Kola Global Privacy Policy

 

LAST UPDATED: March 30, 2023

 

Welcome to Kola Global.  This privacy policy (“Policy”) is provided by Kola Global LLC (collectively referred to herein as “we,” “us,” “our,” or “Kola Global”). Kola Global is devoted to safeguarding privacy and ensuring the highest level of confidentiality of records and the information you entrust to us. This Policy describes the information we collect, how we use it, and the standards and procedures in place to safeguard your personal nonpublic information. By accessing or using our online and/or mobile services and website (“Services”), you are accepting the policies and practices described in this Policy. Each time you visit or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy. This Policy shall be read in conjunction with our terms of service (“Terms”) and all the relevant provisions of the Terms (including but not limited to limitation of liability, governing law and dispute resolution) shall mutatis mutandis apply to this Policy and be deemed to be incorporated herein by reference.  Any capitalized terms not defined herein shall have the meaning as set forth in the Terms. 

 

Please note that this Policy does not apply to your use of third-party Services or applications you may access through the Services. We encourage you to review the privacy policies of those third parties for more information regarding their privacy practices.

 

 

Information We May Collect

·Information You Provide to Us

oWe collect information you provide directly to us when using the Services. For example, we collect information when you register for our Services, complete a form, participate in any interactive features of the Services, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, phone number (“Personal Information”) and any other information you choose to provide. To the extent that you disclose to us any Personal Information of another individual, you represent that you have obtained such individual’s consent for the disclosure of such Personal Information, as well as the processing of the same in accordance with the terms of this Policy.  We will never sell, rent, or trade your Personal Information or use Personal Information other than as needed to provide the Services requested by you.  Kola Global discloses Personal Information only to those of its employees, contractors and affiliated organizations that (i) need to know the information in order to process it on yours and our behalf, and (ii) that have agreed in writing to non-disclosure restrictions at least as strong as those herein. 

 

oYou acknowledge and agree that communications, including phone calls or “chat” services, with Kola Global or our third-party agents may be monitored, recorded and retained by Kola Global. You consent to the monitoring and recording of all conversations between you and Kola Global and you release us from and against any and all claims, liabilities and losses that may result from any such monitored and/or recorded conversations. 

 

·Information We Collect Automatically When You Use the Services 

oUsage Data is collected automatically when using the Service.  “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).  Usage Data may include information such as your device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.  When you access the Services by or through a mobile device, Kola Global may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data.  We may also collect information that your browser sends whenever you visit our Services or when you access the Services by or through a mobile device.

 

oWe use Cookies and similar tracking technologies to track the activity on the Services and store certain information. “Cookies” are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.  Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services. The technologies Kola Global uses may include:

 

- Cookies or Browser Cookies.  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 Services. Unless you have adjusted your browser setting so that it will refuse Cookies, our Services may use Cookies.

 

- Flash Cookies. Certain features of our Services may use local stored objects (or flash Cookies) to collect and store information about your preferences or your activity on our Services. Flash Cookies are not managed by the same browser settings as those used for browser Cookies. For more information on how you can delete flash Cookies, please visit https://allaboutcookies.org/how-to-clear-cookies

 

- Web Beacons. Certain sections of our Service 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 Kola Global, 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).

 

- Cookies can be "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.  We use both Session and Persistent Cookies for the purposes set out below:

·Necessary / Essential Cookies

Type: Session Cookies

Administered by: Kola Global

Purpose: These Cookies are essential to provide you with services available through the website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user Accounts. Without these Cookies, the Services that you have asked for cannot be provided, and Kola Global only use these Cookies to provide you with those Services.

·Cookies Policy / Notice Acceptance Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

·Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

·Information We Collect From Other Sources

We may also obtain information from other sources and combine that with information we collect through the Services. For example, we may collect information about you from third parties who provide services on our behalf, such as maintaining and monitoring usage of the Services and processing payment transactions. We also may receive information about you from the third parties with whom you interact through the Services.

 

 

USE OF INFORMATION

We may use information about you for various purposes, including the following:

 

  • To provide, maintain, improve and deliver the products or Services you request and send you related information;
  • To verify your identity and, if applicable, authorization for you to use the Services;

·To bill and get payment;

  • To provide personalized recommendations and maintain general and personalized content;
  • To prevent or address service, security, technical issues at your request in connection with customer support matters;
  • To respond to your comments, questions, and requests and improve your user experience and the overall quality of our Services.
  • To send you technical notices and other administrative messages;
  • To personalize and improve the Services and provide content or features that match user profiles or interests;
  • To enforce our Terms; and
  • To carry out any other purpose for which the information was collected.

