Kinetic Marketing System's Privacy Policy
This privacy policy was last updated 17 January 2024This privacy policy tells you how Kinetic Management Systems uses your personal data when you visit our website, interact with us, and subscribe to our services. It also tells you about your privacy rights and how the law protects you. It is important that you read this privacy policy, together with any other privacy policies we may provide, so that you are fully aware of how and why we are using your data. If you have any questions, or would like to exercise your privacy rights, please follow the instructions in this privacy policy. See How to contact Kinetic Management Systems about privacy below:
Our website at jlittrell.com is the customer facing web presence that introduces the Kinetic Management Systems products and services and enables access to the software, submission of questions and support requests. This website is not intended for children and we do not knowingly collect data relating to children.
Kinetic Management Systems is made up of the following legal entity: A New York Corporation with the address: Kinetic Management Systems 97 Pitt street #4, NYC 10002 Kinetic Management Systems is the data controller responsible for this website and any handling of personal data carried out by or on behalf of Kinetic Management Systems When we mention “Kinetic Management Systems”, “we”, “us” or “our” in this privacy policy, we are referring to Kinetic Management Systems , which is the company responsible for handling your private data.
The privacy of your data is a big deal to us. We’ll only ever access your account to help you with a problem or fix a software bug. We’ll never open any uploaded files unless you ask us to. We log all access to all accounts by IP address, so we can always verify that no unauthorized access has happened for as long as the logs are kept. This policy applies to personal data from the European Union, the United Kingdom, and from Switzerland that is collected, used, and retained by us in the United States.
Kinetic Management Systems complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Kinetic Management Systems has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/Kinetic Management Systems is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with regard to the Privacy Shield Frameworks.
Kinetic Management Systems complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and Switzerland to the United States. Kinetic Management Systems has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/ Kinetic Management Systems is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with regard to the Privacy Shield Frameworks.
Pursuant to the Privacy Shield Frameworks, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to [email protected]. If requested to remove data, we will respond within a reasonable timeframe.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to [email protected].
Kinetic Management Systems’ accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Kinetic Management Systems remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Kinetic Management Systems proves that it is not responsible for the event giving rise to the damage.
While we may be required to disclose your personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements, Kinetic Management Systems won’t otherwise hand your data over to law enforcement unless a court order says we have to. We flat-out reject such other requests from local and federal law enforcement when they seek data without a court order. And unless we’re legally prevented from it, we’ll always inform you when such requests are made.
In compliance with the Privacy Shield Principles, Kinetic Management Systems commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union, UK, and Swiss individuals with Privacy Shield inquiries or complaints should first contact Kinetic Management Systems by email at [email protected] Management Systems has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD.
If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
You understand that Kinetic Management Systems uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide you with our services. These service providers may have access to your personal information. A current list of vendors is available upon request.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).We collect a variety of information about our wonderful customers (you!) and visitors to the Kinetic Management Systems website. This personal data falls into these categories:Identity Data includes title, first name, last name, username or similar identifier and an encrypted version of your login/password. If you interact with us through social media, this may include your social media username. Contact Data includes billing address, delivery address, and email address.
Financial Data includes encrypted token data that links your account to your billing method details, which are stored by our 3rd party payment processor, Braintree.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Profile Data includes your username and password, purchases or orders made by you, preferences, feedback and survey responses, as well as any profile data which we have added (for example, using analytics and profiling).
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. Usage Data includes information about how you use our website, products and services.
Tracking Data includes information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers. Marketing and Communications Data includes your preferences in receiving direct marketing from us and our third parties and your communication preferences. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances: It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service of the specific application, or as otherwise required by law.
We transfer information about you if Kinetic Management Systems is acquired by or merged with another company. In this event, Kinetic Management Systems will notify you before information about you is transferred and becomes subject to a different privacy policy.We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. If you use any of these types of personal data on any functionality you design or create on jlittrell.com, we will not be able to tell. We will treat all the personal data included in any created functionality as ordinary personal data.Remember, if you choose not to share personal data with us, or refuse certain contact permissions, we might not be able to provide our services to you or your organization.
We use different methods to collect data from and about you including: When you register for any Kinetic Management Systems product we ask for information such as your name, company name, email address, billing address, credit card information. Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by mail, phone, email or through chat or social media. This includes personal data you provide when you:
Sign up to view a Recorded Webinar; Sign up for a Free Trial; Submit a Contact Form; Submit a Feature Request Form; Submit a General Enquiry Form; Send us an email; Engage with us on social media; Enter a competition, promotion or survey; Contact customer services; or Leave comments or reviews on our products or services (please be kind!).
Automated technologies or interactions. As you interact with us, including via the jlittrell.com website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. Third parties or publicly available sources. We may receive personal data about you from various types of third parties, including: Technical Data and/or Tracking Data from analytics providers, advertising networks and search information providers; Contact, Financial and Transaction Data from providers of payment and fraud prevention services; Identity and Contact Data from data partners; and Data from any third parties who are permitted by law or have your permission to share your personal data with us, such as via social media or review sites We will only use your personal data when the law allows us to.
We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research. Kinetic Management Systems does not share your personal information with third parties, unless explicitly approved by you. Tracking Data includes information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers. Marketing and Communications Data includes your preferences in receiving direct marketing from us and our third parties and your communication preferences.
However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. If you use any of these types of personal data on products you design or create on jlittrell.com, we will not be able to tell. We will treat all the personal data included in designs or products as ordinary personal data. Remember, if you choose not to share personal data with us, or refuse certain contact permissions, we might not be able to provide the products and services you’ve asked for.
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Cookies are required to use the Kinetic Management Systems services.
We use cookies to record current session information, but do not require permanent cookies.
You may have heard about the General Data Protection Regulation (“GDPR”) in Europe. GDPR gives people under its protection certain rights with respect to their personal information collected by us on the Site. Accordingly, Kinetic Management Systems recognizes and will comply with GDPR and those rights, except as limited by applicable law. The rights under GDPR include:
Right of Access. This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
Right to Correction. This is your right to request correction of your personal information.
Right to Erasure. This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession (also known as the “Right to be forgotten”). However, if applicable law requires us to comply with your request to delete your information, fulfillment of your request may prevent you from using Kinetic Management Systems’s services and may result in closing your account.Right to Complain. You have the right to make a complaint regarding our handling of your personal information with the appropriate supervisory authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_enRight to Restrict Processing.
This is your right to request restriction of how and why your personal information is used or processed. Right to Object. This is your right, in certain situations, to object to how or why your personal information is processed. Right to Portability. This is your right to receive the personal information we have about you and the right to transmit it to another party. Right to not be subject to Automated Decision-Making. This is your right to object and prevent any decision that could have a legal, or similarly significant, effect on you from being made solely based on automated processes. This right is limited, however, if the decision is necessary for performance of any contract between you and us, is allowed by applicable European law, or is based on your explicit consent.
Many of these rights can be exercised by signing in and directly updating your account information. If you have questions about exercising these rights or need assistance, please contact us at [email protected].We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details in How to contact Kinetic Management Systems about privacy below.
Kinetic Management Systems uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our services. Although Kinetic Management Systems owns the code, databases, and all rights to the Kinetic Management Systems applications, you retain all rights to your data.
Kinetic Management Systems may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service of any of our applications.
Kinetic Management Systems may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Kinetic Management Systems service primary account holder account or by placing a prominent notice on our site. You retain the right to access, amend, correct or delete your personal information where it is inaccurate at any time. To do so, please contact [email protected]
Any questions about this Privacy Policy should be addressed to [email protected] or by mail at: Kinetic Management Systems, 97 Pitt St. #4 New York, NY, 10002