Last update: 29 OCTOBER 2021
The Livekindly Company, Inc. and its subsidiaries and affiliates worldwide (“Livekindly”, “we”, “our”) take your privacy seriously, and this Privacy Policy (“Policy”) sets out how we collect, use, and protect your data as well as your related legal rights. Please read it carefully. This Policy is designed to apply on a global basis and to cover all of our global websites, our digital properties and communications(including any texts, emails or other electronic communications with you), and any other webpage or URL that links to this Policy (collectively, the “Website”).
Because of its global applicability, some information in this Policy applies only to those from or accessing the Website from certain states, countries, or other jurisdictions. By accessing or interacting with the Website, you confirm that you have read and understand this Policy and consent to the collection, use and sharing of your information as described in this Policy and our (“Terms”). If you do not agree to the practices outlined in this Policy or our Terms, your choice is not to use our Website. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
We also recommend that you read our Terms, which govern how we provide services and incorporate this Policy. Any terms used in this Policy without definition have the meaning provided in the Terms.
Users with a disability can access this Policy in an alternative format by contacting privacy@thelivekindlyco.com.
I. What This Policy Covers
II. Data We Collect
III. How We Use Your Information
IV. How We Protect Your Information
V. How We Store And Retain Your Information
VI. How We Share Your Information
VII. Cookies, Tracking, Advertising and Opt-Out Information
VIII. Children Under the Age of 16
IX. Rights Specific to the European Economic Area (EEA) and United Kingdom
X. Rights Specific to South Africa
XI. California Consumer Privacy Act Statement and Special Rights of California Residents
XII. Changes To This Policy
XIII. How To Contact Us
This Policy describes how we collect and treat Personal Data when you access or use our Website or services offered on the Website. Personal Data is any information that identifies or relates to a specific person and may be referred to in applicable rules, laws or regulations as “personally identifiable information”, “personal data”, or “personal information.” This Policy does not extend to the practices of third parties that are not owned, managed or controlled by Livekindly.
Types of Personal Data:
Livekindly may collect the following types of Personal Data from you when you access or interact with our Website:
Sources of Personal Data:
Livekindly may gather and combine Personal Data received from information that (i) you voluntarily provide to us, (ii) we collect automatically, and (iii) we receive from third parties.
A. Information You Provide:
When you sign up for a mailing list, or, as applicable, register for an account with or purchase a product from Livekindly, you may be asked to provide Personal Data in order to complete your profile, process your requests, and personalize your services. In addition, you may be asked to provide personal information to access certain services or Website functions and special features, such as surveys or promotions. You may also provide us with Personal Data if you choose to send us an email or otherwise contact us or other users through Livekindly’s platforms or email addresses.
B. Information We Collect Automatically:
When you use Livekindly’s Website, some information is collected automatically through your mobile device or web browser, applications or software that you download or use and which may transmit information, or Cookies and tracking technologies, which are further described in Section VII. Automatically collected information may include geolocation, device, browser, and usage information.
C. Information From Third Parties:
To the extent permitted by law, we may collect Personal Data from our affiliates, business partners, or other third parties, such as supplemental information for identity verification, fraud detection, safety, integration of our Services with the services of a business partner, and enhancement of our business through marketing products and services. If you choose to use integrated services, we may also receive Personal Data as part of that integration.
We may use the Personal Data we collect from you to:
We also collect anonymous information when you navigate our Website or use related services. We use this information to make improvements to our Website and services, personalize your experience, and measure Website traffic.
When you provide us with your email address, we may use it to send you information, respond to requests, process orders, send order confirmations, and send you other information related to our services. You have the right to unsubscribe from receiving future emails at any time, and can do so by following the instructions at the bottom of any email we send to you or contacting privacy@thelivekindlyco.com.
Your personal information is protected behind secured networks. In addition, all of the personal information you provide on our website is encrypted via Secure Socket Layer (SSL) technology, as is any connection you complete on our website that requires you to submit personal information.
If you submit payment information for processing via a third-party payment processing platform, that information will be stored securely by the third party and is never stored on Livekindly servers. The third-party platforms that Livekindly uses are subject to change from time to time but currently include Stripe, PayPal and Mollie. You can access their privacy policies for more information:
We run regular virus, malware, and vulnerability scans on our Website. If any data breaches are ever detected on our Website, you will be notified via the Website and via email, if you have provided us with your email address.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of any information transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
We store your Personal Data securely on our Website and servers or with third parties.