 

This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user of the Services. In other words, information about how you use the Services may be collected and combined with information about how others use the same Services, but no personally identifiable information will be included in the resulting data.

 

 

SHARING OF INFORMATION

We may share or transfer information about you as follows or as otherwise described in this Privacy Policy:

 

·Among other things, our Services provide information about homebuilders and investors. If you request contact, we may share your information with one or more of the professionals in our community to contact you.

·With other Users when you share personal information or otherwise interact in the public areas with other Users, such information may be viewed by all Users and may be publicly distributed.

·With affiliates, contractors and other service providers (for example, providers of cloud-based storage and processing services) who need access to such information to carry out work on our behalf.  These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we'll remain responsible for their handling of your information per our instructions.

·With our business partners to offer you certain products, services or promotions.

·If we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect the personal safety of Users or the public; (c) prevent fraud or abuse of Kola Global or our Users; (d) prevent or investigate possible wrongdoing in connection with the Services; or (e) protect Kola Global's property rights or from legal liability.

  • Under certain circumstances, Kola Global may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
  • In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.
  • With your consent or at your direction, including if we notify you through the Services that certain information you provide will be shared in a particular manner and you provide this information.

 

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.  This includes but is not limited to sharing information related to the research we conduct with various research and security organizations, including academic institutions or publications, as well as publishing our research online on our Services or through third party social media sites.

 

 

THIRD PARTY PAYMENT SERVICES

We do not directly process any payments and do not store Your debit/credit card information. As detailed further in the Terms, we use a third-party Payment Processor to bill You for our services. Secured socket layer technology is used for processing payment transactions with the Payment Processor.  Payment processing shall be subject to the terms and conditions and privacy policy of the Payment Processor. For these third party service providers, we recommend that You read their privacy policies in order to understand the manner in which Your Personal Information and Your credit/debit card details will be handled by these providers.

 

 

ANALYTICS SERVICES

We may allow others to provide analytics service in connection with the Services, such as Zoho Pagesense, and Google Analytics.  These entities may use Cookies, web beacons, and other technologies to collect information about your use of the Services, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. We and others may use this information to, among other things, analyze and track data, determine the popularity of certain content, personalize the user experience, and better understand your activity.   

·To learn more about Zoho Pagesense, please visit https://www.zoho.com/pagesense/web-analytics.html.

·To learn more about Google Analytics, please visit https://policies.google.com/privacy.

 

 

Links to Other Websites

The Services may contain links to other websites that are not operated by Kola Global. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit.  We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

 

 

SECURITY

We work hard to protect your information and take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from loss, unauthorized access, alteration, or disclosure regardless of how or where it is stored.  Our security practices include: encrypting many of our services using SSL; verification for account access; and frequent review of information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.  However, no internet or e-mail transmission is ever fully secure or error free.  In particular, e-mail sent to or from the Services may not be secure.  Therefore, you should take special care in deciding what information you send to us via e-mail. 

 

Privacy Policy Changes

Kola Global reserves the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt out of such differing uses. Your continued use of the Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to review this Policy regularly.

 

 

Children Under the Age of 13

We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to become our User. The Services is not directed and not intended to be used by children under the age of 13. If you're aware that we have collected personal information from a child under age 13 please let us know by contacting us and we will delete that information.

 

 

RETENTION

We will retain your Personal Information for the period of time that is necessary to fulfil the original purposes for which it has been collected. Please keep in mind that, in certain cases, a longer retention period may be required or permitted by law or to allow us to pursue our business interests, conduct audits, comply with our legal obligations, enforce our agreements or resolve any dispute. 

 

The criteria used to determine our retention periods include:

  • Time needed to provide you with our Services.
  • Whether your account with us is active.  You may contact us to make your account inactive at any time. 
  • Legal, contractual, or similar obligations to retain your data, such as mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of contract or litigation.

 

Please note that we are not responsible for storing any information that you provide to us or for any content or information that we provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Services.

