Privacy Statement for Kinephonics

“Kinephonics”  is a service offered by Kinephonics Trading Pty Limited. Through this privacy statement, Kinephonics wishes to inform you of how your personal data are processed and in what form some of these data are made accessible to other users. All personal data are treated with the utmost care at Kinephonics. All the necessary steps are taken to guarantee the security of these data. This privacy statement supplements the General Terms and Conditions of Business of Kinephonics. Please write to privacy@kinephonics.com if you have any queries relating to this document.

The purpose of this Privacy Policy/Statement is to share with you in a clear and transparent way:

  • Which types of personal information are collected and stored and how they are collected and held
  • How we utilise cookies and other technology tracking tools and how you can manage those tools
  • Why we use and store the personal data
  • How we share the personal data and with whom
  • Data security
  • How you manage your rights to access, update and delete your personal data
  • Data Retention
  • How and where we transfer personal data internationally
  • What our policy is regarding the use of the services by Minors
  • Changes to the Privacy Policy
  • Links to Third Party Sites
  • Our Complaints Process
  • How to contact us with any privacy questions or complaints

When we use the term “personal data” in this Privacy Statement, that term means any data that relates to an identified or identifiable natural person. Eg. Name, locate data, unique on-line identifiers. For users within Australia, that term is also intended to cover what is defined as personal information in the Australian Privacy Act 1988 (Commonwealth) and Privacy Principles.

If you are located in the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) related to your Personal Data. Kinephonics will be the controller of your Personal Data processed in connection with the Service.

You are allowed to register as a user because an organization has nominated you or accepted your request to join their designated group on the Kinephonics learning platform. You then gain access to use the Kinephonics information and the information loaded onto that Organization’s separate group page on the Kinephonics platform by the organisation.

We encourage you to read this Privacy Policy carefully.

1. Which types of personal information are collected and stored and how they are collected and held

1.1. Personal data

When you register with us as a user, we record and save your basic data such as name, email address, date of birth and gender together with other contact information such as user name, password and IP address. We may receive further information from you via the website (e.g. if you fill in your personal profile) or if you communicate with us. If you are under 16, we will also record the details of your parent or legal guardian.

The administrators of the organization that has nominated you or accepted you to join their group on the Kinephonics platform will have access  to your first name, surname, gender, age and any other voluntary details that you can save in your profile. They will use this initially to verify your identity and confirm their approval of you participating in the designated group. After that, they will use your personal data to track your use of the group page or if requested by you, assist with your learning.  

We may also receive your personal data from the organization which has nominated you to join their group.

Other data provided voluntarily by you may be shared with the administrator or designated user of the organization within which you are a Kinephonics user; however, you can disable such access at https://www.kinephonics.com. Disabling access may mean that you will not be able to use the Services, if that personal data is necessary to enable you to undertake activities on the group page using  the Services or enable the organization to undertake its legal obligations. Withdrawal of your consent for the organization to use the personal data may also restrict their ability to allow you to undertake activities on their designated group page  within the Services, depending on which data are involved.

1.2. Personal vocabulary

To enable Kinephonics users to conveniently revise their vocabulary, all practiced words and sentences together with all results of exercises are saved in the user’s personal vocabulary. These data can be viewed only by those users, with whom you have chosen to share such information within your designated organization group.

1.3. Face Data

Our Application accesses Face Data and we obtain clear and conspicuous consent from users before any collection or use of their Face Data.

The Face Data is used only in fulfilling a specific service or function for your Application (e.g., a face mesh is used to display an image of the user within the Application). Kinephonics uses Face Data only to the limited extent consented to by the user and only in accordance with the terms clearly set out on this website.  Face Data may be used and stored by Kinephonics in a de-identified or anonymous format for the purposes of scientific research.

Face Data will not be shared unless we have obtained clear and conspicuous consent from the user for the transfer.

Image uploads and image scores -  Kinephonics users can upload their own images and videos for general use in areas such as the shared .  

2. How we utilize cookies and other technology tracking tools and how you can manage those tools

2.1 Cookies

After you have logged in (with user name and password), Kinephonics uses cookies with which you can be identified for the duration of your visit. Cookies are also used generally on the website. Cookies are small files stored on your computer or mobile device which identify the device to our server and also provide additional data. Other technologies such as pixel tags, web bugs, web storage and similar files fulfill the same purpose. A cookie is saved on your computer.

One type of cookie automatically expires after your session has ended. This is called a session cookie. Your user settings, in particular, are saved as session cookies so that Kinephonics can always be used in the form you require. Another permanently stored anonymous cookie contains the version number of your Flash player. When you log in, you also have the option of saving your user name and password locally in encrypted form on your computer. You can save this cookie permanently for automatic log in with the function “Log me in automatically on this computer”. In addition to this, user settings, such as language selection, language recognition settings, user IDs for various applications, are saved in both session cookies and permanent cookies by Kinephonics in order to facilitate the use of Kinephonics.

