Effective Date: November 16th, 2018

Premier Specialty Brands and Desora Inc. Privacy Policy

 

GENERAL

We care about your privacy. This Online Privacy Policy explains what information we may collect, use, share, and keep, the purpose for which we use this information, the choices we offer, the process we have in place to safeguard the information, and other important privacy terms (as updated from time-to-time, this “Online Privacy Policy”) that apply when you visit the iKamand app and any associated or successor products, services or mobile applications (collectively, the “App”).

In this Online Privacy Policy, the terms “we,” “us,” “our,” and other similar references mean Premier Specialty Brands and Desora, Inc. and their successors, agents and assigns worldwide; the terms “you” or “your” means any user of the App; and the terms “includes” or ”including” means “including but not limited to” or “includes but is not limited to.”

By using the App, you are accepting the terms of this Online Privacy Policy and you are consenting to our collection, use, disclosure and protection of your information as described in this Online Privacy Policy. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.

This Online Privacy Policy does not address, and we are not responsible for, the personal information collection, use, disclosure or security, or other practices, of any third parties to which the App may link, or which is otherwise available on or through the App (including, for example, social media “share,” or similar buttons, some of which may collect information from you even when you do not interact with them). Information collected by these third parties is governed by their privacy policies. We recommend you review these privacy policies.

The inclusion of a link, button, or similar functionality within the App does not imply our endorsement of said third party. In addition, we are not responsible for and have no liability for the content, features, products, services, privacy policies or terms of service of any other third party, social media platform, operating system or wireless service provider; or device manufacturer.

We may change this Online Privacy Policy from time-to-time. If we make changes to this statement, we will update the “Last Modified” date at the top of this page. Any changes to this Online Privacy Policy will become effective when posted unless indicated otherwise. Your continued use of the App following the posting of any changes will mean that you accept those changes.

 

SOURCES OF INFORMATION

The personal information we collect about you comes primarily from the information that you provide to us while you are singing up for, using, interacting with, and uploading User Content to or generating User Content on the App.

Information That You Provide when you use the App, or otherwise interact with us, the typical information we may collect about you may include:

Your name, address, phone, email and other contact details and similar information;

Account login credentials; Social media account ID; and Other personal information that you disclose as part of any App enrollment or in other communications with us.

You may choose not to provide any of the personal information requested in the App. However, you may be unable to interact with our App if you do not supply certain information.

Automatically Collected Information

In addition to the information that you provide to us, we collect certain information automatically through your use of the App. For example, we may collect data regarding your use of the App directly or through our service providers using mobile analytics SDK’s or similar tools that are set when you visit/use the App.  Furthermore, our servers may automatically record certain information about how a person uses our App (we refer to this information as “Log Data”), including both User Account holders and non-account holders. Log Data may include information such as a user’s Internet Protocol (IP) address, device and operating system.

Location Information

We may receive information about your location and your mobile device, including a unique identifier for your device. In addition, in some instances, location information can be derived from your IP address or through your Wi-Fi connection. We may use your device’s physical location to provide you with location-based services and enhance your connection experience with the App.

 

OUR USE OF YOUR INFORMATION

We use your information to provide you with services on our App and to help us personalize and continually improve the App, including analyzing and compiling trends and statistics, and offering new services through the App.

We may also use your information to:

Administer, operate and manage your relationship with us. This may include sharing such information internally as well as disclosing it to third parties, as described in this Online Privacy Policy and other privacy notices that we may provide to you in connection with the App; Contact you through e-mail and push notifications; Provide you with customized and personalized content and marketing, including through push notifications (You may disable push notifications through your device settings;) Provide you with customized and personalized services, features and products; Provide you with new customized and personalized services, features, and products through partnerships with third parties; Authenticate your identity, including during the App sign-up process; Support our internal business operations; Comply with contractual obligations and our policies; Enhance the security of the App; Operate, evaluate and improve our business (including developing new products and services in conjunction/partnership with third parties; improving existing products and services; performing data analytics; and performing auditing and other internal functions); Personalize your online experience and provide advertisements, content, or features that match your interests; Enhance App performance; Notify you about changes to the App, and policies; Perform analytics concerning your use of our App; Respond to your requests and otherwise fulfill any purpose for which you provide personal information to us; To facilitate social sharing functionality; For any other purpose that we inform you of at the time your information is provided.

In addition to the list above, we may use data that we collect on an aggregate or anonymous basis for various business purposes, where permissible under applicable laws and regulations.

 

YOUR DISCLOSURES OF YOUR PERSONAL INFORMATION

If you post your personal information on blogs and other services to which you are able to post information and content, please note that any information that you post or disclose through these services will become public and may be available to other users and the general public. We recommend you do not post personal information in this manner.

If you share personal information with your friends associated with your social media account, to other users of the App, or to your social media account provider, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy.

