Privacy Policy

Privacy and online safety are important to Kimoby. We offer a software platform and service in order to help businesses. We are collecting data about businesses and their customers ("Data") as soon as they use our platform, services and websites (collectively, "Services"). This Privacy Policy describes how we collect, use and disclose Data.

In the Privacy Policy, we sometimes refer to "You" and "Your". Those terms directly refer to the person or legal entity who is about to or has signed the Kimoby Pay Account Agreement and has the authority to bind entity to the Account Subscription Agreement. We’ll do our best to clarify who we are referring to at various points in the policy. This Policy does not apply to third-party websites, products or services even if they link to our Services. You should consider the privacy practices of those third-parties carefully. If you disagree with the practices described in this policy, you should either take the necessary steps to remove cookies from your computer after leaving our website or discontinue your use of our services.

1. Overview

The Data collected depends on how our services are used. Sometimes we receive Data directly, such as when a Kimoby account is created. Other times, we collect Data by recording interactions with our services by, for example, using technologies like cookies and web beacons. We also get Data from third parties, like our financial partners or identity verification services.

The collection and use of various Data sources is essential to our ability to provide our Services and keep our Services safe. Data is critical in helping us increase the safety of your personal information, your online payments, and reduce the risk of fraud, money laundering and other harmful activity.

2. Data we collect

2.1. Personal Data

Data that identifies or that could reasonably be used to identify users, clients, entities or any other person as an individual is labeled "Personal Data". We collect Personal Data in different ways. For example, when a business registers in a Kimoby account, when a customer makes payments or conducts transactions through a user’s website or application or when a person responds to Kimoby's emails or surveys. We also receive Persona Data from other sources such as our partners, financial service providers, identity verification services and publicly available sources. Personal Data does not include Data that has been aggregated or made anonymous and can no longer be reasonably associated with a specific person. The Personal Data collected includes:

  • Contact details, such as name, address, telephone number, email address;
  • Financial and transaction Data such as credit or debit card number and bank account information;
  • Other Persona Data such as date of birth, SSN or EIN.

2.2. Other Data

We call any different Data from personal, "Other Data". We collect other Data through a variety of sources. One of our sources for other data is cookies and other technologies that record data about the use of our website that implements our services, and the use of our services generally. Other Data that we may collect include: 

  • Browser and device Data such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the version of our services you or your clients may be using;
  • Transaction Data such as purchases, purchase amount, date of purchase and payment method;
  • Cookie and tracking technology Data such as time spent on our Services, pages visited, language preferences and other anonymous traffic Data;
  • Company Data such as a company’s product and service offerings, jurisdiction and company records.

3. How we use Data

3.1. Personal Data

We and our service providers use Personal Data to: 

  • Provide services;
  • Detect and prevent fraud;
  • Mitigate financial loss or other harm to users, customers and Kimoby;
  • Promote, analyze and improve our products, systems and tools. 

    Examples of how we may use Personal Data include:

  • Verify an identity for compliance purposes;
  • Evaluate an application to use our Services;
  • Conduct manual or systematic monitoring for fraud and other harmful activity;
  • Respond to inquiries, send service notices and provide customer support;
  • Process a payment with Kimoby Pay communicate regarding a payment, and provide related customer service;
  • Audits, regulatory purposes, and compliance with industry standards;
  • Develop new features;
  • Send marketing communications;
  • Improve or modify our Services;
  • Conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of, our business.

3.2. Other Data

We may use other Data for a range of different purposes, as long as complied with applicable law and our contractual commitments. 

4. How we disclose Data

Kimoby does not sell or rent Persona Data to marketers or unaffiliated third parties. We share Persona Data with trusted third parties, including:

4.1. Kimoby's affiliates

We share Data with entities worldwide that we control, are controlled by us or are under our common control to provide our services. Kimoby is the party responsible for overall management and use of the data by these affiliated parties.

4.2. Kimoby's service providers

We share Data with service providers helping us provide our services. Service providers help us through payment processing (i.e., banks, credit bureaus, payment method providers), website hosting, Data analysis, information technology and any related infrastructure, customer service, email delivery and auditing.

4.3. Our users

We share Data with users (such as merchants and application providers) and, if necessary, to process payments or provide services. For example, we share Data with users about purchases made by their customers through the Kimoby Pay services;

4.4. Authorized third parties. 

We share Data with parties directly authorized by a user to receive Data. The use of Data by an authorized third party is subject to the third party’s Privacy Policy.

