleting your User account. Also, we may not be able to accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Also, to the extent we still have business with you (e.g., the services we are providing are not completed or there is a business or other applicable and permitted reason for continuing our relationship with you), we likewise may not be able to fully delete your Personal Information.
Note, too, that if you request to delete your Personal Information that you provided to us or this Website or in connection with any of our products/services from the Website/products/services, copies of your content/information may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.
11. Your State Privacy Rights (Including California Privacy Rights) and Your Rights Under the Laws of Other CountriesResidents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah, may have additional Personal Information rights and choices, as may users from countries outside of the U.S. Please see more below about your state privacy rights and your rights under the laws of other countries.
Please continue to check back here for more information about your rights under California or other state laws, as well as for your rights under the laws of other countries and jurisdictions, when and if available.Privacy and Data Protection Laws and Your Rights in Other Countries/Jurisdictions (Outside the U.S.)
NOTE THAT THIS WEBSITE IS INTENDED FOR USE BY RESIDENTS OF THE UNITED STATES OF AMERICA, AND IT IS GOVERNED BY THE LAWS OF THE UNITED STATES.
WHILE THIS WEBSITE MAY COMPLY WITH MANY OF THE RULES, POLICIES AND LAWS OF THE EUROPEAN UNION OR OTHER COUNTRIES OR JURISDICTIONS, WE DO NOT GUARANTEE THAT THIS WEBSITE IS OR WILL BE IN COMPLIANCE WITH THE RULES, POLICIES OR LAWS OF ANY COUNTRIES OTHER THAN THE UNITED STATES OR OF ANY JURISDICTIONS OUTSIDE OF THE UNITED STATES. THUS, PLEASE NOTE THAT WE DO NOT GUARANTEE THAT THIS WEBSITE IS IN COMPLIANCE WITH THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (GDPR), ANY “PRIVACY SHIELD” OR “SAFE HARBOR” PRINCIPLES THAT MAY BE APPLICABLE, OR ANY OTHER LAWS, RULES OR PRINCIPLES GOVERNING NON-U.S. RESIDENTS OR WEBSITES OR TRANSACTIONS OR COMMUNICATIONS WITH NON-U.S. RESIDENTS OR WEBSITES.
We respect the privacy of all users of this Website, and we are committed to safeguarding personal privacy online. This Website has been designed with your privacy and security in mind. WE TAKE APPROPRIATE MEASURES TO SAFEGUARD ANY PERSONAL INFORMATION WE MAY COLLECT, ACCESS, STORE, OR PROCESS, BUT WE COMPLY ONLY WITH APPLICABLE U.S. LAWS. IF YOU ARE A RESIDENT OR CITIZEN OF ANOTHER COUNTRY, WE WOULD ASK THAT YOU NOT USE THIS WEBSITE. However, by using our products or services, you acknowledge and agree that your Personal Information may be transferred from your location to our servers and facilities in the United States or elsewhere and that we are compliant only with U.S. laws.
Even though we are not compliant with GDPR and similar laws in the UK or elsewhere, we nonetheless expressly state that we rely on the following legal bases to process your Personal Information:
- Performance of a contract. We process your Personal Information when we believe it is necessary to fulfill our contractual obligations to you, including to provide our services to you and to maintain our services or at your request prior to entering into a contract with you. When we process account information (i.e., the information you need to submit to create and maintain your account, to the extent you have an account), your User-content (including any documents you upload or information you supply in connection with those documents), and technical information (i.e., data received through data technologies, like cookies, etc.) solely to provide our services to you, this information is necessary to be able to provide those services. If you do not provide this information, we may not be able to provide our services to you.
- With your consent. We process Personal Information with your consent. We may ask for your consent to process your Personal Information for specific purposes that we communicate to you. If you have given us permission to use your Personal Information for specific purposes, we will use your information for those purposes. You have the right to withdraw your consent at any time.
- Our legitimate interests. We may process your Personal Information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests or any fundamental rights. For example, our legitimate interests include diagnosing problems, protecting our services from and preventing abuse, fraud, or security risks, understanding how our users use our products and services so that we can improve use experiences, or developing, improving, or promoting our services, including when we train our models. These uses may include the processing of account information (that you submit if you create an account), user-generated content (including any information you may be permitted to upload), social media information (including your interactions with our social media accounts), and technical information (i.e., data received through data technologies, like cookies).
