Last modified: August 7, 2023
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We also recommend that you read our Terms , which govern how we provide services and incorporate this Policy. Any terms used in this Policy without definition have the meaning provided in the Terms.
Users with a disability can access this Policy in an alternative format by contacting email@example.com.
What This Policy Covers
- What This Policy Covers
- Data We Collect
- How We Use Your Information
- How We Protect Your Information
- How We Store And Retain Your Information
- How We Share Your Information
- Cookies, Tracking, Advertising and Opt-Out Information
- Children Under the Age of 16
- Rights Specific to the European Economic Area (EEA) and United Kingdom
- Rights Specific to South Africa
- California Consumer Privacy Act Statement and Special Rights of California Residents
- Changes To This Policy
- How To Contact Us
- WHAT THIS POLICY COVERS
This Policy describes how we collect and treat Personal Data when you access or use our Website or services offered on the Website. Personal Data is any information that identifies or relates to a specific person and may be referred to in applicable rules, laws or regulations as “personally identifiable information”, “personal data”, or “personal information.” This Policy does not extend to the practices of third parties that are not owned, managed or controlled by Livekindly.
- DATA WE COLLECT
Types of Personal Data:
Livekindly may collect the following types of Personal Data from you when you access or interact with our Website:
- Contact information, such as your name, email address, all or part of your postal address, and phone number;
- Where applicable, payment and billing data to us or our third-party service providers, such as bank information; credit card, bank or check numbers; credit card expiration date, billing address, and security code; and tax information as may be necessary for us or our third-party services providers to provide services, including processing payment by customers;
- Commercial and user-specific data, such as order history; profile; past participation in online promotions; communications through our Website; and other information in order to personalize customer services, such as an identification number unique to each user;
- Device information, such as IP address, device ID, and the type of device or operating system used to access the Website;
- Web analytics, such as interactions between websites, the manner through which you accessed the Website, directly unidentifiable request IDs, and related statistics;
- Tracking and registration, such as hashed identifiers derived from email addresses for the purposes of cross-device tracking for targeted advertising;
- Location Data, which may be general information inferred from your IP address or specific geolocation information; and
- Social Network Site (“SNS”) information if you register via a SNS (like Facebook, LinkedIn, Instagram, Tiktok, or another Social Media Plugin), such as your name, profile information, gender, networks, user IDs, friends, location, birthdate, email address, photos, videos, people or posts you interact with or follow or who interact with and follow you, and pixel tracking information. SNS sites have their own privacy policies that govern how they use and disclose your Personal Data, and Livekindly has no control over such separate third-party use or disclosure.
Sources of Personal Data:
Livekindly may gather and combine Personal Data received from information that (i) you voluntarily provide to us, (ii) we collect automatically, and (iii) we receive from third parties.
- Information You Provide:
When you sign up for a mailing list, or, as applicable, register for an account with or purchase a product from Livekindly, you may be asked to provide Personal Data in order to complete your profile, process your requests, and personalize your services. In addition, you may be asked to provide personal information to access certain services or Website functions and special features, such as surveys or promotions. You may also provide us with Personal Data if you choose to send us an email or otherwise contact us or other users through Livekindly’s platforms or email addresses.
- Information We Collect Automatically:
When you use Livekindly’s Website, some information is collected automatically through your mobile device or web browser, applications or software that you download or use and which may transmit information, or Cookies and tracking technologies, which are further described in Section VII. Automatically collected information may include geolocation, device, browser, usage information and Information From Third Parties
- Information From Third Parties:
To the extent permitted by law, we may collect Personal Data from our affiliates, business partners, or other third parties, such as supplemental information for identity verification, fraud detection, safety, integration of our Services with the services of a business partner, and enhancement of our business through marketing products and services. If you choose to use integrated services, we may also receive Personal Data as part of that integration.
- HOW WE USE YOUR INFORMATION
We may use the Personal Data we collect from you to:
- Personalize our Website based on your preferences and location to improve and customize the content and advertising you see on our Website, while using our Website, and elsewhere across the Internet;
- Process your requests and transactions as efficiently as possible, including to provide you with any requested services or responding to your questions or concerns;
- Make improvements to our Website;
- Correspond with you, including through periodic emails and messages regarding your requests, marketing communications, technical notices, updates, and security alerts;
- Facilitate your participation in a promotion, survey, mailing list, competition, or other event;
- Administer a Website feature;
- Share with our business partners or service providers with regard to our services or another legitimate business interest, such as identity verification;
- Carry out marketing activities;
- Conduct research and analysis;
- Improve our services; or
- Enforce our Terms, including legal compliance and protecting rights, safety, and property.
