- the types of personal information we collect about you;
- the purposes for which we collect that information;
- how we use that information;
- with whom we share that information;
- how we safeguard that information;
- the choices available to you regarding how we use your personal information; and
- how you can contact us about our privacy practices.
- assist a fundraising campaign in its prelaunch stage;
- assist in the development of affiliate marketing;
- store and manage data necessary to facilitate transitioning from fundraising campaigns hosted on the Sites to eCommerce stores owned by the Project Creator; and
- facilitate the transition from fundraising campaign to eCommerce store
(together with the Sites, the “Service”).
- What personal information do we collect?
- What is the purpose of the collection and use of your personal information?
- To whom do we disclose your personal information?
- What if there is a change in the initial purpose of collection of your personal information?
- Do we knowingly collect personal information about children?
- How do we safeguard your personal information?
- Do we transfer your personal information to third parties for storage or processing?
- How long do we retain your personal information?
- Do we collect, use, and disclose non-personal information about you?
- How do we ensure the accuracy of your personal information?
- How can you access your personal information?
- What types of “cookies” and/or other technologies do we use and how can you change your “cookie” settings?
- Do we use third party advertising partners? If so, how can I opt out of targeted advertising?
- What type of analytics services do we use and for what purpose? How can you disable analytics?
- What do you need to know about the basis for collection, using, and processing your personal information and your associated personal information rights if you are located within the European Union (“EU”) or the European Economic Area (“EEA”)?
- Who do you contact if you have an inquiry, complaint, or want to request a review of your personal information?
- How do we handle complaints?
- How do you withdraw your consent to the collection, use or disclosure of your personal information?
- How can you unsubscribe from our commercial electronic messages such as messages regarding new products or services?
“Affiliate” means an individual (usually a Backer, customer, influencer, media partner, or brand advocate) who promotes a crowdfunding campaign or an eCommerce store to their network in exchange for a reward for successful referrals.
“Backer” means an individual who makes a monetary contribution to a crowdfunding project.
“collection” means the act of gathering, acquiring, recording or obtaining personal information from any source, including third parties, by any means.
“consent” means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative, such as a parent or guardian. Express consent is permission that is granted by an individual taking a positive step to signify consent and may be given orally, electronically or in writing. Implied consent is the assumption of consent that can reasonably be inferred from a user's action or inaction.
“disclosure” means making personal information available to a third party.
“Merchant” means a business, organization, group, or individual that owns and/or operates an eCommerce store.
“non-personal information” means information that does not identify a specific individual and which we are unable to connect to other information in order to identify a specific individual.
“Partners” means certain users who have entered into a special agreement with Kickbooster for the use of its Services.
“Project Creator” means a business, organization, group, or individual that aims to fund the development and execution of a project through crowdfunding.
“personal information” means information about an identifiable individual, but not aggregated information that cannot be associated with a specific individual.
“registered user” means a user who has created and registered an account with Kickbooster. To be clear, this includes but is not limited to Affiliates, Partners, Merchants, and Project Creators.
“third party” means an individual other than the user, or the user's agent, or an organization other than Kickbooster.
“use” means the treatment, handling and management of personal information by and within Kickbooster.
2. Personal Information We Collect
We may collect or receive your personal information in a few different ways. For example, we may collect information directly from you, indirectly from you based on your interactions with the Service, or from Affiliates, Project Creators, or Merchants with whom you interact where it is necessary for us to provide the Service to you or other registered users. When you interact with us through the Service, we may collect or receive the following types of information.
Personal Information You Provide
You may provide us with your personal information in different ways, including as listed above. For example, we may collect any or all of the following personal information if the information is reasonably required to provide the Service to you:
(a) information that you provide when you become a registered user or otherwise complete forms on the Service, such as your name, company name, birth date, email address, PayPal email address, social media user ID, postal address, telephone number, and country of residence;
(b) your log-in and password details in connection with your Kickbooster account(s), including your username;
(c)information that you provide to Kickbooster when you subscribe to the Service, such as your billing address, payment method and credit card information;
(d) in the case of Affiliates, bank information necessary to facilitate payments;
(e) in the case of Backers, information provided to us by the Project Creator such as your name, email address, Kickstarter Backer ID, shipping information such as your postal address, and billing information such as your billing address, payment method, and credit card information;
(f) your correspondence with Kickbooster employees and independent contractors, including any questions, concerns or comments you may have about the Service or problems that you report;
(g) comments, videos, photographs, images, logos and any other content or information that you may submit to the Service;
(h) details of your requests made through the Service.
