Privacy policy
We respect your privacy and are committed to protecting it through our compliance with this privacy policy
(“Policy”). This Policy describes the types of information we may collect from you or that you may provide
(“Personal Information”) in the “Kaphrao Express” mobile application (“Mobile Application” or “Service”) and any
of
its related products and services (collectively, “Services”), and our practices for collecting, using,
maintaining,
protecting, and disclosing that Personal Information. It also describes the choices available to you regarding
our
use of your Personal Information and how you can access and update it.
This Policy is a legally binding agreement between you (“User”, “you” or “your”) and this Mobile Application
developer (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or
other legal entity, you represent that you have the authority to bind such entity to this agreement, in which
case
the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do
not
agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile
Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you
have
read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices
of
companies that we do not own or control, or to individuals that we do not employ or manage.
Automatic collection of information
When you use the Mobile Application, our servers automatically record information that your device sends. This
data
may include information such as your device’s IP address and location, device name and version, operating system
type and version, language preferences, information you search for in the Mobile Application, access times and
dates, and other statistics.
Information collected automatically is used only to identify potential cases of abuse and establish statistical
information regarding the usage of the Mobile Application and Services. This statistical information is not
otherwise aggregated in such a way that would identify any particular User of the system.
Collection of personal information
You can access and use the Mobile Application and Services without telling us who you are or revealing any
information by which someone could identify you as a specific, identifiable individual. If, however, you wish to
use
some of the features offered in the Mobile Application, you may be asked to provide certain Personal Information
(for example, your name and e-mail address).
We receive and store any information you knowingly provide to us when you create an account, or fill any forms
in
the Mobile Application. When required, this information may include the following:
- Account details (such as user name, unique user ID, password, etc)
- Contact information (such as email address, phone number, etc)
- Basic personal information (such as name, country of residence, etc)
- Geolocation data of your device (such as latitude and longitude)
- Certain features on the mobile device (such as contacts, calendar, gallery, etc)
- Any other materials you willingly submit to us (such as articles, images, feedback, etc)
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage
of
some of the features in the Mobile Application. Users who are uncertain about what information is mandatory are
welcome to contact us.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age
of
18, please do not submit any Personal Information through the Mobile Application and Services. If you have
reason to
believe that a child under the age of 18 has provided Personal Information to us through the Mobile Application
and
Services, please contact us to request that we delete that child’s Personal Information from our Services.
We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this
Policy
by instructing their children never to provide Personal Information through the Mobile Application and Services
without their permission. We also ask that all parents and legal guardians overseeing the care of children take
the
necessary precautions to ensure that their children are instructed to never give out Personal Information when
online without their permission.
Use and processing of collected information
We act as a data controller and a data processor when handling Personal Information, unless we have entered into
a
data processing agreement with you in which case you would be the data controller and we would be the data
processor.
Our role may also differ depending on the specific situation involving Personal Information. We act in the
capacity
of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access
and
use of the Mobile Application and Services. In such instances, we are a data controller because we determine the
purposes and means of the processing of Personal Information.
We act in the capacity of a data processor in situations when you submit Personal Information through the Mobile
Application and Services. We do not own, control, or make decisions about the submitted Personal Information,
and
such Personal Information is processed only in accordance with your instructions. In such instances, the User
providing Personal Information acts as a data controller.
In order to make the Mobile Application and Services available to you, or to meet a legal obligation, we may
need to
collect and use certain Personal Information. If you do not provide the information that we request, we may not
be
able to provide you with the requested products or services. Any of the information we collect from you may be
used
for the following purposes:
- Create and manage user accounts
- Send administrative information
- Request user feedback
- Respond to legal requests and prevent harm
- Run and operate the Mobile Application and Services
Processing your Personal Information depends on how you interact with the Mobile Application and Services, where
you
are located in the world and if one of the following applies: (i) you have given your consent for one or more
specific purposes; (ii) provision of information is necessary for the performance of an agreement with you
and/or
for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal
obligation to
which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the
exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate
interests pursued by us or by a third party.