We also collect anonymous information when you navigate our Website or use related services. We use this information to make improvements to our Website and services, personalize your experience, and measure Website traffic.
When you provide us with your email address, we may use it to send you information, respond to requests, process orders, send order confirmations, and send you other information related to our services. You have the right to unsubscribe from receiving future emails at any time, and can do so by following the instructions at the bottom of any email we send to you or contacting firstname.lastname@example.org.
- HOW WE PROTECT YOUR INFORMATION
Your personal information is protected behind secured networks. In addition, all of the personal information you provide on our website is encrypted via Transport Layer Security (TLS) technology, as is any connection you complete on our website that requires you to submit personal information.
We run regular virus, malware, and vulnerability scans on our Website. If we become aware of a data breach, and it is likely to result in a high risk to the rights and freedoms of data subjects, we will take the necessary measures to inform them.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of any information transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
- HOW WE STORE AND RETAIN YOUR INFORMATION
We store your Personal Data securely on our Website and servers or with third parties.
We will keep your Personal Data until you delete your account or request deletion, for as long as we have a legitimate business need to do so, or as required by law for tax, legal, accounting or other purposes, whichever is the longer.
If you have elected to receive our marketing communications, we generally retain information about such preferences until you opt out of these communications.
Periodically we will review our data retention practices to determine the appropriate retention period for your Personal Data, considering the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, the purposes of use and retention and whether such purposes can be achieved through other means, and any applicable legal requirements. We may anonymize your Personal Data in some cases so that it can no longer identify you, in which case it is no longer Personal Data.
- HOW WE SHARE YOUR INFORMATION
We may share your Personal Data and other information with the following third-parties:
- Affiliates, Service Providers, and Business Partners: To meet our business and operational needs, perform key functions, and deliver our services, we may share your Personal Data with our third-party service providers, such as hosting, storage, and other information technology; payment processing and financial; email communication and customer or technical support; tax, regulatory or legal; and analytics, marketing, and advertising. Such third parties may access, process, or store your Personal Data. We have no control over the policies and practices of any third-party, and where you choose to access services that involve third- party providers, we advise you to review their privacy and Personal Data usage policies.
- Change in Business Structure: If we undergo a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of services between providers, your Personal Data and other information may be shared or transferred pursuant to the transaction.
- Legal Regulation: If required by law or regulation, including the good faith belief that disclosure is necessary, we may share your Personal Data to (i) comply with a legal obligation or court order, (ii) protect and defend the safety, rights, or property of any person, or (iii) defend ourselves from legal liability, including enforcing our Terms.
In general, your personally identifiable information will not be shared with third parties unless we give you advance notice.
Your directly unidentifiable personal data may be provided to third parties for purposes such as marketing or advertising, including Google Analytics, Facebook Pixel, and Google Adwords.
We also use social networking buttons provided by Meta, Tiktok, LinkedIn, and where applicable, YouTube and Pinterest. Your use of these buttons is optional and is governed by the privacy policies of the respective services.
- COOKIES, TRACKING, ADVERTISING, AND OPT-OUT INFORMATION
What Are Cookies?
Cookies are small data files placed on your computer or mobile device at the request of a website to enable recognition of users who have previously visited and to retain certain information such as user preferences and history. Cookies can be set onto your computer or mobile device by us or by others. “First party Cookies” are those set by us and allow us to provide you with our services and enable our website to function. Cookies set by anyone other than Livekindly are called “third-party cookies” and enable third-party features or functionality that are provided on or through the Website, such as advertising, interactive content and analytics. The third party that sets these Cookies may be able to recognize your computer both when it visits our Website and also when it visits certain other websites.
The Following Cookies May Be In Use On Our Website:
Essential Website Cookies: These Cookies are strictly necessary to provide you with available services through our Website and to use some Website features, such as accessing secure areas.
