WEBSITE PRIVACY POLICY

Last updated: September 14, 2023

Welcome to the privacy policy of KLAIM, INC. We value your privacy and are committed to protecting your personal data. This Privacy Policy will provide you a) details on how we handle (ie. collect, use, and disclose) your personal data when you access our website (regardless of the location from which you access our website) and b) inform you about your rights and the legal protections in place to ensure your privacy.

We may use your personal data to provide and improve this website. By using this website, you agree to the collection and use of information in accordance with this Privacy Policy.

 

1.              DEFINITIONS

For purposes of this Privacy Policy, capitalized words have meanings defined as follows:

  • Account means a unique account created by you to access certain portions of the website.
  • Comply with a Legal Obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
  • Country refers to: Delaware, United States
  • Legitimate Interest means the interest of our business in conducting and managing our operations to enable us to provide you with the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our Legitimate Interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). If you would like further information on how we assess our Legitimate Interests against any potential impact on you in respect of specific activities, please contact us.
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

 

2.              IMPORTANT INFORMATION AND OUR IDENTITY

Purpose of this Privacy Policy 

This Privacy Policy aims to give you information on how the Company collects and processes your personal data when you use this website, including any data you may provide through this website.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy that we may provide on specific occasions when we collect or process your personal data or information. This is to ensure that we fully provide you with the necessary information for you to have a complete understanding of how and why we are collecting or processing your data. This Privacy Policy complements other notices and privacy policies and is not intended to override them.

Controller

The Company is the controller and is responsible for your personal data. 

If you have any inquiries regarding this Privacy Policy, including any requests to exercise your legal rights, please be free to contact us using the contact information set out below. 

Full name of legal entity:                KLAIM, INC.

Email address:                                   privacy@klaim.com

Postal address:                                  1460 Broadway, New York, NY 10036

Phone number:                                 +1 833 410-0950

 

3.              Collecting Your Personal Data

While using the website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personal data, or personal information, refers to any information that can directly or indirectly identify an individual. It excludes data where the identity has been removed such as anonymous data. Currently, personally identifiable We may collect, use, store and transfer various types of personal data about you which we have categorized as follows:

(a)           Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender;

(b)           Contact Data includes billing address, delivery address, email address and telephone numbers;

(c)           Financial Data includes bank account and payment card details;

(d)           Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us;

(e)           Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website;

(f)            Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses;

(g)           Usage Data includes information about how you use our website, products and services;

(h)           Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as anonymized statistical or demographic information.  Aggregated Data could be derived from your personal data but is not considered personal data under the law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to determine the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data in a manner that can directly or indirectly identify you, we treat the combined data as personal data and we shall handle it in accordance with this Privacy Policy.

In a situation where we are required by law, or have a contractual obligation to collect personal data from you, and you fail to provide the requested data, we may be unable to fulfill the contract we have or are trying to enter into with you. For example, without the necessary information from you, we may have to cancel a service you have with us. If such a situation arises, we will notify you accordingly.

4.            How is Your Data Collected

Direct interactions

You may provide us with your personal data by filling out forms or corresponding with us via post, phone, email or other means of communication.

Tracking Technologies and Cookies

We may use Cookies and similar tracking technologies to track the activity on our website and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our website. The technologies we use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on your device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our website. Unless you have adjusted Your browser setting so that it will refuse cookies, our website may use cookies.
  • Web Beacons. Certain sections of our website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Other Sources of Data

We may receive: a) personal data about you from third parties or publicly available sources; b) technical data from analytics providers, advertising networks, and search information providers; c) contact, financial and transaction data from providers of technical, payment, and delivery services; d) identity and contact information from data, brokers, aggregators, or publicly available sources.

4.            Use of Your Personal Data

We will only use your personal data when permitted by law. The most common circumstances under which we use your personal data are as follows:

(a)          Contractual Necessity: We use your personal data when it is necessary to fulfill the contract we are about to enter into or have entered into with you;

(b)          Legitimate Interests: We may use your personal data when it is necessary for our Legitimate Interests or the legitimate interests of a third party, provided that your interests and fundamental rights do not override those interests; or

(c)          Legal Obligation: We may use your personal data to comply with a legal obligation.

In general, we do not rely on your consent as a legal basis for processing your personal data. However, we will seek your consent before sending you direct marketing communications from third parties via email or text message. You have the right to withdraw consent for marketing purposes at any time by contacting us.

Generally, the Company may use Personal Data 1) to provide and maintain our service, 2) to manage your account, 3) to contact you, 4) to provide you with news, special offers, and general information about our services, 5) to manage your requests, or 6) for other similar purposes. In the table below, we have provided a description of how we intend to use your personal data along with the legal bases on which we rely for each purpose. We have also indicated our Legitimate Interests where applicable.

Please note that we may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. If you require further details regarding the specific legal ground we rely on for processing your personal data when multiple grounds are mentioned in the table below, please reach out to us.

Purpose/Activity

Type of data

Lawful basis for processing including basis of Legitimate Interest

To register you as a new customer.

(a)          Identity;

(b)          Contact;

(a)         Performance of a contract with you;

To process and deliver your order including:

(a)         Manage payments, fees and charges;

(b)         Collect and recover money owed to us.

(a)          Identity;

(b)          Contact;

(c)          Financial;

(d)          Transaction;

(e)          Marketing and Communications.

