Spotbee Inc, having its registered office at 1013 Centre Road, Suite-403 B, Wilmington, County of New Castle, Delaware- 19805-1270 (“us”, “we”, or “our”, “Company” or “Kenko”) is the owner and operates the website available at https://www.gokenko.com/ or and all other variations of the same and as mobile applications available on the Google Play store/Apple AppStore, developed by Spotbee, Inc. (“App”) respectively (collectively referred to as “Platform”).
This Privacy Policy describes our practices and your rights in connection with information that we collect, use, or disclose through:
- Our consumer-facing mobile application
- Our social media pages
- Our Platform
- HTML-formatted email messages that we send to you that link to this Privacy Policy
- and any other products and services offered through any other venues, websites and mobile applications that direct you to this Privacy Policy.
Collectively the "Services".
This Privacy Policy applies to any website powered by Kenko. While providing the Services, and as described in more detail below, we may collect Personal Information about a Website visitor, Subscriber, person or email address on or related to a customer list, or customer. When you access or use the Services, you agree to the terms and conditions of this Privacy Policy and that the information contained in this Privacy Policy ("Policy”) serves as notice at or before the point of collection for all information collected as described below
This page informs a visitor or user (“you”, “your” or “User”) of the Platform of our policies regarding the collection, use, and disclosure of personal data when you use our Platform and the choices you have associated with that data.
We use your data to provide and improve the Platform. By using the Platform, you agree to the collection and use of information in accordance with this Privacy Policy.
1. Introduction and applicability of the privacy policy
We are strongly committed to respecting your online privacy and recognize the need for appropriate protection and management of any personal information collected and/or collated by us.
The purpose of this Privacy Policy is to ensure that there is an intact charter that governs the collection, usage and protection of any personal and/or sensitive data collected by us. This Policy defines our procedure for collection, usage, processing, disclosure and protection of any data or information obtained by us through the Platform
Any reference made to Privacy Policy in this document shall mean and refer to the latest version of the Privacy Policy
2. Disclaimer
Whenever we make revisions to the Terms and Conditions, we will promptly notify you via email. Your utilization of the Platform is contingent upon these Terms and Conditions, which may be periodically updated, amended, modified, or revised by us. To remain fully informed of any potential additions, alterations, amendments, or modifications, we encourage you to consistently review the updated Terms and Conditions.
Please be advised that any Information (as defined here in below) procured by us, shall be
- Processed fairly and lawfully for rendering the services set out on the Platform(“Services”)
- Obtained only for specified and lawful purposes, and not be used in any manner which is against the law or policy in force in the state of Delaware, United States of America(“Applicable Law”)
- Adequate, relevant and not excessive in relation to the purpose for which it is required;
- Able to be reviewed by the User, from time to time and updated-if need arises; and
- Not kept longer than for the time which it is required or the purpose for which it is required or as required by the applicable law.
We shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any data, if the same is either
- Required under sharing your information for legitimate purposes; or
- Was effected through no fault, act, or omission of the company
By using the platform or services, you explicitly accept, without limitation or qualification, the collection, use and transfer of the information in the manner described herein.
Please read this privacy policy carefully as it affects your rights and liabilities under law.
3. Your consent
Please note that by providing the Information (as defined here in below), you provide your consent and authorize us to collect, use or disclose such Information for the Legitimate Purpose (as defined below) and as stated in this Privacy Policy and as permitted or required by applicable law. Moreover, you understand and hereby consent that this Information may be transferred to any third party for the purpose of providing Services through the Platform or to any third-party providers for rendering Services, any jointly developed or marketed services, payment processing, order fulfilment, customer services, data analysis, information technology services and such other services which enable us to provide Services through the Platform.
This Privacy Policy shall be enforceable against you in the same manner as any other written agreement. By visiting or accessing the Platform and voluntarily providing us with Information(including Personal Data), you are consenting to our use of the Information, in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you may refuse or withdraw your consent any time, or alternatively choose to not provide us with any Information. Under such circumstance, we may be unable to render Services.
