1.1 The website (https://stagingkinesis.wpengine.com) (“Website”) together with the documents referred to on it are owned and operated by Kinesis Cayman (“we”, “us”, “our”, “Kinesis” or “Company”, “Kinesis Cayman”).
1.2 Kinesis Cayman is a company incorporated in the Cayman Islands, with a registered office at C/O Stuarts Corporate Services, 36A Dr. Roy’s Drive, Grand Cayman, Cayman Islands, KY1-1104.
1.3.You may make contact with Kinesis in connection with various products or services (“the Services”) that you are considering or would like to obtain from us. You may:
1.3.1 access our website (https://stagingkinesis.wpengine.com) (“Website”) for the purposes of acquiring or subscribing for one of our products or services such as participating in the sale by the Company of digital tokens (the “Kinesis Tokens”) subject to relevant documents, to be found on the Website, including the following:
1.3.1.(a) the Simple Agreement for Future Tokens (the “SAFT Agreement”) during the Pre-Sale phase of the Kinesis Tokens sale being prior to 10 September 2018; and/or
1.3.1.(b) the Terms and Conditions of Token Sale and Use (the “Token Sale Agreement”) and Offering Memorandum (if applicable to you) during the Public Sale phase of the Kinesis Tokens sale bring as and from 10 September 2018; and/or
1.3.1.(c) the KVT application form and/or,
1.3.1.(d) the subscription page, subscribing for information;
1.3.1.(e) our Website, applications, platform and services, including any information and materials therein and any software that we make available that allows you to access relevant services (collectively referred to as the “Platform”) including:
1.3.1.(f) (i) the Kinesis Cayman products and services, including:
1.3.1.(f) (i) (1) information subscription services;
1.3.1.(f) (i) (2) the Kinesis Currency Network;
1.3.1.(f) (i) (3) the Kinesis Explorer;
1.3.1.(f) (i) (4) the Kinesis Wallet; and
1.3.1.(f) (i) (5) the Kinesis Mint;
1.3.1.(f) (ii) the Kinesis AG products and services, including:
1.3.1.(f) (ii) (1) the Kinesis Exchange;
collectively “the Services”. and/or,
1.3.2 communicate electronically with us.
1.4 during the course of your contact with us (including via any of the means specified in 1.3.1/1.3.2 above) we may collect, process or be provided with your personal data.
2. Information we collect
2.1. In operating our Website and providing our Services we may collect and process the following data about you:
2.1.1. Details of your visits to our Website and the resources that you access, including but not limited to, traffic data, location data, web logs and other communication data.
2.1.2. Information that you provide by filling in forms and documents on our Website, such as when you register to access, apply to, subscribe for or receive our Services which includes (but is not limited to) your name, email, phone number, residential address, place of birth, date of birth, gender, official identification number, nationality, country of residence and source of wealth and funds.
2.1.3. Information provided to us when you communicate with us for any reason.
2.1.4. Details contained in any request for support or assistance from us including resolving disputes or troubleshooting problems.
2.2. We endeavour only to capture information that is necessary to provide our Services to you in compliance with our legal and regulatory obligations.
3. Lawful basis for processing your data
3.1. Kinesis may collect and process your information because:
3.1.1. we have a contract in place with you for the provision of relevant Services; or,
3.1.2. you have given us consent to do so; or,
3.1.3. to comply with the law; or,
3.1.4 to meet our legitimate interests, for example to: understand how you use the Services and to enable us to use this knowledge to improve the Services; or, to communicate with you regarding the Services.
4. Use of your information
4.1. The information that we collect and process relating to you is primarily used to enable us to provide our Services to you. In addition, we may use the information for the following purposes:
4.1.1. to provide you with information requested from us, relating to our Services and to provide information on other Services which may be of interest to you, where you have consented to receive such information;
4.1.2. to improve our Website and our Services;
4.1.3. to verify your status and confirm any information you have provided to us;
4.1.4. to distribute Kinesis Tokens to you;
4.1.5. to verify compliance with relevant terms and conditions in relation to the provision and/or use of our Services;
4.1.6. to compare the personal data provided with third party databases in order to verify its accuracy and confirm your identity to comply with relevant regulations that apply to our Company;
4.1.7. to meet our regulatory, legal and compliance obligations in meeting our obligations to you; or
4.1.8. to notify you about any changes to our Website or improvements and changes to our Services.