 

 

Transfer of Personal Information; International Visitors

The Services are provided from the United States.  If you are located outside of the United States, any information you provide to us may be transferred out of your country and into the United States. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.  Personally identifiable information collected through the Services may be stored and processed in the United States or, if and as applicable for international users, any other country in which Kola Global or its affiliates, subsidiaries or service providers maintain facilities.  If your Personal Information is transferred to a country other than your home country, we will take measures to protect it with appropriate contract clauses or other applicable safeguards.

 

 If you are an international visitor, you acknowledge that by providing your Personal Information, you are: (a) permitting the transfer of your Personal Information to the United States which may not have the same data protection laws as the country in which you reside; and (b) permitting the use of your Personal Information in accordance with this Privacy Policy.

 

Subject to local law, you may also have certain rights regarding information that we have collected and that is related to you. For example, if you are located in the European Union with rights under the General Data Protection Regulation (“GDPR”), you have the right to withdraw previously provided consent for our processing of your “personal data” as such term is defined under the GDPR, by contacting us at system@kola.global. Such individuals also have the following rights:

 

  • Right to access – In accordance with Article 15 of the GDPR, this right allows individuals to obtain confirmation as to whether or not personal data concerning him or her is being processed and provides access to such personal data. It also allows individuals to request details of the processing of his or her personal data, including, without limitation, categories of recipients to whom the personal data has been or will be disclosed and the purposes of the processing.
  • Right to rectify – In accordance with Article 16 of the GDPR, this right allows individuals to rectify any inaccurate personal data about him or her.
  • Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances in accordance with Article 18 of the GDPR.
  • Right to be forgotten – This right is also known as the “right to erasure.” In accordance with Article 17 of the GDPR, it is an individual’s right to have personal data erased or to prevent processing in specific circumstances.
  • Right of data portability – In accordance with Article 20 of the GDPR, this right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information.
  • Right to object to processing – In accordance with Article 21 of the GDPR, this right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.
  • Right to withdraw your consent - You shall have the right to withdraw your consent at any time with regard to the processing of the User Information in accordance with Article 7 para. 3 GDPR.
  • Right to lodge a complaint - You may lodge a complaint with the supervisory authority in accordance with Article 77 para. 1 of the GDPR, if you feel that the processing of the data relating to you infringes the GDPR.
  • Right to effective judicial remedy - You shall have the right to an effective judicial remedy where You consider that Your rights under the GDPR have been infringed as a result of the processing of Your personal data and the same is in non-compliance with the GDPR.

 

Legal Bases for Processing: We rely on the following legal basis to process your personal data: (i) it may be necessary for us to use and disclose your personal data for the performance and fulfillment of the contract between us and to provide you with our Services; (ii) if you specifically consent to certain uses of your personal data, we may use your personal data in a manner consistent with that consent; and (iii) we will also process, transfer, disclose and preserve personal data when we have a good faith belief that doing so is necessary.

 

To exercise any of the above rights, or if you have any questions or comments about the Policy or our privacy practices, please contact us at system@kola.global.

 

 

OPTIONS

Your Information

We use reasonable processes to ensure compliance with this privacy policy and periodically verify that the policy is accurate. We encourage you to raise any concerns by contacting us at system@kola.global, and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information. Unless legal restrictions apply, you have the right to access the information we hold about you free of charge. You may update, correct or delete your information at any time by contacting us at system@kola.global. You can help us maintain the accuracy of your information by notifying us of any changes.  To avoid delays in obtaining your information, please provide sufficient detail to permit us to identify you and the specific information that you are requesting.  We will respond to your request within 30 days of receipt, unless we inform you that it will take longer, as permitted by law under certain circumstances.  Please note that there may be instances where access may be restricted as permitted or required by law. We will advise you of the reasons for restricting access subject to any legal or regulatory limitations. In addition, please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.  Please note that we are not responsible for storing any information that you provide to us or a third party or for any content or information that we or a third party provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Services.

 

 

Promotional Communications

By providing Personal Information to us, you expressly consent to receive messaging and information from us. You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at system@kola.global. If you opt out, we may still send you non-promotional communications, such as messages about your account or our ongoing business relations.

 

Please note that we do not respond to or honor 'do not track' (a/k/a DNT) signals or similar mechanisms transmitted by web browsers. If you have consented to have your Personal Information shared with any third party and you no longer wish to have your Personal Information shared with such parties, then you may opt-out of such disclosures by sending an email to system@kola.global. However, we are not responsible for removing your Personal Information from the lists of any third party who has previously been provided with your information in accordance with this privacy policy or your separate consent.

