KYKLO Inc, and its parents and affiliates (collectively “Kyklo”, “we”, “us”, or “our”), are committed to keeping any and all personal information collected from individuals that visit our website and who use our end-to-end sales operation service, software as a service platform (“Platform”), products, software and other services (collectively, “Services”) confidential, secure and private.

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By accessing and using our website and Services, you (“you” or “your”) acknowledge and agree that you accept the policies set forth in this Privacy Policy (the “Privacy Policy”) as a condition of your use of our Services. If your use of the Services is through or on behalf of an organization or corporate entity, you are agreeing to accept the policies set forth in this Privacy Policy on behalf of such organization or entity, and are representing to us that you are authorized to do so.

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This Privacy Policy shall be equally applicable to all parties that use our Services (“Customers”), as well as those third parties that access and use our Platform and Services through our Customers (“End Users”). Where this Privacy Policy refers to “you” rather than to Customers or End Users, that provision shall be deemed to refer collectively to both Customers and End User.

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Capitalized terms that are not defined in this Privacy Policy have the meanings given to them in the applicable Terms and Conditions document. The Terms of the applicable Terms and Conditions are hereby incorporated by reference and shall operate to govern the Customers’ use of the Services (provided, however, that End Users shall use the Services in accordance with the Acceptable Use Policy found therein).

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INFORMATION WE COLLECT

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Customer Information

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We collect and use the following information from Customers to provide, improve and protect our Services:

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We may collect certain information that Customers specifically and intentionally provide to us. For example, when you retain our Services to develop an online webstore for your business or place an order with us, we may collect personal information about you such as the name of your business entity, a contact email address and phone number, and physical address. Additionally, as part of our Services, you will have the ability to upload, store and share certain files with us, along with data and information related to them (collectively “Customer Content”). We may also collect financial information that you choose to share with us, such as your business entity’s credit or debit card number, billing address, and other billing information. Other unique information that we may collect includes product and service preferences, and contact preferences. To the extent that an individual, and not a business entity, is a Customer, we may collect all of the above information about the individual Customers, as well as your age, sex, educational and employment background. To the extent that the Customer is a business entity, the data above may be provided to Kyklo by a designated entity within your company (such as a member of your Purchasing/IT/Facility Management department).

For the avoidance of doubt, all information collected from a Customer hereunder, including but not limited to Customer Content, shall be known as “Customer Information.”

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End User Information

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We may collect certain information that End Users specifically and intentionally provide to us. For example, an End User may provide us with their name, email address, phone number, age, sex, and physical address.

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We collect certain information about End Users when such End Users access and use the Customer’s online webstore or otherwise use the Services. For the avoidance of doubt, all information collected from End Users hereunder shall be “End User Information.” Kyklo may use the End User Information as set forth herein.

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PERSONAL INFORMATION OF CHILDREN

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WE DO NOT AND WILL NOT KNOWINGLY ALLOW ANYONE UNDER 13 YEARS OF AGE TO PROVIDE US ANY PERSONAL IDENTIFYING INFORMATION. USERS OF THE Services WILL BE DEEMED TO HAVE FULL CONTROL OVER THEIR PRODUCTS AND USER ACCOUNTS, AND MUST ENSURE THAT NO CHILDREN UNDER THE AGE OF 13 USE OUR Services IN ANY MANNER WHICH WOULD PROVIDE US OR ANY THIRD PARTY WITH ANY PERSONAL INFORMATION OF A CHILD. IF WE LEARN THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A CHILD UNDER AGE 13, WE WILL DELETE THAT INFORMATION AS QUICKLY AS POSSIBLE. IF YOU BELIEVE THAT WE MIGHT HAVE ANY PERSONAL INFORMATION ABOUT A CHILD UNDER AGE 13, PLEASE CONTACT US USING THE CONTACT INFORMATION PROVIDED BELOW.