The information reasonably required to provide the Service to you will depend on your relationship to the Service. Different information is required depending on whether you are a Project Creator, Affiliate, Merchant, Partner, or Backer. Kickbooster will not collect more information than is reasonably required to provide the Service to you depending on your role.
Personal Information You Provide to Other Users
Technical Information We Collect Automatically
When you visit the Service, we may collect, using electronic means, technical information. This information may include:
(a) the IP address of your computer and which browser you used to view our Service;
(b) operating system;
(c) resolution of screen;
(e) language settings in browsers; and/or
(f) the site you came from and searched for keywords if arriving from a search engine.
This technical information (some of which in certain instances may be considered personal information) is aggregated and used to measure and improve effectiveness of our Service. We do not attempt to combine this technical information with other personal information we collect on our Service.
Personal Information Posted by You or Others to the Service
If you voluntarily submit or post any information, videos, photographs or other content (“User Content”) to the Service, certain of your personal information may be included in the posting, such as your user name and email address, and this information may be collected and used by others. Kickbooster has no control over and is not liable for the collection, use or disclosure of any posted User Content or your included personal information by users of the Service. You are responsible for ensuring the protection of any of your personal information that you post to any other user’s account, Kickbooster messaging account or to the Sites or Service.
3. Purpose of Collection and Use of Personal Information
Kickbooster collects your personal information and will use your personal information as is reasonably required for the following purposes:
(a) if you are a registered user, to establish and maintain your Kickbooster account;
(b) to provide web applications, the Service, and/or the other services or information that you request;
(c) to verify your identity if you submit comments, videos, photographs, opinions, or any other content or information to the Service;
(d) to respond to questions, comments, requests, job applications, or complaints that you submit to Kickbooster;
(e) if you are an Affiliate, to facilitate communication between yourself and a Project Creator you have indicated you would like to work with;
(f) if you are a Backer: to facilitate transactions with Project Creators or Merchants where it is necessary to complete a transaction you have entered in to with a Project Creator or Merchant;
(g) if you are a Backer: Kickbooster may use personal information collected by a third party such as Kickbooster or Shopify, in order to verify whether your pledge has occurred as a result of a relationship with an Affiliate;
(h) to collect amounts owing from you to Kickbooster, if applicable;
(i) to process payments:
(i) made by you to Kickbooster;
(ii) made by a Backer to a Project Creator where said Backer has pledged to a specific campaign; and
(iii) made by Project Creators to Affiliates where the Project Creator has agreed to provide monetary compensation to said Affiliate for successful referrals;
(j) to track communications with you;
(k) to analyze use of the Service and to improve the Service;
(l) to send emails, newsletters, regular mail or other communications you have consented to receive from Kickbooster;
(m) to provide Service-related announcements or notifications to you;
(n) to aggregate your personal information resulting from the combination and/or aggregation of certain raw personal information collected from you with other data in a way that no longer personally identifies you;
(o) to display advertising on the Service or to manage and serve our advertising on other sites. See Section 15 on targeted advertising and how you may opt out;
(p) to fulfill a purpose that we disclose to you when we request your personal information; and/or
(q) to meet legal and regulatory requirements.
Your personal information will only be collected and used by Kickbooster and employees, independent contractors, agents, and service providers in a manner consistent with the activities of Kickbooster. Access to your personal information by Kickbooster employees, independent contractors, agents and service providers is limited only to those authorized, based on their need to deal with the personal information for the reason(s) for which it was obtained, including to enable them to perform a business, professional or technical support function for Kickbooster.
Whether you are a Project Creator, Merchant, Affiliate, Partner, or Backer, your personal information may be collected and used by the Project Creators, Merchants, Affiliates, and Partners with whom you choose to engage on the Service. Access by Project Creators, Merchants, Affiliates, and Partners to your personal information collected by Kickbooster is limited only to those authorized, based on their need to deal with that information for the reason(s) for which it was obtained, including to enable them to perform a business function for Kickbooster or as reasonably necessary to utilize the Service. Kickbooster is not responsible for personal information which you provide directly to another party on the Service.