 

DISCLOSURES OF YOUR PERSONAL INFORMATION TO THIRD PARTIES

We share your personal information with third parties as described below. In addition, we may share information that does not specifically and personally identify you, such as aggregated information, device identifiers or other unique identifiers to third parties.

Third-Party Service Providers: We may share your personal information with non-affiliated companies that perform support services for the App (“Third-Party Service Providers”). We may also share your personal information with other third parties whose products or services you request within the App, and if so, such third parties may use and disclose your information in accordance with their own privacy policies.

Law Enforcement, Legal Process and Emergency Situations: Your personal information may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations. Examples include responding to a subpoena or similar legal process, protecting against fraud and cooperating with law enforcement or regulatory authorities. We may also disclose your information if we believe it is necessary or appropriate to protect our rights, property or safety or the rights, property or safety of our employees, customers or others, or to enforce our contractual rights.

Sale, Assignment or Change of Control: In the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of any or all of our assets or liabilities, some of the personal information that we hold may be among the assets or liabilities transferred to a buyer or other successor. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or liabilities or any line of business, change in ownership control or financing transaction.

 

Transfers of Your Personal Data to Other Countries

The Personal Data we process, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region).

 

By using our Services and submitting your Personal Data, you agree to the transfer, storage, and/or processing of your Personal Data in the United States. Where and as required, we will seek your explicit consent as outlined in this Privacy Policy.

 

Effective November 16th, 2018, we participate in EU-U.S. and Swiss-U.S. Privacy Shield. EU and Switzerland residents and citizens can request measure taken on their data from the iKamand app including deletion, retrieval, amendment and can revoke their consent for use of their data in the Privacy Settings section of the iKamand app. 

 

ANALYTICS SERVICES AND OTHER TRACKING TECHNOLOGIES

Like many mobile applications and online services, we use tracking technologies such as cookies or SDK’s offered by Mobile Analytics Platforms. We may also use these technologies to record your preferences, track your use of the App across multiple devices, monitor traffic, improve the App and make the App easier to use.

We may use and disclose the information described in this section for any purpose, except where we are required to do otherwise under applicable law. If we combine the information described in this section with information that is deemed “personal information” under applicable law, we will treat the combined information as described within this Online Privacy Policy, for as long as it is combined.

 

HOW WE PROTECT YOUR PRIVACY

We employ protections to keep data secure, but no data transmission or storage system can be guaranteed to be 100% secure. We take reasonable measures to help protect your information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the Internet is not completely secure and Paribus cannot guarantee the security of your information collected through the App.

 

OTHER IMPORTANT INFORMATION

You must be an individual of at least eighteen (18) years of age and reside in the United States or on a United States military base, or in a United States Territory in order to use the App. If you do use the App outside of the United States, you understand and consent to the transfer of your personal information to, and the collection, processing and storage of your personal information in, the United States and elsewhere. The laws in the United States and these countries regarding personal information may be different from the laws of your state or country.

 

OTHER PRIVACY POLICIES OR STATEMENTS

This Online Privacy Policy provides a general statement of the ways in which we protect your personal information through the Site. We may, however, provide you with privacy notices, disclosures, policies or terms that supplement this Online Privacy Policy. To the extent that there is a conflict between this Online Privacy Policy and any other privacy notice, disclosure, policies or terms provided by us, the privacy notice, disclosure, policies or terms relating to that particular use of the Site will govern.

 

Residents of the European Economic Area 

 

If you elect not to provide personal data:

 

  • You may choose not to provide Desora with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.


How to exercise your rights

 

  1. Desora Inc. takes steps to keep your Personal Data accurate and up to date. If you reside in the European Economic Area, you have certain rights to the Personal Data that we have collected about you. To exercise your rights to your Personal Data, please use the iKamand app or contact us at support@desora.co or at the address listed below. Subject to applicable law, we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

  2. You have the following rights:

    1. Right of access to your Personal Data (Art. 15 GDPR): You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).

    2. Right to correction (Art. 16 GDPR): You have the right to have your Personal Data corrected, as permitted by law.

    3. Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Data, as permitted by law. This right may be exercised among other things: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and where there is no other legal ground for processing; (iii) when you object to processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to Art. 21 (2) GDPR; or, (iv) when your Personal Data has been unlawfully processed.

    4. Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your Personal Data is contested; when the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of the use of your Personal Data instead; or when you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of Under Armour override your grounds.

    5. Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.

    6. Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Data, as permitted by law. This right is limited to processing based on Art. 6 (1) (e) or (f) GDPR, and includes profiling based on those provisions, and processing for direct marketing purposes. After which, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

  3. How we may disclose your Personal Data

  4. The GDPR and national laws of European Union member states implementing the Regulation permit the sharing of Personal Data relating to users who are residents of the European Economic Area with third parties only under certain circumstances. If you reside in the European Economic Area, we will only share your Personal Data as described in our Privacy Policy if we are permitted to do so under applicable European and national data protection laws and regulations.

