Privacy Policy

1. GENERAL

At Kabimba, we care about your personal data, so we have prepared this Privacy Policy to explain how we collect, use and share it.

This Privacy Policy (“Privacy Policy”) details the personal data Kabimba, Inc. (“Kabimba”, “we”, “us” or “our”) receives about you, how we process it and your rights and obligations in relation to your personal data. Kabimba, Inc., a company registered in New York United States of America is the data controller for the purposes of the General Data Protection Regulation (“GDPR”) and any relevant local legislation (“Data Protection Laws”).

By using or accessing the Service, you agree to the terms of this Privacy Policy. Capitalized terms not defined here have the meanings set forth in the terms and conditions (the “Terms and Conditions”), located at www.kabimba.com/terms-and-conditions. We may update our Privacy Policy to reflect changes to our information practices. If we do this and the changes are material, we will post a notice that we have made changes to this Privacy Policy on the Website for at least 7 days before the changes are made, and we will indicate the date these terms were last revised at the bottom of the Privacy Policy. Any revisions to this Privacy Policy will become effective at the end of that 7 day period.

If you are an employee, worker or contractor of Kabimba, the information about how we handle your personal information is available in the Kabimba internal knowledge base. With respect to employees based in Europe, we are committed to cooperating with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

2. INFORMATION WE COLLECT

This Privacy Policy explains how we collect, use and share your personal data.

Information you provide

Through the registration process, you will provide us with your name, e-mail address (or parent’s e-mail address), and age or date of birth. You will also provide us with your payment transaction information if you choose to pay for Kabimba services.

Activity Data

When you use the Service, you will submit information and content to your profile. We will also generate data about your use of our Services including your engagement in educational activities on the Service, or your sending of messages and otherwise transmitting information to other users (“Activity Data”). We also collect technical data about how you interact with our Services; for more information.

Group Online Quiz and Flashcard Test

When you collaborate with other users online to take a quiz or flashcard test, we will use your computer’s microphone throughout the lesson to connect you with other group users on the app. Kabimba records these audio and quiz results and retains them until you close your Kabimba account. Kabimba uses this data to help improve the quality of the lessons and for internal research purposes.

Product Research and Development

We may contact you to participate in product research activities. These may include surveys, interviews, and other types of feedback sessions. When you participate in these research activities, the information you provide will be used to test, improve, and develop our products. We will record the video, audio and text transcriptions of this feedback together with any additional contact information you provide and will retain this data for two years.

Please contact us at info@kabimba.com to:

  • Request more information about the research activities you have volunteered for.
  • Opt out of being contacted for research activities.
  • Request a copy of any research related data you have provided to us.

3. COOKIES

When you enter the Website, we collect your browser type and your IP address (a unique address that identifies your computer on the Internet). When you use our mobile Application, we collect your device type, your device ID, and your IP address.

In addition, we store certain information from your browser using “cookies.” A cookie is a piece of data stored on the user’s computer tied to information about the user. We use session ID cookies to confirm that users are logged in. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you certain features available on the Website (e.g., customized delivery of information).

4. INFORMATION OBTAINED BY THIRD PARTIES

To support and enhance the Service, we work with a variety of third party advertising networks, marketing analytics service providers and website analysis firms, such as Google, Facebook, Oath, Unity, and Quantcast (collectively, “Third Party Advertising Service Providers”). These Third Party Advertising Service Providers collect and use non-personally identifiable information, such as your mobile device ID, about your visits to and use of the Website and mobile Application, as well as other websites in order to serve you with advertisements and content tailored to meet your preferences and likely interests or better understand ad effectiveness. Aggregate demographic and interest data will also be used for market research purposes.

We use Google Analytics which is a web analytics tool that helps us understand how users engage with the Website. Like many services, Google Analytics uses first-party cookies to track user interactions as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve our website. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use.

You can opt-out of receiving personalized ads from advertisers and ad networks that are members of the Network Advertising Initiative (“NAI”) or who follow the DAA Self-Regulatory Principles for Online Behavioral Advertising using their respective opt-out tools. The NAI’s opt-out tool can be found here www.networkadvertising.org/choices and the DAA’s opt out tool can be found here www.aboutads.info/choices.

In addition, your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of mobile app information for online behavioral advertising (for example, Apple iOS’ Advertising ID and Google Android’s Advertising ID). Please note that opting out does not prevent the display of all advertisements to you.

5. USE OF INFORMATION OBTAINED BY KABIMBA

Kabimba may occasionally send you service related and product change announcements through the general operation of the Service. We will send you reminder notifications to support the Kabimba teaching methodology by reinforcing the learning cadence and help maintain your learning streak. We process your data to help provide you with the Service and offer personalized features, to understand and improve our Service and to keep our Service safe and secure.

Kabimba may use or share anonymous data collected through the Service, including Activity Data without limitation. As a business, it is critical that we perform our contract with you with the best service possible, and it is in our legitimate interests to perform these processing functions and to enable service e-mails by default to keep your data secure and provide our Service. You may opt out of any non-essential service e-mails at any time.

We may also use your contact information to send you notifications regarding new services, offers and promotions offered by Kabimba if you affirmatively consent to receive such communications.

When you register with Kabimba, some of your information may be made public. This will include the data from your Kabimba Profile and Account (Name, Location, Bio, Username, User ID, Profile picture and Kabimba Plus membership status). Kamibma Memory Cards you create are also public by default, but can be made visible to only you or to people you have shared a link with. Your Kabimba account email address is not shown publicly.

