Information Provided by Users

Kyvol collects a variety of information that you provide directly to us, including any information that may be contained in videos, comments, or other submissions you upload or post to the Services. Kyvol may collect information from you in the contexts of: Account registration and administration of your Kyvol account; Uploads or posts to the Services; Contest registration and prize acceptance; Customer support and technical assistance; Processing your order for products or services offered by Kyvol; Registration of your Kyvol products; Providing updates to you regarding your Kyvol products; Obtaining Kyvol device (such as a camera) firmware and application software updates; Newsletter subscriptions; Access to Kyvol products or services on social networks or third party services; Services provided online, by way of your mobile device or the Kyvol software; Other uses of the Services where information is requested for use and/or participation. The specific types of information collected will depend upon the Services you use, how you use them, and what you choose to provide and may include your full name, email address, phone number, product serial number, home address, mobile phone number, credit card information, shipping address, gender, birth date, and zip code. Our mobile services may request your Wi-Fi network name and access to your photos and videos to enable you to download photos and videos to your computer/mobile device or upload photos and videos to your Kyvol account or social media accounts. Those who win a prize in our contests may be required to provide their social security number and other identification for tax purposes, which will only be used for prize fulfillment purposes. When you shop through our web store, we may collect data such as the purchases you have made, items in your shopping cart, and how often you make purchases. We also collect information you choose to include in your Kyvol account, including, but not limited to, videos and photos.

*Information We Automatically Collect

When you use Kyvol's Services that connect to the Internet, including, but not limited to, when you access the Services via Kyvol devices, applications (web, mobile, desktop software, connected TV and games console), your Kyvol account, and our websites and web store, we may collect certain information as described below for such purposes as improvement of our products and software services, troubleshooting bugs, providing the Services, managing the Services, security and monitoring purposes, tracking and analyzing usage, providing content for referring traffic sources and improving overall performance of the Services. We may use third party analytic providers and technologies, including cookies and similar tools, to assist in collecting this information.

Websites

When you use our websites (including our web store), we may collect and analyze information about your computer or mobile device such as your IP address, a mobile device identifier (e.g., an IDFA on Apple products like the iPhone and iPad or similar advertising identifiers), browser types, browser language, operating system, the state or country from which you access the Services, referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services and upload or post content, error logs, and other similar information. We monitor customer traffic patterns and site usage to help us develop the design and layout of the site, and to improve the content of our website to better match the interests of our website users.

Kyvol Devices

When you connect your Kyvol device to the Internet or to a Kyvol desktop software application (discussed below), we may automatically receive certain information about your Kyvol device and your use of it, including camera type, serial number, IP address, firmware version, log files, camera modes, settings, duration, error rates, and other similar usage information. This information helps us to improve our products and services, troubleshoot bugs, and analyze camera errors.

Mobile Software Applications

When you use a Kyvol mobile application we may automatically receive certain information about your mobile device and use of the application, including a mobile device identifier (e.g., a UDID or IDFA on Apple products like the iPhone and iPad or similar advertising identifiers), operating system, version, IP address and other similar information, such as time spent in different portions of the Kyvol mobile application. We may also collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), as detailed further below.

Location Information

When you install our mobile applications, you will, if legally required, be asked to grant access to your mobile device’s geolocation data. If you grant such permission, we may collect information about your precise geolocation information (i.e., your real-time geographic location), and may use that information to customize the Services with location-based information and features. If you access the Services through a mobile device and you do not want it to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your mobile device, provided that your mobile device allows you to do that. See your device manufacturer’s instructions for further details. We may also be able to collect location information through your use of a Kyvol device. If so, we will ask you before this information is captured and you will be given the opportunity to turn it off.

Information from Other Sources

Kyvol may receive information about you from third parties, such as commerce partners, marketers, social network services, connected TV and entertainment apps, and other parties that we may use to supplement the information that we collect directly from you. If you connect to a third party network (such as a social network), platform, or service through the Services, you are authorizing us to collect, store, and use in accordance with this Privacy Policy any and all information (such as name, email address and location) that you agreed the network or other third party platform could provide to Kyvol based on your settings on the third party network or platform. Your agreement takes place when you connect with the third party network, platform, or service via our Services, and/or when you connect with one of our applications through one of these services.

Anonymous or De-Identified Data

We may collect data that is already in anonymized or de-identified form or we may manually anonymize and/or de-identify information collected by the Services or via other means so that the information does not identify you. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation for any purpose.

How We Use the Information We Collect

We use information we collect through Kyvol Products and Services in a variety of ways in providing the Kyvol Products and Services and operating our business. We will ensure that the use of information is generally required under the user agreements we have with you, or is in our legitimate interest as part of the Kyvol Products and Services we provide, or is with your consent. The use of information that we collect includes the following:

We use the information that we collect through Kyvol Products and Services to operate, maintain, enhance and provide features of the Kyvol Products and Services, to verify and manage Kyvol user accounts, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time by Kyvol.

We use the information that we collect through Kyvol Products and Services to understand and analyze the usage trends and preferences of our users, to improve the Kyvol Products and Services, and to develop new products, services, features, and functionality. We will process your personal data in accordance with your preferences, which are expressed via Kyvol Products and Services.

We may use your information to contact you for administrative and informational purposes, including for customer service. We may send direct marketing such as communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. If you are an individual or consumer, we will only send you direct marketing with your consent or as permitted by applicable law. You may send unsubscribe requests or withdraw your consent at any time.

