KlikFix Landing Page

Klikfix | Privacy Policy

Effective January 11, 2021

Klikfix LLC (“Klikfix”) respects and values its Licensees’ privacy. This Privacy Policy (the “Policy”) describes the information Klikfix collects from Licensees when they download the Klikfix Mobile App and and / or visit http://klikfix.com and utilize the services provided thereon (collectively, the “Platform”), how Klikfix uses that information, and under what circumstances Klikfix may or does disclose that information. This Policy should be read in conjunction with the Klikfix End User License Agreement available at https:// klikfixapp.com/privacy-policy.

1. Policy Introduction.

a. Purpose. We are committed to safeguarding the privacy of our Platform visitors and users (collectively “Licensees”). This Policy applies where we are acting as a data controller with respect to the personal data of our Licensees (“Licensee Information”) by determining the purposes and means of processing that Licensee Information.

b. Data Controller. In this policy, “we,” “us,” and “our” refer to Klikfix LLC, or “Klikfix.” For more information about Klikfix, see Section 16.

2. How We Use Your Personal Data.

a. Licensee Information Use Introduction. In this Section 2 we set out: (i) the general categories of Licensee Information that we may process; (ii) in the case of Licensee Information that we did not obtain directly from you, the source and specific categories of that data; (iii) the purposes for which we may process Licensee Information; and (iv) the legal bases of the processing.

b. Processing of Usage Data. We may process data about your use of the Platform (“Usage Data”). Usage Data may include your IP address, geographical location, browser type and version, device information, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the Usage Data is our analytics tracking system. Usage Data may be processed for the purposes of analyzing the use of the Platform. The legal basis for this processing is your consent hereunder and our legitimate interests, namely monitoring and improving the Platform and content and user experience we provide therewith.

c. Processing Account Data. We may process data associated with your Licensee account (“Account Data”). The Account Data may include your name, business name, physical address, telephone number, email address, language, geographic region, and real-time location. The source of the Account Data is, generally, you. The Account Data may be processed for the purposes of operating the Platform, providing our services, identify you to other Licensees (e.g., Third Party Service providers or customers) ensuring the security of the Platform and services, maintaining back-ups of our databases, monitoring your use of our Platform and services, and communicating with you. The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper administration of our Platform and business.

d. Processing Service Data. We may process your Licensee Information that is provided in the course of the use of our services (“Service Data”). The Service Data may include data concerning your use of the Platform, content and resources accessible thereon, and behavior therewith. Service Data may also include Licensee Information that is submitted to the Platform in the form of Licensee Submissions including pricing, availability, and other information related to services being offered through the Platform. The source of the Service Data is, generally, you or your agents who are utilizing the Platform. Service Data may be processed for the purposes of operating our Platform, providing our services, enabling Third-Party Service providers to perform their services, ensuring the security of our Platform and services, maintaining back-ups of our databases and communicating with you. Service Data may also be processed for: (i) negotiations on the conclusion or amendment of contracts; (ii) the performance of contracts and the provision of services thereunder; (iii) the performance of legal obligations with respect to contracts; (iv) billing of contract claims and performance of payment obligations thereunder; (v) performance of accounting and tax obligations; (vi) debt collection and the enforcement of other claims; (vii) evaluation of the solvency of customers; (viii) contacting the Licensee; and (ix) marketing activities including, without limitation, the management of customer records, marketing surveys, customer satisfaction surveys, and Licensee outreach. The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper administration of our Platform and business.

e. Processing Publication Data. We may process information that you post for publication on our Platform or through our services (“Publication Data”). Publication Data may be processed for the purposes of enabling such publication, allowing Licensee to communicate across the Platform, and administering our Platform. The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper administration of our Platform and business.

f. Processing Inquiry Data. We may process information contained in any inquiry you submit to us regarding goods and/or services (“Inquiry Data”). The Inquiry Data may be processed for the purposes of, directly or indirectly, offering, marketing, and selling relevant goods and/or services to you. The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper administration of our Platform and business.

g. Processing Licensee Relationship Data. We may process information relating to our customer relationships, including Licensee contact information (“Licensee Relationship Data”). Licensee Relationship Data may include your name, your contact details, and information contained in communications between us and you. The source of the Licensee Relationship Data is, generally, you. Licensee Relationship Data may be processed for the purposes of managing our relationships with users, communicating with users, keeping records of those communications, and promoting our products and services to users. The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper management of our customer relationships.

h. Processing Transaction Data. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our Platform (“Transaction Data”). Transaction Data may include your contact details, truncated payment card details, Stripe^® or other payment processor IDs, and transaction details. Transaction Data may be processed for the purpose of supplying, through third-parties (e.g., Third Party Service providers) the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our Platform and business.

i. Processing Notification Data. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“Notification Data”). Notification Data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is your consent hereunder and our taking steps, at your request, to correspond with you in those fashions.

j. Processing Correspondence Data. We may process information contained in or relating to any communication that you send to us (“Correspondence Data”). Correspondence Data may include the communication content and metadata associated with the communication. Our Platform will generate the metadata associated with communications made using any Platform contact forms. Correspondence Data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper administration of our Platform and business and communications with users.

k. Processing Data for Legal Claims. We may process any of your Licensee Information identified in this policy where necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights, and the legal rights of others.

l. Processing for Risk Management. We may process any of your Licensee Information identified in this Policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

m. General Purposes of Processing Licensee Information. In addition to the foregoing, we may also process any of your Licensee Information where such processing is necessary for compliance with a legal obligation to which we are subject, in order to protect your vital interests or the vital interests of another natural person, or as necessary to process any transaction.

n. Disclosure of Third-Party Licensee Information. Please do not provide any other person’s Licensee Information to us, unless we prompt you to do so.