Such an intimation to withdraw your consent can be sent to privacy@bookeeapp.com
4. Definitions
“Subscriber” shall mean an individual or entity that is availing the Services by Us.
“Controller” means the natural or legal person, public authority, agency, or other body which alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“End-User/Customer” means any person or entity who interacts with Services any individual who interacts with the Services, including users of our mobile applications such as the Platform, and individuals who book appointments, purchase services and otherwise interact with ourSubscribers through the Services.
“Process” means any operation or set of operations which is performed on Personal Data or onsets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Processor” means a natural or legal person, public authority, agency, or other body which Processes Personal Data on behalf of the Controller.
“You” and “Your” means an identified or identifiable natural person whose Personal Data We process as a Controller.
5. Changes
We may change this Privacy Policy at any time. The most recent version of the Privacy Policy is reflected by the version date located at the top of this Privacy Policy. All updates and amendments are effective immediately. We encourage you to review this Privacy Policy often to stay informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to be bound by this Privacy Policy. Our electronically or otherwise properly stored copies of this Privacy Policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in effect on each respective date you visited the Website.
6. Scope
This Privacy Policy is effective with respect to any data that we have collected, or collect, about and/or from you, according to our Terms of Use available at terms of service.
7. Questions & Concerns
If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter, please contact us by email at privacy@bookeeapp.com
8. Information We Collect
“Personal Data” means and includes any Information that relates to a natural person through which an individual is identified, such as the name, contact details, phone number, email address, gender, age, organisation name, organisation email id, demographic information such as address and pin code, any photo identity or any other information relevant to product choice and preferences provided by a User, including but not limited to information gathered through availing Services
“Health Data” means and includes information relating to:
- Data pertaining to medical history, injuries and other information uploaded by the trainers/businesses
- Medical records and history and
- Any detail relating to the above-mentioned points as provided to us for using the platform
“Technical Information” means and includes any Information gathered through various technologies that may employ cookies, web beacons, or similar technologies to automatically record certain information from your device through which you use the platform. This technical information may include your Internet Protocol (IP) address, device or browser type, Internet service provider (ISP), referring or exit pages, clickstream data, operating system, hardware model, operating system version, unique device identifiers, and mobile network. This data includes usage information and user statistics
“Non-Personal Information”
- “Information through use of our service” means and includes information which is shared with us to avail our Services.
- “Non-Personal Information” means and includes any information that does not reveal your specific identity, such as, browser information, information collected through Cookies(as defined below), pixel tags and other technologies, demographic information, etc. As is true with most websites, our Company gathers some information automatically when you visit the platform. When you use the platform, we may collect certain information about your computer or mobile to facilitate, evaluate and verify your use of the platform. For example, we may store environmental variables, such as browser type, operating system, speed of the central processing unit (CPU), referring or exit web pages, click patterns and the internet protocol (IP) address of your computer. This information is generally collected in aggregate form, without identifying any user individually
(The Personal Data, Health Data, Technical Information and Non-Personal Information are collectively referred to as “Information”)
9. Cookies and other Tracking Technologies
Our Platform may utilize “cookies” and other Technical Information. “Cookies” are a small text file consisting of alphanumeric numbers used to collect the Information about Platform activity. The Technical Information helps us analyse web traffic and helps you by customizing the Platform to your preferences. Cookies in no way gives us access to your computer or mobile device. In relation to Cookies, you can deny access to the installation of the Cookies by modifying the settings on your web browser, however, this may prevent you from taking full advantage of the Platform
Our use of Cookies and Technical Information allows us to improve Platform and your experience of Platform and Services. We may also analyse Technical Information that does not contain Sensitive Personal Information for trends and statistics
10. How We Collect Information
Through the Services:
We collect information about you whenever you use the Services, for example:
If you are an End User, when you create an account on through the Platform or through the website powered by us, we may ask for Personal Information such as your name, email and postal address, and other information you may provide with your account.
