KISWE PRIVACY POLICY

Effective Date‍

April 20, 2016 (Last updated: December 22, 2021).‍

Introduction‍

This Privacy Policy describes how Kiswe Mobile Inc. (hereinafter “Kiswe,”“we,” “our,” or “us”) handles your personal information in the process of providing our Services. Our “Services” may include this website, mobile application, smart TV application, web platform, and any online service location that posts a link to this Privacy Policy.

By using the Service, you agree to our Terms of Use and hereby consent to allow us to process information in accordance with this Privacy Policy. If you do not agree and consent, discontinue use of the Service.  This Privacy Policy does not apply to our information collection activities outside of the Service (unless otherwise stated below or at the time of collection).

1. How We Collect and Use Your Information

We collect various categories of information from and about you depending on our relationship and interaction with you, and for various purposes. We have provided the following table to allow you to understand this collection and use.

Categories of Information Collected

Methods of Collection

Purposes of Collection

Contact information (e.g. name, email, address, phone number).

Directly from you

• Account creation.
• Communication with you about our Services.
• Process payment for orders including application of sales and use tax or VAT (including event access or shipment of products to you).
• Respond to requests.
• Subscribe to emails/texts.
• Promotions or contests.
• Security purposes (e.g. fraud and copyright infringement prevention).
• Protect our business and our partners.

Interests and event attendance (type of event, genre, artist, name, event metrics, your activity on our Services).

Directly from you; Passively as you interact with the Services; from our service providers; from social media providers when you connect them to our Service.

• Improve our Services.
• Communicate with you about events that might interest you.

Marketing information (websites which advertised this Service or content available on this Service)

From advertising pixels that are used by the referring website

• Understand the most effective models to advertise content available on this Service.

Payment information (token only, no payment card information).

Directly from you; from our payment gateways.

• Process your orders.

Location information (IP address, GPS).

From your device.

• Geo-restrict content when we are required to do so by our media partners

Demographic information (gender, age, location (based on zip code or IP address)).

Directly from you; Passively as you interact with the Services; from our service providers.

• Improve our Services.
• Communicate with you about events that might interest you.

Information you submit or post (videos, comments, chat, email communications).

Directly from you

• Support our Services.
• Provide you with interactive functionality during events.
• Communication with you about our Services.

Device and mobile information (precise location, device ID, home network information, browser type, time/date of visit, advertising ID, IP address).

From your device; Passively as you interact with the Services.

• Support our Services.
• Improve our Services.
• Push notifications.
  

We may use your personal information as otherwise provided by law, or when we notify you. We may use your personal information for purposes not provided for in this privacy policy, but if we do, we will notify you (and, if necessary, obtain your consent) before using your personal information in this way.‍

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2. Combining Information‍

We combine information about you. For example, we may combine information that we have collected from third parties with information you have provided to us while using our Services.


3. How we Share Information‍

We share personal information with various recipients, including our service providers and business partners.‍

Service Providers. We may share your personal information with our service providers that assist us with providing you the Services. This includes service providers that assist us with processing payments, managing our communications with you, and running promotions, competitions, or sweepstakes.‍

Affiliates. We may share personal information with out affiliates if it is necessary to support our Services.‍

Third Parties to Comply with the Law or to Protect Ourselves. We may share personal information if we think we have to in order to respond to a court order or subpoena, or if a government agency or investigatory body requests it. This includes U.S. and non-U.S. law enforcement or regulatory authorities. Where we deem it feasible, we may object to unreasonable requests for personal information.‍

Successors. We may share personal information with any successor to all or part of our business, to the extent permitted by applicable law. For example, if part of our business is sold we may include customer information as part of that transaction.‍

Other purposes. We may share personal information with other third parties and for purposes not described above, but if we do, we will notify you (and, if necessary, obtain your consent) before sharing your personal information in this way.