3. How We Disclose Licensee Information.

a. Intra-Group Disclosures of Licensee Information. We may disclose your Licensee Information to any member of our organization, including its parents and subsidiaries as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our company and organization can be found herein.

b. Disclosure of Licensee Information to Insurers and Advisers. We may disclose your Licensee Information to our insurers and/or professional advisers as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

c. Disclosure of Licensee Information to Payment Services Providers. Financial transactions relating to our Platform and services are handled by our payment services providers (e.g., Stripe^®). We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your transactions, payments, refunding such payments as provided for in the EULA, and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services provider’s privacy policies and practices at https://stripe.com/privacy.

d. Disclosure of Licensee Information to Third-Parties. We may disclose your Licensee Information to one or more of those selected third-party suppliers of goods and services identified on our Platform, including Third-Party Service providers who are Licensees, for the purpose of enabling them to contact you so that they can offer, market, and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, if available, which will govern that third party’s use of your Licensee Information.

e. Disclosure of Licensee Information Necessary for Legal Compliance, etc. In addition to the foregoing, we may disclose your Licensee Information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person, or as necessary to process any transaction. We may also disclose your Licensee Information where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. International Transfers of Your Licensee Information.

a. Introduction to International Licensee Information Transfers. In this Section 4, we provide information about the circumstances in which your Licensee Information may be transferred to countries outside the European Economic Area (EEA).

b. International Transfers within Business. We have offices and facilities in the United States. The European Commission has made an “adequacy decision” with respect to the data protection laws of the United States. Transfers to the United States will be protected by appropriate safeguards, namely the Federal Trade Commission Act (15 U.S.C. §§ 41-58), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.) and the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and the Stored Communications Act (18 U.S.C. § 2701, et seq.).

c. International Transfers to Hosting Services Provider. The hosting facilities for our Platform are situated in the United States. The European Commission has made an “adequacy decision” with respect to the data protection laws of the United States. Transfers to the United States will be protected by appropriate safeguards, namely the Federal Trade Commission Act (15 U.S.C. §§ 41-58), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.) and the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and the Stored Communications Act (18 U.S.C. § 2701, et seq.).

d. International Transfers to Subcontractors. Our subcontractors are situated in the United States. The European Commission has made an “adequacy decision” with respect to the data protection laws of the United States. Transfers to the United States will be protected by appropriate safeguards, namely the Federal Trade Commission Act (15 U.S.C. §§ 41-58), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.) and the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and the Stored Communications Act (18 U.S.C. § 2701, et seq.).

e. Publication of Licensee Information on Internet. You acknowledge that Licensee Information that you submit for publication through our Platform or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such Licensee Information by others.

5. Retaining and Deleting Licensee Information.

a. Data Retention Introduction. This Section 5 sets out our data retention policies and procedures which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of Licensee Information.

b. Licensee Information Retention Default Rule. We will retain your Licensee Information indefinitely, subject to applicable law and the provisions of this Policy.

c. Licensee Information Retention Criteria. In some cases, it is not possible for us to specify in advance the periods for which your Licensee Information will be retained. In such cases, we will determine the period of retention based on the following criteria:

i. our reasonable necessity for retaining the Licensee Information, pursuant to this Policy; and

ii. our obligations to delete this information, pursuant to this Policy.

d. Licensee Information Deletion Exception. Notwithstanding the other provisions of this Section 5, we may retain your Licensee Information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Security of Licensee Information.

a. Appropriate Technical and Organizational Security Measures. We will take appropriate technical and organizational precautions to secure your Licensee Information and to prevent the loss, misuse or alteration of your Licensee Information.

b. Licensee Information Stored on Secure Servers and Computers. We will store all your Licensee Information on secure servers.

c. Encrypted storage of Licensee Information. The following Licensee Information will be stored by us in encrypted form: your password(s), using JWT token bearer authentication.

d. Unencrypted Data Sent Over Internet is Insecure. You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the Internet.

e. Password Security. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our Platform confidential and we will not ask you for your password (except when you log in to our Platform).

7. Amendments to this Policy.

a. Amendment by Publication. We may update this Policy from time to time by publishing a new version on our Platform.

b. Check for Changes to the Policy. You should check this page occasionally to ensure you are happy with any changes to this policy.

c. Notification of Changes to the Policy. We may notify you of significant changes to this Policy by email or through the private messaging system on our Platform.