Performance and Functionality Cookies: These Cookies are used to enhance the performance and functionality of our Website but are non-essential to use the Website or access services. However, without these Cookies, some Website features, such as videos, may not be available.
Analytics and Customization Cookies: These Cookies collect information that is used either in aggregate form to help us to customize our Website for you and to understand our efficiency and effectiveness with, for example, Website use or marketing campaigns.
Advertising Cookies: These Cookies are used to make advertising messages more relevant for you by, for example, preventing the same advertisement from appearing multiple times, ensuring proper display of advertisements, and selecting advertisements based on your interests.
Social Networking Cookies: These Cookies may be used for advertising and also allow you to share pages and content from our Website through third party social networking or other websites.
Session Cookies: Session cookies are used for the duration of a session and are automatically deleted when the executing browser is closed. They ensure, for example, that video and audio files can be played, that your user input is temporarily stored during the time of entry and that user-friendliness is improved.
Persistent Cookies: Persistent cookies remain on your end device after closing the browser. These cookies can, for example, save your user preferences, such as language settings, and analyze user behavior on our Website. Storage duration of persistent cookies corresponds to the respective duration of the individual cookie. Afterwards, they are automatically deleted.
Do I Have To Accept Cookies?
No. You can choose to have your computer warn you each time Cookie are being sent or refuse to accept all Cookies through your browser settings.
However, if you choose to completely disable Cookies, some features of the website may not work properly.
Do You Gather Other Web Data Besides Cookies?
How Can I Opt Out?
There are several ways you can opt out of advertising, tracking and other web data collection. First, with regard to emails you may receive from us, you can always opt out of emails that are not essential to services within the email itself. For online advertising, you can look for an AdChoices logo (the blue triangle) in the corner of the ad. Click the logo to learn more about interest-based advertising and who served the ad as well as to manage your ad options. If you would like more information about your options with regard to digital advertising, including opting out, the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”) provide more information. For your mobile device, click here .
- CHILDREN UNDER THE AGE OF 16
Our Website is not intended for children under 16 years of age. No one under age 16 is permitted by us to provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 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 16, please contact us at email@example.com.
California residents under 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.
- Rights Specific to the European Economic Area (EEA) and United Kingdom
This section pertains only to data subjects to whom the European Union and United Kingdom General Data Protection Regulation (“GDPR”) applies.
Who Is The Data Controller Of Your Personal Data?
The Livekindly Company, Inc., with its Chief Legal Officer, Courtney Ozer, is the Data Controller within the meaning of GDRP Article 4.7 with respect to all Personal Data collected through the Website and our entities. We are responsible for, and control the processing of, your Personal Data with respect to personal information collected through the Website. Personal Data as used in this Policy covers all information defined as personal data under GDPR Article 4.1. You can contact us with questions or concerns via the contact details located at the end of this Policy.
What Is The Legal Basis To Collect And Use Your Personal Data?
This section refers to the legal justifications under GDPR only. The reasons for using your Personal Data may differ depending on the collection purpose, but most often, we use your Personal Data on the following legal grounds:
- In order to perform services or prior to entering into an agreement with you. For example, if you use our Website or if you contact us via our Website, we may use your Personal Data to provide Website features and functionality or to process and respond to your communication. In addition to contact information or information used to communicate with you, we may also use information to manage your account (if any), to enable the Website, or to provide customer support.
- If justified by our legitimate interests, unless these are overridden by your interests and/or legal rights. Use of your Personal Data may also be necessary for our business interests, which may include contacting you, responding to your communications, attending to our business, monitoring our Website (including statistical analysis, with consent where not strictly necessary to run the Website), providing advertising (with consent where not strictly necessary to run the Website), identifying potential cyber security threats, complying with legal obligations, and (if necessary) pursuing or defending ourselves against legal claims. If you are already a customer, we may use your name and email address for marketing campaigns. You can object to direct marketing use at any time and for no reason by following the link to unsubscribe at the bottom of our marketing emails or by emailing firstname.lastname@example.org.
- If necessary to comply with regulations, laws or any authority requests. For example, we may disclose your Personal Data to authorities or other officials or otherwise process your Personal Data to meet our legal obligations, such as retaining certain information according to tax or commercial laws.