4. Disclosure of Personal Information
Kickbooster may disclose your personal information to:
(a) its employees, independent contractors, agents, partners, distributors, retailers and service providers as is reasonably necessary to enable these parties to perform a business, professional or technical support function for Kickbooster, such as payment processing, email marketing, and customer support;
(b) a person who, in the reasonable judgment of Kickbooster, is seeking the information as your agent; and
(c) a third party or parties, such as the platforms on which the Service operates (such as Shopify, Kickstarter, and Indiegogo), or other users such as Affiliates, Backers, Merchants, Partners, or Project Creators where you consent to such disclosure or the disclosure is permitted or required by law.
Corporate Reorganization and Business Transfers
5. Change of Purpose
Kickbooster will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and obtain your express consent to do so pursuant to Section 22.
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
The Service is intended for general audiences and is not directed to children under the age of 16. We do not knowingly collect personal information from children under 16. In the event that we learn that we have collected personal information from a child under the age of 16, we will take appropriate steps to delete that personal information. If you become aware or believe that a child has provided us with personal information, please contact us as provided in Section 19.
7. Safeguarding Your Personal Information
Kickbooster is committed to safeguarding your personal information. Kickbooster uses appropriate security measures to protect personal information against risks such as loss or theft, unauthorized access, disclosure, copying, misuse, modification or destruction, and any other unlawful form of processing of the personal information in our possession regardless of the format in which it is held. The methods of protection and safeguards used by Kickbooster include, but are not limited to:
- Administrative safeguards such as privacy and security policies and procedures, privacy and data protection training for Kickbooster staff and agents;
- Technical safeguards such as security testing, vulnerability scans, and technological measures, including the use of passwords, encryption, firewalls, and secure coding frameworks;
- Physical safeguards such as locked filing cabinets, and need-to-know access for Kickbooster employees and independent contractors.
In any organization, failure to protect personal information can increase the risk of a privacy breach which can lead to things such as financial loss, reputational harm, fraud, or identity theft. While Kickbooster cannot guarantee that a privacy breach will not occur, Kickbooster will make every effort to prevent such occurrences by implementing the above security safeguards.
Kickbooster also ensures that its employees, independent contractors, agents, partners and service providers with access to personal information are made aware of the importance of maintaining the confidentiality of personal information.
Kickbooster takes care in disposing of or destroying personal information to prevent unauthorized parties from gaining access to the information.
While Kickbooster is committed to safeguarding your personal information, we cannot ensure or warrant the security of any personal information we collect either directly or automatically from you, and you do so at your own risk.
Kickbooster can not guarantee that such personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our security safeguards. To the degree that personal information is of a sensitive nature, in the event of a breach, there may be a risk of significant harm to you which includes bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property.
Kickbooster also cannot guarantee that information sent or received over the Internet is secure and does not make any representation or warranty concerning the security of personal information communicated to or from Kickbooster via the Internet or regarding the interception by third parties.
8. Cross Border Transfer of Personal Information
Your personal information may be stored and processed in any country where we engage third party service providers (e.g. Canada, United States). While such information is outside of your country of residence, it is subject to the law of the country in which it is held, and may be subject to disclosure to the governments, courts, or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. For example, personal information stored in the United States is subject to the US PATRIOT ACT.
Where and when appropriate, we will transmit amended personal information to third parties having access to the personal information in question.
9. Retention of Personal Information
Kickbooster will only keep personal information for as long as reasonably necessary to fulfil the relevant purposes set out in the Policy Privacy and in order to comply with our legal and regulatory obligations. To determine the appropriate retention period for your information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.
10. Non-Personal Information
We may collect, use and disclose non-personal information, including aggregated data resulting from the combination and/or aggregation or certain raw data collected from you with other data in a way that no longer personally identifies you. We make no attempt to link this non-personal information with the identity of individuals. We may permanently archive non-personal information for future use in any manner whatsoever.
11. Accuracy of Personal Information
Kickbooster is committed to keeping your personal information as complete, up-to-date and accurate as is necessary for the purposes for which it is to be used. Kickbooster will promptly correct or complete any personal information found to be inaccurate or incomplete. Where appropriate, Kickbooster will transmit amended information to third parties having access to the personal information in question.
