Last Modified: Jan 2023
Kwema, Inc. (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
- The types of information we may collect or that you may provide when you download, install, register with, access, or use the Kwema App (the “App”).
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in this App, and in email, text, and other electronic communications sent through or in connection with this App.
This policy DOES NOT apply to information that:
- We collect offline or on any other Company apps or websites, including websites you may access through this App.
- You provide to or is collected by any third party (see “Third-Party Information Collection”).
- [OTHER SOURCES].
Our websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Children Under the Age of Sixteen (16)
The App is intended for authorized users only. The App is not intended for children under the age of sixteen (16) years of age, and we do not knowingly collect personal information from children under the age of sixteen (16). If we have collected or received personal information from a child under the age of sixteen (16) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of sixteen (16), please contact us at firstname.lastname@example.org.
California residents under sixteen (16) years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your California Privacy Rights” for more information.
Information We Collect and How We Collect It
We collect information from and about users of our App:
- Directly from you when you provide it to us.
- Automatically when you use the App.
Information You Provide to Us
When you download, register with, and use the App, we may ask you to provide information:
- By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”).
- That is about you but individually does not identify you, such as physical attributes (hair color, eye color, gender, body type) and employment status.
This information includes:
- Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our service, and requesting further services. We may also ask you for information when you report a problem with the App.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
You may also provide information for publication or display (“Posted”) on public areas of the app or websites you access through the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking
When you download, access, and use the App, it may use technology to automatically collect:
If you do not want us to collect this information do not download the App or delete it from your device. Note, however, that opting out of the App’s collection of location information will disable its location-based features and preclude you or your employer from using the App and providing for your personal safety.
Information Collection and Tracking Technologies
The technologies we use for automatic information collection may include:
Third-Party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
- Advertisers, ad networks, and ad servers.
- Analytics companies.
- Your mobile device manufacturer.
- Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use this app. 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, apps, and other online services websites. 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 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 “Your Choices About Our Collection, Use, and Disclosure of Your Information”).
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the App and its contents, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it.
- Give you notices about your account, including expiration and renewal notices.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- Notify you when App updates are available, and of changes to any products or services we offer or provide through it.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our App according to your individual interests.
- Speed up your searches.
- Recognize you when you use the App.
We use location information we collect to provide your employer with the ability to monitor your location while you work within the scope of your employment, either at your place of employment or in the field working on behalf of your employer. The location information that we use is for your personal safety within the scope of your employment, and, through the App, you and your employer will have the ability to contact emergency response personnel. Because of this feature, it is important that you maintain your location tracking settings to “always on,” or its equivalent, whenever using the App during the course of your employment with your employer. Should you fail to maintain your location tracking settings to “always on,” or its equivalent, the App will not be able to meet the purpose for which your employer contracted with us. We are not responsible for any personal injury that you incur during the course of your employment or as a result of your failure to maintain your location tracking settings to “always on,” or its equivalent.
Your location information will not be used or distributed to your employer or to any other person or entity when you are not within the course of your employment, and we will not track or maintain your location information outside of your place of employment or outside of your course of employment.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see “Your Choices About Our Collection, Use, and Disclosure of Your Information.”
We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business ]and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.]
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Kwema, Inc.’s, assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Kwema, Inc., about our App users is among the assets transferred.
- To your employer so that they may track your location during the course of your employment, and only during your course of performance, for your safety and security within the course of your employment.
- To fulfill the purpose for which you provide it. For example, if you trigger your emergency response feature found within your App, your employer or emergency response personnel will be alerted through the App of your location.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between your employer and us, including the Licensing Agreement, terms of sale, and for billing and collection.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Kwema, Inc., our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
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. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website. California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” for more information.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the App and visiting your account profile page.
You may also send us an email at email@example.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, including our contract with your employer, or cause the information to be incorrect.
California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” for more information.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
This Policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
Where noted in this Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B Personal Information”) from some of its requirements.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information)”. Personal Information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”), clinical trial data, or other qualifying research data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”), or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Act of 1994.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internal Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers
A name, signature, Social Security number, physical characteristics or descriptions, 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.
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).
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Physical location or movements.
Audio, electronic, visual, thermal, olfactory, or similar information.
Current or past job history or performance evaluations.
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.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete when registering your account on the App.
- Indirectly from you. For example, from your employer or another third-party.
Use of Personal Information
We may use, sell, or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. Your employer contracted with us for your use of the App for your safety in the course of your employment. We use your personal information (i.e., your name, your email address, and your telephone number) to help identify you and locate you in the course of your employment, or to contact emergency response personnel, if an incident arises in the course of your employment that necessitates your use of the App.
- To provide, support, personalize, and develop our App, products, and services.
- To create, maintain, customize, and secure your account with us.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your App experience.
- To help maintain the safety, security, and integrity of our App, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our App, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our consumers is among the assets transferred.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may share your Personal Information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, we have not disclosed Personal Information for a business purpose to the categories of third parties indicated in the chart below.
Personal Information Category
Category of Third-Party Recipients
Business Purpose Disclosures
Reselling Personal Information
The CCPA prohibits a third party from reselling Personal Information unless you have received explicit notice and an opportunity to opt-out of further sales.To opt out, please send an email to firstname.lastname@example.org.
Deidentified Patient Information
We do not sell or disclose deidentified patient information exempt from the CCPA to third parties.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Know and Data Portability
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 twelve (12) months (the “right to know”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete”), we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose 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:
- Sales, identifying the Personal Information categories that each category of recipient purchased; and
- 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).
We do not provide a right to know or data portability disclosure for B2B personal information.
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”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete”), 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 information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, including the contractual relationship between us and your employer; provide a good or service that you or your employer requested; take actions reasonably anticipated within the context of our ongoing business relationship with your employer; fulfill the terms of a written warranty or product recall conducted in accordance with federal law; or otherwise perform our contract between us and your employer.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products that 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 and your employer.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provide 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.
We do not provide these deletion rights for B2B Personal Information.
Exercising Your Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request by either:
- Emailing us at email@example.com.
- Kwema App
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information.
You may only submit a request to know twice within a 12-month period. Your request to know 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, which may include:
- Proof of identification
- 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.
You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.
We will only use Personal Information provided in the request to verify the requestor’s identity or authority to make it.
For instructions on exercising your sale opt-out or opt-in rights, see “Personal Information Sales Opt-Out and Opt-In Rights.”
Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact firstname.lastname@example.org.
We endeavor to substantively 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 will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover 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 reasons, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
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.
Personal Information Sales Opt-Out and Opt-In Rights
If you are age sixteen (16) years or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). We do not sell the Personal Information of consumers we actually know are less than sixteen (16) years old. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back in to Personal Information sales at any time by: sending an email to email@example.com.
You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
We will not 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.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. An 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.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
If you need to access this Policy in an alternative format due to having a disability, please contact email@example.com.