PRIVACY POLICY
Updated and Effective: Jan 1, 2025
Welcome to KiwiChat Inc.’s Privacy Policy. When you use our system, you are
trusting us with your information, and we work hard to protect your
information. This Privacy Policy is meant to help you understand what
information we collect, why we collect it, and how you can manage your
information.
Kiwi is not intended for children under 18 years of age. We do not knowingly
solicit data online from, or market online to, children under 18 years of age.
We encourage you to read this Privacy Policy carefully before using our
services. By using Kiwi, you are accepting the practices described in this
Privacy Policy.
If you have any questions about our privacy practices, please refer to the end
of this Privacy Policy for information on how to contact us.
INFORMATION WE COLLECT ABOUT YOU
We collect and store personal information that can identify you such as your
name, date of birth, email address and other personal information. When you
provide personal information, the information is stored on servers located
within the United States.
Device Information. We may collect and store the unique device identifier
(Device ID) of the device you use to access our services. This identifier is tied
to your hardware and is used for purposes such as fraud prevention,
analytics, and enhancing your user experience.
Permissions Usage: Our chat application requests certain permissions to
provide you with a seamless and enhanced user experience. Below, we
explain why we need access to your contacts, voice notes, and
photos/camera, and how we use
these permissions to improve your
interaction with the app.
Contacts Access: We request access to your contacts to make it easier for
you to connect with friends, family, and colleagues already using our app. This
permission allows us to suggest contacts you may want to message or invite,
streamlining your communication experience. We only access the contact
information you explicitly allow, and we do not store or share this data
without your consent.
Voice Notes: Access to your microphone is required to enable the voice
notes feature, allowing you to record and send audio messages to your
contacts. This enhances your ability to communicate quickly and personally.
Audio recordings are only created when you actively use the voice notes
feature, and they are securely transmitted to the intended recipient. We do
not access or store voice data unless you initiate a recording.
Photos and Camera: We request access to your photos and camera to allow
you to capture, upload, and share images directly within the app. This
permission enables features like sending photos in chats, setting profile
pictures, or sharing moments with your contacts. We only access your
photos or camera when you choose to use these features, and we do not
store or share your media without your explicit permission.
Information collected automatically. This information may include your IP
address, your browser type and language, access times, the content of any
undeleted cookies that your browser previously accepted from us (see
"Cookies" below), and the referring IP address.
Cookies. When you use our services, we may assign your device one or more
cookies, to facilitate access to our system and to personalize your
experience. Through the use of a cookie, we also may automatically collect
information about your online activity, such as the pages you visit and the
links you click. Most browsers automatically accept cookies, but depending
on your device you can usually modify your browser setting to decline
cookies. If you choose to decline cookies, please note that you may not be
able to use some of the interactive features we offer.
Other Technologies. We may use standard Internet technology, such as web
beacons and other similar technologies, to track your use of Kiwi. We also
may include web beacons in promotional e-mail messages or newsletters to
determine whether messages have been opened and acted upon. The
information we obtain in this manner enables us to customize the services to
deliver content, features or other activities.
HOW WE USE THE INFORMATION WE COLLECT
We may use information that we collect about you to:
● Deliver the products and services that you have requested; ●
manage your account and provide you with customer support; ●
perform research and analysis about your use of, or interest in, our
products, services, or content, or products, services or content offered
by others;
● enforce our Terms of Service;
● manage our business; and
● perform functions as otherwise described to you at the time of
collection.
WITH WHOM WE SHARE YOUR INFORMATION
We want you to understand when and with whom we may share personal or
other information we have collected about you or your activities on our
system.
We do not share your personal information with others except as indicated
below. We do not sell personal information to businesses for commercial
purposes, and we do not share personal information with third parties that
are not owned by us or under our control or direction except as described in
this Privacy Policy. We may share personal information with:
Authorized service providers: We may share your personal information with
our authorized service providers that perform certain services on our behalf.
These services may include fulfilling service requests, providing customer
service, performing business and sales analysis and supporting our system’s
functionality. These service providers are only authorized to process the
information as necessary and as directed by us. They are not permitted to
share or use such information for any other purposes.
Correctional Facilities. Facility staff can access your personal information,
transaction history, interaction and whom you interact with in order to verify
information and conduct investigations.
Government Authorities. From time to time, we may be required to provide
your information in response to lawful requests from government authorities
or law enforcement. We also may disclose your information in response to a
subpoena or similar investigative demand, a court order, or a request for
cooperation from a law enforcement or other government agency; to
establish or exercise our legal rights; to defend against legal claims; or as
otherwise required by law. In such cases, we may raise or waive any legal
objection or right available to us.
Disclosure of information to government authorities may also be provided in
connection with efforts to investigate, prevent, or take other action regarding
illegal activity, suspected fraud or other wrongdoing; to protect and defend
the rights, property or safety of our company, our users, our employees, or
others; to comply with applicable law or cooperate with law enforcement; or
to enforce Kiwi’s Terms of Service or other agreements or policies.
We may also disclose your information in connection with a substantial
corporate transaction, such as the sale of our business, a divestiture,
merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
HOW YOU CAN ACCESS YOUR INFORMATION
You can review and update your personal information by accessing “Settings”
in the Kiwi app or by contacting us.
