1. Purpose
This policy applies to all processing of personal data carried out by Kinekt and aims to inform the user about the manner in which Kinekt carries out the processing of personal data (including details about the type of personal data collected and the purpose of processing) and about the user’s rights regarding their personal data.
2. Contact – How can I get in touch?
In case of questions about the Privacy Policy, the user can contact Kinekt through the following channels:
Trade name: Kinekt
Identity of the controller: Voyage Communications BV
Address: Oude Utrechtseweg 16, 3743 KN, Baarn
Email: info@kinekt.io
The user can establish direct and effective communication with Kinekt by sending a written response to the address mentioned or by sending an email to info@kinekt.io. Additionally, below is information about the controller responsible for processing your personal data:
3. Processing Identification – How do we collect personal data?
In accordance with current data protection regulations, in particular,
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”)
Kinekt collects personal data in its possession when the user:
(i). fills out the forms on https://kinekt.io (“site”);
(ii). subscribes to the newsletter;
(iii). responds to a survey or fills out a web form;
(iv). fills out a printed form;
(v). sends an email or communicates by telephone, which is subsequently loaded into the corresponding forms;
4. Personal Data Collected – What personal data do we collect?
Kinekt collects information when visiting their web pages, primarily by filling out its registration forms.
The following data is collected: full name, email and telephone number.
As a rule, when personal data is requested to use a service or access certain content, its provision is not mandatory, except in those cases where it is specifically indicated that it is data required for the provision of the service. In this case, the user is free to choose not to register and/or not to contract the services.
The user declares and guarantees that all data provided by them is true and accurate and undertakes to update it. Changes will be notified to the Data Protection Officer or to the address mentioned in Article 2 above.
The user also acknowledges that the data requested by Kinekt is necessary, appropriate and not excessive to fulfill the objectives mentioned in Article 5 below, which would be impossible if this data is not provided.
Any false or incorrect statement resulting from the information and data provided, as well as the damage that this information may cause, will be at the user’s expense.
5. Purpose – What do we use personal data for?
The personal data requested from the user is used for the following purposes:
If services are offered through the Site, to establish and maintain a commercial relationship, and to carry out the activities and provide the services of Kinekt (including, without limitation, the management, administration, provision and improvement of services).
Sending newsletters, as well as commercial communications, promotions and/or advertisements from Kinekt, occasionally or periodically. The email address that the user provides when filling out the form on the Site can therefore be used to send information and provide updates about the service request, as well as news about Kinekt (occasionally or periodically), updates, information about related products or services, etc. This processing is based on our legitimate interest to promote our products and services.
Conducting a survey or a competition
Personalizing the user experience, thereby increasing our ability to meet their needs.
Improving the Site and the service offering of Kinekt, based on Kinekt’s legitimate interest to continuously improve its products and services.
Processing transactions and complying with the legal obligations to which Kinekt is subject, such as tax obligations. The data subject to processing will not be used for purposes that deviate from or are incompatible with the above purposes and that justified their original collection. With all this said, it is noted that the recorded data, in addition to the purposes for which they were expressly collected, may also be used for making statistics, managing incidents or conducting market research. In these cases, however, Kinekt will perform a compatibility analysis in accordance with applicable regulations. Processing will only be permitted if the original purpose is compatible with the new purpose or is permitted in accordance with an independent legal basis. In these cases, the user will be informed about the changes in the purpose or legal basis for processing their data. We remind the user that they can oppose the sending of commercial communications (unsubscribe) and stop receiving emails from Kinekt, reliably notifying Kinekt, which will proceed to interrupt in the shortest possible time after receiving such communication. For this purpose, they may send an email to the address indicated in Section 2, a postal mail addressed to the address indicated in Section 2 hereof, or directly follow the unsubscribe instructions detailed at the end of each email from Kinekt.
6. How do we use your information?
We will use the information we collect about you for the following purposes:
Support
If we want to use your information for another purpose, we will ask for your consent and will only use your information after you have given your consent and only for the purpose for which you have given consent, unless we are legally required to do so.
