THE LIVEKINDLY COMPANY, INC. PRIVACY POLICY

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

I. WHAT THIS POLICY COVERS

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.

II. WHAT WE COLLECT

Types of Personal Data:

Livekindly may collect the following types of Personal Data from you when you access or interact with our Website:

• Contact information, such as your name, email address, all or part of your postal address, and phone number;
• Where applicable, payment and billing data to us or our third-party service providers, such as bank information; credit card, bank or check numbers; credit card expiration date, billing address, and security code; and tax information as may be necessary for us or our third-party services providers to provide services, including processing payment by customers;
• Commercial and user-specific data, such as order history; profile; past participation in online promotions; communications through our Website; and other information in order to personalize customer services, such as an identification number unique to each user;
• Device information, such as IP address, device ID, and the type of device or operating system used to access the Website;
• Web analytics, such as interactions between websites, the manner through which you accessed the Website, non-identifiable request IDs, and related statistics;
• Tracking and registration, such as hashed identifiers derived from email addresses for the purposes of cross-device tracking for targeted advertising;
• Location Data, which may be general information inferred from your IP address or specific geolocation information; and
• Social Network Site (“SNS”) information if you register via a SNS (like Facebook, LinkedIn, or Google+), such as your name, profile information, gender, networks, user IDs, friends, location, birthdate, email address, photos, videos, people or posts you interact with or follow or who interact with and follow you, and pixel tracking information. SNS sites have their own privacy policies that govern how they use and disclose your Personal Data, and Livekindly has no control over third-party use or disclosure.

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.

III. HOW WE USE YOUR INFORMATION

We may use the Personal Data we collect from you to:

• Personalize our Website based on your preferences and location to improve and customize the content and advertising you see on our Website, while using our Website, and elsewhere across the Internet;
• Process your requests and transactions as efficiently as possible, including to provide you with any requested services or responding to your questions or concerns;
• Make improvements to our Website;
• Send periodic emails and messages regarding your requests, marketing communications, technical notices, updates, and security alerts;
• Administer a promotion, survey, mailing list or other Website feature;
• Share with our business partners or service providers with regard to our services or another legitimate business interest, such as identity verification;
• Carry out marketing activities;
• Conduct research and analysis; or
• Enforce our Terms, including legal compliance and protecting rights, safety, and property.

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.

IV. HOW WE PROTECT YOUR INFORMATION

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:

Stripe
Mollie
Paypal

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.

V. HOW WE STORE AND RETAIN YOUR INFORMATION

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.

VI. HOW WE SHARE YOUR INFORMATION

We may share your Personal Data and other information with the following third-parties:

• Affiliates, Service Providers, and Business Partners: To meet our business and operational needs, perform key functions, and deliver our services, we may share your Personal Data with our third-party service providers, such as hosting, storage, and other information technology; payment processing and financial; email communication and customer or technical support; tax, regulatory or legal; and analytics, marketing, and advertising. Such third parties may access, process, or store your Personal Data. We have no control over the policies and practices of any third-party, and where you choose to access services that involve third- party providers, we advise you to review their privacy and Personal Data usage policies.
• Change in Business Structure: If we undergo a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of services between providers, your Personal Data and other information may be shared or transferred pursuant to the transaction.
• Legal Regulation: If required by law or regulation, including the good faith belief that disclosure is necessary, we may share your Personal Data to (i) comply with a legal obligation or court order, (ii) protect and defend the safety, rights, or property of any person, or (iii) defend ourselves from legal liability, including enforcing our Terms.

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.

VII. COOKIES, TRACKING, ADVERTISING, AND OPT-OUT INFORMATION

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 .

VIII. CHILDREN UNDER THE AGE OF 16

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.

IX. Rights Specific to the European ECONOMIC AREA (EEA) and united kingdom

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:

