Applicability: This Policy applies to Personal Data that Kendal collects, uses, and discloses through: (i) the Site and Services, and (ii) third-party sources. Third-party sources may include, but not be limited to: public databases, commercial data sources, and the public internet. When you make purchases, we use third-party payment processors to collect credit card or other financial information. Kendal does not store the credit card or payment information you provide, only confirmation that payment was made.
Definitions: The following terms have the following meanings as used in this Policy:
“Personal Data” means any information that relates to, describes, or could reasonably be used to identify an individual and that is protected as personal data or personal information under laws that apply to us.
“Location Data” means any data that identifies the location of the device that you are using to access the Services.
“Usage Data” means any data collected automatically through cookies and other tracking technologies, including your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site or use our Services; and the referring URL, or the webpage that led you to our Site or Services, and the pages, image or locations you visit.
“You” or “your” means any user of the Site or Services.
For any questions about how we use your data or to exercise your rights over your Personal Data, you can contact us at: firstname.lastname@example.org.
Who Is Collecting Your Personal Data
For purposes of the applicable data protection laws, Kendal is the "data controller". This means that Kendal determines the purposes for which and the manner in which, your data is processed.
Collecting and Using Your Personal Data
Types of Personal Data Collected
We collect Personal Data (a) that you provide directly to us or that we collect from third parties, such as when you register an account or use the Services, and (b) automatically through cookies and tracking technologies that collect Personal Data, Location Data and Usage Data from your use of the Site and Services.
While interacting with the Services, you may provide us certain Personal Data that could be used to contact or identify you. Personal Data that we collect may include, but is not limited to:
Registration Data: we collect certain Personal Data from registered users of our Services, including name, contact information, such as your email address and phone number, your company name, your company title, your company’s industry, a basic description of your company and its products, and your company’s website.
Credit card and Transaction Data: we ask that you provide credit card information in connection with payment of our Services, but such data is not stored or processed by us, but rather by our third-party payment processor. We also collect information on the transactions you make using our Services.
Usage Data: we collect this data to develop, monitor (including for security and other purposes) and improve our Services.
Location Data: we collect IP addresses and generalized location data (city and state), but do not track a user’s precise location.
Inputs, Prompts and Information: we collect the data you provide for content generation using the Services. This data may or may not contain Personal Data as you control what it contains. We encrypt this data and do not share it with third parties without your permission or your activation or posting using the Services.
Feedback and Preferences: we use this information you provide to enhance, develop and create new features for the Services.
Third Party Service Credentials: we collect data when you sign in from Google, such as your Google email and authentication information using Google Firebase.
Other data that you voluntary elect to send to Kendal, such as in communications you send to us or in response to surveys or marketing programs.
We may automatically collect the following information about your use of our Site or Services through cookies and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site or use our Services; and the referring URL, or the webpage that led you to our Site. We may combine this information with Personal Data that we have collected about you, including, where applicable, your name and other Personal Data.
Use of Your Personal Data
Kendal may use your Personal Data for the following purposes:
To provide, maintain, and improve our Services: including to monitor the usage of our Services.
To improve our machine learning and artificial intelligence models: our Services use technologies, like large language models (LLMs) and artificial intelligence, to analyze how our Services are used and to improve those Services. For example, we may track your usage of our Services to understand the effectiveness of any campaigns that you may launch using the Services, and to improve the predictive capabilities of our Services to improve the effectiveness of future campaigns. In general, we endeavor to anonymize such data before using it for training.
To manage your account: to manage your registration as a user of the Services. The Personal Data you provide can give you access to different functionalities of the Services that are available to you as a registered user.
For the performance of a contract: we use your Personal Data in connection with the development, performance, compliance and undertaking of the contract for the products, items or services you have purchased or of any other contract with us through the Services.
To contact you: we use your Personal Data to contact you by email, telephone call, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide you with information, advertising and offers: we use your Personal Data, such as your email address to contact you with news, advertising, special offers and general information about our and other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information. You can opt-out of receiving such email communications by using the unsubscribe mechanism.
To manage your requests: we use your Personal Data to attend and manage your requests to us.
For business transfers: we may use your Personal Data to evaluate or conduct a merger, divestiture, 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 proceedings, in which Personal Data held by us is among the assets transferred. See Changes to Business Ownership and Control below.
Compliance: we may use your Personal Data to: (a) detect, investigate, and prevent activities on our Sites that may violate our Terms of Service, could be fraudulent, violate copyright or other rules, or that may be otherwise illegal, (b) comply with legal requirements, (c) defend or exercise legal claims, (d) respond to law enforcement or governmental investigations or requests, and (e) protect our rights and the rights and safety of our users and others.
For other purposes: We may use your Personal Data for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our marketing and promotional campaigns and evaluating and improving our Site and Services.
Legal Bases for Use of Personal Data
In some jurisdictions, such as the European Union and the United Kingdom, we are required to have a legal basis for collecting and using your Personal Data. The following are the legal bases that may be applicable:
The consent you provide to us at the point of collection of your Personal Data. You may withdraw your consent at any time by contacting us at email@example.com.
The performance of the contract we have with you, such as when you register and use our Services.
The compliance with a legal obligation to which we are subject.
The legitimate interests of Kendal or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of Personal Data. We have a legitimate interest in gathering and processing Personal Data, for example: (1) to ensure that our networks and information are secure; (2) to administer and generally conduct business within our company; (3) to prevent fraud; (4) to facilitate mergers and acquisitions involving our business; (5) to exercise and defend legal claims; and (6) to conduct our marketing activities.
Sharing of Your Personal Data
We may share your Personal Data as follows:
With Service Providers, Third Party Vendors, Consultants, and other Business Partners: We may share your Personal Data with these parties in order to provide services on our behalf, monitor and analyze the use of our Services, contact you, and for the reasons stated in our Terms of Service. For example, we may share your Personal Data with third-party providers of artificial intelligence technologies in order to provide and improve our Services.
For business transfers: We may share or transfer your Personal Data in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company, including as part of a bankruptcy, liquidation or similar proceeding. See Changes to Business Ownership and Control below.
With your consent: We may disclose your Personal Data for any other purpose with your consent. You may withdraw your consent at any time by contacting us at firstname.lastname@example.org.
With Law Enforcement: Under certain circumstances, Kendal may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). To the extent we receive a request from law enforcement for your Personal Data, we will attempt to notify you and provide you with a copy of the request, unless we are legally prohibited from doing so.
With Other Parties in order to:
Comply with a legal obligation;
Exercise or defend legal claims;
Protect and defend the rights or property of the Company;
Prevent or investigate possible wrongdoing in connection with the Services;
Protect the personal safety of users of the Services or the public and the safety and Security of our Services; and
Protect against legal liability.
Retention of Your Personal Data
We will also retain Usage Data on an ongoing basis for internal analysis purposes. This enables us to strengthen the security or as part of use of LMMs to improve the functionality of our Services.
Transfer of Your Personal Data, Including From United Kingdom or European Economic Area
Your information, including Personal Data, is processed at our operating offices in the United States and in any other places where the parties involved in the processing are located. It means that this information and Personal Data may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. For example, if you are resident of the United Kingdom (“UK”) or the European Economic Area (“EEA”), your Personal Data may be transferred to the United States. You consent to the transfer of your Personal Data to such other jurisdictions, including the United States.
How We Collect Your Personal Data
From You: We collect Personal Data from you directly in the following ways:
when you register for the Services or contact us through the Site, by telephone, post, email or through any other means;
when you submit our user research Typeform;
when you express interest in using our Services;
when you respond to surveys; or
when you verify face ID or choose a profile picture or choose to upload any posts through the provision of access to the camera and gallery.
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Site and Services.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Services. There are two types of cookies: session and persistent cookies.
• Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site or Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site and Services.
• Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
Strictly necessary purposes: To let you login, ensure security and provide access to the Site and Services. Without this type of technology, our Services won’t work properly or won’t be able to provide certain features and functionalities.
Performance purposes: To analyze how visitors use our Site and Services, for instance which pages visitors visit most often, in order to provide a better user experience. We also use this technology to check if you have opened our emails, so we can see if they are being delivered correctly and are of interest.
Personalization purposes: To remember choices you have made – such as language or region.