- If you give consent to use your Personal Data. In some cases, we may ask you to grant us separate consent to use your Personal Data. In such cases, you are free to deny your consent and the denial will have no negative effect on you. You are also free to withdraw your consent at any time without negative repercussions. If you have granted us consent to use your Personal Data, we will use it only for the purposes specified and to which you consented. If you sign up to receive announcements or newsletters via email, you also allow us to use the provided email address for email marketing relating to our Website, products and services, and we may use your Personal Data to send you emails containing newsletters, promotions and special offers. You may unsubscribe from such email marketing at any time by following the link to unsubscribe at the bottom of our marketing emails or sending an email to email@example.com. Please note, however, that unsubscribing may prevent you from receiving email messages regarding updates, improvements, or offers. Your Personal Data is not used for automated individual decision-making.
Are You Required Or Obligated To Provide Data?
Unless this is expressly stated, the provision of your data is not required or obligatory.
What Are The Sources of Data?
If we do not receive data from you, or about the devices you use, we may receive data from the following sources:
- Master data of companies and self-employed persons from publicly available official sources;
- Data on B2B contacts of specialized service providers; and/or
- Free text.
How Long Do We Store Your Personal Data?
- If you have consented to the processing, at most until you revoke your consent;
- If we need the data for the execution of a contract, at most for as long as the contractual relationship with you exists;
- If we use the data on the basis of a legitimate interest, at most for as long as your interest in deletion or anonymization does not outweigh our legitimate interest in the data; and
- Insofar as statutory storage obligations exist, until the end of the retention periods.
Do We Transfer Your Data To Third Countries?
Data is transferred to countries outside the European Economic Area and the United Kingdom. We only transfer personal data to so-called “third countries” where the EU Commission and the UK Information Commissioner’s Office have confirmed an adequate level of protection or where we can ensure the careful handling of personal data by means of contractual agreements or other suitable guarantees, such as certifications or proven compliance with international security standards, which you can review on request.
What Are Your Rights Under The GDPR?
You have the following rights with respect to your Personal Data:
- Right of access (to obtain access to any Personal Data that we hold).
- Right to rectification (to fix errors in any Personal Data we hold without undue delay where it is inaccurate or incomplete).
- Right to erasure (to have any Personal Data we hold deleted without undue delay in certain circumstances, such as where it is no longer necessary to fulfill the purpose(s) for which it was collected or processed).
- Right to restriction (to limit our processing of your Personal Data in certain circumstances, such as where its accuracy is contested by you, for a period enabling us to verify the accuracy).
- Right to refuse or withdraw consent (to, where the processing is based on consent, either refuse to grant consent or withdraw your consent at any time, without negative effect, with the caveat that withdrawing consent does not change the lawfulness of processing based on consent before the withdrawal).
- Right to portability (to allow you in some cases to move, copy or transfer any Personal Data held by us easily to another organization).
- Right to object to the processing of your data.
If you wish to exercise any of these rights, please contact us at firstname.lastname@example.org or using the contact details found at the end of this Policy. You also have the right to complain to your local data protection authority, which you can learn more about here.
External EU and UK Data Protection Officer
Should you have any questions about our data protection measures, the processing of your data or the protection of your rights as a data subject, we also have an external Data Protection Officer for the EU and UK, whom you can contact:
Prof. Dr. Christoph Bauer
Große Bleichen 21
If you have any questions or concerns regarding your information, please contact email@example.com.
If you wish to communicate directly with our data protection officer (because you have a particularly sensitive matter for example), please contact them by post, as communication by e-mail could always have security gaps. Please state in your request the company your concern relates to.
Representative Of Controllers Or Processors Not Established In The European Union (Article 27 GDPR)
Company: The Livekindly Company, Inc.
represented by Chief Legal Officer Courtney Ozer
c/o Spring Place
6 St Johns Lane
New York, New York 10013
- RIGHTS SPECIFIC TO SOUTH AFRICA
This section pertains only to data subjects in South Africa to whom PAIA and POPIA legislation applies.
The Promotion of Access to Information Act 2000 (“PAIA”) and the Protection of Personal Information Act 2013 (“POPIA”) provide legal rights in connection with personal data held by public and private bodies (like Livekindly), including information about and protection in relation to how that information is processed and stored.