4. Your Choices‍

You have certain choices about how we use your information. These choices may depend on where you live or are physically located.
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You can opt out of certain marketing. To stop receiving our promotional emails or communications, you can follow the instructions in any promotional message you get from us, email us at legal@kiswe.com. If you opt out of getting marketing messages, you will continue to receive messages from us about your relationship with us where permitted by law.‍

You can control if we share information with our media partner(s) for their marketing purposes. To opt out of us share your information with our media partner(s) for their promotional purposes, please contact us at legal@kiswe.com to request this opt-out.‍

Cookies and other tracking tools. You can control whether cookies and tracking tools are used on your browser. Your browser may give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject all browser cookies.

You may exercise choices regarding receipt of Interest-based Advertising by submitting opt outs.  Some of the advertisers and service providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt out program for mobile apps.  Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt out options for their members, see http://www.networkadvertising.org/choices/.

Note that even if you can opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). We are not responsible for the effectiveness of any third-parties’ opt out options or programs or the accuracy of their statements regarding their programs.

If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.‍

Our Do Not Track Policy. Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals.

‍Mobile Tracking Options. You can control tracking of your mobile device. For example, you can turn off the GPS locator or push notifications on your phone in the device settings. Please note that disabling this feature may limit your access to certain content that requires your GPS location in order to determine whether you are allowed to view the content (e.g. geo-restricted content as imposed by our media partners).‍

‍Users from the EEA, UK, and California. If you are in the European Economic Area, the UK, or California you have certain additional privacy rights. Please see the relevant sections below for more details.‍

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5. Additional Information for California Residents‍

In this section, we provide additional information to California residents about how we handle their personal information. This is required under California privacy laws including the California Consumer Privacy Act (“CCPA”). This section does not address or apply to our handling of personal information that is exempt under the CCPA.   ‍‍‍

Categories of Personal Information Under the CCPA

(Last Updated: 12/22/21)

‍While our collection, use, and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about consumers (as that word is defined under the CCPA) in the prior 12 months (from the Last Updated data above).  

Categories of Personal Information Collected and Disclosed. The table below identifies the categories of personal information (as defined by the CCPA) we have collected about consumers, as well as how we have disclosed such information for a business purpose. For more information about the business and commercial purposes for which we collect, use, and disclose personal information, please see the How we Use Information and the How we Disclose Information sections above.‍

Personal Information Collected

Do We Disclose this Information?

Categories of Recipients to Whom We May Disclose this Information ‍

Categories

Description ‍

Identifiers

Includes direct identifiers, such as name, username, email address, and other similar identifiers.  

Yes

• our business partner customers
• service providers  
• advisors and agents
• government entities and law enforcement

Customer Records

Includes personal information, such as name, account name, user ID, and contact information that individuals provide us in order to purchase or obtain products and services. For example, this may include information collected when an individual registers for an account, purchases or registers for an event, or purchases merchandise using the Services.

Yes

• our business partner customers
• service providers  
  

Usage Data

Includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our Services, and our marketing emails and online ads.

Yes

• service providers  
• advertising networks
• data analytics providers
  

Geolocation Data

Includes precise location information about a particular individual or device.

Yes

• our business partner customers
• service providers  
• data analytics providers  
  

Inferences  

Includes inferences drawn from other personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities or aptitudes.

Yes

• our business partner customers
• service providers  
• advertising networks
• data analytics providers
  

Do We “Sell” Personal Information? Under the CCPA, a “sale” includes disclosing or making available personal information to a third-party in exchange for monetary compensation or other benefits or value. Currently, Kiswe does not sell personal information.

Sources of Personal Information. As further described in the Methods of Collection section above, we may collect personal information from the following sources:

• directly from the individual  

• social networks
• payment gateways

• business partner customers

California Residents’ Rights

CCPA Rights. In general, California residents have the following rights with respect to their personal information:

• Do-not-sell (opt-out): the right to opt-out of sale of their personal information. We do not sell personal information about California consumers, including those we discover are younger than 16.  

• Right of deletion: the right to request deletion of their personal information that we have collected about them and to have such personal information deleted (without charge), subject to certain exceptions.  