12. Access to Personal Information
Upon request, Kickbooster will provide you with a reasonable opportunity to review the accuracy of your personal information. Such personal information will be provided within a reasonable time of the request and at a minimal or no cost to you.
Also upon request, Kickbooster will provide an account of the use and disclosure of your personal information and, where reasonably possible, will state the source of the information. In providing an account of disclosure, Kickbooster will provide a list of organizations to which it may have disclosed personal information about you when it is not possible to provide an actual list.
In certain situations, Kickbooster may not be able to provide access to all of the personal information we hold about you. In such a case, we will provide the reasons for denying access upon request. Such reasons may include:
(a) if doing so would likely reveal personal information about another individual that cannot be severed or the information could reasonably be expected to threaten the life or security of another individual;
(b) if doing so would reveal any of our confidential information;
(c) if the information is protected by solicitor-client privilege;
(d) if the information was generated in the course of a formal dispute resolution process; or
(e) if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law, or that of a foreign jurisdiction.
13. Cookies and Similar Technologies
The Service uses “cookies”, which are small text files placed on your computer or other device when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.
There are three main types of cookies:
(a) Session Cookies are specific to a particular visit and limited to sending session identifiers (random numbers generated by the server) so you do not have to re-enter information when you navigate to a new page or check out. Session cookies are not permanently stored on your device and are deleted when the browser closes;
(b) Persistent Cookies record information about your preferences and are stored in your browser cache or mobile device and remain on your device between browsing sessions. For example, a persistent cookie may be used on a website to remember your log-in details so you will not need to enter those details each time you visit that website; and
(c) Third Party Cookies placed by someone other than us which may gather data across multiple websites or sessions.
We use the below listed cookies to perform the following functions:
(a) Strictly Necessary / Technical Cookies that are essential to enable you to move around a website and use its features. You cannot withdraw your consent to the use of these types of cookies because without them, the Service cannot be provided.
(b) Analytical / Performance Cookies that collect information in aggregated form about how users interact with the Service so that we may improve functionality. These cookies are sometimes placed by third party providers which enable features or functionality provided by third parties in connection with the Service. For example, advertising, interactive content, and analytics (see Section 16 below). The parties that set these third-party cookies can recognize your device both when it visits the website in question and also when it visits certain other websites.
(c) Functional Cookies that allow a website to remember choices you make, recognize you when you return and to personalize content.
(d) Targeting / Advertising Cookies that track browser habits and used to deliver targeted (interest-based) advertising based on your browsing activities and interests. See Section 15 on how you may opt out of targeting advertising.
We may use other technologies similar to cookies like web beacons, which are sometimes called “tracking pixels” or “clear gifs”. These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited the Service or opened an email that we have sent them. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
Right to Refuse the Use of Information Collection Technologies
We obtain your consent to our information collection technologies through our opt-in mechanism on the Service. You have the right to object to the use of information collection technologies such as cookies. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard.
Please be aware that if you disable or remove these technologies you may find that certain functions and features will not work as intended on the Service and that when you revisit our website your ability to limit cookies is subject to your browser settings and limitations.
14. Links to Other Websites
15. Targeted Advertising and How You May Opt Out
We may use third party advertising partners such as advertising networks, exchanges, and social media platforms to display advertising on the Service or to manage and serve our advertising on other sites. You have a variety of options to opt out of interest based advertising ranging from browser controls, add on utilities such as ad blockers, and other opt out tools. Opt out tools may include organizations such as:
- Network Advertising Initiative: https://optout.networkadvertising.org/?c=1,;
- Digital Advertising Alliance (“DAA”) of Canada: https://youradchoices.ca/;
- DAA YourAdChoices: https://youradchoices.ca/en/tools.
The Service employs Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies," which are text files placed on your computer, to help the website analyze how users use the Service, compiling reports on the activity of the Service for the Services’ operators and providing other services relating to website activity and Internet usage. The information generated by the cookie (including the IP address) is transferred and stored on a Google server located in the United States.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other information held by Google.
We may also use additional analytics programs from time to time to process non-personal information about you.
We make no attempt to link this non-personal information with the identity of individuals using the Service. Non-personal information may be permanently archived for future use in any manner whatsoever by Kickbooster.
