OUR PRIVACY POLICY

Effective Date: November 1, 2023

PLEASE READ THIS PRIVACY POLICY CAREFULLY. IT CONTAINS IMPORTANT INFORMATION AS TO HOW WE MAY COLLECT AND PROCESS THE DATA THAT YOU INPUT BY VIRTUE OF YOUR USE AND ACCESS TO OUR WEBSITE AND SERVICES. THIS POLICY MAY BE AMENDED BY US OR UPDATED FROM TIME TO TIME. IF YOU ARE A CALIFORNIA RESIDENT, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND SERVICES, AS THIS PRIVACY POLICY DOES NOT APPLY TO THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA) REQUIREMENTS OR CALIFORNIA LAW.

Our website: 

By accessing the website, You consent to the data collection, use, disclosure and storage practices described in this privacy policy. If You do not agree to this Policy, then You have no right to access and/or use the website and/or the Services (as defined below) offered within the website. We reserve the right to modify this Policy at any time and without prior notice. If You are a registered user within the website We may, but are not obligated, to provide You with a notification as to such modification. We will update the “Effective Date” information upon a modification of this Policy. In the event that You do not agree to updated or revised terms, information about You collected prior to You canceling Your Account and/or accessing the website will be still subject to this Policy.

Our “General Terms and Conditions” may be found at the website. The same are incorporated into this Policy. You must read, understand and agree to those General Terms and Conditions.

1. Overview

King vs Kong, LLC owns and operates a website composed of online interactive features such as e-mails, newsletter and forums, and offers a span of marketing services (collectively the “Services”). “You,” “Your,” and “Yours,” and similar expressions, are referred to the individual accessing the website and retaining the Services, and/or the legal entity obtaining information and/or conducting transactions through the website.
Access and use of the Services and information provided by the website is restricted to persons of legal age.
This Privacy Policy applies to all information collected about You by Us, regardless of how it is collected or stored, and describes, among other things, the types of information collected about You when You interact with website, how Your information may be used, when Your information may be disclosed, how You can control the use and disclosure of Your information and how Your information is protected.

2. Categories of Information We May Process
   We may process Your personal details (e.g. Your name); demographic data (e.g. Your age); Your contact details (e.g. Your address); records of Your consents; purchase details; details of Your employer where relevant; information about Your interactions with Our content or advertising;
   and any views or opinions You provide to Us.
   “Personal Information” means information that is about any individual, or from which any individual is directly or indirectly identifiable.
   “Process,” “Processing” or “Processed” means anything that is done with any Personal Information, 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, erasure or destruction.
   We may Process the following categories of Personal Information about You:
   a) Personal details: Your name; username or log in details, password; areas or topics of interest; and photograph where applicable.
   b) Company details: Your company’s name, registered agent name, registered agent address, and names of officers/managers/directors.
   c) Demographic information: Your gender; age/date of birth; nationality; title, salutation; job title, company information, education, work experience and other professional information; and language preferences.
   d) Contact details: postal address; telephone and/or mobile number; e-mail address; and public social media handles or profiles.
   e) Consent records: records of any consents You may have given, together with the date and time, means of consent and any related information, such as the subject matter of the consent.
   f) Purchase and payment details: records of purchases and prices; invoice records; payment records; billing address; payment method; cardholder or accountholder name; payment amount and payment date.
   g) Employer details: where You interact with Us in Your capacity as an employee, the contact information of Your employer (including name, address, telephone number and email address) to the extent that it is relevant.
   h) Views and opinions: any views and opinions that You or other users choose to send to Us, or publicly post about Us on social media platforms or in the Services, including on forums.
   i) We may also collect other kinds of information from You or other sources (“Other Information”), which may include but is not limited to:
   j) Information about Your use of the Services, such as usage data and statistical information, which may be aggregated.
   k) Browsing history.
   l) Non-precise information about the approximate physical location (e.g. postal code) of a user’s computer or device derived from the IP address of such computer or device (“GeoIP Data”).
   m) Device identification (“ID”), which is a distinctive number associated with a smartphone or similar handheld device.
   n) Information collected through the use of cookies, eTags, Javascript, pixel tags, device ID tracking, anonymous identifiers and other technologies, including information collected using such methods and technologies about (i) Your visits to, and interaction and engagement with, the Services, content and ads on third party websites, applications, platforms and other media channels (“Channels”) and (ii) Your interaction with e-mails including the content and ads therein (collectively, “Online Data”).
   o) Mobile analytics to understand the functionality of Our mobile applications and software on Your phone.