We will keep your Personal Data until you delete your account or request deletion, for as long as we have a legitimate business need to do so, or as required by law for tax, legal, accounting or other purposes, whichever is the longer.
If you have elected to receive our marketing communications, we generally retain information about such preferences until you opt out of these communications.
Periodically we will review our data retention practices to determine the appropriate retention period for your Personal Data, considering the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, the purposes of use and retention and whether such purposes can be achieved through other means, and any applicable legal requirements. We may anonymize your Personal Data in some cases so that it can no longer identify you, in which case it is no longer Personal Data.
We may share your Personal Data and other information with the following third-parties:
In general, your personally identifiable information will not be shared with third parties unless we give you advance notice.
Your non-personally identifiable information may be provided to third parties for purposes such as marketing or advertising, including Google Analytics, Facebook Pixel, and Google Adwords.
We also use social networking buttons provided by Facebook, LinkedIn, and Google+. Your use of these buttons is optional, and is governed by the privacy policies of the respective services.
What Are Cookies?
Cookies are small data files placed on your computer or mobile device at the request of a website to enable recognition of users who have previously visited and to retain certain information such as user preferences and history. Cookies can be set onto your computer or mobile device by us or by others. “First party Cookies” are those set by us and allow us to provide you with our services and enable our website to function. Cookies set by anyone other than Livekindly are called “third-party cookies” and enable third-party features or functionality that are provided on or through the Website, such as advertising, interactive content and analytics. The third party that sets these Cookies may be able to recognize your computer both when it visits our Website and also when it visits certain other websites.
The Following Cookies May Be In Use On Our Website:
Essential Website Cookies: These Cookies are strictly necessary to provide you with available services through our Website and to use some Website features, such as accessing secure areas.
Performance and Functionality Cookies: These Cookies are used to enhance the performance and functionality of our Website but are non-essential to use the Website or access services. However, without these Cookies, some Website features, such as videos, may not be available.
Analytics and Customization Cookies: These Cookies collect information that is used either in aggregate form to help us to customize our Website for you and to understand our efficiency and effectiveness with, for example, Website use or marketing campaigns.
Advertising Cookies: These Cookies are used to make advertising messages more relevant for you by, for example, preventing the same advertisement from appearing multiple times, ensuring proper display of advertisements, and selecting advertisements based on your interests.
Social Networking Cookies: These Cookies may be used for advertising and also allow you to share pages and content from our Website through third party social networking or other websites.
Why Do We Use Cookies?
We use Cookies to store certain information on your computer’s hard drive to make our Website work, to operate our services, and to provide reporting information about our visitors and users so that we can analyze trends and improve our services. Cookies can also be used for web and user analytics so that we can recognize your browser, remember your login information, customize the Website to suit your preferences, gather data on Website traffic and trends, and ensure that each visit you make to Livekindly is as personalized as possible. We or our third-party service providers may use these technologies in emails to help with tasks such as tracking email response rates, identifying when emails are viewed, and determining whether emails are forwarded. Third parties may set Cookies for targeted advertising purposes.
Do I Have To Accept Cookies?
No. You can choose to have your computer warn you each time Cookie are being sent or refuse to accept all Cookies through your browser settings.
However, if you choose to completely disable Cookies, some features of the website may not work properly.
Do You Gather Other Web Data Besides Cookies?
Livekindly may also use pixel tags, web beacons (small pieces of code that communicate when a webpage or content has been viewed), log data (logs created that include IP address, date and time of activity), clear GIFs and JavaScript on our Website.
How Can I Opt Out?
There are several ways you can opt out of advertising, tracking and other web data collection. First, with regard to emails you may receive from us, you can always opt out of emails that are not essential to services within the email itself. For online advertising, you can look for an AdChoices logo (the blue triangle) in the corner of the ad. Click the logo to learn more about interest-based advertising and who served the ad as well as to manage your ad options. If you would like more information about your options with regard to digital advertising, including opting out, the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”) provide more information. For your mobile device, click here .
Our Website is not intended for children under 16 years of age. No one under age 16 is permitted by us to provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@thelivekindlyco.com.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.
This section pertains only to data subjects to whom the European Union and United Kingdom General Data Protection Regulation (“GDPR”) applies.
Who Is The Data Controller Of Your Personal Data?
Livekindly is the Data Controller within the meaning of GDRP Article 4.7 with respect to all Personal Data collected through the Website. We are responsible for, and control the processing of, your Personal Data with respect to personal information collected through the Website. Personal Data as used in this Policy covers all information defined as personal data under GDPR Article 4.1. You can contact us with questions or concerns via the contact details located at the end of this Policy.