We retain your personal data with us for 12 months after user accounts have become inactive or as long as we need it to fulfill the purposes for which it was collected as described in this privacy policy.
7. Consent
By providing personal data to Kinekt, the user declares the complete and unconditional processing of this data by Kinekt. The user hereby gives voluntary, express and informed consent to Kinekt to use the collected data for the purposes mentioned in paragraph 5, as well as inclusion in the Kinekt database.
Kinekt carries out the processing of the user’s data that is justified by: (i) entering into an agreement with Kinekt by the user, in accordance with the terms made available to the user when completing the service request form (prior to any appointment) and which the user can accept (after reading them) by checking the checkbox included for this purpose; and (ii) the free, informed and unambiguous consent of the user, given after reviewing this privacy policy in which Kinekt informs about the treatment it will carry out with your data, and if you agree with this, by checking the checkbox included for this purpose in the service request form. The processing of data not covered by one of the legal grounds indicated above will be carried out if Kinekt deems it necessary to protect a legitimate interest and only if this does not conflict with the fundamental rights and freedoms of the user.
8. Expiration Date – How long do we keep them?
The data will be destroyed or archived when it is no longer strictly necessary or relevant for the purposes described in paragraph 5 above. In particular, personal data is retained as long as the business relationship is in effect (and as long as the user has not requested deletion earlier) and during the period in which obligations, indemnifications and/or liabilities may arise from the business relationship or for the services provided.
Kinekt informs that it will retain the essential information to identify the origin of the stored data during the duration of the customer’s relationship with Kinekt and/or withdrawal of consent by the user in accordance with the information in paragraph 5 of this Privacy Statement and/or the time required by applicable legislation.
9. Confidentiality / Assignment / International Transfer – Does Kinekt share data with third parties?
Kinekt will keep the collected personal data private and confidential and will not use them for purposes other than those mentioned in Article 5 above. Kinekt requires the signing of confidentiality statements and personal data processing by its employees and third parties providing services that have access to the content of the databases (or includes these obligations in the service agreements that Kinekt concludes with such providers, as indicated in the following paragraph).
The user’s personal data that Kinekt collects will not be transferred, sold, exchanged, sent and/or shared with a third party outside Kinekt without the user’s consent, unless legally obligated and/or with a view to providing services to the user. This does not exclude certain employees and service providers that enable Kinekt to keep the Site operational, comply with the purposes of Article 5 above and/or provide services to the user, who have undertaken the obligation to ensure the confidentiality of the data provided and to comply with applicable regulations for the protection of personal data at the time of appointment. The contracts with service providers include the purpose, scope, content, duration, nature and objective of data processing, the type of personal data, the categories of data owners and the obligations and responsibilities of Kinekt and the appointed third parties.
In particular: Kinekt may share the provided personal data with controlling companies, subsidiaries, affiliates, related companies and/or intermediaries affiliated with Kinekt.
Kinekt may share certain personal data provided by the user internally within Kinekt, with certain departments, such as administration, marketing or IT.
Kinekt may disclose user information (and reserves the right to do so) in the following cases: (i) when required by a judicial or administrative authority; (ii) if necessary to exercise your rights in accordance with Kinekt’s general terms and conditions and this privacy statement; (iii) if necessary to comply with the law; (iv) if this data could be useful for the protection of the rights of third parties; (v) when useful for the protection of the rights, property or safety of Kinekt, its directors, subsidiaries, affiliates, directors, managers, employees, users or the general public; and (vi) when there are reasonable grounds related to public safety, national defense or public health.
10. Security – How do we ensure data security?
Kinekt declares its intention to take the necessary technical and organizational measures to guarantee the security, integrity and confidentiality of the data, in accordance with the provisions of the GDPR to prevent their falsification, loss, consultation or unauthorized processing.