4.5. Third parties. 

We will share Data with third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

4.6. Safety, legal purposes and law enforcement. 

We use and disclose Data as we believe necessary:

  • Under applicable law, or payment method rules;
  • To enforce our terms and conditions;
  • To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; 
  • To respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.

5. Security

We use reasonable organizational, technical and administrative measures to protect Persona Data within our organization. Unfortunately, no Data transmission or storage system can be guaranteed 100% secure. If you have a reason to believe that your interaction with us is no longer secure, or example, if you feel that the security of your account has been compromised, please contact us immediately.

6. Advertising

We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access our websites based on Data relating to your access and use of our websites, as well as Data received from third parties. To do so, these companies may place or recognize a unique cookie or similar tracking technology on your browser (including the use of pixel tags). They may also use these technologies along with Data they collected about your online use to recognize you across the devices you are using, such as a mobile phone and a laptop, and to make decisions about the advertisements you see. If you would like more information about this practice and learn how to opt out of behavioural advertising delivered by Network Advertising Initiative member companies in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit the Network Advertising Initiative and Digital Advertising Alliance.

You may download the AppChoices app to opt out in mobile apps. In order to understand and improve the effectiveness of our advertising, we may use web beacons, cookies and other technologies to identify your whereabouts our website or if you have seen one of our advertisements. We may provide that Data to third parties advertising networks. The Data we provide may include the time and date of your visit to our website, pages viewed, links clicked and other information that does not disclose your "real world" identity. Those advertising networks may recognize the web beacon or cookie associated with your visit to our website when you visit other websites on which they serve advertising and may make decisions about the advertisements you see, based on it. We may choose to work with Google AdWords, Double-click, AdRoll or other advertising networks. Each of these companies has its own Privacy Policy, which we encourage you to review. For more information about advertising and tracking online, visit the Network Advertising Initiative

This website allows consumers to opt out of the behavioural advertising delivered by member companies. At the moment, there are no industry standards recognizing "do not track" browser signals, so we do not respond to them.

7. Choice and access

You have choices regarding our use and disclosure of Persona Data:

7.1. Opting out of receiving electronic communications from us

If you no longer want to receive marketing-related emails from us, you may opt-out through the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our services.

7.2. How you can access or change your Persona Data

If you would like to review, correct or update Persona Data that you have previously disclosed to us, you may do so by signing in to your Kimoby account or by contacting us.

If emailing us your request, please make clear in the email what Persona Data you would like to change. For your protection, we may only implement requests in rule to the Persona Data associated with the particular email address you used to send us your request and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

8. Retention Period

We will retain Persona Data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Please note that we have a variety of obligations to retain the Data that you provided, including ensuring that transactions can be appropriately processed, settled, refunded or charged-back to help identify fraud and to comply with anti-money laundering and other laws and rules that apply to us and to our financial service providers. Accordingly, even if you close your Kimoby Account, we will retain certain Data to meet our obligations. There may also be residual Data that will remain within our databases and other records, which will not be removed.

9. Jurisdiction and cross-border transfer

Our services are global and Data (including Persona Data) may be stored and processed in any country where we have operations or where we engage service providers, and we may transfer Data to countries outside of your country of residence, including the United States, which may have Data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable Data protection laws and that your Data remains protected to the standards described in this Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access  your Persona Data.

10. Kimoby as a Data processor.

We may collect, use and disclose certain Persona Data about customers when acting as the User’s service provider. Our Users are responsible for making sure that the customer’s privacy rights are respected, including ensuring appropriate disclosures about third party Data collection and use. To the extent that we are acting as a user’s Data processor, we will process Persona Data in accordance with the terms of our agreement with the user (License Subscription Agreement) and the user’s lawful instructions.

11. Updates to this Privacy Policy and notifications.

We may change this Privacy Policy. Any changes are effective when we post the revised Privacy Policy on our website.

We may provide you with disclosures and alerts regarding the Privacy Policy or Persona Data collected by posting them on our website and, if you are a User, by contacting you through your Kimoby dashboard or email address. You agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with hard copy disclosures. Disclosures and notices in relation to this Privacy Policy or Personal Data shall be considered to be received by you within 24 hours of the time they are posted to our website or in the case of users, sent to through one of means listed in this paragraph.

Contact Us

If you have any questions about this Privacy Policy, please contact us at support@kimoby.com or at:

Attn: Kimoby Legal

Les Logiciels Kimoby

302-633, St-Joseph Est

Quebec City, QC, G1K 3C1

WARNING

Email communications are not always secure, please do not include credit card or other sensitive Data such as racial or ethnic origin, political opinions, religion, health, etc. in your email.

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