3. Sensitive Personal Information
   We do not seek to collect or otherwise Process Your Sensitive Personal Information. Where We need to Process such Sensitive Personal Information for a legitimate purpose, We do so in accordance with applicable law.
   The website and the Services are intended for users ages 18 and older. Minors under the age of 18 are not permitted to use the Services. We will not knowingly collect or use any Personal Information from persons We know to be under the age of 18. If it is discovered that We have collected Personal Information from someone under 18, We will delete that information immediately.
   We do not collect or otherwise Process Personal Information about race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offenses or penalties, or any other information that may be deemed to be sensitive under the GDPR (General Data Protection Regulation, enacted by the in European Union) (collectively, “Sensitive Personal Information”) in the ordinary course of Our business.

4. Collection and Creation of Information
   We may collect or obtain User Information about you from the following sources:
   a) Data You provide: We may obtain Your Personal Information when You provide it to Us across Our Services (e.g., when You sign up for e-mails; register for or create a profile or account on any part of the Services; receive promotional information by SMS text message; participate in surveys; perform search queries through the Services; contact us via email, telephone or by any other means; purchase a Service, etc.).
   b) Relationship Data: We may collect or obtain Your Personal Information in the ordinary course of Our relationship with You and if You purchase a Service from Us.
   c) Data You make public: We may collect or obtain Your Personal Information that You choose to make public on social media or other public forums.
   d) Service Data: We may collect or obtain Your Personal Information when You visit or use Our website and when You register to use or purchase any of Our Services.
   e) Third party information: We may collect or obtain Your Personal Information from third parties who provide it to Us. If You use a third party connection or log-in (e.g., Facebook or Google) to access the website, create a profile on any part of the Services, access Our Services or forward Our content to another person, entity, platform or service, We may also receive Your username or email address for those third party services or other information available about You or collected from You on those services.
   We are not responsible for the information that You volunteer about Yourself in certain public areas of the Services such as forums, private messages (e.g. the ROBOchat), message boards or other publicly accessible interactions.
   Creation of User Information. We may also create User Information about You, such as records of Your interactions with Us and details of Your purchase history, for internal administrative purposes and analysis. We may also combine data that You have provided to Us with data obtained from third parties such as social networks and other data collection entities.