We may use information we collect to: (i) personalize Kyvol Products and Services; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Kyvol Products and Services and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) review your entries, submissions, and status in any promotions or other activities involving Kyvol Products and Services. Where we do not do this with anonymized or aggregated data we will process the data in connection with the user agreement or where it is in our legitimate interest or where you have provided consent and where you have not objected or withdrawn any prior consent given.

We will not disclose your information that we collect through Kyvol Products and Services to third parties except as described in this Policy or as we disclose to you at the time the information is collected. We may disclose information to third parties in the following circumstances:

We may share your information with our parent company, affiliates and subsidiaries globally in order to provide you with Kyvol product and services.

Any information that you voluntarily choose to upload to a publicly accessible site or venue using Kyvol Products and Services (including Kyvol’s online community forum), or that you elect to make public, will be available to anyone who has access to that content, including other users.

We work with third party service providers to provide payment facilitation, parcel transportation, application development, hosting, maintenance, flight environment data, account verification, and other services for us. We require these service providers to use or disclose, the information they process on our behalf, only as necessary to perform services on our behalf or comply with legal requirements.

We may preserve and disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena, warrant or request, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to preserve and disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activities, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Kyvol Products and Services and any facilities or equipment used to make the Kyvol Products and Services available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

Kyvol uses a third party verification service provider to verify certain users of Kyvol Products and Services and Kyvol may disclose information to this service provider. The service provider may retain credential information provided as part of account verification for compliance and other purposes and may provide such information, as well as your user login ID or email address, to government authorities, law enforcement agencies, regulatory agencies and other duly authorized parties as may be required by or permitted under applicable laws. We require this service provider by contract to use or disclose, the information they process on our behalf, only as necessary to perform services on our behalf or comply with legal requirements. If you consent to our disclosure of information to a third party, such as business partners, or as otherwise authorized under applicable law.

Information about our users, including information you provided and any information collected through Kyvol Products and Services, may be disclosed and otherwise communicated to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

We may make certain aggregated, de-identified, or non-identifying information about users of Kyvol Products and Services available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; (iii) product safety analysis; or (iv) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality of Kyvol Products and Services.

Your Rights and Choices you have regarding this information

You can access and update your information on your Kyvol account page. Subject to applicable law, you may have the right to request access to additional information, including the right to request access to and receive certain information about the information we maintain about you, update or correct inaccuracies in the information we maintain about you have the information blocked, deleted, or erased, as appropriate. You also have the right to object to the processing of your information or to withdraw your consent to our processing of information about you, including to the transfer of information to other countries.

Note, however, that if you exercise your right to object or your rights of blocking, deletion or to be “forgotten,” or if you decline to share certain information with us, or if you withdraw your consent to our processing of information about you, we may not be able to provide to you some, or any, of the features and functionality of Kyvol Products and Services.

You may update, correct, or delete certain Kyvol account information and preferences by accessing your account preferences page, available through certain Kyvol Products and Services, including the kyvol.com websites and certain Kyvol mobile applications. If you wish to access or amend any other information we hold about you or exercise any other rights you have under applicable data protection law, you may contact us at support@kyvol.com.

Likewise, if you close your Kyvol account, you will not be able to sign in to Kyvol Products or Services or access any of your information. However, you can open a new account at any time. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit, as authorized under applicable law, for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.

If you receive commercial email or text messages from us, you may unsubscribe at any time by following the instructions contained within the email or text message. You may also opt out from receiving commercial email or text messages from us by sending your request to us by email at support@kyvol.com.

We use Google Analytics to collect and process certain analytics data; Google provides some additional privacy options described at www.google.com/policies/privacy/partners.

Third-Party Services

Kyvol Products and Services may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through Kyvol Products and Services. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through Kyvol Products and Services, and we recommend that you view the privacy policies of each website that you visit.

Children’s Privacy

Kyvol Products and Services are not directed to children under the age of 16. We do not knowingly collect information from children under the age of 16 without obtaining parental consent.

The security of your information is important to us. We use certain physical, organizational, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organizational safeguards.

International Transfers of Personal Data

Kyvol Products and Services connect to servers hosted in the United States, China, and Hong Kong. If you choose to use Kyvol Products and Services from the European Union or other regions of the world, then please note that you may be transferring your information outside of those regions for storage and processing. Also, we may transfer your data from the U.S., China, and Hong Kong to other countries or regions in connection with storage and processing of data, fulfilling your requests, and providing the services associated with Kyvol Products and Services. You should be aware that the local laws in such countries may be different from and offer less protection than the laws applicable in the EEA or elsewhere. For users located in the EEA, your information transferred is protected in a manner that is consistent with how your information will be protected by us in the EEA, such as requiring the data recipients to enter into contracts that include the model contractual clauses approved by the European Commission, or to be certified under the EU-US Privacy Shield. International transfers of data are necessary for the performance of our contract with you that makes available the Kyvol Apps.

Retention of Your Information

We retain your information to provide service to you, or as required by applicable laws or regulations. We aim to retain your information only for the period necessary to fulfil our obligations under this Policy, unless otherwise required or permitted by law.

Changes and Updates to this Policy

We may update this Policy from time to time. If we modify this Policy, we will make it available on or through the Kyvol Products and Services, and indicate the date of the latest revision. We will make reasonable efforts to notify you of the change. Limited by applicable laws, your continued use of Kyvol Products and Services after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of this Policy.

Our Contact Information

Please contact us with any questions or comments about this Policy or our data practices by email at support@kyvol.com