• Right to know: with respect to the personal information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions):

• categories of personal information collected;
• categories of sources of personal information;
• categories of personal information about them we have disclosed for a business purpose or sold;  
• categories of third parties to whom we have sold or disclosed for a business purpose their personal information;  
• the business or commercial purposes for collecting or selling their personal information; and
• a copy of the specific pieces of personal information we have collected about them.

• Right to non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.  

Submitting CCPA Requests. California residents may submit requests to exercise their CCPA rights through via email to legal@kiswe.com

When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must provide at least the email you used to register your account for us to be able to verify your request.  In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor.  Authorized agents may initiate a request on behalf of another individual by contacting us at legal@kiswe.com; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.    

Your Privacy Rights Under California Shine the Light Law. Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use.  Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, legal@kiswe.com, and include in your request a current California address and your attestation that you are a California resident.  

6. EU and UK Privacy Rights

If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”) you may have certain privacy rights available to you under applicable data privacy laws. These rights are as follows:

• Right to Access - You have the right to request copies of your personal data. We may charge you a small fee for this service if your request is overly burdensome.
  

• Right to Rectification - You have the right to request that we correct any information you believe is inaccurate. You also have the right to request we complete information you believe is incomplete.
  

• Right to Erasure - Under certain conditions you have the right to request that your personal data be erased.
  

• Right to Restrict Processing – Under certain conditions you have the right to restrict the processing of your personal data.
  

• Right to Object – Under certain conditions you have the right to object to the processing of your personal data (for example, you have the right to object to your personal data being processed for direct marketing purposes.
  

• Right to Data Portability – Under certain conditions you have the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service.
  

• Right not to be subject to Automated Decision-making – you have the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
  

You also have the right to submit a complaint to your supervisory authority about our privacy practices.

If you have any questions about your privacy, your rights, or how to exercise them, please contact us by emailing us at legal@kiswe.com. We will respond to your request within the period of time required under the applicable privacy law.

7. Storage of Information

We store personal information in the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. Information we transfer from Europe to the United States will be subject to appropriate safeguards under applicable law. Those safeguards may include standard data protection clauses approved by the European Commission and available on their website at europea.lex.

United States law may not afford the same level of protection as laws in your country. By submitting your information you agree to the processing of it in the United States as permitted by law.

8. Retention of Information

We keep personal information for as long as necessary or relevant for the purposes for which it was collected, and in compliance with our retention policies. We also keep information as otherwise required by law.

9. Children and Privacy

We do not knowingly collect personal information from minors under 13 (or 16, where applicable). If any of the events available through our Services are targeted towards minors who may be under the age of 13 (or 16, where applicable), we will disable data collection for that event. If you are a parent or legal guardian and think that your child under 13 (or older, where applicable law provides) has given us information, you can email us at legal@kiswe.com and request this information be deleted. Please mark your inquiry “Children’s Privacy Request.”

10. Links to Third Party Sites

We may link to other sites or apps or have third party services on our platforms we don’t control. Our sites may also include third party content that collects information. We do not control these third parties. This policy does not apply to the privacy practices of these third party websites or apps. Please read the privacy policies of other websites carefully. We are not responsible for the practices of these third-party sites or apps.

11. Contact Us

If you have any questions or suggestions regarding our Privacy Policy, please contact us via e-mail at legal@kiswe.com, or by mail at 430 Mountain Ave., Suite 106, New Providence, NJ 07974.

If you are in the EEA or UK, complaints about our privacy practices may also be directed to your local Data Protection Authority.

12. Updates to this Privacy Policy

From time to time we may change or update our privacy policies. We will notify you by posting an alert on our Services of any material changes to our policy as required by law. We will also post an updated copy on our website and app. Please check our and our business partner’s site periodically for updates as you will be considered bound by the latest version then in effect. If you do not agree with any changes please do not use our Services.

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For more information about our privacy practices, you may  Contact Us.