 

Please note that there might be a brief delay between when you submit your request to 'opt-out' and when it is processed and reflected in our systems; accordingly, you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience.

 

Non-Discrimination

 

We will not discriminate against you because you elect to exercise any of the rights related to your Personal Information, including but not limited to:

·Denying you products or services;

·Charging you different prices or rates, including through the use of discounts or other benefits or imposing penalties on you;

·Providing a different level or quality of services to you; or

·Suggesting that you will receive a different price or rate or a different level or quality of services.

 

 

How to Contact Us

If you have any questions about this Policy, or our information practices, please contact us at system@kola.global

 

LAST UPDATED: March 30, 2023

 

 

 


 

STATE Addendum to the Kola Global Privacy Policy

 

Addendum Date: March 30, 2023

 

This State Addendum to the Kola Global Privacy Policy (“Addendum”) supplements the terms of Kola Global’s Privacy Policy and applies to individuals who are residents of California, Colorado, Connecticut, Virginia, and Utah, as specified below.  It describes the rights you may have, depending on the state of your residence, with regard to your personal information, which apply when new or updated laws take effect in these states. This Addendum does not apply to any employees, owners, directors, officers, or contractors of Kola Global or its affiliates.

 

I.California Privacy Policy

The section relates solely to residents of the State of California, and for purposes of this section, "you" means residents of the State of California. This section will provide you with information about our information practices and your privacy rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA) and applicable regulations (collectively referred to as "CPRA"). Any terms defined in the CPRA have the same meaning when used in this section.

 

1)Personal Information we collect

Kola Global collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household ("CPRA Covered Personal Information" or "personal information"). CPRA Covered Personal Information does not include personal information that has been de-identified or aggregated, or that is publicly available information from government records.

 

In particular, we have collected the following categories of CPRA Covered Personal Information from consumers (as that term is defined in the CPRA) within the last twelve (12) months:

 

Category

Examples

Collected

A. Personal Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, Account name, Social Security number, driver's license number, passport number, or other similar identifiers.

Yes

B. Personal and financial information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Yes

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.

No

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Yes

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

No

F. Internet or other similar network activity.

Browsing history, search history, information on your interaction with a Services, application, or advertisement.

  Yes

G. Geolocation data.

Physical location or movements.

  No

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

  No

I. Professional or employment related information

Occupation, title, employer information, current or past job history or performance evaluations.

  No

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

  No

J. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  No

L. Sensitive Personal Information

Social security, driver's license, state identification or passport numbers; Account log-in, financial account, debit or credit card number in combination with any required security or access code, password or credentials allowing access to an Account; precise geolocation data; racial or ethnic origin, religious or philosophical beliefs or union membership, content of mail, email and text messages unless business is the intended recipient; genetic data; processing of biometric information for the purposes of uniquely identifying a consumer; personal information collected and analyzed concerning your health.

  Yes

 

2) Categories of sources from which we collect personal information

You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.

 

3) Our processing of your personal information

You have the right to know how we process and use your personal information. We make this information available to you in the USE OF INFORMATION section of our Privacy Policy.

 

4) Disclosure of Personal Information

You have the right to know if we share your personal information with any third parties and the categories of those third parties. We make this information available to you in the SHARING OF INFORMATION section of our Privacy Notice.

 

5) No Sales or Sharing of Personal Information

We do not sell personal information for monetary or other consideration, and we do not share your personal information for cross-context behavioral advertising (as defined in the CPRA). We have also not sold or shared the personal information of consumers under 16 years of age.

 

6)Use of Sensitive Personal Information

We do not use or disclose sensitive personal information for purposes other than those specified in section 7027, subsection (m) of the CPRA regulations and we do not collect or process sensitive personal information for purposes of inferring characteristics about you.

 

7) Your CPRA Consumer Rights

a)Where we are acting as a business (as opposed to a service provider as those terms are defined in the CPRA), you have the following rights:

·Right to Access.  You have the right to request that we disclose the categories of personal information we collected about you, the categories of sources for the personal information we collected about you, our business or commercial purpose for collecting your personal information, the categories of third parties with whom we share your personal information; and the specific pieces of personal information we collected about you.