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HOW WE COLLECT INFORMATION

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We use various technologies to collect the information described above, and to provide, improve and protect our Services, which may include the use of cookies and device identifiers Cookies are small data files stored on an End User’s computer or mobile device that enable our website to recognize your browser and capture and remember certain information. If we use cookies, we will do so in order to understand and save an End User’s preferences for future visits, compile aggregate data about website traffic and interaction so that we can offer a better user experience and tools in the future. End Users can set their browser to not accept cookies, but this may limit your experience with, and ability to use, the Services.

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ACCESS TO AND CONTROL OF PERSONAL INFORMATION

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Customers can access, review and/or update their user profile and settings at https://www.kyklo.co/ or http://www.kyklo-usa.com/ which will allow the Customers to modify, update, or restrict access to certain information.

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USE OF INFORMATION

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We may use your information to:

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• Create a full functional webstore for the Customer.

• Provide and share Customer Content with End Users.

• Enhance or improve End User experience, our website, or our Service.

• Process transactions.

• Send emails about our website or respond to inquiries.

• Send emails and updates about Kyklo, including our email newsletter.

• Send third party offers.

• Deliver our Service to you, such as by tracking customer service, contact, historical, and locational data relating to you and the End Users.

• Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our website or Service.

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THIRD PARTY ACCESS TO YOUR INFORMATION

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

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LINK TO THIRD PARTY WEBSITES

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The Services allow Customers to deliver certain content to End Users via the Customer’s online webstore created by the Company. The webstore may have links to other websites, applications, products, and services of third parties (which third parties may or may not be Customers). Kyklo is not responsible for the practices employed by third party websites linked to or provided through the Services, the content, or for any information contained therein. Please note that once you leave the Site our Privacy Policy is no longer in effect. End User browsing and interaction with any third party or Customers website, product, or service, including those to which End Users arrive at via Customer’s online webstore is subject to that third party’s own rules and policies. Please be sure to read over those rules and policies before proceeding. Additionally, End Users shall be responsible for anything published or shared through such third party websites, and Kyklo is not responsible for anything contained therein.

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We expect our Customers to use our Services responsibly, and deliver appropriate Customer Content. Accordingly, Customer Content posted by Customers is subject to the restrictions included in the Terms of Service. If you are an End User and you see any Customer Content which you believe violates the Company’s Privacy Policy of Terms of Service, please contact us immediately. Notwithstanding the foregoing, Kyklo disclaims any responsibility to End Users for Customer Content posted, transmitted, or otherwise disseminated by Customers via the Services.

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ANALYTICS

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We may implement analytics programs to track End User engagement with the Customer’s online webstore. These analytics programs may collect certain information about End Users. We will use such information in accordance with this Privacy Policy, but make no representations or warranties as to the use of this information by our analytics service providers.

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We use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Service - https://www.google.com/analytics/terms/us.html  and the Google Privacy Policy - https://policies.google.com/privacy.  You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

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SECURITY

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Kyklo uses reasonable security controls to protect your data and information from loss, misuse, unauthorized access, disclosure, alteration and destruction. The personal information you provide us is stored on computer systems located in controlled facilities which have limited access, and only carefully selected, authorized personnel have access to unencrypted user information. When collecting or transferring sensitive information such as credit card information, we use a variety of additional security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. When we transmit sensitive information over the internet, we protect it through the use of advanced encryption techniques, such as the Secure Socket Layer (SSL) protocol, and firewall. Additionally, as part of real-time payment processing, Kyklo may subscribe to fraud management services. These services provide Kyklo with an extra level of security to guard against credit card fraud and to protect your financial data. Despite these precautions, no security safeguards guarantee 100% security all of the time, and no guarantees are made with respect to the same.

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HOW LONG WE KEEP YOUR INFORMATION

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We retain your personal information in accordance with our data retention policies and practices.  The length of time we keep your information depends upon a number of factors, including the type of information. In general, we retain personal information for as long as we have an ongoing business need to retain it. Following that period, we will delete it.

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USERS FROM THE EUROPEAN ECONOMIC AREA

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LEGAL BASIS FOR PROCESSING. 