(a)         Performance of a contract with you;

(b)         Necessary for our Legitimate Interests (to recover debts due to us).

 

To manage our relationship with you which will include:

(a)         Notifying you about changes to our terms or privacy policy;

(b)          Asking you to leave a review or take a survey.

(a)          Identity;

(b)          Contact;

(c)          Profile;

(d)          Marketing and Communications.

(a)         Performance of a contract with you;

(b)         Necessary to comply with a legal obligation;

To enable you to participate in a prize draw, competition or complete a survey.

(a)          Identity;

(b)          Contact;

(c)          Profile;

(d)          Usage;

(e)          Marketing and Communications.

(a)          Performance of a contract with you;

(b)          Necessary for our Legitimate Interests (to study how customers use our products/services, to develop them and grow our business).

To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data).

(a)          Identity;

(b)          Contact;

(c)          Technical.

(a)          Necessary for our Legitimate Interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise);

(b)          Necessary to comply with a legal obligation.

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.

(a)          Identity;

(b)          Contact;

(c)          Profile;

(d)          Usage;

(e)          Marketing and Communications;

(f)           Technical.

Necessary for our Legitimate Interests (to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy).

To use data analytics to improve our website, products/services, marketing, customer relationships, and experiences.

(a)          Technical;

(b)          Usage.

Necessary for our Legitimate Interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business, and to inform our marketing strategy).

To make suggestions and recommendations to you about goods or services that may be of interest to you.

(a)          Identity;

(b)          Contact;

(c)          Technical;

(d)          Usage;

(e)          Profile;

(f)           Marketing and Communications.

Necessary for our Legitimate Interests (to develop our products/services and grow our business).

 

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

In order to provide you with relevant products, services, and offers, we may analyze your Identity, Contact, Technical, Usage, and Profile Data to understand your preferences and interests. This is how we determine which products, services, and offers are likely to be of interest to you (referred to as marketing). You will receive marketing communications from us if you have requested information from us or purchased from us and you have not opted out of receiving that marketing.

Third-party marketing

We will obtain your explicit opt-in consent before sharing your personal data with any third party for marketing purposes.

Opting out

You may have the option that we or third parties cease sending you marketing messages at any time by contacting us or the third party directly.

Cookies

Our website may use either or both "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser. Cookies are used on the website for the following purposes:

  • To provide you with services available through the website and to enable you to use some of its features.
  • To authenticate users and prevent fraudulent use of user accounts.
  • To identify if users have accepted the use of cookies on the website.
  • To remember choices you make when you use the website, such as remembering your login details or language preference.

Change of purpose

We will only use your personal data for the purposes for which it was initially collected, unless we reasonably consider that we need to use it for another purpose that is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where it is required or permitted by law.

 

5.            Storing and Handling of Your Personal Data

 

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for an extended period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the quantity, nature and sensitivity of the personal data, the potential risk of harm associated with unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and any applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can request the deletion of your data. Please refer to the section on Your Legal Rights for more information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this anonymized information indefinitely without further notice to you.

Whilst we continue to process your personal data we ensure that it is treated in accordance with this Privacy Policy. Otherwise, we securely erase your information once it is no longer needed.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this 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 than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that our data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Deletion of Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

6. Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company 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).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

 

7. Data Security

We have implemented appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are bound by confidentiality obligations.

However, it is important to note that no transmission of data over the internet is guaranteed to be completely secure. It may be possible for unauthorised third parties to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal data, we cannot ensure or warrant the security of any personal data you transmit to us. Any such transmission is done at your own risk. If you believe that the security of your interaction with us has been compromised, please contact us.

We have established procedures to deal with any suspected personal data breaches and where legally required, we will notify you and the applicable regulatory authority of such breaches.

 

8. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. The various rights are not absolute and each is subject to certain exceptions or qualifications. We will grant your request only to the extent that it follows from our assessment of your request that we are allowed and required to do so under data protection laws. Nothing in this privacy policy is intended to provide you with rights beyond or in addition to your rights as a data subject under data protection laws. You have the right to:

(a)              request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it;

(b)              request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;

(c)              request erasure of your personal data. This enables you to request the deletion or removal of your personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Please note that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;

(d)              object to processing of your personal data where we are relying on a Legitimate Interest (or those of a third party) and there is something about your particular situation that leads you to object to the processing as it impacts your fundamental rights and freedoms. You also have the right to object when we process your personal data for direct marketing purposes. In some cases, we may demonstrate compelling legitimate grounds to process your information which override your rights and freedoms;

(e)              request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

(i)               where you want us to establish the data's accuracy;

(ii)               where our use of the data is unlawful but you do not want us to erase it;

(iii)             where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

(iv)            you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;

(f)               request the transfer of your personal data to yourself or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you; and

(g)              withdraw consent at any time when we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to expedite our response.

 

9.             Other Terms and Conditions

Children's Privacy

Please note that this website is not intended for children and we do not knowingly collect data relating to children.

Links to Other Websites

On this website, you may encounter links to third party websites, plug-ins and applications. Clicking on those links or enabling such connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we recommend that you carefully read the privacy policy of every website you visit.

Changes to this Privacy Policy

We keep our privacy policy under regular review. This version was last reviewed on the date indicated above.

It is important that the personal data we hold about you is accurate and up-to-date. Therefore, please inform us promptly if your personal data changes during your relationship with us.