Kapai Privacy Policy

Last Revised: December 05, 2018

Kapai Media Ltd. (“Kapai”) and its affiliates (collectively “Kapai”, “Company” “we” or “us”) respect the privacy of its users (“User(s)” or “you”), and are committed to protect the personal information that you share with us in connection with the use of kap.ai (The “Website” or “Site”), and/or the Service (as defined in the Terms of Use). This Privacy Policy (the “Privacy Policy”) is intended to describe our practices regarding the information we may collect from you when you use the Service, the ways in which we may use such information, and the options and rights available to you.

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use available at https://kap.ai/legal/terms (the “TOU”), which this Privacy Policy is incorporated thereto by reference.

1. Your Consent – please read carefully.

BY ENTERING, CONNECTING TO, ACCESSING AND/OR USING THE SITE OR THE KAPAI SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICE, AND MUST PROMPTLY AND PERMANENTLY REMOVE ANY PART THEREOF FROM YOUR SYSTEMS AND DEVICES, AND CEASE ANY AND ALL USE THEREOF.

PLEASE NOTE: YOU ARE NOT OBLIGATED BY LAW TO PROVIDE KAPAI WITH ANY PERSONAL INFORMATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE PROVIDING US WITH PERSONAL INFORMATION AT YOUR OWN FREE WILL, FOR THE PURPOSES DESCRIBED IN SECTION 4 BELOW, AND THAT WE MAY RETAIN SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND ANY APPLICABLE LAWS AND REGULATIONS.

2. What information may Kapai collect from its Users?
We may collect two types of data and information from our Users:

a. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from which we have collected the Non-Personal Information. Non-Personal Information is any unconcealed information which is available to us while Users are using the Service. Non-personal Information which is being gathered consists of technical information and behavioral information.

b. The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature. We collect certain Personal Information upon your using, accessing and/or registering to use the Services or when contacting us online. We also collect Personal Information which you chose to provide to us consciously and voluntarily through the use of our Services. Personal Information that we collect includes Users’: name, email address, password, IP address and profile picture.

For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.

Personal and Non-Personal Information which is being gathered in connection with your use of the Service may consist of the following:

  • Technical Information . The User may automatically provide us with certain technical Non-Personal Information and aggregated usage information, such as the User's operating system type and version, browser information, 'click-stream', session recordings, interactions and activities on the Service, the period of time the User used the Service and related time stamps, crash and error logs, etc.
  • Information from Social Networks and Other Service Providers . When contacting our Service via Facebook, Google or other social networks or platforms (as applicable), we may have access to your public profile, which may include your name and profile picture.

You may choose to share with us more information from your social network account or other service providers. Through this option, you may choose to have personal information and other content about you available from social networks, transmitted and shared through the Service with your contacts.

When you connect to the social network account through the Service for the first time or otherwise make the Service interact with your social network account, you will be asked to permit the social network to share your personal information stored on such social network with the Service. We collect your information from your social network account only in accordance with the privacy settings you have set up under your social network accounts.

Accordingly, we only collect such information which you have allowed the social network(s) to share with third parties (such as your name, profile picture, email address or other information you make publicly available). You understand that the Service may access, make available and store (if applicable and as permitted by the third party social network and authorized by you) such information so that it is available on and through your account.

We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance of the TOU and this Privacy Policy.
3. How does Kapai collect information on its users?

There are two main methods we use:

(i) Use of the Services . We may collect Non-Personal and Personal Information when you register with, access or use the Service. In other words, we are aware of your usage of the Service and may gather, collect and record the information relating to such usage. We also collect Non-Personal and Personal Information derived from information we receive from third party services and providers we work with.

(ii) Voluntarily Provided . We may also collect Personal Information which you voluntarily provide to us when you use the Service, including any Personal Information you might voluntarily publish in free text fields or discussion forums open to the community on our Site. We may also collect information provided via your social network account(s) in the event that you voluntarily choose to share it with us (like Facebook or Google) and may also collect Non-Personal Information through the processing, analysis and anonymization of Personal Information provided by you.