- Compliance with our legal obligations. We may process your Personal Information when we believe it is necessary for compliance with legal obligations and applicable laws, including with regard to orders or regulations from a law enforcement entity or regulatory agency, to exercise or defend our legal rights, in connection with any litigation in which we are involved in which disclosure of your Personal Information is required, or to protect the rights, safety, and property of the Company, our affiliates, our Users, or third parties.
- Vital interests. We may process your Personal Information when we believe it is necessary to protection your vial interests or the vital interests of another person or entity, such as situations that involve threats to the safety of a person.
Rights in Other States, Including CaliforniaNote that state consumer privacy laws may provide their residents with additional rights regarding use of their Personal Information. CURRENTLY, WE INTEND FOR THE USE OF OUR PRODUCTS AND SERVICES ONLY IN CALIFORNIA AND NEW YORK.
Rights in California
- California Shine the Light Law
California’s “Shine the Light” law (California Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. We currently do not make such disclosures, but, to the extent we undertake such disclosures, you will be able to make a request regarding our disclosures by sending an email to support@kaizen-payments.com.
- California Do Not Track Disclosure (“CalOPPA”)
Pursuant to the California Online Privacy Protection Act (CalOPPA), at Cal. Business & Professions Code §§22575-79, to the extent we collect any Private Information from any California residents, we are required to disclose to those California residents whether we respond to their “do not track” requests. More specifically, certain web browsers may allow a user to enable a “do not track” option that sends signals to the websites the user visits indicating that the user does not want the user’s online activities tracked. This is different than blocking cookies, and browsers with the “do not track” option selected may still accept cookies. There is currently no universally-accepted technology standard for recognizing and implementing “do not track” signals. Furthermore, our services/products currently do not have the functionality to recognize or honor “do not track” browser signaling. Thus, we do not respond to “do not track” signals. If a standard for online tracking is adopted in the future that we are required to follow, or if we otherwise are able to respond to such signals, we will modify this Privacy Policy accordingly.
- California Consumer Privacy Act (CCPA)
If You are a California resident, California law may provide you with additional rights regarding a business’ use of your Personal Information under the CCPA. WE (AND OUR WEBSITE) ARE NOT CURRENTLY A COVERED BUSINESS SUBJECT TO THE RESTRICTIONS AND REGULATIONS OF THE CCPA, BUT WE NONETHELESS ARE DILIGENT ABOUT PROTECTING YOUR PRIVACY RIGHTS AND ABOUT HONORING ANY REQUESTS FROM OUR USERS REGARDING THEIR PRIVATE INFORMATION. To learn more about your California privacy rights under the CCPA, see the California Consumer Privacy Act of 2018, California Civil Code § 1798.100, et seq. or visit the California Attorney General FAQs about the CCPA at https://oag.ca.gov/privacy/ccpa.
While we are not required to comply at present, we will do our best to respond to your requests. Just as the CCPA provides, if you are a California resident, you may request once a year, free of charge, certain information regarding our disclosure of Personal Information to third parties for direct marketing purposes. Specifically, if we engage in any direct marketing, and if you request it, we will endeavor to provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes, along with the names and addresses of these third parties. To make such a request, please contact us at suport@kaizen-payments.com. Note that we may not respond to requests submitted other than to the contact points listed in this Privacy Policy. You should put “California Privacy Rights” in the subject line and in your request. Also, realize that we may need to verify your identity before providing information.
Moreover, while the CCPA does not currently apply to us, in the interest of transparency and protecting your privacy rights, see below for additional information that would normally be set forth in a compliant California privacy notice.
Personal Information We Collect
See above for more detail about the Personal Information we collect. For the categories of Personal Information as defined in the CCPA (in Section 1798.140), note that our Website collects, or has collected within the last twelve (12) months, the following categories of Personal Information from its consumers (i.e., natural persons who are California residents):
CategoryExamplesCollected/Not CollectedA. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.Yes, collected.B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.Some personal information included in this category may overlap with other categories.Yes, collected.C. Protected classification characteristics under California or federal law.Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
No, not collected.D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.Yes, collected.E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.No, not collected.F. Internet or other similar network activity.Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.Yes, collected.G. Geolocation data.Physical location or movements. No, not collected.H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.No, not collected.I. Professional or employment-related information.Current or past job history or performance evaluations.No, not collected.J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. No, not collected.K. Inferences drawn from other personal information.Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.No, not collected.L. Sensitive personal informationSensitive personal information is:(1) Personal information that reveals: (A) A consumer’s social security, driver’s license, state identification card, or passport number. (B) A consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. (C) A consumer’s precise geolocation. (D) A consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership. (E) The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication. (F) A consumer’s genetic data.(2) (A) The processing of biometric information for the purpose of uniquely identifying a consumer. (B) Personal information collected and analyzed concerning a consumer’s health. (C) Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.