You switch off the use of cookies for our website or in general in the settings of your Internet browser. You can find out how this functions from the website of your Internet browser supplier. For the Internet Explorer you can find the relevant instructions at http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies, for Firefox athttps://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences, for Apple Safari at http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safariand for Google Chrome at https://support.google.com/chrome/answer/ 95647?hl=en. However, deactivating cookies will mean that a number of functionalities, e.g. automatically logging in to the website, will no longer operate as intended.

2.2. Log files

Each time a page is called up, access data are saved in a protocol file, the server log. The data record that is saved contains the following data: your IP address (by means of which your computer can be unambiguously identified); the remote host (name and IP address of the computer requesting the page); the time, the status, the quantity of data transferred and the Internet page from which you accessed the requested page (referrer); The product and version information of the browser used (user agent).

Kinephonics uses a standardized webserver log file format for this purpose. They are anonymized and the original protocols are deleted. Anonymization takes place by removal or truncation of the IP address by allocating a code not assigned to a user. Any allocation to an identified or identifiable person is therefore no longer possible. Kinephonics uses the protocol data (logs) exclusively in an anonymized form for statistical evaluations In this way, Kinephonics determines, for instance, on which days and at which times Kinephonics is particularly popular and what volume of data is generated on the Kinephonics web servers. Also, Kinephonics can detect possible errors through the log files, e.g. faulty links or program errors, and as a result, use the log files for the ongoing development and refinement of Kinephonics. Kinephonics does not link the page requests and usage information to individual persons.

2.3. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how you use the site. As anonymization is activated for the data we collect, your IP address is truncated by Google within member states of the European Union or in other signatory countries to the Treaty creating the European Economic Area and only then is it transferred to the USA.

Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website in order to compile reports on website activity for the website operator and to provide other services relating to website activity and Internet usage. The IP address transferred by your browser within the scope of Google Analytics will not be combined with other data from Google. You may prevent the saving of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. In addition, you can prevent the data captured by the cookie and relating to your use of the website (incl. your IP address) from being captured and processed by Google by downloading and installing the browser plugin available at the following link at http://tools.google.com/dlpage/gaoptout?hl=en.

More information on the use of the data and privacy policy at Google Analytics is available at http://www.google.com/analytics/terms /us.html or
https://support.google.com/ analytics/answer/6004245?hl=en.Kinephonics uses Google Analytics exclusively in connection with the gat._anonymizeIp(); extension so that IP addresses are only recorded in truncated, i.e. anonymized form.

2.4. Social Plugins

In some cases we also use social plugins on our website. This is done using a technology supplied by “ShareIt”. In the process, social plugins are incorporated from Facebook, Twitter and Google+. In the next section we will tell you about the social plugins used here.

Facebook Social Plugin

Social plugins (“plugins”) from the social network facebook.com (“Facebook”) are used on our website. Facebook is run by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304 in USA.

If you call up a page on our website containing such a plugin, your browser will establish a direct connection with Facebook’s servers. The contents of the plugin are transferred by Facebook directly to your browser which incorporates it in the website.

By incorporating the plugin, Facebook receives the information that you have called up the relevant page on our website. If you logged into Facebook, it can match your visit to your Facebook account.

The purpose of capturing data and the quantity of data collected including the way in which they are processed and used by Facebook and your rights in this regard and setting options to protect your privacy can be taken from Facebook’s data protection information at: http://www.facebook.com/policy.php

If you are a member of Facebook and you do not wish Facebook to collect data on you through our website and link them to your membership data stored by Facebook, you must log out of Facebook before visiting our website.

It is also possible to block Facebook social plugins through add-ons for your browser, e.g. through “Facebook Blocker”.

Use of the Twitter widget

We also use so-called “widgets” from Twitter on our websites. When these web pages are called up, a connection is established with Twitter servers. The Twitter servers are in USA.

When a web page is called up containing a Twitter “widget”, Twitter receives information that you have called up the page. The information includes your IP address, the type of browser, the operating system and the address of the website where the Twitter widget is located.

The Twitter widget also installs a cookie in the browser of your terminal. In connection with the cookie, Twitter can theoretically see which other pages you have visited if there are Twitter widgets implemented on these pages too. Twitter itself states that it may also use these data - if you have a Twitter account - to give you better suggestions on suitable users. According to Twitter, it begins to delete the data after a maximum of 10 days. The deletion itself is then to be completed after a further week at the latest. If you have a Twitter account, you may be able to make further settings on the use of your data in your user account settings.