5. Purposes for Which We May Process Your Information
   The purposes for which We may Process User Information, subject to applicable law, include:
   a) Provision of Services to You: including (i) offerings for entity creation, virtual office and other business solutions; (ii) management of Your account; (iii) customer support and relationship management; (iv) 24/7 ROBOchat virtual assistant; and (v) display of Your personal reviews of the Services.
   b) Offering and improving the Services: operating and managing the Services for You; providing personalized content tailored to Your needs; communicating and interacting with You via the Services; identifying any issues with the Services and planning improvements or creating new Services; and notifying You of any changes to Our Services.
   c) Communications with You: via any means, including via email, telephone, text message, social media, post or in-person regarding information (such as advertisements) in which You may be interested, subject to ensuring that such communications are provided to You in compliance with applicable law; maintaining and updating You contact information where appropriate; and obtaining Your prior, opt-in consent where required.
   d) Marketing to Customers: We may market to current and prospective customers and their employees who have indicated an interest in doing business with Us, or have previously conducted business with Us in order to further generate and promote Our business. Such efforts include sending marketing e-mails or conducting phone calls to drive the purchase of the Services offered by Us.
   e) IT Administration: of KING VS KONG, LLC’s information technology systems; network and device administration; network and device security; implementing data security and information systems policies; compliance audits in relation to internal policies; identification and mitigation of fraudulent activity; and compliance with legal requirements.
   f) Security: electronic security methods (e.g., monitoring and login records and access details) to help mitigate the risk of and provide the ability to identify and rectify a security incident.
   g) Financial Management: general business and financial management purposes, including: economic, financial and administrative management; planning and reporting; personnel development; sales; accounting; finance; corporate audit; and compliance with legal requirements.
   h) Legal: establishing, exercising and defending legal rights; detecting, investigating and preventing breaches of policy, and criminal offenses in accordance with applicable law; subject to applicable law, We reserve the right to release information concerning any user of Services when We have grounds to believe that the user is in violation of our Terms and Conditions or other guidelines or has engaged in, or we have grounds to believe is engaging in, any illegal activity, and to release information in response to court and governmental orders, other requests from government entities, civil subpoenas, discovery requests and otherwise as required by law or regulatory obligations. We may also release information about users when We believe in good faith that such release is in the interest of protecting Our rights, Our property or Our security, any of Our users or the public, or to respond to an emergency.
6. Direct Marketing
   We may Process Your User Information to contact You via email, telephone, direct mail, SMS or other methods of communication to provide You with information regarding the Services and/or other information that may be of interest to You, using the contact details that You have provided to Us and always in compliance with applicable law.
   If You are no longer interested in receiving electronic mail announcements and other marketing information from Us, You may unsubscribe at any time by following the unsubscribe instructions included in every email that We send. We will not send You any e-mails from a list You have selected to be unsubscribed from, but We may continue to contact You to the extent necessary for the purposes of any other Services You have purchased or for additional e-mails that You have signed up for. If You need help unsubscribing, You can use Our ROBOchat feature on the website or contact Customer Service through Our e-mail addresses indicated in the “Contact Us” section of Our Website.
7. Cookies and Similar Technologies
   We use «cookies» and similar technologies to analyze trends, administer Services, tracker users’ movements around the Services and to gather demographic information about Our user base. Our cookies do not store any of Your personal Information. Whether You want Your Web browser to accept cookies or not is up to You. You can control the use of cookies at the individual browser level, but if You choose to disable cookies, it may limit Your use of certain features or functions on the Services. If You have not changed Your computer’s settings, Your browser most likely already accepts cookies.
   We, as well as third party service providers, advertisers, advertising networks and platforms, may also use web beacons or clear GIFs or similar technologies, which are small pieces of codes placed on a website or in an electronic mail to monitor the behavior and collect data about the visitors viewing a website or electronic mail.
   We, as well as third party service providers also may use technologies such as pixel tags, e-tags, IP addresses, Local Shared Objects, Local Storage, Flash Cookies and HTML5 to analyze trends; administer the Services; collect and store information such as user settings and anonymous browser identifiers; track users’ location and movements around the Services; gather demographic information about Our user base; and to improve Our understanding of traffic on the Services, visitor behavior and responses to promotional campaigns.
8. Lawful Basis for Processing Personal Information
   We may Process Your User Information where: You have given Your consent; the Processing is necessary for a contract between You and Us; the Processing is required by applicable law; the Processing is necessary to protect the vital interests of any individual; or where We have a valid legitimate interest in the Processing.

9. What Information We Disclose to Third Parties
   We may store Your information for as long as it is necessary, and We may store it in Our own servers, or third party’s servers, whether located within the United States or elsewhere.
   We may disclose Your User Information to: legal and regulatory authorities; KING VS KONG, LLC’s external advisors; parties who Process User Information on Our behalf (“processors”); any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offenses; any Purchaser of Our business; and any third party providers of advertising, plugins or content used on the Services, as described in detail below.
   We may use Your information for marketing purposes and share it with advertisers, marketers, third party service providers and others in order to assist them in reaching customers with information that is relevant to them.
   We may disclose Your information to any successor-in-interest of KING VS KONG, LLC such as a company that acquires Us. In the event that We undergo a business transition, such as a merger, acquisition by another company, or sale of all or a portion of Our assets, Your information will likely be among the assets transferred. We may need to disclose information when required by law and when We have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.
   We may engage third-party providers to assist with the collection, storage and segmentation of Online Data and the providers are required to maintain the confidentiality of this information. These third-party providers may collect User Information from Our Services for their own purposes, including but not limited to monitoring fraud around the web.
   We may share Your User Information with Our affiliates, such as Your name, postal address, email or other identifier. Our affiliates may: (i) collect information directly from Your device, such as Your IP address, device ID, advertising ID, and information about Your browser or operating system; (ii) combine User Information about You received from Us with information about You from other sites or services; and (iii) place or recognize a unique cookie on Your browser.
   If We engage a third party Processor to Process Your User Information, the Processor will be subject to binding contractual obligations to: (i) only Process the User Information in accordance with Our prior written instructions; and (ii) use measures to protect the confidentiality and security of the User Information; together with any additional requirements under applicable law.
10. International Transfers of Information
    Because of the international nature of Our business, We may need to transfer Your User Information to other countries, in connection with the purposes set out in this Policy. For this reason, We may transfer Your User Information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which You are located.
    European Union (EU) Residents: The EU General Data Protection Regulation (the “GDPR”) provides certain rights for EU residents. You may decline to share certain information with Us, in which case We may not be able to provide some of the features and functionality of Our Services and webpage. These rights include, in accordance with applicable law, the right to object to or request the restriction of processing of Your information, and to request access to, rectification, erasure and portability of Your own information. Where we process Your information on the basis of Your consent, You have the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the processing of Your personal information in reliance upon any other available legal bases). If You are an EU resident and have any unresolved privacy concerns, You have the right to contact the appropriate EU Supervisory Authority and file a complaint.
    Please note that We may use data collected by a third-party operator/licensee of localized versions or editions of Services.