4. What is the legal basis for processing of my information?

We collect, process and use your information for the purposes described in this Privacy Policy, based at least on one of the following legal grounds:

  • With your explicit and informed consent: We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time. For example, we ask for your consent to provide you with personalized content through the use of cookies.
  • When performing our services and providing them to you under the TOU: We collect and process your Personal Information in order to provide you with the Service, following your acceptance of these ; to maintain and improve our Service; to develop new services and features for our Users; and to personalize the Service in order to ensure a better user experience.
  • To ensure our legitimate interests: We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. This means that we process your information for things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with our services, protecting against harm to the rights, property or safety of our properties, our Users, or the public as required or permitted by law; enforcing legal claims, including investigation of potential violations of this Privacy Policy; in order to comply and/or fulfil our obligation under applicable laws, regulation, guidelines, industry standards and contractual requirements, legal process, subpoena or governmental request, as well as our Terms of Use.
5. What are the purposes of the collection of information?

We may use information that we collect about you for the following purposes:

  • To provide, operate and improve our Service and manage our business;

· To send you updates, notices, notifications, announcements, and additional information related to the Service;

  • To be able to manage your account and provide you with customer support;

· To create cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal, in which we and/or our business partners might make use of in order to operate and improve our Website and provide related services;

  • To perform market research.

· To perform functions or services as otherwise described to you at the time of collection ;

· To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities;

· To comply with any applicable rule or regulation and/or respond to or defend against legal proceedings brought against us or our affiliates.

6. How does Kapai share information with third parties?
  • The Kapai Community : Through your use of the Service you may choose to share various data and information, including your name, profile photo or possibly other Personal Information, with other entrepreneurs in the broader KAPAI community at large, as provided in the TOU. Sharing your information and experiences with other Users is a way to add value to the community experience and makes the Service beneficial for everyone involved, and it will always be done with your explicit consent.
  • Third Party Services : We are partnering with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting, database and server co-location services (e.g., Amazon (AWS)), business or data analytics services (e.g. Google Analytics, Mixpanel), e-mail and text message distribution and monitoring services (e.g MailGun), session replay records for analytic and quality assurance purposes such as crashes, functionality and usability (e.g. Inspectlet) and our business, legal and financial advisors (collectively, "Third Party Service Providers").

· Such Third Party Service Providers may receive or otherwise have access to your Personal Information, depending on each of their particular roles and purposes in facilitating and enhancing the Service, and may only use your Personal Information for such purposes. Such disclosure or access is strictly subject to the recipient's or user's undertaking of confidentiality obligations, and the prevention of any independent right to use this data except as required to help us provide the Service.

  • Law enforcement, legal proceedings, and as authorized by law : We may disclose or otherwise allow access to Personal Information pursuant to a legal requirement or request, such as a subpoena, search warrant or court order, or in compliance with applicable laws and regulations. Such disclosure or access may occur with or without notice to you, if we have a good faith belief that we are legally required to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
  • Protecting Rights and Safety : We may share your Personal Information with law enforcement or emergency services, with or without notice to you, in cases of emergency or if we believe in good faith that disclosure will help protect the rights, property or personal safety of our Company, any of our Users, or any members of the general public.
  • Our Staff and Affiliated Companies : We may share Personal Information internally at KAPAI and within our family of companies, for the purposes described in this Privacy Policy. Should we undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Information then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our Website or Service.

For the removal of doubt, we may share your Personal Information in additional ways, pursuant to your explicit approval, or if we are legally obligated to do so. Additionally, we may transfer, share or otherwise use non-personal (including anonymized, statistical or aggregated) information in our sole discretion and without the need for further approval.

7. Where does Kapai store User’s Personal Information?

Information regarding the Users will be maintained, processed and stored by us and our authorized affiliates and service providers in secured cloud storage, provided by our Third Party Service Providers.

While the data protection laws in the a particular jurisdiction may be different than the laws of your residence or location, please know that we, our affiliates and our service providers that store or process your Personal Information on our behalf are each committed to keeping it protected and secured, pursuant to this Privacy Policy and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.

You hereby accept the place of storage and the transfer of information as described above.

8. Does Kapai use cookies and other tracking technologies ?

We may use certain monitoring and tracking technologies (such as “cookies” or “pixel tags”) to understand how Users use our Service, including ones offered by Third Party Service Providers. These technologies are used in order to maintain, provide and improve our Website and/or Service on an ongoing basis, and in order to provide a better experience to our Users. For example, these technologies enable us to: (i) keep track of and “remember” our Users’ preferences and authenticated sessions, (ii) secure our Website by detecting abnormal behaviors, (iii) identify technical issues and improve the overall performance of our Website, (iv) and create and monitor analytics.