You will find further information in Twitter’s data protection notice which you can call up here: http://twitter.com/privacy

Use of Google “+1 button”

We also use Google’s “+1 button”. When a web page containing a “+1 button” is called up, a connection is established with Google’s servers. Google’s servers are predominantly to be found in USA. When the page is called up, Google receives the information that you have called up the relevant web page. This applies in particular if you happen to be logged into one of Google’s various services at the time when you call up the web pages.

According to Google, the +1 button is not used to record your visits to websites. In particular, Google states that the browser history is not permanently stored. However, they also say that the data regarding your visit are kept for a period of (normally) two weeks.

If you click on the +1 button, according to Google, information on your Google profile, the address of the website on which the +1 button was selected, your IP address and further information are stored by Google. If you withdraw your recommendation by clicking again on the +1 button, these data are deleted again.

Google also uses cookies to process information on the use of websites. To find out how to handle cookies, please read the relevant passage on cookies in our data protection notice.

We have no influence ourselves over the data which Google collects, processes and uses when you call up a page. Please consult Google’s data protection notice, therefore, which you can call up   here: http://www.google.com/intl/de/
policies/privacy/

2.6. Apps

As well as our website, we also offer apps for various smartphone operating systems. Here too we collect data on the use of the application by means of software from external suppliers for the purpose of detecting and correcting errors and to improve our applications. However, no data are collected in the process from which any external supplier could directly establish any personal connection. We receive aggregated information on how the apps are used and which features are especially popular, and from this information we can draw conclusions for future improvements in product development. You can prevent this analysis by changing this in “settings” on the mobile device on which the app is installed.

In addition, we will also be informed if apps crash - if you have enabled this through your device settings. These so-called crash reports are provided by external suppliers. However, no data are processed from which any external supplier could derive any personal connection.

3. Purpose of storing the data

The purpose of gathering, saving, processing and using the data is to facilitate your experience using the Kinephonics service, to operate, maintain and develop the “Kinephonics” service provided by Kinephonics,and to ensure security. We analyse some of the data for the purposes of promoting new Kinephonics offerings to you and marketing to new customers (as described above). In particular, part of the ongoing development involves the use of anonymous statistics on the usage of the services. We also use the data to comply with our legal obligations. Movement profiles of individual users on the website are not created.

Newsletter and emails

We send you emails for a variety of reasons. These may include confirmations of an order or of a registration. However, communication may also concern information about our services, provided you have not revoked your consent for such usage, which you can of course do at any time at https://www.kinephonics.com. Any email messages we send are saved by us and any emails that may be regarded as business letters will not be deleted during the statutory retention period. We also record any email addresses to which a message could not be delivered in order to request an updated email address. Also, in the case of our newsletter emails, we record (e.g. by means of a so-called “tracking pixel”) whether an email is opened and which links in the email are clicked on; we do so to optimize our offers and tailor their design to meet your needs. We use these data to enable us to send newsletter contents to match your profile. If you wish to object to this use of your data, you can do so by canceling our newsletters. We also use service providers from USA for sending our emails.

4. How we share data with third parties and with whom

Kinephonics does not forward the personal data of its users to third parties unless the user has given his/her explicit consent or there is a legal requirement to forward the data. Personal details may also be passed on to third parties if this is legally permissible, and it is necessary to pass them on for the fulfillment of our contractual obligations towards our customers and users.

We share the personal data of users with the administrator of the organization which has accepted  the user to join that organization’s group within the Kinephonics’ learning platform. The data is shared for the organization to verify the user, manage certain aspects of the user’s account  and to monitor that usage is undertaken in accordance with the terms of use.

We share personal data with our service providers as detailed above in the section regarding cookies and third party tracking technology tools. We may use other external service providers for the purpose of optimizing our services, hosting the services, or for analyzing our website for errors and in terms of its performance.

We may share or transfer information we collect under this privacy statement in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified by email or a prominent notice on the Services if a transaction takes place, as well as any choices you may have regarding your information.

In the case of payment processing, the data for processing the payment transaction are forwarded to the payment services provider if you do not supply the data directly to them. If you send your payment data directly to the payment services provider, we receive only very limited data. In those cases, we are only informed whether or not the transaction relating to a specific transaction number has actually taken place. In such cases we do not receive your account data.

If any third-party rights have been violated (in particular rights relating to copyright, trademarks, names and symbols) by the user, your user data will not be forwarded to the rights holder (the “claimant”) unless the claimant conclusively proves his/her claims to Kinephonics, and we notify the user prior to disclosure.