Note that under some legislations we may be allowed to process information until you object to such processing
by
opting out, without having to rely on consent or any other of the legal bases. In any case, we will be happy to
clarify the specific legal basis that applies to the processing, and in particular whether the provision of
Personal
Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Managing information
You are able to delete certain Personal Information we have about you. The Personal Information you can delete
may
change as the Mobile Application and Services change. When you delete Personal Information, however, we may
maintain
a copy of the unrevised Personal Information in our records for the duration necessary to comply with our
obligations to our affiliates and partners, and for the purposes described below.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any Service you have
requested, we may share your information with our affiliates, contracted companies, and service providers
(collectively, “Service Providers”) we rely upon to assist in the operation of the Mobile Application and
Services
available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with
respect to Personal Information. We will not share any personally identifiable information with third parties
and
will not share any information with unaffiliated third parties.
Service Providers are not authorized to use or disclose your information except as necessary to perform services
on
our behalf or comply with legal requirements. Service Providers are given the information they need only in
order to
perform their designated functions, and we do not authorize them to use or disclose any of the provided
information
for their own marketing or other purposes.
Retention of information
We will retain and use your Personal Information for the period necessary as long as your user account remains
active, to enforce our agreements, resolve disputes, and unless a longer retention period is required or
permitted
by law.
We may use any aggregated data derived from or incorporating your Personal Information after you update or
delete
it, but not in a manner that would identify you personally. Once the retention period expires, Personal
Information
shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the
right to
data portability cannot be enforced after the expiration of the retention period.
Social media features
Our Mobile Application and Services may include social media features, such as the Facebook and Twitter buttons,
Share This buttons, etc (collectively, “Social Media Features”). These Social Media Features may collect your IP
address, what page you are visiting on our Mobile Application and Services, and may set a cookie to enable
Social
Media Features to function properly. Social Media Features are hosted either by their respective providers or
directly on our Mobile Application and Services. Your interactions with these Social Media Features are governed
by
the privacy policy of their respective providers.
Email marketing
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping
your
e-mail address confidential and will not disclose your email address to any third parties except as allowed in
the
information use and processing section. We will maintain the information sent via e-mail in accordance with
applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and
provide
clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing
emails
by following the unsubscribe instructions included in these emails or by contacting us. However, you will
continue
to receive essential transactional emails.
Push notifications
We offer push notifications to which you may also voluntarily subscribe at any time. To make sure push
notifications
reach the correct devices, we rely on a device token unique to your device which is issued by the operating
system
of your device. While it is possible to access a list of device tokens, they will not reveal your identity, your
unique device ID, or your contact information to us. We will maintain the information sent via e-mail in
accordance
with applicable laws and regulations. If, at any time, you wish to stop receiving push notifications, simply
adjust
your device settings accordingly.
Links to other resources
The Mobile Application and Services contain links to other resources that are not owned or controlled by
us.Please
be aware that we are not responsible for the privacy practices of such other resources or third parties. We
encourage you to be aware when you leave the Mobile Application and Services and to read the privacy statements
of
each and every resource that may collect Personal Information.
Information security
We secure information you provide on computer servers in a controlled, secure environment, protected from
unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical
safeguards
in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information
in
our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.
Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and
privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of
any
and all information and data exchanged between you and the Mobile Application and Services cannot be guaranteed;
and
(iii) any such information and data may be viewed or tampered with in transit by a third party, despite best
efforts.
As the security of Personal Information depends in part on the security of the device you use to communicate
with us
and the security you use to protect your credentials, please take appropriate measures to protect this
information.
Data breach
In the event we become aware that the security of the Mobile Application and Services has been compromised or
Users’
Personal Information has been disclosed to unrelated third parties as a result of external activity, including,
but
not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures,
including,
but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement
authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we
believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise
required by law. When we do, we will post a notice in the Mobile Application.
Changes and amendments
We reserve the right to modify this Policy or its terms related to the Mobile Application and Services at any
time
at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification
in
the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the
contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless
otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the
revised Policy (or such other act specified at that time) will constitute your consent to those changes.
However, we
will not, without your consent, use your Personal Information in a manner materially different than what was
stated
at the time your Personal Information was collected.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using
the
Mobile Application and Services and submitting your information you agree to be bound by this Policy. If you do
not
agree to abide by the terms of this Policy, you are not authorized to access or use the Mobile Application and
Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or
if
you wish to exercise your rights, we encourage you to contact us using the details below:
We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to
exercise
your rights as quickly as possible and in any event, within the timescales provided by applicable data
protection
laws.
This document was last updated on March 9, 2022