Kinetyx privacy policy
Overview
This privacy policy (“Privacy Policy”) explains how Kinetyx, Inc. (“Kinetyx”, “we, “us”, “our”) collects, uses and maintains your information on websites, in mobile applications, and in connection with our services (collectively, the “Services”). This Privacy Policy applies to www.kinetyx.tech and other sites on which this Privacy Policy is posted as well as mobile applications that link to this Privacy Policy (the “Site” or “Sites”).
We are committed to protecting your personal information and your right to privacy.
Please note that the Sites may contain links to other entities’ websites that are not controlled or operated by Kinetyx. This Privacy Policy does not apply to such third-party websites, and Kinetyx is not responsible for the content of such third-party websites or the privacy practices of such third parties. Please request and review the privacy policies of any third parties upon disclosing your information such parties or visiting such third-party websites.
Kinetyx Sites include the mobile application (the “App”) as well as the website which contains general information for the public about Kinetyx (the “Website”).
The App and the Website are used for different purposes, and personal information may be collected and used differently. Please read the general descriptions of how we collect and use your information as well as the section of the Privacy Policy that describes the specific technology you will be using.
The App collects, uses and discloses data differently than the Website. Please review the App’s Data Protection Notice, which supplements this Privacy Policy.
Please also read our Terms of Service which sets out the terms governing the Services.
Understanding the Kinetyx technology
The Kinetyx system uses a custom insole (the “Device”) with special sensors (a “sensory insole”), customized to fit the Customer’s foot, that senses pressure, temperature and collects data about the mobility and health of a Customer’s feet (“Customer Data”) and wirelessly sends the encrypted Customer Data to the App.
Collection of your personal information
The Sites may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular customer, household, or device (“Personal Information”). Personal Information does not include any de-identified, anonymized or aggregated consumer information. We may collect information without consent where that information qualifies as publicly available information under applicable privacy laws, or as otherwise permitted or required by applicable law.
Some areas of the Sites can be accessed without submitting any Personal Information. Some areas of the Sites require an account to access.
We collect Personal Information when:
You complete the online forms to create an account
You contact us using online forms or email, or other means of communication
You request information or assistance through the Sites
You transmit Customer Data through the App
We may also obtain Personal Information indirectly from you from observing your actions on the Sites.
The Personal Information that you provide and Kinetyx collects through these areas of the Sites includes:
your name;
username and password;
e-mail address;
address;
telephone number;
gender;
weight;
date of birth and/or age; and
any other Personal Information that you include in a user profile or in other submissions to us.
We automatically collect information such as:
The serial number of your Device (the sensory insole);
The date and time Customer Data is collected;
The date and time Customer Data is sent to the Kinetyx data repository;
The IP address of the computer used to send the Customer Data to the Kinetyx data repository;
The type of computer, smart phone, or other device used to send Customer Data to the Kinetyx data repository;
Technical information about the computer, smart phone or other device used to send Customer Data to the Kinetyx data repository, such as the operating system, browser, and internet service providers it uses;
Profile, activity and use information is collected about you when you choose to upload a picture, activity (including date, time and geo-location information as well as your speed and pace and perceived exertion) or post, join a challenge, add your equipment usage, view others’ activities, or otherwise use the Services;
Data on advertisements or links on which you click, and the websites that you visit before or after you visit the Sites;
Website analytic data, such as the number of people who have visited the Sites, what times they visited, which Site pages they looked at, how long they spent visiting the Sites, and similar information.
This information is not considered personally identifiable unless it is combined with contact information or account information, or other information that is unique to you. We only combine automatically collected data with personally identifiable data in the following situations:
In order to provide services you have requested;
In order to complete a task we have agreed to perform for you;
In order to operate our business, including to troubleshoot problems with the App or the Sites, or exercise our legal rights;
It is necessary to comply with our legal obligations; or
We have already told you that we are going to combine the automatically collected data with identifying data. One of the places that we will tell you about combining automatically collected data with identifying data is in the Privacy Policy. We might also tell you when you fill out a form, or when you order goods or services from us.
Kinetyx may maintain this type of data directly, or may use service providers that act on behalf of Kinetyx.