Why Do We Collect and Use Your Personal Data?
This section refers to the legal justifications under GDPR only. The reasons for using your Personal Data may differ depending on the collection purpose, but most often, we use your Personal Data on the following legal grounds:
How Long Do We Store Your Personal Data?
We will store your Personal Data for as long as necessary to fulfil the purposes for which we collect it, in accordance with our legal obligations and legitimate business interests, except if required otherwise by law.
Your Rights Under The GDPR
You have the following rights with respect to your Personal Data:
If you wish to exercise one of these rights, please contact us at privacy@thelivekindlyco.com or using the contact details found at the end of this Policy. You also have the right to complain to your local data protection authority, which you can learn more about here.
We also have an external Data Protection Officer for the EU and UK, whom you can contact:
Prof. Dr. Christoph Bauer
ePrivacy GmbH
Große Bleichen 21
20354 Hamburg
Germany
+49 40 609451 810
This section pertains only to data subjects in South Africa to whom PAIA and POPIA legislation applies.
The Promotion of Access to Information Act 2000 (“PAIA”) and the Protection of Personal Information Act 2013 (“POPIA”) provide legal rights in connection with personal data held by public and private bodies (like Livekindly), including information about and protection in relation to how that information is processed and stored.
We have compiled a manual that explains your specific rights under PAIA and POPIA, including the steps required to make a request for information in accordance with the provisions of PAIA, and how to enforce your rights under POPIA. You can find the manual here.
We also have a designated Information Officer responsible for managing compliance with PAIA and POPIA and requests for access to records. Such requests must be made in accordance with specific provisions of PAIA, so please look through the manual to obtain proper guidance. Only requests that meet the requirements of PAIA will be granted. The contact details for our Information Officer are:
Name: Kieran Bauristhene
Address:Fry Group Foods (Pty) Ltd, 8 Ficus Place, Mahogany Ridge, Westmead, 3610 Westville, 3635, KwaZulu-Natal ,South Africa
Phone: +27 31 700 3022
E-mail: privacy@thelivekindlyco.com
California Residents: Supplemental Privacy Policy
This section pertains only to California residents to whom the California Consumer Privacy Act (“CCPA”) applies. The Livekindly Privacy Policy in addition to the chart below address the required disclosures about your Personal Information. The California supplement to the Livekindly Privacy Policy is an overview of the information required by the CCPA and provides instructions on how to exercise the rights granted by the CCPA.
This supplement applies to Personal Data we collect through our Website or provision of services, whether online or offline; however, Personal Data we collect from our employees, job applicants, or service providers in the course of provision or receipt of business-related services is exempted (so long as such information is collected in those capacities).
Collection and Disclosure
Within the last 12 months, Livekindly may have collected and disclosed categories of personal information collected as follows:
Category | Examples | Collected |
Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. | No |
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | No |
C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | No |
Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | No |
Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No |
Internet or other similar network activity. | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | Yes- we retain information on consumer interaction with our website. This information is anonymized. |
Geolocation data. | Physical location or movements. | Yes- this is anonymised |
Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | No. |
Professional or employment-related information. | Current or past job history or performance evaluations. | No. |
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No. |
K. Inferences drawn from other personal information | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | No. |
Sale of Personal Information:
Livekindly does not sell your personal information to third parties and will not do so in the future without providing you with notice and an opportunity to opt out of such sale as required by law. If the term “sell” under the CCPA were to include advertising activity as described in this Policy, then Livekindly will comply with any related legal requirements.
Notice of Collection:
This Policy provides full information on our collection and use of Personal Data. Livekindly may collect or has collected the following CCPA-specific categories of information for the purposes of providing our Services, marketing, and advertising:
Rights Specific to California Residents:
California residents may take advantage of the following rights:
We periodically review and update this Policy and reserve the right to make changes, which take effect immediately upon posting. Whenever we make a change that is substantive or retroactive, or if required by law to seek consent, we may provide you with notice by email (if you have provided us with your email address and not opted out of such communications) or through our Website. We encourage you, however, to review this Policy periodically to check for updates. Whenever we make a change to this policy, you shall be deemed to have notice of those changes, and to agree if you thereafter use our Website or services. The last revised date of the Policy will be posted for your convenience.
If you have any questions or comments regarding this Policy, including complaints or requests about how we collect, use, or retain your Personal Data, in addition to the country-specific contact methods outlined above, you can also contact us via these methods:
Postal Address: 6 St Johns Lane, New York, New York 10013
Email: privacy@thelivekindlyco.com
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