·Right to data portability.  You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party.

·Right to delete.  You may have the right to request that we delete your personal information where we act as a business. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our service providers to:

oComplete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client;

oDetect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

oEnable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;

oComply with a legal obligation; or

oMake other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it.

·Right to correct.  We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you.

·Right to non-discrimination and no retaliation.  We will not discriminate or retaliate against you for exercising any of your rights under the CCPA, including we will not deny you goods or services, charge you different prices for goods or services, provide you a different level or quality of goods or services, or suggest that you will receive a different price for goods or services or a different level of quality of goods and services.

 

b)Exercising Your Rights

You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by emailing us at system@kola.global.

 

c)Verification Process

We are only required to fulfill verifiable requests. Only you, you as a parent or a legal guardian on behalf of a minor child, or your authorized agent may make a verifiable request related to personal information.  If you submit your request through an authorized agent, we may require you to provide your agent with written permission to do so and verify your identity. We may deny any request by an authorized agent that does not submit proof that the agent has been authorized by you to act on your behalf.

 

·For requests for access to categories of personal information, we will verify your request to a "reasonable degree of certainty." This may include matching at least two data points that you would need to provide with data points we maintain about you and that we have determined to be reliable for the purposes of

·For requests for specific pieces of personal information (portability request), we will verify your request to a "reasonably high degree of certainty." This may include matching at least three data points that you would need to provide with the data points we maintain about you and that we have determined to be reliable for the purposes of verification. We will also require you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

·For requests to delete, we will verify your request to a "reasonable degree" or a "reasonably high degree of certainty" depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion.

 

We will use the personal information you provide in a request only for purposes of verifying your identity or authority to make the request.

 

d) Response Timing and Format

We will respond to a verifiable request within forty-five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time.  If you have an Account with us, we will deliver our written response to that Account. If you do not have an Account with us, we will deliver our written response by mail or electronically, at your option.  (Note that the law prohibits us from disclosing at any time a consumer's Social Security number, driver's license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an Account password, security questions and answers, or any unique biometric data.)  If we cannot comply with a request or a portion of the request, we will include the reasons in our response. If we deny your request on the basis that it is impossible or would involve a disproportionate effort, we will explain our reasons, such as the data is not in a searchable or readily accessible format, is maintained for only legal or compliance purposes, or is not sold or used for any commercial purpose and our inability to disclose it, delete or correct it would not impact you in any material manner.

 

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

*Please note that in certain cases we may collect your personal information as a service provider (as opposed to a business, as those terms are defined in the CPRA) pursuant to a contract we have with a commercial client (the CPRA business) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the business. Should you direct your requests to exercise your rights to us, we may be required to share your request with the business, who is the party responsible under the CPRA for receiving, verifying and responding to your requests, or we may direct you to make your request directly to the business.

 

8) CPRA exemptions

This section (California Privacy Policy) does not apply to the following data which is exempt from the CPRA, including but not limited to: medical information governed by the California Confidentiality of Medical Information Act (CMIA); protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994 (DPPA).

 

9)Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to affiliates and other third parties for their direct marketing purposes. To make such a request, please send an email to system@kola.global.

 

 

II. Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights

 

The section relates solely to residents of the States of Colorado, Connecticut, Virginia and Utah, and provides you with information about your privacy rights under the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CDPA), the Virginia Consumer Data Protection Act (VCDPA) and the Utah Consumer Privacy Act (UCPA).

 

This section shall be effective for the residents of those States on the dates set forth below:

·Effective January 1, 2023, for residents of the State of Virginia

·Effective July 1, 2023, for residents of the States of Colorado and Connecticut

·Effective December 31, 2023, for residents of the State of Utah

 

For purposes of this section, "residents", "consumers" or "you" means individuals of those states who are acting in their individual or household context. This section does not apply to individuals acting in their commercial or employment context.

 

1) Personal Information we collect

You have a right to know the categories and types of personal information we collect about you. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.

 

2)Categories of sources from which we collect personal information

You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.

 

3)Our processing of your personal information

You have the right to know how we process and use your personal information. We make this information available to you in the USE OF INFORMATION section of our Privacy Policy.

 

*For residents of the State of Virginia, to the extent that we maintain de-identified data, we take reasonable measures to ensure that de-identified data cannot be associated with a natural person, we publicly commit to maintaining and using de-identified data without attempting to re-identify the data, and we contractually obligate any recipient of the data to comply with the same obligations.