Use of your personal information
We may use the Personal Information you provide to us, separately or in combination with pre-existing information, for the following purposes:
To provide the Kinetyx technology, the Services, and functionalities, and to notify you of any changes;
To provide any requested information, products or services;
To respond to any request we may receive from you, such as requests for Kinetyx technology or account support;
To continue to develop, test and improve the Kinetyx Sites, including to offer new functionality and features;
To better understand how you interact with the Kinetyx Sites, including their functionality and features, as well as to ensure that content is presented in the most effective manner;
To support, maintain and troubleshoot, or fix any issues with the Kinetyx Sites, including as part of our efforts to keep the Kinetyx Sites effective safe and secure;
To conduct data and statistical analysis, testing, research, or as part of our efforts to keep the Kinetyx Sites safe and secure;
To allow you to participate in interactive features of the Kinetyx Sites, when you choose to do so;
To invite you to participate in surveys, opinion groups or promotional and marketing activities related to your operation and use of the Kinetyx Sites, your Kinetyx Site account or our products and services, including in conjunction with selected third parties;
To customize your experience or homepage on the Sites;
To enforce our Terms of Service or this Privacy Policy;
To contact you with more information about Kinetyx and its products;
To make suggestions and recommendations about products or services that may interest you,
As necessary if we need to issue a safety notice or corrective action related to the Sites;
To conduct data and statistical analysis, testing, research, as part of our efforts to keep the Sites safe and secure;
To improve the performance of the Kinetyx technology, or to develop new Kinetyx technology or services;
To conduct our business operations, to protect our rights, or as otherwise permitted or required by applicable law.
Kinetyx only collects your Personal Information through the Site(s) when you or your agent choose to provide it.
You are not required to provide Personal Information to Kinetyx; however, if you do not provide Personal Information, Kinetyx may not be able to provide certain Services to you.
We may also receive your Personal Information through other channels.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Email and other opt-outs
If, at any time, you prefer not to receive further email communications from Kinetyx (except in connection with information, products or Services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Kinetyx. If, at any time, you prefer not to receive any other form of communication from Kinetyx, you will have the ability to unsubscribe from such communications by contacting us at info@kinetyx.tech.
Disclosure of your personal information
We may disclose your Personal Information to third parties that are related to us (subsidiaries and affiliates), and to third parties that we have entered into agreements with (service providers).
We disclose Personal Information to third parties in order to:
Craft the customized sensory insoles, and provide any necessary repairs or corrections;
Provide support services, including maintenance of the Sites and operation of Kinetyx’s data repository;
Research and evaluate how the Kinetyx Sites and technology are used;
Evaluating the performance of the Kinetyx Sites and Kinetyx technology;
Testing and validating the Kinetyx Sites and Kinetyx technology;
Design and deliver promotional materials and surveys;
Conduct marketing and business analytics activities;
Answer customer questions about our Services;
Process credit card payments and perform billing services;
Provide other specialized services, as disclosed to you at the time you provide the information;
Provide information to a prospective seller or buyer in the event of a sale or purchase of any Kinetyx business or asset so that the buyer can continue to provide you with information and services; and
Assist with the development and delivery of existing and new services and products.
We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed Personal Information for any purpose except performing the contract.
We do not sell Personal Information.
Mergers and other major transactions
In the event that Kinetyx is involved in a transaction such as a merger, stock purchase or sale, or sale of substantially all of Kinetyx assets, your Personal Information may be transferred to the other party as part of such transaction and in accordance with applicable law.
Legal and regulatory requirements; consent
Kinetyx may disclose Personal Information as necessary to meet legal, regulatory, industry self-regulatory, insurance, audit, and security requirements, and as otherwise permitted with your consent or as permitted or required by applicable law.
To protect and defend safety or other rights
In addition, Kinetyx reserves the right to disclose your Personal Information based on the good faith belief that such action is necessary or appropriate to: (a) protect and defend the rights or property of Kinetyx; or (b) act in urgent circumstances to protect the safety or security of the public or of users of Kinetyx products and/or the Site.
Storage and retention of your personal information
Location
We store and process Personal Information in Canada and the USA.