Advertising cookies: To limit the number of times you see an advertisement, or to customize advertising across Services and make it more relevant to you and to allow us to measure the effectiveness of advertising campaigns and track whether ads have been properly displayed so we can pay for this.
Social media cookies: Cookies are used by social media services to enable you to share our content with your friends and networks. These cookies may track your browser across other sites and build a profile of your interests, which may impact the content and messages you see on other websites that you visit.
Managing Cookies: If you are using our Site or Services via a browser you can restrict, block or remove cookies through your web browser settings. The Help menu on the menu bar of most browsers also tells you how to prevent your browser from accepting new cookies, how to delete old cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.
You can also visit http://www.aboutcookies.org for more information on how to manage and remove cookies across a number of different internet browsers. You also have the option to change your choices relating to cookies utilized to deliver behaviorally targeted advertising at our Ad Choices page (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance).
We also use Flash cookies to provide some content such as video clips or animation. You can manage Flash cookies via Adobe’s website.
Third-Party Sources: We may receive your Personal Data is received from third-party sources such as Google, such as your Google email address and certain authentication information.
We use certain technical and organizational measures designed to safeguard your Personal Data. Please be aware that despite our efforts, no data security measures can guarantee 100% security. If you suspect any misuse or loss or unauthorized access to your Personal Data or your account, please let us know immediately by contacting us via this email address: email@example.com.
You may have certain rights under applicable laws regarding your Personal Data as more particularly described in the regional notices below. You may request access, a copy, modification or deletion of Personal Data that you have submitted to us by contacting us at firstname.lastname@example.org. We will use reasonable efforts to accommodate such requests to the extent required by law, provided that we may be required to retain Personal Data to comply with legal obligations, accounting requirements, or for other business purposes. We may request additional information to verify the identity of the requesting party before responding to a request. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.
European Union and the United Kingdom
If you are a resident of the European Union or the United Kingdom (UK), you have the following rights:
Right to access - the right to request (i) copies of the Personal Data we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the Personal Data we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to rectify - the right to have your Personal Data rectified if it is inaccurate or incomplete.
Right to erase - the right to request that we delete or remove your Personal Data from our systems.
Right to restrict our use of your Personal Data - the right to "block" us from certain uses of your Personal Data (such as marketing in our legitimate interest) or limit the way in which we can use it.
Right to data portability - the right to request that we move, copy or transfer your Personal Data.
Right to object - the right to object to our use of your Personal Data including where we use it for our legitimate interests.
To make inquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Personal Data (where consent is our legal basis for processing your Personal Data), please contact us via this email address: email@example.com.
If you are not satisfied with the way we handle your Personal Data, you may file a complaint with the supervisory authority in your jurisdiction of residence. If you are a resident of the UK, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/. A resident of the EEA can submit a complaint to the supervisory authority in the Member state in which they reside.
US State-Specific Notices
This section provides information required under various US state laws, including the California Consumer Privacy Act of 2018 and as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), the Colorado Privacy Act of 2021 (the “CPA”), the Virginia Consumer Data Protection Act of 2021 (the “VCDPA”), the Utah Consumer Privacy Act of 2022 (the “UCPA”), and the Connecticut Data Privacy Act of 2022 (“CDPA”) and any and all regulations arising therefrom. This section only applies to a natural person who resides in California, Colorado, Virginia, Utah and Connecticut and to whom we offer Services.
We use the term Personal Data in this section to have the same meaning as personal information under the CCPA and personal data under the CPA, VCDPA, UCPA, and CDPA. Other terms shall have the meaning given them under the CCPA, CPA, VCDPA, UCPA, and CDPA, as applicable.
The Personal Data We Collect and Disclose
The chart below shows the categories of Personal Data we may collect; examples of personal information in each category; types of sources from which each category of personal information is collected; the business purposes for which each category of personal information is collected; and the types of Vendors or Third Parties with whom that category of personal information is shared. As this chart shows, we may share or sell personal information to Third Parties or disclose certain personal information to Vendors for business purposes.
Sensitive Personal Information or Sensitive Data
We do not collect Sensitive Personal Information or Sensitive Personal Data as those terms are defined under the privacy laws referenced in this section.
