Last update: November 1, 2018
LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
All personal data of data subject is processed with aim of compliance with a legal obligation under U.S. Law and Art. 6(1) lit. of GDPR under which data controller is obliged to receive consent of data subject for specific processing operations with personal data.
- It is understood and presumed that by the fact of use of the Website and its services, the User gives Consent, that he/she/it has fully read, understood and accepted this Policy. If any User does not agree with this Policy in general or any part of it, such User should withhold from using the Website and its services.
a) Cookies: A cookie is a text 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. 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. 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. For more information on managing cookies, please go to www.allaboutcookies.org.
b) Consent: Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
c) Data subject: Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
d) Personal data: Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is an individual that can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, address or other identification data.
e) Processing: Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
f) Processor: Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
g) Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
h) Recipient: Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with U.S. and/or EU shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
i) Sensitive personal information: Any information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation. KOMI does not collect or store such information.
j) Third party: Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Website: thekomigroup.com
- The data controller of this Website is KOMI. Contact details can be received at: email@example.com.
- The Website of the KOMI collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files.
- The following information may be collected for general purposes: (a) the browser type and its version; (b) the operating system used by the accessing system, (c) the website from which an accessing system reaches the website; (d) the sub-websites; (e) the date and time of access to the Internet site; (f) an Internet protocol address (IP address); (g) the Internet service provider of the accessing system; and (h) any other similar data and information that may be used in the event of attacks on our information technology systems.
- When using this general data and information, the KOMI does not draw any conclusions about the data subject. Rather, this information is needed to (a) deliver the content of our website correctly, (b) optimize the content of our website as well as its advertisement, (c) ensure the long-term viability of our information technology systems and website technology, and (d) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the KOMI analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
- The following information can be collected for services purposes: (a) Contact information, such as name, home address, and email address; (b) Account information, such as username and password; (c) Information related to you virtual wallets public addresses; and/or (d) Financial information, such as bank account numbers, bank statement, and trading information, credit card numbers and related information.
|Purpose||Description||Type & Expiration|
|Performance (i.e., User’s Browser)||Our web sites are built using common internet platforms. These have built-in cookies which help compatibility issues (e.g., to identify your browser type) and improve performance (e.g., quicker loading of content).||Session Deleted upon closing the browser|
|Security (e.g. Asp .NET) Cookies||If you register for access to a restricted area, our cookies ensure that your device is logged for the duration of your visit. You will need your username and password to access the restricted areas.||Session Deleted upon closing the browser|
|Site Preferences||Our cookies may also remember your site preferences (e.g., language) or seek to enhance your experience (e.g., by personalizing a greeting or content). This will apply to areas where you have registered specifically for access or create an account.||Session Deleted upon closing the browser|
|Analytical||We use several third party analytics tools to help us understand how site visitors use our web site. This allows us to improve the quality and content on Website for our visitors. The aggregated statistical data cover items such as total visits or page views, and referrers to our web sites.||Persistent, but will delete automatically after two years if you no longer visit Website.|
|Site visitor feedback||We use a third party survey tool to invite a percentage of visitors to provide their feedback. Cookies are used to prevent visitors from being invited multiple times. The first cookie (1) is set if the visitor is not invited to participate in the survey, and is used to ensure visitors are not invited after their first page view.
The second cookie (2) is set if the visitor is invited to participate in the survey, and is used to ensure the visitor is not invited again to participate for a period of 90 days.
1 Session Deleted upon closing the browser
2 Persistent Deleted automatically after 90 days or presenting survey invite.
|Social sharing||We use third party social media widgets or buttons to provide you with additional functionality to share content from our web pages to social media websites and email. Use of these widgets or buttons may place a cookie on your device to make their service easier to use, ensure your interaction is displayed on our webpages (e.g. the social share count cache is updated) and log information about your activities across the Internet and on our web sites. We encourage you to review each provider’s privacy information before using any such service.||Persistent, but will be deleted automatically after two years if you no longer visit Website.|
- The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies.
- The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more Datablcokchain.io processors that also uses personal data for an internal purpose which is attributable to the controller.