Profile information is used by Kabimba to be presented back to and edited by you when you access the Service and to be presented to other users. In some cases, other users may be able to supplement your profile, including by submitting comments (which can be deleted by you). Kabimba uses this information to provide you with support, to send you essential notifications, to enforce our terms, conditions and policies, to communicate with you, to administer the Services, and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes. Kabimba’s Terms and Conditions provide the contractual lawful basis for these processing activities.

Kabimba Group Quiz

When you take a test in the Kabimba group quiz, we will use your computer’s camera and microphone throughout the test to collect data.

We will process information in connection with the Kabimba group quiz comprising given name(s), surname(s), date of birth, gender, native language, country, and answers to questions as part of the testing and evaluation process.

6. SHARING YOUR PERSONAL DATA WITH THIRD PARTIES

Kabimba shares your personal data only when it is necessary to offer the Service, legally required, or permitted by you.

We will provide personal data to hosting providers such as Amazon Web Services, search engine providers such as Google, analytics providers such as Crashlytics, and support providers such as ZenDesk.

These data processors help us bring you the service. For example, we may share your information in order to detect where or how you encountered a bug when using our mobile application. In connection with these operations, our service providers will have access to personal data for a limited time. When we utilize service providers for processing any personal data, we implement contractual protections limiting the use of that personal data to the provision of services to Kabimba.

We will be required to access and disclose personal data in response to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we will access and share account or other personal data when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Service or using the Kabimba name, or to prevent imminent harm. This will include accessing and sharing personal data with other companies, lawyers, agents or government agencies.

Kabimba may share aggregate or anonymous data collected through the app service, including activity data, for purposes such as understanding or improving the service.

7. DATA SUBJECT RIGHTS AND DATA RETENTION

You have the following rights in relation to the personal data we hold about you, unless provided otherwise by local law:

  • To request access to, or erasure of, the personal data we hold about you.
  • To request us to restrict the processing of the personal data we hold about you.
  • To object to us processing personal data relating to you.
  • Where you have given us consent to process your personal data, you have the right to withdraw that consent at any time.
  • To export the personal data you have provided to Kabimba in a format that can be transferred electronically to a third party.
  • To delete your account with Kabimba by following the instructions available through the Service.

Kabimba will retain your data until your account is deleted, after which point we will retain anonymous data collected through the Service, including Activity Data, which may be used by Kabimba and shared with third parties in any manner. Information associated with the Kabimba Language Test, including examination results and your Testing Video, will be collectively deleted from your Kabimba account after five years have passed from the date you upload your test, but anonymized examination data, including your examination results and Testing Video, will be kept indefinitely by Kabimba to improve the examination and for research and analysis.

Please note that some of these rights are not absolute. In some cases, we may refuse a request to exercise particular rights if complying with it meant that we are no longer able to meet our contractual obligation to provide you with particular products and services. We will keep you informed as to the actions that we can take when you make your request.

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here:

http://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm.

If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

8. THIRD PARTY WEBSITES AND LINKS

Please note that you may have cookies placed on your computer by third party websites that refer you to our Service. Although we do not share your personal data with these third party websites unless it is reasonably necessary to offer the Service, they may be able to link certain non-personally identifiable information we transfer to them with personal data they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Kabimba would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties’ privacy policies.

Our Services contain links to other sites operated by third parties. Kabimba does not control such other sites and is not responsible for their content, their privacy policies, or their use of personal data, including any personal or financial information collected by our third party payment processor to process payments for in-app purchases. Kabimba’s inclusion of such links does not imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Services. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

9. CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 entitles residents of the State of California to request from a business, with whom that resident has an established business relationship, certain information regarding the types of personal data the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. If you would like to request a copy of this information disclosure from Kabimba, please contact us at info@kabimba.com.

10. EU-U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD

Kabimba plans to comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (including Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States pursuant to Privacy Shield. Kabimba plans to certify that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern.

Kabimba’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Kabimba remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Kabimba proves that it is not responsible for the event giving rise to the damage.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Kabimba is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Kabimba may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Kabimba commits to resolve complaints about your privacy and our collection or use of your personal data.

11. CHILDREN UNDER AGE OF DIGITAL CONSENT

Kabimba provides some features and services intended for use by children. Kabimba plans to use age-gating to restrict what services are available to children depending on the age of the user and the applicable laws of their country.

12. LINKS

The Service may contain links to other websites. We are not responsible for the privacy practices of other websites. We encourage users to be aware when they leave the Service to read the privacy statements of other websites that collect personally identifiable information. This Privacy Policy applies only to information collected by Kabimba via the Service.

13. INFORMATION SECURITY

Kabimba has implemented administrative and technical safeguards it believes are appropriate to protect the confidentiality, integrity and availability of your personal data, Testing ID, User Photo, access credentials, and Kabimba Language Test results. However, given sufficient resources, a determined attacker could defeat those safeguards and may, as a result, gain access to the data we seek to protect.

14. DO NOT TRACK

The Service is not designed to respond to “do not track” signals sent by some browsers.

15. CONTACT US

Kabimba’s headquarters are located within the USA at: Kabimba. 1178 Broadway. 2nd Floor #1002. New York, NY 10001.

Within the EU, Kabimba Entertainment Limited . Is registered, at the address: Kemp House, 160 City Road. London EC1V 2NX.

For all data privacy inquiries and any questions or concerns you have about this privacy policy, please contact us at privacy@kabimba.com.