PRIVACY POLICY

Last Updated and Effective as of: March 3, 2019

Welcome to Komyoon’s Privacy Policy. The following statements explain the policies that Komyoon, Inc. (“Company,” “we,” “our,” or “us”) adhere to regarding the collection of data on our site https://komyoon.com (“Website”) and through our Komyoon mobile app (the “App”) (the Website and App are collectively referred to as the “Services”). This privacy policy does not apply to any other service unless it appears on that service. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SERVICES.

INFORMATION COLLECTION:

Personal Information

Your provision of your Personal Information to us is completely voluntary. “Personal Information” is information that can specifically identify you.  We do not collect Personal Information unless you submit that information to us. Categories of Personal Information we collect include:

  • Identity Data, which includes name, gender, or other similar identifiers

  • Contact Data, which includes email address, phone number, address

  • Profile Data, which may include titles, years of experience, and similar information you may include on your profile or when you create an account on the Services

  • Payment Data, which may include your bank account or payment card information or other billing information that we need to process your payments.

Additionally, we may also collect certain other types of information that, along with Identity Data, Contact Data, Profile Data, and Payment Data may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:

  • Technical Data, which includes internet protocol (IP) address, internet connection, browser type, mobile network information, and device and operating system used to access Services.

  • Usage Data, which includes information about how you use our Services, including traffic data, logs, and other communication data.

  • Marketing and Communications Data, which includes your preferences in receiving marketing materials from us.

  • Stored Files and Data. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “ADDITIONAL EU DISCLOSURES” THAT PERTAIN TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

Non-Personal Information

In addition, we may also collect information that is not considered Personal Information in certain jurisdictions (“Non-Personal Information”).  We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our users who live in a particular area ("Aggregate Information").  Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose permitted by law and subject to the section titled “Additional EU Disclosures”.  In some instances, we may combine Non-Personal Information with Personal Information.  If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information.

Metadata

We may collect metadata associated with content that you post, submit, publish, display or transmit to or through the Services (“User Content”). Metadata typically consists of how, when, where and by whom a piece of User Content was collected and how that content has been formatted. Users can add or may have added metadata added to their User Content including keywords posted with a photo or video, including names, geographical or location information, comments or other data. This makes your data more searchable and more interactive. However, the metadata may be accessible to others if you share the User Content with others.

INFORMATION USAGE AND DISCLOSURE:

Besides using your information ourselves, we may send your information to other companies, affiliates and third parties to help us process your information for the purposes set out in this policy.

We use your information as described herein:

  • to provide you with our Services;

  • to personalize your experience with us,

  • to respond to your direct inquiries,

  • to add you to our mailing lists and send you emails from time to time.  

Note that any information or User Content that you voluntarily disclose for posting to the Service, such as your public profile, photos or images and associated metadata, and comments, may become available to other App users, subject to any applicable privacy settings that we may provide to you. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.

We may also share your information with third parties such as website hosting, data analysis, e-mail delivery services, and other similar services.  These third parties may have access to your information necessary to perform their functions, but may not use it for other purposes.

We will not sell your information to any third party not affiliated with Company without your consent except in connection with the sale or merger of Company or the division responsible for such services.  

Additionally, we may disclose your information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) for legitimate business interests. 

Please note that if you specifically consent to additional uses of your information, we may use your information in a manner consistent with that consent.

COOKIES AND SIMILAR TECHNOLOGY:

We may store some information on your device or device hard drive as a "cookie" or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Services and for the purpose of facilitating and enhancing your communication and interaction with the Services. Such data may include, without limitation, the address of the websites you visited before and after you visited the Services, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Services you visit and what links you clicked on, the region where your device is located, and geo-IP data. We use this information to help us maintain and enhance the efficiency and usefulness of the Services and may use it and other non-personally identifiable information for the purposes described in this Privacy Policy.  Note that some of the information we collect may include data, such as IP address data or the identifiers associated with your device that are unique to your computer or device (e.g., IDFA for iOS and Android ID for Android).

We may also use and place cookies on your device from our third party service providers in connection with the Services, such as an analytics provider that helps us manage and analyze usage of the Services.  We use session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. Our persistent cookie remains active on your hard drive until they expire or are deleted.