Yes, collected.As discussed above, we obtain the categories of Personal Information listed above:Directly from you. For example, from forms you complete or products and services you purchase or communications between you and us.Indirectly from you. For example, from observing your actions on our Website.For more about how we collect your Personal Information and the sources from which we collect your Personal Information, see Section 2 “Information We Collect and Receive” [GO TO SECTION 2]. Sharing Your Personal InformationWe may disclose your Personal Information to a third party for a “business purpose,” as defined in the CCPA. When we disclose Personal Information for a business purpose, we enter into written contracts that describe the purposes and require the recipient to both keep that Personal Information confidential and not use it for any purpose except for performing the contract. The CCPA prohibits third parties who obtain the Personal Information we hold from reselling it unless you have received notice and an opportunity to opt-out of further sales. Disclosures of Your Personal Information for a Business PurposeWe disclose, or, in the preceding twelve (12) months we have disclosed, the following types of Personal Information (defined above in the table) for a business purpose:Category A: Identifiers.Category B: Personal information categories listed in the California Customer Records statute.Category D: Commercial information.Category F: Internet or other similar network activity.Category L: Sensitive personal information.When your personal information is used for a “business purpose,” as defined in the CCPA, we disclose, or have disclosed during the past twelve (12) months, your Personal Information to the following categories of third parties:Service providers.Data aggregators.Advertisers.Affiliates or partners.Parent or subsidiary organizations.Social media companies.Internet cookie data recipients, such as, for example, Google Analytics.Sales of Personal InformationWe do not “sell” your Personal Information (within the meaning of the CCPA).Your Rights Under the CCPAThe CCPA provides consumers who are California residents with specific rights regarding their Personal Information. This section describes various rights you may have under the CCPA and explains how you can exercise those rights. BUT, AGAIN, PLEASE NOTE THAT THE CCPA DOES NOT CURRENTLY APPLY TO US.Right to Know and Data PortabilityUnder the CCPA, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the “right to know”). This right to know includes personal information that We share for cross-contextual behavioral advertising. Upon a request from you, after we have confirmed your identity, we can disclose to you, as applicable:The categories of Personal Information we have collected about you.The categories of sources for the Personal Information that we collected about you.Our business or commercial purposes for collecting or selling that Personal Information.The categories of third parties with whom we share that Personal Information.If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. The specific pieces of Personal Information we collected about you (also called a data portability request).Right to Delete You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Upon a request from you, after we have confirmed your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.Debug products to identify and repair errors that impair existing intended functionality.Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.Comply with a legal obligation.Make other internal and lawful uses of that information that are compatible with the context in which you provided it.We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action. Right to CorrectYou have the right to request that we correct any inaccurate Personal Information about you that we may have (the “right to correct”). Upon a request from you, after we have confirmed your identity, we will use commercially reasonable efforts to correct the inaccurate Personal Information as directed by you.Right to Opt Out of Sale or Sharing of Personal InformationYou have the right to direct us not to “sell” or “share” your Personal Information (the “right to opt-out of sale or sharing”). You may be opted in by default, but you can opt out of the sale or sharing of Personal Information at any time. Upon a request from you, after we have confirmed your identity, we will no longer share or sell your Personal Information, but you can later provide consent. Please note that we do not track users across devices; so, you will have to opt out from each device where you access the services.Under California law, minors who are at least 13 but not yet 16, have additional rights. A business shall not sell or share the Personal Information of consumers who are younger than 16, unless it receives the affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. However, since we do not knowingly collect the Personal Information of consumers who are younger than 18 years of age, we do not sell or share the Personal Information of consumers we actually know are less than 16 years of age. Thus, the right to opt-out and the right to opt-in are not applicable to our Website for users under the age of 18. To the extent these sections are applicable to our use and disclosure of your Personal Information, you should know that consumers who opt-in to Personal Information sales as set forth here may opt-out of future sales at any time.