COMMERCIAL AND PROMOTIONAL INFORMATION
At any time you can choose to no longer receive commercial or promotional
emails or newsletters from us by opting out of receiving such messages by
simply clicking on the unsubscribe link in the footer of any email from us or
contact us at support@kiwichat.com. It may take up to 10 days for us to
process an opt-out request. We may send you other types of transactional
e-mail communications without offering you the opportunity to opt out of
receiving them.
CALIFORNIA PRIVACY NOTICE
If you reside in California, we are required by the California Consumer Privacy
Act (“CCPA”) to provide additional information to you about how we collect,
use and disclose your information, and you may have additional rights with
regard to how we use your information. The information in this section applies
solely to visitors, users, and others who reside in the State of California.
California Personal Information
As described within our Privacy Policy we may collect certain categories of
information about California residents. We collect information from you when
you use our services or access our system.
In the past 12 months, we may have collected the following categories of
personal information relating to California residents:
Personal Identifiers, such as your name, date of birth, e-mail address, postal
address and/or phone number;
Personal characteristics such as your age and your gender;
Transaction information such as the content of your communications, and
services used;
IP address and MAC address;
Categories of Sources for the Collection of Personal Information
The categories of sources from which we collect personal information
depends the interaction with a specific California resident and the business
purpose for which the personal information is collected. We may collect
personal information directly from California residents through our system or
through the use of our services.
Business Purposes for the Collection of Personal Information
Our business purposes for using your personal information is to provide you
with our services and fulfill our business obligations, including the following:
Establish your account with Kiwi;
Provide our products and services to correctional facilities;
Improve your user experience utilizing our system;
Enable the basic features of our systems to function;
Send you communications about the services you requested, and
promotional materials on our products and services;
Fulfill your requests, such as troubleshooting applications;
Process your payments for the services you requested;
Monitor and improve our customer service;
To understand our customer base and improve our products and services;
and to
Authenticate your identity to allow us to fulfill your request for access,
correction or deletion of your personal information.
Categories of Third Parties to whom we have shared Personal Information
We do not share your personal information with others except as indicated
within this Privacy Policy. With regards to California residents and within the
meaning of the CCPA, we do not sell, and have not sold within the past 12
months personal information to businesses for commercial purposes. We
may share personal information with:
Authorized service providers that provide certain services on our behalf;
Correctional facilities to verify information and conduct investigations;
Government Authorities and Law Enforcement to respond to lawful requests;
Other third parties to support a merger, acquisition, divestiture or asset sale.
California Consumer Rights
Subject to certain exceptions, as a California resident, you may have the
following rights to your personal information:
Right to Access: Request access to your personal information that we have
collected, used or disclosed within the preceding 12 months; and
Right to Deletion: Request deletion of your personal information.
If you request deletion of your personal information, to the extent permitted
by applicable law, we may be required to retain some of your personal
information.
Exercising Your Rights
If you are a California resident and wish to exercise any of these rights, please
contact us by e-mail at support@kiwichat.com.
Authorized Agents
You have the right to designate an authorized agent to act on your behalf to
exercise your rights under the CCPA. In order to do so, we must verify your
identity, and your authorized agent must have written permission from you.
We reserve the right to deny a request from an agent that does not submit
proof that they are authorized to act on your behalf.
Non-Discrimination
You have the right to be free from unlawful discrimination for exercising your
rights under the CCPA. We will not discriminate against you by offering you
different pricing or services, or by providing you with a different level or
quality of products, or in connection with promotions and other offerings,
based upon you exercising your rights with respect to your personal
information.
Access Notice in Alternative Formats
California residents who need assistance accessing the notice in an
alternative format can contact us by e-mail at
support@kiwichat.com.
VISITING OUR WEBSITES FROM OUTSIDE THE UNITED STATES
This Privacy Policy is intended to cover collection of information from
residents of the United States. If you are using our services from outside the
United States, please be aware that your information may be transferred to,
stored, and processed in the United States where our servers are located and
our central database is operated. The data protection and other laws of the
United States and other countries might not be as comprehensive as those in
your country. By using our services, you understand that your information
may be transferred to our facilities and those third parties with whom we
share it as described in this Privacy Policy.
NO RIGHTS OF THIRD PARTIES
This Privacy Policy does not create rights enforceable by third parties or
require disclosure of any personal information relating to users of the
website.
CHANGES TO THIS PRIVACY POLICY
We will occasionally update this Privacy Policy to reflect changes in our
practices and services. When we post changes to this Privacy Policy, we will
revise the "Updated and Effective Date” at the top of this Privacy Policy. If we
make any material changes in the way we collect, use, and/or share your
personal information, we will notify you by posting the updated policy on our
website, with a link denoting that the policy has been updated. We
recommend that you check our website from time to time to inform yourself
of any changes in this Privacy Policy or any of our other policies. To see the
prior version of the Kiwi Privacy Policy you may send a written request to
support@kiwichat.com.
HOW TO CONTACT US
If you have any questions about this Privacy Policy or our
information-handling practices, or if you would like to request information
about our disclosure of personal information to third parties for their direct
marketing purposes, please contact us by e-mail at
support@kiwichat.com.