Your Personal Information will be subject to applicable foreign laws while it is being stored or processed in such country, which may permit government and national security authorities to access information in certain circumstances. Please contact us at info@Kinetyx.tech for more information about Kinetyx's policies with respect to these practices and to answer any questions you may have about how these practices may impact you.
Kinetyx requires that such service providers maintain privacy protections that are equivalent or substantially similar to those outlined in this Privacy Policy
Duration
When you join the Kinetyx community, your profile and your activities are set to be viewable by everyone by default. Your name and other profile information is viewable by other Kinetyx members and the public and, subject to your privacy controls, additional information and content you share may also be viewable. For example, your photos and routes may be accessed by other Kinetyx members and non-members or viewable on publicly accessible Kinetyx pages or in search engine results. We provide a variety of tools to control the sharing of your information and encourage our members to adjust their controls to align with their desired experience.
Protection of your personal information
Safeguards
Kinetyx and its subcontractors that collect, store or use personal data use safeguards to protect your data.
Safeguards include physical, technical and administrative procedures that are intended to limit access to personal data only to those who need that access to perform legitimate functions.
We review our safeguards regularly to evaluate how they are working, and to determine if safeguards need to be added or changed.
Even with all the safeguards, transmission of information through the internet is not always secure, and sometimes safeguards can be defeated. While Kinetyx works hard to protect your Personal Information, we cannot guarantee the security of the transmission of information via our Site(s), and therefore all information transferred will be at your own risk.
You are also responsible for protecting against unauthorized access to your account on any Kinetyx Site. Kinetyx recommends that you use strong password security, by using a mix of letters, numbers and symbols, and a different password for your Kinetyx account than you use for any other accounts that you may have. Keep your account information password confidential and do not share it with anyone. Kinetyx is not responsible for any lost, stolen or compromised passwords or for any access to your Kinetyx account from unauthorized users when caused by you. If you think your account has been compromised, please contact us as soon as you can at info@kinetyx.tech.
If you have any questions about the security of Personal Information collected by Kinetyx, please contact us at: info@kinetyx.tech.
Cookies and other tracking technologies
We may use cookies and other tracking devices on our website.
Cookies are small data files that are sent to your browser and placed on your computer's hard drive when you visit a website.
The information a cookie contains is set by a website's server and can be used when the user visits or returns to the website. Cookies are designed to remember things that a user has done while on a website in the past, which can include putting products in a basket, logging in, or clicking on links. The use of cookies allows us to measure site activity.
We may use third parties to serve our advertisements on other websites. In serving our advertisements, these companies may use cookies and other tracking devices to collect certain information about your visits to other websites. This information may be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you.
You may be able to adjust your browser settings to block cookies or to notify you before a cookie is set. Please refer to your browser Help instructions to learn more about cookies and how to manage their use.
Some of the services provided by Kinetyx may require cookies to work properly.
If you block cookies, certain functionalities of the Sites or the App may not be available to you, and Kinetyx may not be able to provide some of its Services to you.
We use Google Analytics, which uses unique device identifiers to analyze traffic on the App and the Website. For instance, Google Analytics tells us how many people have used the Sites, how they move through the Sites, and how long they spend on each area of the Sites. We typically do not connect this analytical information with identifiable information like name or phone number, although the analytics may associate information with a geographic location, or device identifier.
We may use anonymized (not personally identifiable) information for medical research, market research, and other business purposes. Kinetyx may use a third-party service provider to conduct the research or other business activity. Neither Kinetyx nor the third party will attempt to re-identify the anonymized data.
Compliance with California law
The California Consumer Privacy Act (CCPA) provides California residents with certain rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise them.
Right to know and data portability
You have the right to request that Kinetyx disclose particular information to you about our collection and use of your Personal Information during the prior twelve (12) months. After we receive your request and confirm your identity, Kinetyx will provide to you:
The categories of Personal Information we collected about you.
The categories of sources for the Personal Information we collected about you.
Kinetyx’s business or commercial purpose for collecting that Personal Information.
The categories of third parties with whom we share that Personal Information.
If we disclosed your Personal Information for a business purpose, a list disclosing the Personal Information categories that each category of recipient obtained.
The specific pieces of Personal Information we collected about you (which is also called a data portability request).