We have compiled a manual that explains your specific rights under PAIA and POPIA, including the steps required to make a request for information in accordance with the provisions of PAIA, and how to enforce your rights under POPIA. You can find the manual here.
We also have a designated Information Officer responsible for managing compliance with PAIA and POPIA and requests for access to records. Such requests must be made in accordance with specific provisions of PAIA, so please look through the manual to obtain proper guidance. Only requests that meet the requirements of PAIA will be granted. The contact details for our Information Officer are:
Name: Clinton Englund
Address: Fry Group Foods (Pty) Ltd.,
8 Ficus Place, Mahogany Ridge,
Phone: +27 31 700 3022
- CALIFORNIA CONSUMER PRIVACY ACT STATEMENT AND SPECIAL RIGHTS OF CALIFORNIA RESIDENTS
This supplement applies to Personal Data we collect through our Website or provision of services, whether online or offline; however, Personal Data we collect from our employees, job applicants, or service providers in the course of provision or receipt of business-related services is exempted (so long as such information is collected in those capacities).
Collection and Disclosure
Within the last 12 months, Livekindly may have collected and disclosed categories of personal information collected as follows:
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.
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.
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).
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.
Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Yes- we retain information on consumer interaction with our website. This information is anonymized.
Physical location or movements.
Yes- this is anonymized
Audio, electronic, visual, thermal, olfactory, or similar information.
Professional or employment-related information.
Current or past job history or performance evaluations.
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.
K. Inferences drawn from other personal information
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Sale of Personal Information:
Livekindly does not sell your personal information to third parties and will not do so in the future without providing you with notice and an opportunity to opt out of such sale as required by law. If the term “sell” under the CCPA were to include advertising activity as described in this Policy, then Livekindly will comply with any related legal requirements.
Notice of Collection:
This Policy provides full information on our collection and use of Personal Data. Livekindly may collect or has collected the following CCPA-specific categories of information for the purposes of providing our Services, marketing, and advertising:
- Identifiers, such as name, postal address, email address, account name, and a unique, user-specific ID number;
- Personal information under the California Customer Records statute (Cal. Civ. Code Section 1798.80(e)), such as education and employment history of job applicants;
- Protected classification characteristics, such as age or gender, which is protected under California or federal law;
- Commercial information, such as purchases or consuming histories or tendencies;
- Internet or electronic activity, including history of visiting and interacting with our website, browser type, browser language and other information collected automatically;
- Geolocation data, including location enabled services such as WiFi and GPS;
- Professional or employment-related information of job applicants or employees or if provided voluntarily by users;
- Education Information for job applicants or if provided voluntarily by users; and
- Inferences, including information about user characteristics, interests, behavior, and preferences.
Rights Specific to California Residents:
California residents may take advantage of the following rights:
- You may request, up to two times each year, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your Personal Data is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information about you that we sold, the categories of third-parties with whom we have shared your personal information, and the business or commercial purpose for selling your Personal Data, if applicable. You may submit your request to firstname.lastname@example.org.
- You may request that we disclose any financial incentives provided to you by submitting a request to email@example.com.
- An authorized agent may be designated by you to submit requests on your behalf; however, Livekindly requires verification of such permission as well as your identity.
- You may request that we delete any personal information that we have collected from or about you, except in certain circumstances where we may have legal grounds to keep such data. And, in some cases, complying with your request may mean that we no longer have the necessary information required to provide you with future Services. You can send your request to firstname.lastname@example.org.
- We value your privacy and will not discriminate in response to your exercise of privacy rights.
- CHANGES TO THIS POLICY
We periodically review and update this Policy and reserve the right to make changes, which take effect immediately upon posting. Whenever we make a change that is substantive or retroactive, or if required by law to seek consent, we may provide you with notice by email (if you have provided us with your email address and not opted out of such communications) or through our Website. We encourage you, however, to review this Policy periodically to check for updates. Whenever we make a change to this policy, you shall be deemed to have notice of those changes, and to agree if you thereafter use our Website or services. The last revised date of the Policy will be posted for your convenience.
- HOW TO CONTACT US
If you have any questions or comments regarding this Policy, including complaints or requests about how we collect, use, or retain your Personal Data, in addition to the country-specific contact methods outlined above, you can also contact us via these methods:
Postal Address: c/o Spring Place, 6 St Johns Lane, New York, New York 10013