If you are a Subscriber, when you sign up for our Software Service, we ask for your company name, address, phone number, email, credit card information, business registration, and other information about your business, as well as names and email addresses of authorized individuals on your account. If you attend one of our events(e.g., a tradeshow, webinar, or training), we may ask for your feedback, contact details or other information to follow-up with you, such as send you marketing communications consistent with your choices.
We collect information about you when you interact with the Services. For example, if you initiate a transaction through the Services, such as a purchase, we may collect information about you, such as your name, email, phone number, address, as well as any other information you provide in order to process the transaction. This information may be shared with others for the same purposes. We may also collect other Personal Information at the request of the Subscriber you are transacting with or through. We may also store information that your computer or mobile device provides to us in connection with your use of the Services, such as IP address, operating system, deviceID, and device type.
We may collect information about others from you, including your emergency contacts, and only use this information for the reason it was provided.
We and our service providers collect information about your location when you use or access Services. Those sources include:
- Data from your device through settings you activate
- Other location sources:
- IP address
- IP address
We collect and use this location-related data in order to
- Provide you with services you have purchased or requested
- Deliver content that is relevant to you based upon your location
- Deliver marketing or ad content that is relevant to you based on your location
- Protect against abuse or misuse of services or of your account
Improve our site and services
From other sources
- In addition to the information, we collect from you through Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your third-party account to the Platform account, certain information from such third-party account may be shared with us, including information that’s part of your profile or your friends’ profiles. We may also collect other Personal Information through the Services under the direction of our Subscriber.
You do not have to provide us with certain Personal Information, however, if you do not provide or enable us to collect the necessary information, we may not be able to provide the Service. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
12. Data Collected for and by our Users
As you use our Services, you may import into our system Personal Information you have collected from your customers or other individuals. We have no direct relationship with your customers or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. We may transfer Personal Information of you or your customers to companies that help us promote, provide, or support our Services or the services of our Subscribers (“Service Providers”). As part of our Services, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about customers. We may share this information, including customer email addresses, with third parties in line with the approved uses in Section 6.
If you are a customer and no longer want to be contacted by one of our Subscribers, please contact the Subscribers directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the Subscriber of your request.
We will retain Personal Information we process on behalf of our Subscribers for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
13. Data Collected for and by our Users
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
- Obtaining feedback in relation to Platform or our Services;
- To facilitate Services and Usage of the Platform;
- Promote Services and Platform;
- Obtaining feedback in relation to any other Users listed on the Platform;
- Resolving any complaints, information, or queries by other Users regarding your Critical Content; and
- You agree to provide your fullest cooperation further to such communication by the Company.
Links to third- party websites. Our Websites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.
14. How To Access and Control Your Information - European Union - GDPR
Under the EU General Data Protection Regulation (EU GDPR), EU residents may exercise their data subjects’ rights – for example:
- Right of Access
- Right of Erasure
- Right to Rectification
- Right to Object
If you wish to exercise these rights, you may submit a written request using the contact details set out in this Policy.
15. Data Security
You agree and accept that your Information may be stored in third-party cloud service infrastructure providers. While all reasonable attempts have been taken from our end to ensure the safe and secure storage of your data, we shall not be liable for any data breach on the part of the third-party cloud service infrastructure provider that was beyond our control. In addition to the security measures put in place by the third-party cloud service infrastructure provider for safe and secure storage of your Information, we use certain physical, managerial, technical or operational safeguards as per industry standards and established best practices to protect the Information we collect. We use reasonable security practices and procedures and use secure servers as mandated under applicable laws for the protection of your Information. We review our Information collection, storage, and processing practices, including physical security measures to guard against unauthorized access to systems. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the Information you supply will not be intercepted while being transmitted to us over the internet. You accept the inherent security implications of data transmission over the internet and the internet cannot always be guaranteed as completely secure. Therefore, your use of the Platform will be at your own risk. If you have any concerns, please feel free to contact us at the details given in this Policy.