Right to Limit Use and Disclosure of Sensitive Personal InformationTo the extent we collect any of your “sensitive” Personal Information (as defined within the CCPA), you have the right to direct us to limit our use of it to only that use that is necessary to perform the services or provide the goods requested.We also may use your sensitive Personal Information for:Helping to ensure security and integrity.Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business.Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business.Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance such service or device.Other purposes authorized by law.Upon a request from you, after we have confirmed your identity, we will no longer use your sensitive Personal Information, except as permitted by applicable law (as discussed above), unless you subsequently provide consent for the use or disclosure of your sensitive Personal Information for additional purposes.Exercising Your Right to Know, Right to Correct, and/or Right to DeleteTo exercise your right to know, right to correct, or right to delete described above, please submit a request by either: Calling Us at 312-324-0405E-mailing Us at support@kaizen-payments.com.Visiting the support center or bug channel in your user dashboard Only you, or someone legally authorized to act on your behalf, may make a request to know, correct, or delete related to your Personal Information. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. (However, since we do not knowingly collect Personal Information from minors, if you are aware that Personal Information of a minor has been submitted to us, please let us know immediately so that we can delete it.)If you wish to designate an authorized agent to make such a request on your behalf, please provide the following information about that agent so that we can verify that person’s identity and authorization:- Name:- Email:- Phone:- Relationship to User:You may submit a request to know only twice within a 12-month period. Your request to know, correct, or delete must:provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative (and we may request additional information from you for verification purposes). Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Please realize that you do not need to create an account with us to submit a request to know or delete. We will use Personal Information provided in the request only to verify the requestor's identity or authority to make it. Exercising Your Right to Opt-Out of Sale or Sharing and Your Right to Limit the Use of Sensitive Personal Information WHEN THE CCPA IS APPLICABLE TO US, WE WILL HAVE CERTAIN REQUIRED LINKS ON OUR WEBSITE, AND, WHEN THAT HAPPENS, TO EXERCISE YOUR RIGHT TO OPT-OUT OF SALE OR SHARING OF YOUR PERSONAL INFORMATION OR YOUR RIGHT TO LIMIT THE USE OF SENSITIVE PERSONAL INFORMATION, YOU WILL BE ABLE TO CLICK ON SUCH LINKS (THEY WILL BE: “DO NOT SELL OR SHARE MY PERSONAL INFORMATION” AND/OR “LIMIT THE USE OF MY SENSITIVE PERSONAL INFORMATION”). FOR NOW, HOWEVER, TO EXERCISE THE RIGHT TO OPT-OUT, YOU (OR YOUR AUTHORIZED REPRESENTATIVE) MAY SUBMIT A REQUEST TO US BY EMAILING US AT SUPPORT@KAIZEN-PAYMENTS.COM. Once you have made an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize any sharing or sale of Personal Information. However, you may change your mind and opt back in to Personal Information sharing or sales at any time by emailing us at support@kaizen-payments.com.You do not need to create an account with us to exercise your opt-out rights. We will use Personal Information that you provide in an opt-out request only for purposes of reviewing and complying with the request.Right of No Retaliation Following Opt Out or Exercise of Other RightsWe will not retaliate against you or discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:Deny you goods or services.Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.Provide you a different level or quality of goods or services.Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.We may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not currently provide any such financial incentives. To the extent we do, we will add information about that in this Privacy Policy.Timing for Response To Request and FormatWe will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please e-mail us again at support@kaizenpayments.com or use the “contact us” form on the Website or call us at 312-324-0405 (MSG & DATA RATES MAY APPLY). ..It is our intention to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we may deliver our written response by mail or electronically. Any disclosures we provide will cover only the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without issue. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Data RetentionWe retain your Personal Information for no longer than is necessary for the purposes stated in the Privacy Policy, unless otherwise extending the retention period is required or permitted by law or subject to our retention policies as may be in place from time to time.Withdrawing your consent: If we are relying on your consent to process your Personal Information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You may withdraw your consent by contacting us by contacting us at support@kaizen-payments.com or using the contact details provided elsewhere in this Privacy Policy. If you withdraw your consent, please note that the withdrawal will not affect the lawfulness of the processing before the withdrawal nor, when applicable law allows, will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than where consent is required.Data Transfers Where required, we will use appropriate safeguards for transferring your Personal Information outside of the EEA, Switzerland, and the UK. We will transfer Personal Information only pursuant to a legally valid transfer mechanism and, when required, we will comply with the accepted “standard contractual clauses.”Security and How We Protect Your Personal InformationBECAUSE YOUR PRIVACY IS IMPORTANT TO US, WE DO NOT RENT, SELL, GIVE, SHARE, TRADE, OR PROVIDE IN ANY WAY THE PERSONAL INFORMATION THAT WE OBTAIN ABOUT YOU THROUGH THIS WEBSITE TO THIRD PARTIES UNLESS YOU REQUEST OR PERMIT US TO DO SO, IT IS ABSOLUTELY NECESSARY TO PERFORM THE REQUESTED SERVICE, OR THE DISCLOSURE IS PERMITTED OR REQUIRED BY LAW. We take reasonable precautions to ensure that User account information is kept private. We use reasonable measures to protect User information that is stored within our database, and we restrict access to User information to those employees or other services providers who need access to perform their job functions, such as our customer service personnel or our technical staff. Please be aware that We cannot absolutely guarantee the security of User account information, nor can anyone. Unauthorized access or use, hardware or software failure, viruses, and other circumstances may compromise the security of this Website and of User information at any time.Please see below for more information about how we use and protect your information.We Encrypt Personal Information and Utilize The Most Advanced Security Tools And Technology; We Will Notify You If Possible In the Event of a BreachWe utilize a number of operational functions to protect the confidentiality of your PII. For example, we store Personal Information that we collect about you on computer systems with limited access that are located in secured facilities. Our employees and service providers are given access to PII only to the extent they have a need to know such information. Thus, our employees and services providers do not have access to your Personal Information, unless it is necessary. Also, we and our payment-processing service providers use the most advanced, industry-standard encryption technologies to transmit sensitive PII, such as credit card numbers, and, in all cases, we follow generally accepted industry standards and take commercially reasonable efforts to protect your Personal Information. For example, the data we store is encrypted as stored, so that, even in the event of a data breach through our cloud server provider, the breacher would have to decrypt the data with a key that is generated dynamically. We also use a service that allows our secret keys or values to not be hard-coded or stored in environment files, but, rather, generated or obtained from a separate server. Additionally, we use the latest transport layer security (TLS) to prevent as much as possible data or information from being intercepted during transmissions.While, at all times, we use the advanced technologies and security tools that are customary in the industry, as well as additional measures, to protect your Personal Information, there is no such thing as perfect security, and we cannot, and do not, represent or warrant that this Website or our transmissions of information to others are impenetrable or invulnerable to hackers. THUS, WHILE WE DO AS MUCH AS WE CAN TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ABSOLUTELY GUARANTEE THE COMPLETE SECURITY OF OUR SERVER, NOR CAN WE ABSOLUTELY GUARANTEE THAT INFORMATION AND DOCUMENTS YOU SUPPLY WILL NOT BE INTERCEPTED WHILE BEING TRANSMITTED OVER THE INTERNET.In the event of a breach of the confidentiality or security of your Personal Information, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission’s website at https://www.consumer.ftc.gov/ for information about how to protect against identity theft.You Will Protect Your Account Password and Notify Us of Unauthorized UsesOur User accounts are secured by User-created passwords. There also may be passwords needed for other products/services. With that in mind, you must do your part to protect your information by choosing safe passwords for your account or any of our products or services that require passwords. The safest passwords are made up of random capitalized and uncapitalized letters, numbers, and, if allowed, other unique characters. You are solely and entirely responsible for maintaining the confidentiality of your unique password and for any and all use of your account and the products/services to which you have access. To ensure the security of your account and other password-protected products/services or features, please be sure to log off your account or any other feature or products/service that requires you to log in at the end of each session so that no one else can gain access to the Website or its products/services through your account. You should not ever use the account, usernames, or passwords of other users at any time or disclose your passwords to any other person or entity. If you suspect that there has been any unauthorized use of your accounts or access to your passwords or if you believe the confidentiality of your