  5. Desora Privacy Shield Statements

    1. Desora Inc. has self-certified that it complies with the EU-U.S. Privacy Shield Framework ("Privacy Shield") and the Swiss-U.S.- Privacy Shield regarding the collection, use, and retention of Personal Data from European Union member states and Switzerland.

    2. For EU and Swiss Personal Data received in the United States under the Privacy Shield, Desora has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the standards of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles govern. To learn more about the Privacy Shield program, please visit the US Department of Commerce Privacy Shield website. To view our certification page, please visit the Privacy Shield List.

    3. Under the Onward Transfer Principle, we may remain liable for the processing of European Personal Data that we transfer to our third party agents or service providers. In some instances, we may also be required to disclose Personal Data to comply with valid requests from public authorities, including for national security or law enforcement purposes.

    4. In compliance with the Privacy Shield, Desora commits to resolve your complaints concerning data privacy and our collection or use of your Personal Data. We welcome you to bring any concerns directly to us at support@desora.co. Eligible unresolved privacy complaints related to violations of the Privacy Shield Principles can be reported to JAMS, an alternative dispute resolution provider located in the United States and Canada. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Desora, please visit https://www.jamsadr.com/eu-us-privacy-shield for information on how to file a complaint with JAMS.

    5. Note that if your complaint is not resolved through either a direct interaction with Desora, or JAMS, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

    6. For the purposes of enforcing compliance with the Privacy Shield, Desora is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.



  6. Marketing communications

    1. Where we are legally required to do so, we ask you for your prior consent before providing you with promotional materials or information. When required by local law, we will obtain marketing consent. You may revoke your consent at any time (this will not affect the processing of your Personal Data undertaken until the revocation). If you want to stop receiving promotional materials, etc., you can do so at any time as outlined in the Privacy Settings section of the app.

  7. Additional use of Personal Data

    1. Additional use of your Personal Data that is not described in this Privacy Policy will only take place as required by statute or when we have obtained your consent.

  8. Legal Basis for Processing under the GDPR

    1. In this section we provide information on the legal basis for our processing of your Personal Data as required by Art. 13 and 14 of the GDPR:

    2. When you register for an account or interact with our Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

    3. When we collect precise Location Data following your prior consent, we process such data on the basis of your prior consent, Art. 6(1)(a) GDPR. In other cases where we process your Location Data without consent, for example in order to provide our Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

    4. When you communicate with us or sign up for promotional materials, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages. Where we are required under applicable local law to obtain your consent for sending you marketing information, the legal basis is your consent, Art. 6(1)(a) GDPR.

    5. When you connect with us through social media:

      • Where we collect your consent in such case, for instance for marketing purposes, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use the full range of our Services (Art. 6 (1) (f) GDPR).

    6. When we leverage and/or collect cookies, device IDs, Location Data, data from the environment, and other tracking technologies, we process such data on the basis of your consent, Art. 6 (1) (a) GDPR, and based on our legitimate interest, Art. 6 (1) (f) GDPR, where we do not obtain your consent and our legitimate interest is to provide you with better Services or marketing.

    7. When we track you in our App, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest in enhancing your experience as well as loss or crime prevention when using the in-app store.

    8. When we use coarse location and data from your iKamand device or phone, we process such data for strictly necessary purposes in order to perform our Services, Art. 6 (1) (b) GDPR); and for our legitimate interest in marketing and improving our Services, Art. 6 (1) (f) GDPR).

    9. When we aggregate or centralize data, such processing is either necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better or customized Services and marketing.

    10. When you sign up for our services that consist of social sharing and communication with others (including linking you to friends across platforms:

      • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

    11. When you share content or achievements, or invite friends to use the Services:

      • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

    12. When we provide you geographically relevant Services, offers, or advertising:

      • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, for such data that we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

    13. When we disclose Personal Data to our affiliates and partners, and to our service providers and vendors:

      • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR

      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better services.

    14. When we process or share Personal Data in the event of an actual or contemplated sale, we process such data for our legitimate interest in offering, maintaining, providing, and improving our Services, Art. 6 (1) (f) GDPR).

    15. When we conduct analytics, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to develop and improve our Services.

      • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

    16. When we investigate suspected illegal or wrongful activity, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to ensure compliance with legal requirements and law enforcement requests and for public safety purposes.

  9. Right to lodge a complaint before the Data Protection Authority

    1. We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.

  10. Changes to this Privacy Policy

    1. In order to enhance our Services it might be necessary to change this Privacy Policy from time to time. We therefore reserve the right to modify this Privacy Policy in accordance with the applicable data protection laws. Please visit our Website from time to time for information on updates to this Privacy Policy.

  11. How to contact us or our Privacy Office

    1. In case of questions about the processing of your Personal Data please contact us at support@desora.co

    2. If we are required under applicable law to appoint a data protection officer (DPO), you can contact the DPO that is responsible for your country/region at support@desora.co

    3. Desora Inc. is the data controller for iKamand app.