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Services or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your device without your knowledge. Please be advised that certain third parties that are beyond the scope of this Privacy Policy may collect information in connection with the Services. We are not responsible for the acts or omissions of such third parties.

SECURITY:

The security of your information is very important to us.   We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect.   However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Company, or information stored on the Services or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Services demonstrates your assumption of this risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contact section below.

DATA RETENTION:

We will retain your information for as long as needed to provide you with the services you requested and the Services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregated data previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

OTHER SITES AND SERVICES:

Our Services may contain links to other websites and/or apps not maintained by Company. Other websites and apps may also reference or link to our Services.  The inclusion of a link on the Services does not imply endorsement of the linked site or app by us. We are not responsible for the privacy practices of websites or apps operated by third parties that are linked to or integrated with our Services.  We encourage you to be aware when you leave our Services, or surf the Internet, and to read the privacy statements of each and every website and app that you visit.

The Services may integrate with social networking services.  You understand that we do not control such services and are not liable for the manner in which they operate.  While we may provide you with the ability to use such services in connection with our Services, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

OPT-OUT AND DATA ACCESS:

Opting out of messages from us

To opt-out of any future marketing email messages from us, you can click on the unsubscribe link at the bottom of our emails or you can send an unsubscribe request to us at admin@komyoon.com. We will process your request within a reasonable time after receipt.

Opting out of cookies

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Services or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your device without your knowledge.

Data Access Rights

You may also request access to your personal information (if you have provided personal information to us through the Services) and information about our collection, use and disclosure of that information by using the contact information provided below.  Unless prohibited by law or legal process, you will be given access to your personal information, entitlement to challenge the accuracy and completeness of the information, and the ability to have it amended as appropriate.  You can help us maintain the accuracy of your personal information by keeping your profile information up to date. If you do not want us to retain or use your personal information, you may delete your information or contact us at admin@komyoon.com.

CHANGES TO POLICY:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.  However, if at any time in the future we plan to use your Personal Information or personal data in a way that materially differs from this Privacy Policy, we will post such changes here or email you. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. 

ADDITIONAL EU DISCLOSURES:

IF YOU ARE SITUATED IN THE EU, THIS SECTION APPLIES TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

Legal Basis:

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where you have consented to a certain use of your personal data.

  • Where we need to comply with a legal or regulatory obligation.

To the extent permitted under applicable laws, we will also process, transfer, disclose and preserve personal data when we have a good faith belief that doing so is necessary.

Data controller:

Komyoon, Inc. is the data controller of all personal data collected through our Services. To contact us, please see the section titled “Contact Us”.

If you are situated in the EU and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance. If you have a complaint, please contact our privacy manager can be contacted here: admin@komyoon.com.

Data Transfer:

We may transfer personal data from the EU to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

Data Subject Rights:

If you are a situated in the EU, under the General Data Protection Regulation (“GDPR”), as a data subject, you have the right to:

  • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

  • Withdraw consent at anytime where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

To exercise your rights under the GDPR, please contact us at admin@komyoon.com. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data.  This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

CALIFORNIA PRIVACY:

Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personally identifiable information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at admin@komyoon.com. If you do not want your personally identifying information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at admin@komyoon.com.

INFORMATION RELATING TO CHILDREN:

Our Services are intended for ages 18 and over. We do not knowingly collect Personal Information or personal data from children.  When we become aware that such information (or other information that is protected under applicable law) from a child under 13 (or such other age as may be restricted under local law) has been collected, we will use all reasonable efforts to delete such information from our database.

WEBSITE AND APP TERMS OF USE AGREEMENT:

Use of the App is governed by, and subject to, our “Mobile Application Terms of Use” located at komyoon.org. Use of the Website is governed by, and subject to, our “Website Terms of Use” located at komyoon.org. Your Komyoon membership is governed by the “Membership Terms and Conditions” located at komyoon.org.

CONTACT:

For questions or concerns relating to privacy, we can be contacted at: admin@komyoon.com. Our mailing address is 8117 W Manchester Ave. Suite 403, Playa Del Rey CA 90293-8211 You can also reach us by telephone at 424-277-1460. If you are situation in the EU and have any complaints regarding our privacy practices, you have the right to complain to to a supervisory authority.