Learn more about your choices and how to opt-out of tracking technologies : Cookie policy

9. Direct marketing.

You hereby agree that we may use your contact details provided during registration or otherwise made available to us, for the purpose of informing you regarding our products and services which may interest you, and to send to you other marketing material. You may withdraw your consent via sending us written notice by email to the following address: support@kap.ai or by pressing the “Unsubscribe” button in the email.

Please note that we may also contact you with important information regarding our Website. For example, we may notify you (through any of the means available to us) of changes or updates to our Website, administrative issues, service and maintenance, etc. You will not be able to opt-out of receiving such service messages.

10. Minors and third party’s information provided by you.

To use the Service, you must be over the age of eighteen (18). Kapai does not knowingly collect Personal Information from minors under the age of eighteen (18) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Service. In the event that it comes to our attention that a person under the age of eighteen (18) is using the Service, we may prohibit and block such User from using the Service and will make all efforts to promptly delete any Personal Information with respect to such User.

If you are submitting to the Service any personal information pertaining to any minor child, you hereby represent and warrant that you have received all the necessary legal consents or approvals or that you are the parent or legal guardian and have the actual authority and legal right to upload, submit, disclose or otherwise share the Non-Personal Information and/or Personal Information and/or any other form of sensitive information, on the minor’s behalf.

If you are submitting to the Service any personal information pertaining to any third party, you hereby represent and warrant and have received all the necessary legal consents or approvals and have the actual authority and legal right to upload, submit, disclose or otherwise share the Non-Personal Information and/or Personal Information and/or any other form of sensitive information, on the third party’s behalf.

11. Security.

We take great care in implementing and maintaining the security of the Service and our Users’ Personal Information. We employ industry standard procedures and policies to ensure the safety of our Users’ Personal Information, reduce the risks stemming from loss of information and prevent unauthorized use of any such information. However, we do not and cannot guarantee that unauthorized access will never occur and reiterate that no measure can provide absolute information security.

12. What is Kapai’s data retention policy?

We retain the Personal and Non-Personal Information we collect only for as long as your registered user account exists in our system and as needed in order to provide you with our services, to ensure our legitimate interests and to comply with applicable laws and regulations.

If you withdraw your consent to us processing your Personal Information, we will delete your Personal Information from our systems (except to the extent such data in whole or in part is required to comply with any applicable rule or regulation and/or to respond to or defend against legal proceeding bought against us or our affiliates).

13. How can I update, obtain a copy of, or delete my Personal Information?

You are always able access, revise or delete the Personal Information that appears on your Kapai user profile page. Just log in to the Website, visit your user profile and make the desired changes.

If the law applicable to you grants you such rights, you may ask to access, correct, or delete your Personal Information that is stored in our systems. You may also ask for our confirmation as to whether or not we process your Personal Information.

Subject to the limitations in law, you may request that we update, correct, or delete inaccurate or outdated information. You may also request that we suspend the use of any Personal Information the accuracy of which you contest while we verify the status of that data.

Subject the limitations in law, you may also be entitled to obtain the Personal Information you directly provided us (excluding data we obtained from other sources) in a structured, commonly used, and machine-readable format and may have the right to transmit such data to another party.

If you wish to exercise any of these rights,contact us with an explicit request at: support@kap.ai. When handling these requests, we may ask for additional information to confirm your identity and your request. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or to respond to or defend against legal proceedings brought against us or our affiliates.

To find out whether these rights apply to you and for any other privacy-related matters, you can contact your local data protection authority if you have concerns regarding your rights under local law.

14. How will I know if the terms of the Privacy Policy have changed?

The terms of this Privacy Policy will govern the use of the Service and any information collected therein. Kapai reserves the right to change this Privacy Policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this Privacy Policy on the homepage of the Website and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided to us. Such substantial changes will take effect seven (7) days after such notice was provided on our Website or sent by email. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Website after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

15. General Information.

This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of Israel, without respect to its criminal law principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.

This Privacy Policy was written in English and may be translated into other languages for your convenience. If a translated (non-English) version of this Privacy Policy conflicts in any way with the English version, the provisions of the English version shall prevail.

16. Have any Questions ?

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at: support@kap.ai and we will make an effort to reply within a reasonable timeframe.