Retention of Data
We intend to retain each category of Personal Data described above only for as long as necessary to fulfill the purpose for which it was collected, or a related and compatible purpose consistent with the average consumer’s expectation, and to comply with applicable laws and regulations.
Your Rights to Your Personal Information
California, Colorado, Virginia, Utah, and Connecticut consumers have certain rights with respect to the collection and use of their personal information. Those rights vary by state. As required by the CCPA, we provide detailed information below regarding the data subject rights available to California consumers. Consumers in Colorado, Virginia, Utah, and Connecticut have similar rights and can find more detail by referencing the CPA, VCDPA, UCPA, or CDPA, as applicable.
You have the right to submit requests related to the personal information we have collected about you. You may make such a request twice in a 12-month span. Please note, there are circumstances when we may not be able to comply with your request. For example, we may not be able to verify your request, or we may find that providing a full response conflicts with other legal obligations or regulatory requirements. We will notify you if this is the case.
Notice at Collection. You have the right to receive the following information at or before the point of collection:
The categories of Personal Data to be collected;
The purposes for which the categories of Personal Data are collected or used;
Whether or not that personal information is sold or shared with third parties or disclosed to vendors;
If we collect sensitive personal information or sensitive data, the categories of sensitive personal information or sensitive data to be collected, the purposes for which it is collected or used, and whether that information is sold or shared; and
The length of time we intend to retain each category of Personal Data, or if that is not possible, the criteria used to determine that period.
We have provided such information in this section, and you may request further information about our privacy practices by using the contact information provided below.
Right Know and Right to Access. You have the right to request certain information we have collected about you. You have the right to request:
Specific pieces and categories of Personal Data we collected about you;
The categories of sources from which Personal Data was collected;
The purposes for which Personal Data was collected, shared, sold, or processed;
The categories of Personal Data we shared, sold or disclosed; and
The categories of Vendors or Third Parties with whom we shared, sold or disclosed Personal Data.
Right to Delete. You have the right to request that we delete certain Personal Data that we have collected subject to certain exceptions under applicable laws.
Right to Correct. You have a right to request that we correct any inaccurate Personal Data we may retain about you.
Right to Opt-Out of the Sale and Sharing of Your Personal Data. You have the right to opt-out of the sale and sharing of your Personal Data with Third Parties, and the right to opt out of the processing of Personal Data for targeted advertising purposes, as defined in the CPA, VCDPA, UCPA, and CDPA and cross-context behavioral advertising as defined in the CCPA. We do not sell or share Personal Data as defined in the laws, and therefore are not required to provide this opt-out. We do not knowingly sell or share Personal Data of consumers under 16 years of age.
Right to Consent to or Limit the Use of Your Sensitive Personal Information. You have the right to consent to the use of your Sensitive Personal information in CO, CT, VA and UT. Separately, you have the right in CA to instruct us to limit the use and disclosure of your Sensitive Personal Information to only that which is necessary to perform the services or provide the goods reasonably expected by an average consumer or for specific business purposes defined by law.
We do not use Sensitive Personal Information for purposes beyond those authorized by the CCPA, to infer characteristics about you or beyond your consent.
Right to Non-discrimination. You have a right to exercise the above rights, and we will not discriminate against you for exercising these rights. Please note that a legitimate denial of a request to access, delete, or opt-out is not discriminatory, nor is charging a fee for excessive or repetitive requests.
Instructions to Exercise your Rights. If you would like to make any of the data requests listed above, please email us at firstname.lastname@example.org. You may designate an authorized agent to exercise your rights under the CCPA on your behalf. Such individual must have power of attorney, or be an authorized agent registered with the relevant Secretary of State. We may request additional information to verify the authorized agent as set forth in the Verification Process section below.
Right to Appeal. You have the right to appeal our decisions about your data subject requests in certain states. If you would like to appeal a decision regarding your data request, please email us at email@example.com. Please state that your request is an “Appeal,” and describe the date and nature of your original request.
When you submit a request to exercise your data subject rights, we may ask you to provide information that will enable us to verify your identity.
If you designate an authorized agent to exercise your rights on your behalf, we may require that you or the authorized agent do the following:
Verify your identity with us directly.
Provide proof of your signed written permission for the authorized agent to submit a request on your behalf.