Disable Google Analytics
You can prevent the collection and processing of cookie created data relating to your utilization of the Service (including your IP) via Google by downloading and installing the browser-plugin available under the following link (https://tools.google.com/dlpage/gaoptout?hl=en).
Google currently offers this opt-out tool for Internet Explorer 11, Google Chrome, Mozilla Firefox, Apple Safari and Opera.
Further information concerning the terms and conditions of Google’s use and data privacy can be found at https://www.google.com/analytics/terms/us.html or at https://policies.google.com/privacy.
17. Additional EU and EEA Disclosures
Legal Basis for Processing Your Personal Information
Below are the types of lawful basis that, depending on the circumstances, we may rely on to process your personal information:
Change of Purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
Your Personal Information Rights
Under certain circumstances and in accordance with EU/EEA applicable data protection laws, you have the following rights:
To exercise any of these rights, please contact us as provided in Section 19. These rights are not absolute and they do not always apply in all cases.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information 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 in order to help us respond efficiently to your request.
You will not have to pay a fee to access your personal information (or to exercise any of the above rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
If you have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us as provided under Section 19.
A list of data processors engaged by Kickbooster who may receive personal information is available here. New data processors will be added to this list 30 days prior to being integrated into our Services. If you are subject to the GDPR and have objections to a data processor addition, please contact us as provided in Section 19. Objections to data processors may impact the Services which we can provide to you.
When personal information is transferred from the European Economic Area to a country that has not been deemed adequate by the European Commission, Kickbooster relies on appropriate safeguards, such as European Commission approved Standard Contractual Clauses to transfer the personal information.
18. California Privacy Rights
This section provides additional details about California users and the rights afforded to them under the California Consumer Privacy Act or (“CCPA”). If you need to access this notice in an alternative format, please contact us as provided in Section 19.
Under the CCPA, “personal information” is defined as anything that identifies, relates to, describes or is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular California consumer of household. For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see Section 2. We collect this information for the business and commercial purposes described in Section 3. We share this information with the categories of third parties described in there. Kickbooster does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Please note that we may use third-party cookies for our advertising purposes as further described in Section 13 above.
The CCPA requires opt-in consent to information use for minors under the age of 16 and verified parental consent for children under the age of 13. As stated in Section 6, We do not knowingly collect or process the information of children.
Subject to certain limitations, the CCPA provides California users the right to request, free of charge, to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.
California users may make a request pursuant to their rights under the CCPA by contacting us as provided in Section 19. We will verify your request using the information associated with your account, including email address. Government identification may be required. Users can also designate an authorized agent to exercise these rights on their behalf.
19. Contact Us
Kickbooster Privacy Officer
Mailing Address: 50 Fultz Boulevard, Winnipeg, Manitoba, Canada R3Y 0L6
Telephone No.: 1-204-808-8095
E-mail: [email protected]
21. Withdrawing Consent
You may withdraw your consent to the collection, use or disclosure of your personal information by Kickbooster at any time, subject to legal or contractual restrictions and reasonable notice. In certain circumstances, your withdrawal of consent may result in the inability of Kickbooster to continue providing aspects or optimization of the Service to you. Please contact Kickbooster for more information regarding the implications of withdrawing consent.
22. Unsubscribe from Commercial Electronic Messages
We may send you commercial electronic messages (such as marketing or promotional messages) if you have:
- provided us with your express consent to receive these messages;
- recently purchased or leased a product or service from us;
- entered into a contract with us or some other form of business relationship with us;
- requested information from us; or
- applicable law otherwise permits us to send commercial electronic messages to you.
If you no longer wish to receive commercial electronic messages from Kickbooster regarding our new products or services, promotions or other similar communications, there are several ways to unsubscribe. Every email that we send includes an unsubscribe button at the end. You can also adjust your preferences in your profile settings by accessing the Profile button at the bottom left corner of your screen. From there, you can access your Account Settings page. Within that page, you can adjust your preferences within the “Email Preferences” section. Please note that, after you unsubscribe, Kickbooster may still send electronic communications to you in certain limited circumstances, such as to provide you with Service notifications and billing information, or to provide information that Kickbooster is legally obligated to provide you.
Date: March 22nd, 2021