 

4) Disclosure of Personal Information

You have the right to know if we share your personal information with any third parties. We make this information available to you in the SHARING OF INFORMATION section of our Privacy Policy.

 

5) No Sale of Data or Use of Data for Targeted Advertising

We do not sell your personal information and we do not use your data for targeted advertising (as that term is defined by your applicable state law). We may send you advertising in response to your request for information or feedback or based on your activities with our Services, including your search queries and visits to our Services. However, we will not send you targeted advertising based on your activities across non-affiliated websites, applications or platforms to predict your preferences or interests.

 

6) Your Rights

a)Where we act as the Controller of your personal information (as opposed to a Processor as those terms are defined in your applicable State law), you have the right to submit a request to us for the following:

·Right to access.  You have the right to know if we process your personal information and have access to such information and certain details of how we use it.

·Right to correct.  We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you.

·Right to delete.  You may have the right to request that we delete your personal information where we act as a controller. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our processors to:

oComplete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client;

oDetect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

oEnable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;

oComply with a legal obligation; or

oMake other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it.

·Right to restriction of processing (opt-out).  You have the right to opt-out of processing your personal information for purposes of profiling in furtherance of any automated processing of your data that produce legal or similarly significant effects concerning you. (This right only applies to residents of the States of Colorado, Connecticut and Virginia.)

·Right to data portability.  You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party.

·Right to non-discrimination and no retaliation.  We will not discriminate or retaliate against you for exercising any of your rights, including but not limited to, by denying you goods or services, charging you different prices for goods or services, or providing you a different level or quality of goods or services.

·Right to restrict the processing of sensitive information
Unless we are processing your sensitive information pursuant to any of the legal exemptions listed in Section 8 (Exemptions) below or as otherwise allowed by law:

·For residents of the States of Connecticut, Virginia and Colorado, we will not process your sensitive information without first obtaining your consent; and

·For residents of the State of Utah, we will not process your sensitive personal information without providing you with notice and an opportunity to opt out.

 

b)Exercising Your Rights

You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by emailing us at system@kola.global.

 

c)Authentication Process

We will only fulfill request when we can verify your identify and confirm that you are authority to make such a request.  Only you, you as the parent or legal guardian on behalf of your minor child, or your authorized agent, guardian or conservator may make a request related to personal information. If an authorized agent, legal guardian or conservator submits the request, we may require your written permission to do so and may require additional information to authenticate your identity. We may deny a request by an authorized agent, legal guardian or conservator who does not submit proof of authorization to act on your behalf.  We will only use the personal information you provide in a request to verify your identity or authority to make the request.

 

d)Response Timing and Format

We will respond to an authenticated request within forty- five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time.  If you have an Account with us, we will deliver our written response to that Account. If you do not have an Account with us, we will deliver our written response by mail or electronically, at your option.  If we cannot comply with a request or a portion of the request, we will include the reasons in our response.

 

*For residents of the States of Colorado, Connecticut and Utah, you may make one request within a twelve-month period at no charge.

*For residents of the State of Virginia, you may make a request up to two (2) times within a twelve (12) month period at no charge. We reserve the right to charge a fee to process or respond to any request that we consider excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

7)Right to Appeal

You have the right to appeal our decision within a reasonable period of time after receipt of our response. You may appeal our decision by sending us an email at system@kola.global. We will respond to your appeal within 60 days of receipt (45 days of receipt for residents of Colorado) and will inform you of any decisions and the reasons for such decisions.

 

* Please note that in certain cases we may collect your personal information as a processor (as opposed to a controller, as those terms are defined in your applicable state privacy law) pursuant to a contract we have with a commercial client (the controller) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the controller. Should you direct your requests to exercise your rights to us, we may be required to share your request with the controller, who is the party responsible under your applicable state privacy law for receiving, authenticating and responding to your requests.

 

8)Exemptions

This section (Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights) does not apply to certain entities and data that are exempt from your applicable state privacy law, including but not limited to the following: covered entities, business associates and protected health information governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); financial institutions and personal information subject to the Gramm-Leach-Bliley Act (GLBA); and personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Family Educational Rights and Privacy Act, the Farm Credit Act and the Driver's Privacy Protection Act of 1994 (DPPA).