Kipuka Privacy Policy
Kipuka values the privacy of the users who visit our website and use the Incentivize2Learn application.
This Privacy Policy explains how Kipuka Associates, LLC collects, uses, discloses, and protects personal information that we collect from you (collectively or individually, "You" or "Users") through the Incentivize2Learn mobile application (the "Service").
By registering for, accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree, effective as of the date of such action, to the information handling practices described in this Privacy Policy.
Important Information
This Privacy Policy is incorporated into and is subject to the Kipuka Terms of Service. Your use of the Service and any personal information you provide through the Service are subject at all times to this Privacy Policy and the Terms of Service.
1. The Information We Collect; Personal Data
User-Provided Information, including Personally Identifiable Information (PII)
Due to the nature and scope of our product, you may provide to Kipuka what is generally called "personally identifiable" information (such as your name, email address, mobile telephone number, etc.) when using the Service, such as when you register an Account on the Service, log in to the Service, or otherwise use the features and functionality of the Service.
As permitted by applicable law we may collect, use, store and transfer different kinds of Personal Data about you. We have grouped these into the following categories of "Personal Data":
- Contact Data: such as email addresses, and telephone numbers
- Response Data: information you submit through responses to survey questions, such as responses to questions about your learning progress and product and service interests
- Marketing and Communications Data: such as your preferences in receiving marketing from us and our third-parties and your communication preferences
- Profile Data: such as your username and password, orders made by you, preferences, user-generated content, feedback and survey responses
Technical Data
Device Information
Certain information is automatically collected through your device, such as IP address, MAC address, and operating system. We use this information to ensure that the Service functions properly.
Cookies Information
When you access the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. We may use cookies for purposes such as determining what features interest our visitors, revising the Service's features or operations, and as further described below.
Kipuka may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service.
Kipuka site uses cookies to maintain active user sessions. However, persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.
IP Address
Your IP address is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). Your IP address may be identified and logged automatically in our server log files whenever you access the Service, along with the time of the visit and the page(s) that were visited.
Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Service. We may also derive and collect your approximate location from your IP address to understand from what regions of the world our Service users come.
Location Information
We may receive your approximate location or data that indicates your approximate location, such as your IP address.
Use of Information Across Parties for the Service
In using the Service, the information we collect can be considered PII, and may be shared between Kipuka and a third party for the Service we are providing.
When we share information with a 3rd party, we do so because it is necessary to perform our contractual obligations or ensure the Service works for you. Such Personal Information is then subject to that third party's own data collection, use, and disclosure policies.
We do ensure that we work with known, quality partners, but should you wish to know more about the specific privacy policies of these providers, including whether these providers may collect or share Personally Identifiable Information between providers, you may enquire with us using the procedures described below.
Response to Do Not Track Signals
Certain web browsers may provide an option by which the browser may inform websites or internet services you visit that you do not wish to have information (which may or may not contain PII) about your activities tracked by cookies or other persistent identifiers across time and across third-party Internet websites, online or cloud computing services, online applications, or mobile applications. These are commonly called "do not track" signals.
Kipuka site requires cookies to maintain active user sessions, and therefore Kipuka does not act on Do Not Track requests.
Third Party Web Beacons
To bring you the best experience and product set possible, we may also implement and integrate third party content, such as advertising, on the Service that uses "clear gifs," "web beacons," or other similar techniques, and which may allow the third party content provider to read and write cookies to your browser, or implement similar tracking mechanisms, in connection with your viewing of that third-party content displayed on or through the Service.
Other System Information Automatically Collected
When you access the Service or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This "automatically collected" information may include your Internet Protocol address, a unique device or user ID, the version of software installed, system type, the content and pages that you access on the Service, and the dates and times that you visit the Service.
2. The Way We Use Information
Kipuka uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Service as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act.
We will use your email address and other provided contact information, without further consent, for administrative communications such as notifying you of major Service updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding any content, and other materials that you have posted to, transmitted through, or downloaded from the Service.
Kipuka uses all of the information that you provide or that we collect to understand the usage trends and preferences of our Users, to improve the way the Service works and looks, and to create new features and functionality.