5. Data security

Kinephonics employs safety precautions to guarantee that your data are protected against loss, modification or misuse. Kinephonics works with constantly updated firewalls meeting the industry standard as well as other security systems. At the same time, the user should be aware of the fact that one hundred percent protection against attacks cannot be guaranteed because of the continual appearance of new viruses and other means of attacking the protected data systems of Internet services. Kinephonics will instigate civil and criminal proceedings against any attack by hackers.

We will inform the users of any cases in which their data have been compromised in accordance with the material data breach notification requirements under the relevant privacy regulations that apply to the users affected.

6. How you manage your rights to access, correct and delete your personal data

6.1. Right to access information on stored data

Every user has the right to obtain information from Kinephonics on the personal data that has been saved in relation to him/her. The request needs to be sent by email or by letter. In the request for information, the user must additionally provide the following details for identification purposes: user name, first name and surname, email address, postal address and date of birth. The information is sent by post or email to the address provided by the user.

Portability: You have the right to ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.

6.2. Corrections

The user can edit his/her own personal data at any time at https://www.kinephonics.com. If the user alters or corrects the details that he/she has provided and deletes old entries, the data previously entered by the user will be completely deleted automatically. Even though the user can edit data themselves, the user has the right at all times to demand the correction of any inaccurate data concerning him/her stored with Kinephonics. The user can do this by sending a request by email to Kinephonics’ privacy officer. However, the easiest option is for users to correct any such entries themselves.

6.3.  Deletion of data

The user has the right to ask us to delete his/her personal data or withdraw their consent to us using the personal data. Should the user want to  delete his/her personal data, this request may be undertaken by email or letter. To ensure correct identification of the user, the request must at least contain the following details:

  • User name
  • First name and surname
  • Email address
  • Postal address

And to ensure that  we are dealing with the correct user, we may ask you questions by reply email to verify your identity before deleting your data. Please note that even though the personal data may no longer be present within our systems, due to caching systems, search engines, the interposition of proxy servers and the like, deleted data may continue to exist elsewhere where it is beyond our control.  For example, you may need to clear the cache on your individual computer or clear your browser history on your computer to remove those details from your internet service.

Deletion of your personal data may mean that you will not be able to use the Services, if that personal data is necessary to enable you to use the Services or enable us to undertake our legal obligations. Withdrawal of your consent for us to use the personal data may also restrict our ability to provide you with the Services, depending on which data are involved.

7. Data Retention

We retain your personal data for as long as you maintain a user account with Kinephonics. Retention of personal data will also depend upon the type of data and any legal requirements to retain the data for a specific period of time 90 days. In some cases we retain your personal data, if doing so is necessary to comply with our legal obligations, to resolve disputes or collect fees owed, or is otherwise permitted or required by the law or regulation that applies in the specific case. On disposal, we will destroy or render unreadable any personal data. After that, we may retain some information in a de-personalised (that is, anonymous) form or aggregated form, which doesn’t identify you.

8. How and where we transfer personal data internationally

We collect information globally from our users and primarily store that information in Australia and the US. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services.  Whenever we transfer your information, we take steps to protect it. Some of the countries where the information is stored are Australia and the US.

Some of the third parties which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to the country in which you reside. When we share information of customers in the European Economic Area or Switzerland, we use European Commission-approved standard contractual data protection clauses, binding corporate rules for transfers to data processors, or other appropriate legal mechanisms to safeguard the transfer.

9. What our policy is regarding the use of the services by Minors

We recognize that organizations using the Kinephonics service may wish to offer certain language learning functions to minors. The term “minors” means persons under the age of 16, for the purposes of this Privacy Statement. Any registration and use by a minor requires the clear and explicit consent of their parent or guardian. Without the consent of their parent or legal guardians, use by a minor is prohibited.

10. Changes to this Privacy Policy

We may change this Policy from time to time. The changes will take effect on the date specified. If the changes are significant, we will post a message on the Kinephonics’ home page and may notify you by email. If you continue to use the Services after the date of the changes, then you will be subject to the latest version of the Privacy Policy. If you do not agree with the changes, then you will need to stop using your account and take the required steps to deactivate your account.

11. Links to Third Party Sites

The Services, or the content created by the organization on its designated group page, may include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.

The organization who operates the designated group you have joined will also have its own privacy policies, that will also apply. We encourage you to carefully read their privacy policy.

12. Complaints Process

If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and that your complaint is resolved within a reasonable time (and in any event within the time required by the relevant Act or regulation, if applicable).

13.How to  Contact Us with Privacy questions or complaints

The trust of our users is important to us. Kinephonics therefore wishes to provide its users with full information on the processing of their personal data at all times. If you still have any questions about this privacy statement or if more detailed information is required on any point, please contact the following address at any time:

Kinephonics Trading Pty Limited

Email: privacy@kinephonics.com