Privacy Policy

Updated – 30 Jan, 2016 11:30 AM

Our Policy:

This Privacy Policy sets forth the policy of Kiwi, Inc. (“Kiwi,” “we,” “us,” and/or “our”) with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from visitors to our website located at www.kiwiup.com (the “Site”) and users (such visitors or users, “you”, “your”) of our services through our mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”).

Information We Collect:

When you interact with us through the Site or the Services, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Site and our Services: We collect Personal Data from you when you voluntarily provide such information such as when you register for access to the Services, use certain Services, contact us with inquiries or respond to one of our surveys. Wherever Kiwi collects Personal Data we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Kiwi and the authorized third parties referred to herein located in the United States.

Non-Identifiable or Aggregated Data: When you interact with Kiwi through the Site or Services, we receive and store information that is not presently personally identifiable. Such information is collected passively using various technologies, and Kiwi may store such information itself or such information may be included in databases owned and maintained by Kiwi affiliates, agents or service providers. This Site and our Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site or users of our Services, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, how our users generally use and interact with the Kiwi Service, and the general interests and behaviors of our users. Also, in an ongoing effort to better understand and serve the users of the Services, Kiwi often conducts research on its customer demographics, interests and behavior based on the Personal Data, non-identifiable data and other information provided to us or collected by us. This research may be compiled and analyzed on an aggregate basis. Kiwi may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Kiwi may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

In operating this Site and our Services, we may also use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site and Service usage more accurately. For instance, our Site or Services may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s and Services’ features.

Our Use of Your Personal Data and Other Information:

Kiwi uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Note, if you are a Creator (as defined in our Terms of Use), Kiwi may, but is not obligated to, use your name in order to identify you as the source of certain Creator User Content, in accordance with the Terms of Use.  Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Kiwi and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Site or our Services to help us improve the content and functionality of the Site, to better understand our users and to improve the Services. Kiwi and its Related Companies may also use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do this via marketing communications, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

Kiwi may also use certain information stored on your phone (such as address books and contact lists) solely for the purpose of enhancing your experience, including but not limited to suggesting community members, helping you discover friends that are also using the Service, or helping you invite friends to join you on the Service. Such data is not stored by Kiwi or used by Kiwi for any other purpose.

The Personal Data collected by Kiwi may include information relating to user’s interests and behavior, all of which is personally identifiable. Kiwi collects this Personal Data to conduct research for monetization, retention, and user acquisition purposes, and such Personal Data will be used and/or accessed by Kiwi employees, consultant and contractors in order to conduct their research. 

If Kiwi intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information:

Kiwi is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: Kiwi, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Kiwi may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Kiwi, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Integrating Third-Party Services:

One of the special features of the Service is that it allows you to enable, use or log in to the Services via various online third-party services, such as social networking services like Facebook (“Integrated Services”). By directly integrating these services, we make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Integrated Service. By enabling or logging in via such Integrated Services, you are allowing us to pass your log-in information to these service providers for this purpose. When you add an Integrated Services account to the Service or log into the Service using your Integrated Services account, we will collect your login information and other relevant information necessary to enable the Service to access that Integrated Service and your data contained within that Integrated Service. As part of such integration, the Integrated Service will provide us with access to certain information that you have provided to such Integrated Service, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Integrated Services use, store and disclose your information is governed by the policies of such third parties, and Kiwi shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services that may be enabled within the Service.

Your Choices:

You can use the Site or Services without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by Kiwi other than Personal Data collected through the Site or Services. This Privacy Policy shall not apply to any unsolicited information you provide to Kiwi through this Site, our Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Site or Services, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Kiwi shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Children:

Kiwi Services are intended for general audiences, and Kiwi does not knowingly collect, maintain, or use Personal Data from children under 13 years of age.  If Kiwi learns that we have inadvertently collected Personal Data from children under 13 years of age, we will take reasonable measures to promptly delete that information from our databases. 

Kiwi understands the importance of protecting the online privacy of children.  To that end, some of our Services may request age information and limit content or features of our Services for users under the age of 13 or block children under age 13 from using come of our Services entirely.

Kiwi (and our Related Companies, service providers, and partners) may collect certain device information to support the internal operations of our Services, as permitted by the Children’s Online Privacy Protection Act.  For example, Kiwi may use device information to provide contextually-related advertising to users, to limit the number of times a user is shown an ad, or to personalize a user’s experience and maintain the user’s preferences, such as favorite stories or genres, or character choices in virtual worlds.  Kiwi and our partners may also use cookies or similar technologies and device or software identifiers to manage and measure the performance of advertising and our Services generally.

If you have questions about Kiwi’s privacy practices related to children or if you have reason to believe that a child under the age of 13 has provided Personal Data to Kiwi through this Site or our Services, please contact us at privacy@kiwiup.com.

Links to Other Websites:

This Privacy Policy applies only to the Site and our Services. This Site and our Services may contain links to other web sites not operated or controlled by Kiwi (the “Third-Party Sites”). The policies and procedures we described here do not apply to the Third-Party Sites. The links from this Site do not imply that Kiwi endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Security:

Kiwi takes reasonable steps to protect the Personal Data provided via the Site and our Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

Other Terms and Conditions:

Your access to and use of this Site and our Services is subject to the Terms of Service.

Changes to Kiwi's Privacy Policy:

The Site, our Services and our business may change from time to time. As a result, at times it may be necessary for Kiwi to make changes to this Privacy Policy. Kiwi reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site and our Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information and Contacting Kiwi:

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site or Services.

Please also feel free to contact us if you have any questions about Kiwi’s Privacy Policy or the information practices of this Site or our Services.

You may contact us as follows: privacy@kiwiup.com.