Kipuka may use "Automatically Collected" information and "Cookies" information, alone or in combination with other information we have collected from you, to:
- Personalize the service, such as remembering your information so that you will not have to re-enter it during your visit or the next time you access the Service
- Provide customized third party advertisements, content, and information
- Monitor aggregate site usage metrics such as total number of visitors and pages accessed
- Provide such metrics to Users as they pertain to such User's content
Kipuka may use your email address or other personally identifiable information to send (a) messages about the Service, such as when you receive communications from another User, and (b) promotional messages related to the Service and the activities of third parties we work with. Generally, you have the ability to unsubscribe from further communications from a User of the Service, through links provided in the messages sent on behalf of such User.
3. When We Disclose Information
Privacy Protection
Kipuka does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior consent.
Please be aware, however, that any personally identifiable information that you voluntarily choose to display on or provide to the Service – such as when you publish information in any kind of messaging activity within the application or Service to another – becomes publicly available and may be collected and used by others without restriction.
We may disclose User information to affiliated companies or other businesses or persons who:
- Provide web site hosting, maintenance, and security services
- Fulfill orders
- Conduct data analysis and create reports
- Offer certain functionality
- Assist Kipuka in delivering or improving the Service and creating new features
These disclosures are generally made under terms comparable to this Privacy Policy, and the recipients are limited to using the information for the purposes for which the information was provided and only to the extent necessary to complete the intended work.
Kipuka may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, or other government subpoena, or warrant in the manner required by the requesting entity.
Kipuka also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary:
- To take precautions against liability
- To protect Kipuka from fraudulent, abusive, or unlawful uses
- To investigate and defend ourselves against third-party claims or allegations
- To assist government enforcement agencies
- To protect the security or integrity of the Service
- To protect the rights, property, or personal safety of Kipuka, our users, or others
We may disclose personal information we collect about you:
- We may disclose aggregated reports about our users
- To our affiliates
- To our business partners
- To our contractors, service providers, and other third parties we use to support our organization, including our analytics providers
- To communicate with you and others, including to market our services
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request
- To enforce our policies, terms of use, or rights
- To investigate or prevent unlawful activities or misuse of the Service
- To protect the rights, property, or safety of us, our users, or others
- To a buyer or other successor or organization in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets
- For such purposes as you may authorize at the time you submit the information
4. Your Choices, Rights and Responsibilities
Right Not To Share Information
You may, of course, decline to share your personally identifiable information with Kipuka, in which case Kipuka will not be able to provide to you the features and functionality found on the Service.
Identity Verification
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information.
Your Responsibilities
You are responsible for maintaining the secrecy of your unique password and account information at all times.
5. Our Commitment to Data Security
Kipuka uses certain physical, managerial, and technical safeguards designed to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Kipuka, and you do so at your own risk.
Kipuka cannot guarantee that information you provide or that we collect may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Kipuka learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Kipuka may post a notice on the Service if a security breach occurs.
6. Our Commitment to Children's Privacy
Age Restriction
If you are under 13 years of age, then you may not use or access the Service at any time or in any manner.
Protecting the privacy of young children is especially important. For that reason, Kipuka does not knowingly collect or maintain personally identifiable information from persons under 13-years-of-age.
If Kipuka learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the Service, then Kipuka will take the appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who you believe has registered an Account on the Service, then please contact Kipuka at support@kipuka.com to have that child's Account terminated and information deleted.
7. International Visitors
The Service is intended for use by residents of the United States. For users visiting the Service from outside the United States, please note that your information will be transferred to, stored, and processed in the United States.
By using the Service, you consent to the transfer of information to the United States and other countries that may have different privacy laws. Kipuka is not responsible for the privacy practices of any third-party websites or services that are linked to the Service.
8. In the Event of Merger or Sale
In the event that Kipuka is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.
9. Changes and Updates to This Privacy Policy
This Privacy Policy may be revised periodically and this will be reflected by an updated publication date at the top of this Privacy Policy. Please revisit this page to stay aware of any changes.
In general, we only use your personal information in the manner described in the privacy policy in effect when we received that personal information. Your continued use of the Service constitutes your agreement to this Privacy Policy and any future revisions.
For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.
10. How to Complain
All Data Subjects. If you have any complaint about the treatment of your Personal Data, or inquiries regarding our data practices, please contact us as set forth in Section 12 so we may resolve any query or concern you have.
11. No Class Actions
Class Action Waiver
YOU AND KIPUKA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12. Contact Information
Get in Touch
The provider of the Service is Kipuka Associates, LLC, we can be reached by email at support@kipuka.com.