passwords has been compromised in any manner, please notify us immediately at support@kaizen-payments.com. We Do Not Disclose/Share Your Personal Information Except To Those Who Have a Legitimate Business Need To KnowTo further protect your Personal Information, as explained above, no one has access to your Personal Information unless absolutely required. Our employees and service providers are given access to PII only to the extent they have a legitimate business need to know such information. We Retain Personal Data Only For As Long As NecessaryWe will keep your information, including personal data, only as reasonably necessary to fulfill the purposes for which personal data is collected as stated in this Privacy Policy; for as long as is necessary for the performance of the relationship between you and us, if any; and to comply with legal and statutory obligations, such as in tax, trade, and corporate laws. For example, we do not store credit card numbers or credit card security codes after that payment card information is used to process a credit card transaction.We May Anonymize or De-identify Your Personal Information Or We will Delete/DestroyWhen We no longer need your personal data for our purposes, we will destroy, delete, or erase that personal data or we may convert it into an anonymous form so that we can use it for research or statistical purposes, as described above. Once we anonymize or de-identify your PII, be assured that it can no longer be associated with you.Storage, Transfer and Retention of InformationInformation collected by us may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Website, you expressly consent to any such transfer and storage of information outside of your country of residence, where privacy and data protection laws may be different and/or less stringent. However, we will endeavor to take reasonable measures to keep up an adequate level of data protection when sharing your Personal Information with such countries.We make no representation or warranty with respect to any duty to permanently store any information you may provide or that we otherwise collect about you. We strive to keep our processing activities with respect to your Personal Information as limited as possible. In the absence of specific retention periods set out in this Privacy Policy, we will retain the information we collect from or about you only as long as necessary to provide you with the Website or our services or products, which includes for the duration of, but could extend beyond, your active participation on the Website, or as otherwise set forth in this Privacy Policy, and to the extent set out in this Privacy Policy and as necessary to comply with our legal and/or statutory obligations, resolve disputes, enforce our agreements, and protect our legal rights. Additionally, we may retain indefinitely any aggregated, anonymized, or pseudonymized information which we may collect and maintain, and may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format. BY USING THE WEBSITE AND PROVIDING US WITH INFORMATION (INCLUDING PERSONAL INFORMATION), YOU WAIVE ANY CLAIMS THAT MAY ARISE UNDER YOUR OWN OR ANY OTHER LOCAL OR NATIONAL LAWS, RULES OR REGULATIONS OR INTERNATIONAL TREATIES. WE MAY FROM TIME TO TIME TRANSFER OR MERGE YOUR INFORMATION COLLECTED OFF-LINE TO OUR ONLINE DATABASES OR STORE OFF-LINE INFORMATION IN AN ELECTRONIC FORMAT. THIS PRIVACY POLICY APPLIES TO YOUR INFORMATION FOR AS LONG AS YOUR INFORMATION IS IN OUR POSSESSION, EVEN IF YOU TERMINATE OR DISCONTINUE YOUR USE OF THE WEBSITE.Updates; Notification of Privacy Policy ChangesWe may update this Privacy Policy to reflect changes to our information collection and processing practices from time to time in our sole discretion. If we make any material changes to this Privacy Policy, we will notify you by posting such changes on the Website prior to the change becoming effective. We will also update the “Last Updated” date at the top of this Privacy Policy, which reflects the effective date of such Privacy Policy, and we encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. Once a change becomes effective, your continued use of the Website will automatically constitute your acceptance of such changes.Miscellaneous; How to Contact UsOther than as expressly stated, this Privacy Policy is not intended to, and does not, create any contractual rights in or on behalf of any party.We regularly review our practices regarding privacy, the collection and protection of Personal Information, and this Privacy Policy. We thus urge you to check this Privacy Policy regularly for updates.In the event that you wish to make a complaint, if you believe your Personal Information has been processed or disclosed in violation of this Privacy Policy, if you have a request concerning your Personal Information (and your rights regarding such Personal Information), if you have a question regarding our privacy practices, or if you have any questions, concerns, or comments about this Privacy Policy, please contact us in the first instance at support@kaizen-payments.com and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with your data protection authority or follow the dispute process set forth in the Website Terms.You also may contact us at:Kaizen Pay Corporation4541 Prospect AvenueLos Angeles, California 90027 Contact Number (MSG & DATA RATES MAY APPLY):312-324-0405Product