- By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
- The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
- On the website of KOMI, users are given the opportunity to subscribe to KOMI’s information service. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller. The information service may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive KOMI’s information service.
- The website contains information that enables a quick electronic contact to KOMI. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
- The data controller process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage. If the storage purpose is not applicable, or if a storage period expires, the personal data is routinely blocked or erased.
- Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by contacting KOMI by sending an email to firstname.lastname@example.org: (a) to request access to your information and information related to our use and processing of your information, including: (i) the purposes of the processing; (ii) the categories of personal data concerned; (iii) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; (iv) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (v) the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; (vi) the existence of the right to lodge a complaint with a supervisory authority; (vii) where the personal data are not collected from the data subject, any available information as to their source; (viii) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; (ix) to obtain information as to whether personal data are transferred outside the US and EU, to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. (b) To request and to obtain from the controller the confirmation as to whether or not personal data concerning him/her/it is being processed. (c) to request the correction or deletion of your information. Data subject can request to delete his personal information (the right to be forgotten) in case: (i) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (ii) the data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing; (iii) the data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR; (iv) the personal data have been unlawfully processed; (v) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the KOMI, he or she may, at any time, contact any employee of the controller. An employee of KOMI shall promptly ensure that the erasure request is complied with immediately. (d) to request that company restrict the processing of your information in cases when: (i) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (ii) the processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead; (iii) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims (iv) the data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the KOMI, he or she may at any time contact any employee of the controller. The employee of the KOMI will arrange the restriction of the processing. (e) to receive information which data subject have provided to us in a structured, commonly used and machine-readable format and the right to have that information transferred to another data controller (including a third party data controller); (f) to object to the processing of your information for certain purposes; and (g) to withdraw your data protection consent to our use of your information at any time where data controller rely on your consent to use or process that information.
- In accordance with Article 77 of the General Data Protection Regulation, data subject have the right to lodge a complaint with a supervisory authority.
- We may disclose any information we collect about you, whether you are a current or former customer, including nonpublic personal information and any other information we collect, to KOMI affiliated companies and to non-affiliated third parties, which include non-financial companies, such as email service providers and fraud verification services, and others, such as other KOMI users with which you engage in transactions. We may make such disclosures: (a) to service providers that perform marketing services on our behalf; and (b) for everyday business purposes, such as to process transactions, maintain accounts, respond to court orders and legal investigations or report to credit bureaus; (c) if we are under a duty to disclose or share your information to comply with our legal obligations.
- Other than in connection with a merger, sale of KOMI assets, financing or acquisition, we will not sell or rent any of your information to third parties for their own marketing purposes.
- Please note that third parties that support our customer identification and anti-fraud controls may retain and use information about you to perform services on our behalf and to improve their services. By using our Services, you consent to the retention and use of such information by these providers to improve their services.
- We may also share aggregated or de-identified information with our affiliated companies or non-affiliated third parties, which cannot reasonably be used to identify you.
- Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site, and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
- CHILDREN UNDER 18: This website is not intended for use by anyone under the age of 18. We encourage parents and guardians to supervise their child’s use of the Internet. We urge parents to instruct their children to never give out their real names, addresses, phone numbers, or other personal information without a parent’s or guardian’s permission when using the Internet. We recognize a special obligation to protect personal information obtained from children. In compliance with COPPA (the Children’s Online Privacy Protection Act), we have adopted the following policies to keep kids safe (there are exceptions to these policies as noted below): (a) We will NOT knowingly collect, use, or distribute personal information from children under the age of 13 without prior verifiable consent from a parent or guardian. (b) Personal information we collect from children under the age of 13 will be used solely by us or our agents for internal purposes only and will NOT be sold or otherwise distributed to third parties. (c) We will NOT knowingly allow children under the age of 13 access to free form chat, message boards, email accounts, or other services within the KOMI Website that would allow them to publicly post or otherwise distribute personal information without prior verifiable consent from a parent or guardian. (d) We will NOT knowingly ask a child under the age of 13 to divulge more information than is needed to participate in any service. (e) We will NOT knowingly keep any personal information that is inadvertently included in a child’s email submission, help inquiry, or other one-time request, if we know that the child is under the age of 13. Any such information will be purged promptly after the issue has been resolved. (f) We will NOT knowingly post any personal information that is inadvertently included in a child’s submission to a general audience contribution area if we know that the child is under the age of 13. Upon notice to us, these submissions will be deleted and handled anonymously thereafter. (g) We will NOT knowingly provide any direct link to websites that are unsuitable for children or teens. (h) We will advise children under the age of 13 that they MUST obtain permission from their parent or guardian before sharing ANY personal information. (i) Upon request, KOMI will provide a parent or guardian with a description of the information that may have been provided about their child during a registration process for a program or service of this site.In the following instances we will NOT get verifiable parental consent for the collection of a child’s personal information: (a) Collecting a child’s contact information solely to directly respond to the child’s request on a one-time basis (for example, to provide assistance with a particular customer service question). We will not use that information to re-contact the child for any other purpose (we will purge from our system the child’s personal information after responding); (b) Collecting a child’s contact information and the contact information of his/her parent or guardian solely to directly respond more than once to a specific request from the child. In this instance, the parent or guardian will be notified that the child made such a request and be informed of the information provided by the child. The parent or guardian will have an opportunity at any time to revoke the child’s request. We will not use the child’s personal information to re-contact the child for any other purpose. (c) Using persistent identifiers on our Website to support the internal operations of our Website which include: maintaining and analyzing the functioning of the Website; performing network communications; authenticating users; personalizing content on the Website; serving contextual advertising or capping the frequency of advertising; protecting the security or integrity of the user, Website or service; and to ensure legal and regulatory compliance. A “persistent identifier” is a series of numbers that we assign to a user but cannot be reasonably used to identify a specific user. (d) A child may provide the email address of their parent or guardian for the purpose of retrieving or resetting a child’s lost password for their user account. A parent or guardian’s email address collected in this instance will only be used for this purpose.
- Data controller does not use automatic decision-making or profiling to process and use data subject’s personal data.
- KOMI uses relevant electronic and procedural safeguards to protect the privacy of the information the User provide to KOMI from loss, misuse, disclosure, alteration and destruction. Please note that transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure. Please note that KOMI are not liable for the security of any data Users are transmitting over the Internet, or third party content.
Ownership of Data
Komi Group, LLC is the owner of the data provided by the Company, including email addresses (“Company Data”) and all of the intellectual property rights associated with the Company Data. Customer owns all rights, title, and interest in and to any and all data provided by the Customer to Komi Group in conjunction with services provided to the Company (“Services Data”).
Use of Data
Company may collect, use or store Services Data only for the benefit of the Customer.
Customer represents that its use of the Company Data, is for lawful purposes only and that to the best of its knowledge the transmission of messages or files is not in violation of any applicable laws, rules, and regulations, including without limitation encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability, or otherwise violate any local, provincial, state, national, or other law. Komi Group does not assume liability for Customer’s violation or breach in the use of Company’s data. The transmission of unsolicited email is regulated by the CAN-SPAM Act (United States), the EU Opt-In Directive (Europe), and CASL (Canada), among other laws, rules, and regulations in these and other countries, states, provinces, and jurisdictions. Unsolicited email marketing in violation of such laws, rules, and regulations using the Company Data is prohibited and is a material violation of this Agreement. Customer warrants its compliance with laws, rules, and regulations regarding unsolicited email marketing. Customer acknowledges and agrees that Komi Group does not assume liability for any harassing, offensive, or obscene/sexually explicit material distributed by Customer, or assume any liability for material distributed by Customer using the accounts of the foregoing, that violates any other party’s rights, including intellectual property rights and rights of publicity or privacy.
Komi has adopted policies and procedures for technology disaster recovery, as well as a process-level plans for recovering critical technology platforms and the telecommunications infrastructure. Our goal is to ensure information system uptime, data integrity and availability, and business continuity.