Kinekt does not guarantee absolute privacy when using the Site, as the possibility that unauthorized third parties may gain knowledge of it cannot be excluded. The user acknowledges that existing technical means that provide security are not impenetrable and that even when taking all reasonable security measures, it is possible to suffer manipulation, destruction and/or loss of information. If a security incident is detected that poses a significant risk to the data owner, this event will be reported immediately to the competent supervisory authority, together with the corrective and palliative measures taken and/or yet to be taken.
Kinekt is not responsible for the loss or deletion of data by users. Likewise, Kinekt accepts no responsibility for any damage caused by computer viruses.
Finally, users must also take measures to protect their information. Kinekt emphasizes that you take every precautionary measure to protect your personal information when using the internet. You are advised at a minimum to regularly change your password, using a combination of letters and numbers, and to ensure you use a secure browser.
11. Rights of the data owner and procedures to respond to their exercise – What are my rights as data owner?
The user who is the data owner can at any time exercise the rights of access, rectification, cancellation, objection, restriction of processing, portability, confidentiality and deletion with respect to their personal data, in accordance with the provisions of Article 15 and following of the GDPR, as applicable.
The exercise of these rights can be carried out by the user themselves via an email to support@kinekt.io, or by one of the methods mentioned in the applicable regulations mentioned above. Kinekt may request the necessary data to validate the identity of the data owner.
The deletion of some data will not take place if this could harm the legitimate rights or interests of third parties, or if there is a legal obligation to retain the data.
12. Training – Do we provide training?
Kinekt staff who perform functions related to the processing of personal data are trained to ensure better protection of personal data and the rights of data subjects.
13. Third Party Links – Does our Site contain links to other sites?
The Site may contain links to third-party websites, with or without advertising content, whose privacy policies differ from that of Kinekt. The linked websites are not associated with Kinekt and their presence in no way implies a suggestion, invitation or recommendation to visit the destinations or any form of connection or association between Kinekt and such websites. Kinekt is not responsible or liable for the content, use and activities of these linked websites, nor for damage, current or future, material or moral, direct or indirect, suffered by users and arising from the information on these sites or from the relationship that users may enter into with third parties whose services are published on the Site. Nevertheless, any comments on these linked websites are useful for Kinekt to improve services and/or ensure the integrity of the Site. Kinekt aims to do everything possible to prevent the Site from having links to sites with illegal content.
14. Cookies – Do we use cookies?
When the user visits the Site, Kinekt may store some information on their computer in the form of a “cookie” or similar file. The Site uses cookies to (i) track advertisements, (ii) collect data about Site traffic and (iii) improve the user experience when using the Site.
The user should know that to visit the Site, it is not necessary to allow the installation of cookies sent by the Site. This may only be required in connection with certain services. The user can delete cookies from their computer’s hard drive, block access to their computer via their browser, or select the corresponding option when asked about the possibility of using cookies for these purposes and in accordance with Kinekt’s Cookie Policy.
Cookies are information files that a website or the provider of certain services on the site transfers to the user’s computer hard drive via the browser program. Cookies themselves cannot personally identify the user (although they may contain the user’s IP address), but they allow them to recognize the user’s browser and store certain data (the user’s operating system, the domain name of the website from which the Site is linked, among others). Kinekt reserves the right to hire the services of third parties to analyze and understand the users of the Site, who may not use the collected information for purposes other than improving Kinekt’s services.
15. Approval
The user’s use of the Site implies knowledge and full approval of Kinekt’s privacy policy and Kinekt’s general terms and conditions, if applicable. Likewise, the user accepts Kinekt’s privacy policy and Kinekt’s general terms and conditions by completing the service request.
16. Modifications – Is this the most recent version?
This is the current version of Kinekt’s Privacy Policy, updated on January 9, 2023.
Kinekt may modify this Privacy Policy at any time and without prior notice. These changes will be effective from their publication on the Site or when they are notified to users through any of the available means, whichever occurs first. The user should regularly inform themselves of the terms contained herein by periodically logging in.