• in order to perform services or prior to entering into an agreement with you. For example, if you use our Website or if you contact us via our Website, we may use your Personal Data to provide Website features and functionality or to process and respond to your communication. In addition to contact information or information used to communicate with you, we may also use information to manage your account (if any), to enable the Website, or to provide customer support.
• if justified by our legitimate interests, unless these are overridden by your interests and/or legal rights. Use of your Personal Data may also be necessary for our business interests, which may include contacting you, responding to your communications, attending to our business, monitoring our Website (including statistical analysis), providing advertising, identifying potential cyber security threats, complying with legal obligations, and (if necessary) pursuing or defending ourselves against legal claims. If you are already a customer, we may use your name and email address for marketing campaigns. You can object to direct marketing use at any time and for no reason by following the link to unsubscribe at the bottom of our marketing emails or by emailing privacy@thelivekindlyco.com.
• if necessary to comply with regulations, laws or any authority requests. For example, we may disclose your Personal Data to authorities or other officials or otherwise process your Personal Data to meet our legal obligations, such as retaining certain information according to tax or commercial laws.
• if you give consent to use your Personal Data. In some cases, we may ask you to grant us separate consent to use your Personal Data. In such cases, you are free to deny your consent and the denial will have no negative effect on you. You are also free to withdraw your consent at any time without negative repercussions. If you have granted us consent to use your Personal Data, we will use it only for the purposes specified and to which you consented. If you sign up to receive announcements or newsletters via email, you also allow us to use the provided email address for email marketing relating to our Website, products and services, and we may use your Personal Data to send you emails containing newsletters, promotions and special offers. You may unsubscribe from such email marketing at any time by following the link to unsubscribe at the bottom of our marketing emails or sending an email to privacy@thelivekindlyco.com. Please note, however, that unsubscribing may prevent you from receiving email messages regarding updates, improvements, or offers. Your Personal Data is not used for automated individual decision-making.

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:

• Right of access (to obtain access to any Personal Data that we hold).
• Right to rectification (to fix errors in any Personal Data we hold without undue delay where it is inaccurate or incomplete).
• Right to erasure (to have any Personal Data we hold deleted without undue delay in certain circumstances, such as where it is no longer necessary to fulfill the purpose(s) for which it was collected or processed).
• Right to restriction (to limit our processing of your Personal Data in certain circumstances, such as where its accuracy is contested by you, for a period enabling us to verify the accuracy).
• Right to refuse or withdraw consent (to, where the processing is based on consent, either refuse to grant consent or withdraw your consent at any time, without negative effect, with the caveat that withdrawing consent does not change the lawfulness of processing based on consent before the withdrawal).
• Right to portability (to allow you in some cases to move, copy or transfer any Personal Data held by us easily to another organization).
• RIGHT TO OBJECT: YOU HAVE THE RIGHT TO OBJECT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON OUR LEGITIMATE INTERESTS INCLUDING PROFILING, IN WHICH CASE WE WILL STOP PROCESSING YOUR PERSONAL DATA UNLESS WE DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR FOR THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS. YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO OUR PROCESSING OF YOUR PERSONAL DATA FOR PURPOSES OF DIRECT MARKETING, WHICH INCLUDES PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT TO PROCESSING FOR DIRECT MARKETING PURPOSES, YOUR PERSONAL DATA WILL NO LONGER BE PROCESSED FOR SUCH PURPOSES.

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

X. SPECIAL RIGHTS FOR SOUTH AFRICA

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

XI. CALIFORNIA CONSUMER PRIVACY ACT STATEMENT AND SPECIAL RIGHTS OF CALIFORNIA RESIDENTS

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:

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:

•  Identifiers, such as name, postal address, email address, account name, and a unique, user-specific ID number;
• Personal information under the California Customer Records statute (Cal. Civ. Code Section 1798.80(e)), such as education and employment history of job applicants;
•  Protected classification characteristics, such as age or gender, which is protected under California or federal law;
• Commercial information, such as purchases or consuming histories or tendencies;
•  Internet or electronic activity, including history of visiting and interacting with our website, browser type, browser language and other information collected automatically;
•  Geolocation data, including location enabled services such as WiFi and GPS;
• Professional or employment-related information of job applicants or employees or if provided voluntarily by users;
• Education Information for job applicants or if provided voluntarily by users; and
•  Inferences, including information about user characteristics, interests, behavior, and preferences.

Rights Specific to California Residents:

California residents may take advantage of the following rights:

• You may request, up to two times each year, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your Personal Data is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information about you that we sold, the categories of third-parties with whom we have shared your personal information, and the business or commercial purpose for selling your Personal Data, if applicable. You may submit your request to privacy@thelivekindlyco.com.
• You may request that we disclose any financial incentives provided to you by submitting a request to privacy@thelivekindlyco.com.
• An authorized agent may be designated by you to submit requests on your behalf; however, Livekindly requires verification of such permission as well as your identity.
• You may request that we delete any personal information that we have collected from or about you, except in certain circumstances where we may have legal grounds to keep such data. And, in some cases, complying with your request may mean that we no longer have the necessary information required to provide you with future Services. You can send your request to privacy@thelivekindlyco.com.
• We value your privacy and will not discriminate in response to your exercise of privacy rights.

XII. CHANGES TO THIS POLICY

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.

XIII. HOW TO CONTACT US

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