8. Your Rights. The rights enumerated in this section apply to EU residents.

a. Introduction to Data Subject Rights Summaries. In this Section 8, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

b. List of Data Subject Rights. Your principal rights under data protection law are:

i. the right to access;

ii. the right to rectification;

iii. the right to erasure;

iv. the right to restrict processing;

v. the right to object to processing;

vi. the right to data portability;

vii. the right to complain to a supervisory authority; and

viii. the right to withdraw consent.

c. Summary of Right to Access Licensee Information. You have the right to confirmation as to whether or not we process your Licensee Information and, where we do, access to the Licensee Information, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Licensee Information concerned and the recipients of the Licensee Information. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your Licensee Information. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your Licensee Information by accessing your Licensee Account when logged into the Platform.

d. Summary of Right to Rectification of Licensee Information. You have the right to have any inaccurate Licensee Information about you rectified and, taking into account the purposes of the processing, to have any incomplete Licensee Information about you completed.

e. Summary to Right to Erasure of Licensee Information. In some circumstances you have the right to the prompt erasure of your Licensee Information. Those circumstances include: (i) the Licensee Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (ii) you withdraw consent to consent-based processing; (iii) you object to the processing under certain rules of applicable data protection law; (iv) the processing is for direct marketing purposes; and (v) the Licensee Information has been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: (i) for exercising the right of freedom of expression and information; (ii) for compliance with a legal obligation; or (iii) for the establishment, exercise or defense of legal claims.

f. Summary of Right to Restrict Processing of Licensee Information. In some circumstances you have the right to restrict the processing of your Licensee Information. Those circumstances are: (i) you contest the accuracy of the Licensee Information; (ii) processing is unlawful but you oppose erasure; (iii) we no longer need the Licensee Information for the purposes of our processing, but you require Licensee Information for the establishment, exercise or defense of legal claims; and (iv) and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Licensee Information. However, we will only otherwise process it: (i) with your consent; (ii) for the establishment, exercise, or defense of legal claims; (ii) for the protection of the rights of another natural or legal person; or (iv) for reasons of important public interest.

g. Summary of Right to Object to Processing of Licensee Information. You have the right to object to our processing of your Licensee Information on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: (i) the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or (ii) the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise, or defense of legal claims.

h. Summary of Right to Object to Processing of Licensee Information for Direct Marketing. You have the right to object to our processing of your Licensee Information for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your Licensee Information for this purpose.

i. Summary of Right to Object to Processing of Licensee Information for Research Purposes. You have the right to object to our processing of your Licensee Information for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

j. Summary of Right to Licensee Information Portability. To the extent that the legal basis for our processing of your Licensee Information is your consent hereunder or that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your Licensee Information from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

k. Summary of Right to Complain to Data Protection Supervisory Authority. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

l. Summary of Right to Withdraw Consent to Licensee Information Processing. To the extent that the legal basis for our processing of your Licensee Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

m. Exercise of Data Subject Rights. You may exercise any of your rights in relation to your Licensee Information by written notice to us, in addition to the other methods specified in this Section 8.

9. Third-Party Platforms.

a. Hyperlinks to Third-Party Platforms. Our Platform may include hyperlinks to, and details of, third-party websites.

b. No Responsibility for Third-Party Privacy Policies. We have no control over, and are not responsible for, the privacy policies and practices of third parties.

10. Licensee Information of Children. The Platform is targeted or use by adults. We do not target or create special areas for use by children. Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any personal information from children under the age of 13 years. HOWEVER, WE HEREBY ADVISE ALL VISITORS TO THE WEBSITE UNDER THE AGE OF 13 NOT TO DISCLOSE OR PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online for more information about this Act), we will delete the child’s personally identifiable information from our files to the extent possible.

11. Updating Information. Using the contact information contained herein, please let us know if the personal information that we hold about you needs to be corrected or updated.

12. Cookies.

a. What are cookies? A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

b. Persistent and Session Cookies. Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date. A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

c. Cookies and Personal Information. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13. Our Details.

a. Platform Operator Name. This Platform is owned and operated by Klikfix LLC.

b. Company Registration Details. We are registered in Illinois, United States, under registration number 07110758 and our registered office is at 1101 Glenlake Ave. Park Ridge, IL 60068 United States.

c. Place of Business. Our principal place of business is at 1101 Glenlake Ave. Park Ridge, IL 60068 United States.

d. Contact Information. You can contact us:

i. by post, to the postal address given above; or

ii. by email, using the email address published on our Platform from time to time.

14. Data Protection Registration.

a. Registered with ICO. We are not registered as a data controller with the UK Information Commissioner’s Office.

b. Data Protection Registration Number. We do not maintain a data protection registration number.

15. Representative within the European Union. We do not maintain a representative within the European Union.

16. Data Protection Officer. We do not maintain a data protection officer registration. Any queries about data protection may be sent to us at, Attention PRIVACY, at the contact information set forth herein.

17. Do-Not-Track. To the extent do-not-track implementations from Licensee’s browser(s) prevent or impede the delivery of data or information provided through the Platform, those do-not-track implementations are not honored.

Klikfix Privacy Policy