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If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable European Union laws.  The legal bases depend on how you use the website or the Services:

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• We need to collect and use the information for you to use the website;

• Our collection satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;

• You give us informed consent to do so for a specific purpose; or

• We need to process your data to comply with a legal obligation.

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If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.  Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the website. 

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 HOW TO ACCESS OR CONTROL YOUR INFORMATION

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The General Data Protection Directive (GDPR) provides individuals in the EEA certain rights with respect to their information. These include the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format.  You can exercise these rights by contacting us at the address in the Contact Section below.

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 The GDPR provides that we may limit or deny your requests in certain cases. For example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we have compelling legitimate interests to keep, including as required by law.  You may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed if you have concerns about your rights.

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YOUR CALIFORNIA PRIVACY RIGHTS (FOR CALIFORNIA RESIDENTS ONLY)

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California residents should also review the supplemental Privacy Notice for California Residents at the end of this Privacy Policy.

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Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers' personal information with third parties. These businesses are required to accept requests for disclosures of these policies from customers but are only required to honor one request per calendar year. Businesses have thirty (30) days to respond to each inquiry to the designated address. Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of any third-party businesses. In limited circumstances, customers' failure to submit requests in the manner specified will not require a response from the business.

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If you are a California resident, you may request such information from us by sending a letter to the address listed below.  In your letter, please provide your name, address and email address, as well as a request that we provide such information to you, by using the following or similar language, “I request that Kyklo provide its third-party information sharing disclosures required by section 1798.83 of the California Civil Code.”

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KYKLO Inc

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737 Main Street, Suite 300, Buffalo, NY 14203, United States

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NEVADA SALE OPT-OUT RIGHTS (NEVADA RESIDENTS ONLY)

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Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address:

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KYKLO Inc

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737 Main Street, Suite 300, Buffalo, NY 14203, United States

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ENFORCEMENT AND DISPUTE RESOLUTION

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If you have any questions, complaints or disputes regarding the manner in which we use or protect your information, please contact us using the contact information provided below. We will investigate and attempt to resolve any complaints and disputes in a reasonable time and in a manner that complies with the principles described in this Policy.

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You agree to try to resolve the dispute informally first by contacting us in accordance with this Privacy Policy. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within ninety (90) days of submission, either you or Kyklo may begin formal legal action, subject to the terms of this Privacy Policy.

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The validity, performance, construction, regulation and interpretation of this Privacy Policy shall be governed under the laws of Illinois using English language.

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Any dispute, controversy or claim arising out of or in connection with this Privacy Policy, or regarding any legal relations arising out of or in connection therewith, and/or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the arbitration rules and procedures of Judicial Arbitration and Mediation Services. Inc. (“JAMS”) then in effect. The place of arbitration shall be Chicago, Illinois where the award shall be rendered. The arbitration proceedings shall be conducted in the English language. The arbitration tribunal shall be composed of three (3) arbitrators selected from the appropriate list of JAMS arbitrators in accordance with the JAMS arbitration rules and procedures. Notwithstanding the foregoing, both you and the Company shall have the right to institute an action in a court of competent jurisdiction for injunction or other equitable relief.  Except for the fees of the legal advisors, which shall be borne by each respective party, all other expenses and costs of arbitration shall be borne by either or both parties as the arbitration tribunal may award.

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CHANGES TO THIS POLICY

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This Privacy Policy is effective as of the effective date provided above. We reserve the right to amend and revise our Privacy Policy at any time, with or without notice. For example, we may amend or revise our Privacy Policy to comply with local, state, or Federal laws or to accommodate changes in technology, or to accommodate the needs of our users. This Privacy Policy may therefore be amended from time to time, consistent with applicable data protection and privacy laws and principles. If we make any material changes to this Privacy Policy, we will post a notice on our website for 30 days from the date of any such material changes.

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CONTACTING US

Any questions or complaints about this Privacy Policy should be addressed to [email protected]

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