Effective on: April 29, 2021
A. “Affiliate(s)” means any entity that controls, is under common control with, or is controlled by either party, where “control” means the ownership, direct or indirect, of a majority of an entity’s equity or some other interest entitling or otherwise allowing the owner to direct the affairs of such entity, specifically including without limitation, any and all subsidiaries and affiliates of which either party owns, directly or indirectly, twenty-five percent (25%) or more of the voting securities.
B. “Breath Brake®” is the software application developed by Kids Kicking Cancer for mobile devices and tablets that operates on the iOS and/or Android platform.
C. “Data” includes both Non-Personal Information and Personally Identifiable Information.
D. “Kids Kicking Cancer,” “we,” “us” and our means Kids Kicking Cancer.
E. “Non-Personal Information” is any information that is not Personally Identifiable Information (defined below). Non-Personal Information includes, without limitation, Personally Identifiable Information that has been anonymized.
F. “Personally Identifiable Information” or “PII” or “personal information” is non-public information we receive from your use of the Site that can be used, alone or in combination with other information in our possession, to identify a particular person/individual. It may include information such as name, address, telephone number and other personal information you provide us.
G. “Services” means the products and services provided through the Site.
H. “Site” refers to the Website, and other related websites, blogs, domains, mobile sites, online services and applications, such as Breath Brake®, maintained by Kids Kicking Cancer.
I. “You” and “your” mean the individual or entity visiting or using the Site, including your child who on his/her behalf you access or use the Site, including receive the Services
2. INFORMATION COLLECTED AND CONSENT
This following explains how we collect, use and share your personal data.
You do not have to provide any Personally Identifiable Information to browse the publicly available pages of the Website; however, in order to obtain or use the Services that are or may be provided through the Site or that we may otherwise offer online or offline (i.e., the Services) you may be required to register and/or provide Personally Identifiable Information.
Information You Provide Us: Through the registration process to use the Services, we collect your name (the name of both the parent and child), phone number, and email address. We may also collect additional information from you such as your birthdate, geolocation and responses to questions presented while using the Services. The children’s instance of Breath Brake® does collect the geolocation of the child end user; this information is collected, but not stored when the you add your location details, which is collected by default through Breath Brake® or when we ask for your location and you provide it. You can set the settings on your device so that geolocation is not collectred.
Activity Data: When you use the Services, you will submit information and content, which will be associated with your profile. We will generate data based upon your usage of the Services. We also collect technical data about how you interact with the Services. The data collection described in this paragraph is referred to as “Activity Data.”
We record the following data:
• Login information
• Email addresses
• Usage patterns such as clicks, scrolling and typing
• Technical specifications such as device identification, device type, browser, operating system, viewfinder size, script errors, ISP and IP address
• Navigation information, pages in Breath Brake® visited, referrers, URL parameters and session duration
• Answers to questions and other interactions with the Services
For Non-Personal Information, you acknowledge and consent to our using such information for any purpose, including, without limitation, to help us improve the Services and to enhance your and other users’ experience. We may also convert PII into Non-Personal Information by excluding information that is personally identifiable. You acknowledge that Non-Personal Information and PII that is converted into Non-Personal Information belongs to Kids Kicking Cancer and that Kids Kicking Cancer has the right to use such general information as it determines in its sole discretion.
Notwithstanding the foregoing, we will treat as PII any item that, either alone or together with other information, we could use to identify an individual. Except as described below, we will not share with third-parties any PII without your permission.
We may also collect your PII from sources that you have authorized to share with us or that you have authorized us to obtain information from. We will use your PII in those circumstances to provide the Services that your PII was shared with us to fulfill. If you believe we received your PII from a source without authority to share your PII with us, please contact us so that we can resolve your complaint.
Kids Kicking Cancer may use PII for the following purposes:
A. To improve customer service: Your information helps us to more effectively communicate with you, respond to inquiries, and to respond to your customer service requests and support needs.
B. To personalize user experience: We may use information in the aggregate to understand how our users as a group use the Services.
C. To improve the Services: We continually strive to improve the Services based on the information and feedback we receive from you.
E. To send periodic emails: The email address you provide for the Services will only be used to send you information and updates pertaining to the Services requested. It may also be used to respond to your inquiries, and/or other requests or questions.
G. Fulfillment of Obligations: Comply with contractual obligations, relevant industry standards and our policies.
H. Security: Mitigate fraud, enhance the security of Breath Brake® and manage institutional risk;
J. Compliance with applicable law: We may disclose your PII as we may in our sole discretion determine is necessary or reasonably required to comply with the law, applicable regulations, court orders or subpoenas, to enforce our Terms and Conditions, or to protect our rights, property or safety, or the rights, property or safety of others.