4.2. We will only contact you when you have provided consent and only by those means you have provided consent for.
5. Disclosure of your personal data
5.1. We may disclose your personal data:
5.1.1. to a third party service provider, if we are under a duty to disclose or share your personal data with them in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements, or to protect the rights, property, reputation, security and safety of our Website, applicants for Kinesis Tokens or others including exchanging information with or providing information to third parties; or
5.1.2. to any law enforcement or revenue authorities (when requested by them to do so) but only to the extent necessary to adequately deal with the requests made.
6.1. On occasion we may gather information about your computer or the personal device that you access the Website on to facilitate usage of our Services and to provide statistical information regarding the use of our Website.
6.2. Such information will not contain personally identifiable data and will solely be used by us for statistical purposes about our visitors and their use of our Website.
6.3. We may gather information about your general internet use by using a cookie file. These cookies are downloaded to your computer or personal device automatically and stored on the hard drive of your computer or personal device. It contains information that assists us in improving our Website and the Services we provide to you.
7. Storing your personal data
7.1. Data that is provided to us is stored on secured servers managed, controlled or exclusively accessed by us. Details relating to any transactions entered on our Website will be encrypted to ensure its safety.
7.2. We may transfer, store and process your information using cloud services in various countries (including outside of the EU) operated by third party service providers or business partners. Such countries may not have the same level of data protection as required within the EU. Such third party service providers or business partners will only be selected and retained provided appropriate safeguards are in place in relation to such third party service providers and/or the country in question including for instance appropriate contractual clauses and/or adequacy decisions, to ensure that your information is treated securely and in accordance with this policy.
7.3. The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is entirely at your risk.
7.4. Where we have given you a password (or where you have chosen a password) to access certain parts of our Website or usage of our Services, you are responsible for keeping this password confidential.
7.5. We take all appropriate security measures in line with market driven best practice to protect your personal information.
8. Retention of information
8.1. Kinesis will not retain your personal information for longer than it is required.
8.2. We will keep your personal information:
8.2.1. for as long as required by law;
8.2.2. until we no longer have a valid reason for retaining it; or
8.2.3. until you request us to stop using it.
8.3. We may keep a sufficient amount of personal information from you to ensure that we comply with your requests not to use your personal information or comply with your right to erasure. For example, we must keep your request to be erased even if it includes your personal data until such time as you are no longer our customer.
9. Your rights
9.1. Below are the rights that you may have under law, and what Kinesis does to protect those rights:
|Legal right||What Kinesis does to protect your rights|
|The right to be informed||Kinesis is publishing this Privacy Notice to keep you informed as to what we personal information. We strive to be transparent about how we use your da In addition, if there is a data breach that includes your personal information trisk for your rights and freedoms as an individual we will notify you within 72 becoming aware of the breach.|
|The right to access||You have the right to access your information. Please contact us at [email protected] if you wish to access the personal information Kin about you.|
|The right to rectification||If the information Kinesis holds about you is inaccurate or not complete, you to ask us to rectify it. If that data has been passed to a third party with your legal reasons, then we must also ask them to rectify the data. Please contac us to rectify your information: [email protected].|
|The right to erasure||This is commonly known as ‘the right to be forgotten’. If you want Kinesis to personal data and we do not have a legal reason to continue to process and contact us: [email protected].|
|The right to restrict Processing||You have the right to ask Kinesis to restrict how we process your data. This permitted to store the data but not further process it. We keep just enough d sure we respect your request in the future. If you want us to restrict processi data, please contact us: [email protected].|
|The right to data portability||Kinesis must allow you to obtain and reuse your personal data for your own across services in a safe and secure way without this effecting the usability o provided there is no legal reason to do so. Please contact us if you want info to port your data elsewhere: [email protected].|
|The right to object||You have the right to object to Kinesis processing your data even if it is base legitimate interests, the exercise of official authority, direct marketing (includ aggregation), and processing for statistical purposes. If you wish to object pl us: [email protected].|
|The right to withdraw consent||If you have given us your consent to process your data but change your min have the right to withdraw your consent at any time, and Kinesis must stop p your data. If you want to withdraw your consent, please contact us: [email protected].|
|The right to complain to a Supervisory Authority||You have the right to complain to the Information Commissioner’s Office if Kinesis has not responded to your requests to solve a problem. You can find details here: https://ico.org.uk/concerns/|
10. Third party links
10.1. You may find links to third party website on our Website. These websites may have their own privacy policies which you should review.
10.2. We do not accept any responsibility or liability for their policies as we do not have control over them.
11. Communications with us