11. Data Security
    We implement appropriate technical and organizational security measures to protect Your User Information. Please ensure that any Personal Information that You send to us is sent securely.
    We follow generally accepted industry standards to protect the personal information submitted to Us from unauthorized access or disclosure, both during transmission and once We receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while We strive to use commercially acceptable means to protect Your personal information, We cannot guarantee its security. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third-party access, or other acts of third parties, or acts or omissions beyond Our reasonable control. Any transmission of information by You is at Your own risk and You are responsible for ensuring that any Personal Information that You send to Us is sent securely.

12. Data Accuracy
    We take every reasonable step to ensure that Your User Information that We Process is accurate and, where necessary, kept up to date, and any of Your User Information that We Process that You inform Us is inaccurate is erased or rectified accordingly.

13. Data Minimization
    We take every reasonable step to ensure that Your User Information that We Process is limited to the User Information reasonably necessary in connection with the purposes set out in this Policy or as required to provide You Services or access to the Services.

14. Data Retention
    We take every reasonable step to ensure that Your User Information is only Processed for the minimum period necessary for the purposes set out in this Policy.

15. Controlling Your Information
    You may directly take steps to change Your preferences as follows:
    Access to Your Personal Information. Upon request We will provide You with information about whether We hold any of Your Personal Information. You may access, correct, or request deletion of Your Personal Information by contacting us. We will respond to Your request within a
    reasonable timeframe.
    E-mail Subscriptions. You can opt out or unsubscribe from Our email list at any time by following the instructions at the end of the e-mails You receive. Please allow five to ten business days for changes to take effect. On some Services, user Service-related communications are an integral part of the Services that You purchase and You may continue to receive e-mails as part of that particular portion of the Services unless You cancel Your account, even if You opt out of the email list.

16. Contact Details
    You may contact us at the addresses set out below or by emailing to following email info@kingvskong.com address indicated in the “Contact Us” section of Our website.

17. Governing Law and Dispute Resolution
    This Privacy and Data Policy and any action related thereto will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any claim or dispute that may arise between You and Us relating in any way to or arising out of this Privacy Policy or Your use of or access to the website and/or Services will be resolved in accordance with the provisions set forth in the Dispute Resolution Section contained in the General Terms & Conditions. Therefore, any claim or dispute shall be settled through arbitration. Any arbitration will proceed on an individual basis and not as part of a class proceeding. In the event that the agreement to arbitrate is found not to apply, the state or federal courts located in the Miami-Dade County of Florida shall have exclusive jurisdiction. You and “King vs Kong, LLC” waive the right to a trial by jury and agree that any litigation will proceed on an individual basis and will not proceed as part of a class action.
18. WE MAY AMEND, MODIFY, ALTER, SUPPLEMENT, AND IN ANY WAY CHANGE THIS PRIVACY POLICY AT ANY POINT IN TIME. CONTINUED USE OF THE SERVICES BY YOU CONSTITUTE ACCEPTANCE TO ANY OF THOSE CHANGES.