16. Transfer of Data
Your information 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 from your jurisdiction.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your data will take place to an organization or a country unless there are adequate controls in place including the security of your data.
17. Third Parties
We may disclose Personal Information to the following types of third parties for the purposes described in this policy:
Service Providers. Sometimes, we share your information with our third-party Service Providers, who help us provide and support our Services. For example, if it is necessary to provide you something you have requested (like enable sales via Stripe), then we may share your and/or your customers’ Personal Information with a Service Provider for that purpose. Just like with the other third parties we work with, these third-party Service Providers enter into a contract that requires them to use your Personal Information only for the provision of services to us and in a manner that is consistent with this policy. Examples of Service Providers include hosting services and content delivery services, and payment processors. Our credit card processing vendors, uses security measures to protect your information both during the transaction and after it is complete. Our credit card processing vendors are PCI compliant
Advertising Partners. We may partner with third party advertising networks to manage and serve our advertising on other sites and may share Personal Information with them for this purpose. All third parties with which we share this information are required to use your Personal Information ina manner that is consistent with this policy. We and our third-party partners may use cookies and other tracking technologies, such as pixels and web beacons, to gather information about your activities on our websites and other sites in order to provide you with targeted advertising based on your browsing activities and interests. We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of thePersonal Information. If you have any questions about the security of your Personal Information, you may contact us at privacy@bookeeapp.com. Kenko accounts and customer logins require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your customer lists is so sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords, and can only provide you a link you can use to initiate the reset process
18. Contest and Sweepstakes
We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our websites or through third parties (collectively “Our Promotions”). Participation in our Promotions is completely voluntary. Information requested for entry may include personal contact information such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer Our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Services. We may share this information with our affiliates and other organizations or Service Providers in line with this policy and the rules posted for the Promotion.
19. Content of Email Deliveries
When you send an email using our service, it bounces from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Email was not built for confidential information. Please do not use Kenko to send confidential information. We may review the content of our Subscribers’ email deliveries to make sure they comply with our Terms of Use.
20. Your customer lists
Your customer lists are stored on a secure Kenko server. We do not, under any circumstances, sell your customer lists. If someone on your customer list complains or contacts us, we might then contact that person. We will alert you if we have any communication with any of your customers explaining why. Only authorized employees have access to view customer lists. You may export (download) your customer lists from Kenko at any time. We will use and disclose the information in your customer lists only for the reasons discussed in this document. Kenko will never market directly to your customers, or use any of the customer information you have uploaded, for marketing purposes.
21. Notice of Breach of Security
If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your customer lists, then Kenko will notify you as soon as possible and later report the action we took in response.
22. Children
Our Service is not directed to children (as per the applicable law). We do not knowingly collect personal information from children under the age of 18. If you have reason to believe that a child has provided personal information to us through the Service, please contact us and we will endeavour to delete that information from our databases.
23. Accuracy and Retention of Data
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements. Aggregating Information / Anonymized data: We may aggregateInformation and analyse it in a manner to further accentuate the level of services that we offer to our customers. This Information includes average number of Users of the Platform, the average clicks of the services/, the features used, the response rate, etc. and other such statistics regarding groups or individuals. In doing so, we shall not be making disclosures of any Personal Data as defined above.
24. Access
We will give You access to any Personal Information we hold about you within 30 days of any request for that information. You may request to access, correct, amend or delete information we hold about them by contacting us at privacy@bookeeapp.com. Unless it is prohibited by law, we will remove any Personal Information about an individual, either you or a customer, from our servers at your or their request. Please note we will need to confirm your identity in order to access, update, or remove any information. There is no charge for You to access or update their Personal Information.
25. Data Protection Officer
Questions regarding this Privacy Policy should be directed to the following email ID to the following Data Protection Officer:
Email ID: privacy@bookeeapp.com
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