Right to delete
Subject to certain exceptions, you have the right to request that we delete any of your Personal Information that we collected from you and have retained. After Kinetyx receives your request and confirms your identity, we will review your request to assess whether an exception to retain the information applies. We may deny your request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which the Personal Information was collected, provide a good or service that you requested, take actions reasonably anticipated within the purpose of our continued business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those liable for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (California Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the purposes for which you provided it.
Kinetyx will delete or deidentify Personal Information that is not subject to one of these exceptions from its records and will also direct its service providers to take similar action.
Exercising your right to know or delete
To exercise your rights to know or delete described above, please submit a request by either:
Calling us at 1.403.460.0216; or
Emailing us at info@kinetyx.tech.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information.
You may also make a request to know or delete on behalf of your child by calling or emailing us at the phone number or email address listed above.
You may only submit a request to know twice within a twelve (12) month period. Your request to know or delete must:
Provide sufficient information to allow Kinetyx to reasonably verify you are the person about whom it collected Personal Information or an authorized representative, which may include, but is not limited to, a driver’s license, passport or other photo identification.
Describe your request with sufficient detail that allows Kinetyx to properly understand, evaluate, and respond to it.
Kinetyx cannot respond to your request or provide you with Personal Information if it cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
You do not need to create an account with us to submit a request to know or delete. We will use only Personal Information submitted in the request to verify the requestor’s identity or authority to offer it.
Non-discrimination
Kinetyx will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, Kinetyx will not, as a result of you exercising any rights under the CCPA:
Deny you goods or services.
Charge you different rates or prices for goods or services, including through offering discounts or other benefits, or imposing penalties.
Provide you a different quality or level of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different quality or level of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that may result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive Kinetyx offers will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Other California privacy rights
California’s “Shine the Light” law (California Civil Code § 1798.83) permits users of the Sites who are California residents to request particular information about our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to info@kinetyx.tech.
Compliance with Nevada law
To the extent applicable, Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to Kinetyx via the following methods: by emailing info@kinetyx.tech or by calling 1.403.460.0216. However, please know Kinetyx does not currently sell data triggering the statute's opt-out requirements.
Children’s privacy
Kinetyx recognizes the privacy interests of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests.
The Sites are not intended for children under the age of 13.
Kinetyx does not target its Services or any Site to children under 13.
Kinetyx does not knowingly collect Personal Information from children under the age of 13.
If you believe Kinetyx has collected Personal Information from a child under the age of 13, please notify Kinetyx so we can remove it.
Access and accuracy
Access
Kinetyx makes every reasonable effort to provide access to your Personal Information if you request such access in writing to info@Kinetyx.tech.
Kinetyx will endeavor to respond to an individual's request for information within 45 days of receiving the written request and will indicate whether the individual is entitled to access the information.
Please note that we must be sure that the individual requesting access has the right to receive the information. We cannot provide access if we cannot confirm that the requester either is the individual to whom the information relates, or an authorized agent.
If access is refused, Kinetyx will provide reasons for the refusal, the name of the person who can answer questions about the request and advise of the right to have the decision reviewed by the applicable authority.
Accuracy
Kinetyx uses commercially reasonable efforts to ensure that Personal Information in our possession is accurate and complete.
If you are aware of an error in Personal Information about you that is under our control, please let us know and we will correct it on request whenever possible.
In some cases, Kinetyx may ask for a written request for correction.
We will take reasonable steps to verify your identity before granting access or making corrections.
Your acceptance of this privacy policy and revisions to this privacy policy
By using the Sites, you agree to this Privacy Policy.
If you do not agree to this Privacy Policy, you may not use the Sites.
Kinetyx reserves the right, in our discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. All revisions will be posted to the Site(s).
We urge you to review this Privacy Policy frequently for changes. Your continued use of the Sites means that you accept those changes.
Privacy policy information
Kinetyx welcomes questions and comments about this Privacy Policy. Questions or comments should be directed to info@kinetyx.tech.
Kinetyx Sciences Inc. Attn: Legal
1240 – 20th Avenue SE, Suite 117
Calgary, AB Canada T2G 1M8
1.403.460.0216
Original effective date: February 11, 2022
Last updated: February 11, 2022