3. WEB BROWSER COOKIES
To help us optimize the Website or for marketing purposes, we may allow other authorized third parties to place or recognize unique cookies on your browser. Any information provided to third parties through cookies will be for enhancing your user experience by providing more relevant marketing. Third party services and tools we use, which may send cookies to users of the Site and may collect information from users, includes:
Pintrest/Pintrest Conversion Tracker: Pintrest/Pintrest Conversion Tracker, operated by Pintrest, collects anonymous data (browser information, cookie data, date/time, demographic data, hardware/software type, page views), pseudonymous (IP Address (EU PII), location based data, device ID (EU PII))
PII (name, phone number, email address, login, EU-IP address, EU-unique device ID ) Sensitive (financial information).
You can opt-out of receiving personalized ads from advertisers and ad networks that are members of the Network Advertising Initiative (“NAI”) or who follow the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising using their respective opt-out tools. The NAI’s opt-out tool can be found here http://www.networkadvertising.org/choices/ and the DAA’s opt out tool can be found here http://www.aboutads.info/choices/.
In addition, your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of mobile app information for online behavioral advertising (for example, Apple iOS’ Advertising ID and Google Android’s Advertising ID). Please note that opting out does not prevent the display of all advertisements to you.
We will use commercially reasonable methods to keep personal information securely in our files and systems.
5. DO NOT TRACK
Your browser may provide you with the option to send a “Do Not Track” signal to websites you visit. This signal is used to request that websites not send the requesting device cookies, but websites have no obligation to respond to such signal or to modify their operation. At the current time, the Website is not programmed to recognize Do Not Track signals, so the Website will not treat you differently if we receive such signals from your browser and we may not comply with Do Not Track settings on your browser.
7. LINKS TO OTHER SITES
8. AGE OF CONSENT
Kids Kicking Cancer takes special care to protect the privacy needs of children under the age of 13 (“Child End Users”) and we encourage parents to be an active participant in their child’s online activities. Kids Kicking Cancer abides by the Children’s Online Privacy Protection Act (COPPA) and other relevant laws. Kids Kicking Cancer only collects PII from Child End Users for the sole purpose of performing internal operations of the Services. If we discover that we have unknowingly collected additional personal information from a Child End User we will delete it. If you have knowledge that we have collected personal information from a Child End User, please contact us email@example.com, but before any information is disclosed, the parent/guardian will be required to provide verification of his/her identity and authority related to any request. We will only send the information to the parent’s/guardian’s email address in the registration file.
When collecting email addresses, we will not request the email address of any Child End User. Instead, we will require the parent’s/guardian’s email address. Please do not provide us with the email address of any Child End User.
If the jurisdiction that the child is located in has a different age requirement for online consent, we will comply with that age requirement. If there are competing age requirements in a jurisdiction, for example federal versus state law, we will comply with the older age requirement for obtaining consent of the parent/guardian and all children that are under the age for online consent will be deemed a Child End User in that jurisdiction.
Prior to allowing any Child End User access to Breath Brake® or any other Services, the parent/guardian will be required to contact Kids Kicking Cancer in order to verify his/her identity and authority to consent to the Child End User’s use of Breath Brake® or any other Services.
Upon verification of the identity and authority of the parent/guardian of a Child End User, the parent/guardian will have the right to:
• Permit the Child end User to use Breath Brake®
• Access the Child End User’s PII and to have the PII deleted
• Terminate the Child End User’s access to Breath Brake® and any other Services
9. CAN-SPAM COMPLIANCE NOTICE
Kids Kicking Cancer fully complies with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us.
10. DATA RETENTION
Kids Kicking Cancer will only retain PII for as long as is necessary to fulfill the purpose for which it was collected and will delete the information using reasonable measures to protect against its unauthorized access or use.
11. CALIFORNIA PRIVACY RIGHTS
Under Section 1798.83 of the California Civil Code, residents of California can obtain certain information from companies with whom they have an established business relationship. That information is about the Personally Identifiable Information those companies have shared with third parties for direct marketing purposes during the preceding calendar year. The law requires companies to inform consumers about the categories of Personally Identifiable Information shared with third parties, the names and addresses of those third parties, and examples of the services or products marketed by those third parties. To request a copy of the information disclosure provided by Kids Kicking Cancer under Section 1798.83 of the California Civil Code, please contact us via email to firstname.lastname@example.org.
12. YOUR NEVADA PRIVACY RIGHTS
Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. We do not sell your personal information to third parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your personal information should we change our practices in the future, you must send a request by email to email@example.com.
13. SALE OF PERSONAL INFORMATION
We do not sell your PII.
15. EUROPEAN UNION DISCLOSURE
Personal information voluntarily submitted to Kids Kicking Cancer online, via electronic communication, or otherwise, may be maintained or accessed in servers or files in the United States of America, which the European Union has not deemed to provide “adequate” privacy protection. If you do not consent to having your information processed and stored in the United States of America, please do not provide it to Kids Kicking Cancer.
Kids Kicking Cancer
Attn: Privacy Dept.
27600 Northwestern Highway
Southfield, MI 48034
Or call us at: