We are committed to protecting your privacy
We respect the confidentiality of your information and take your privacy very seriously.
The purpose of this document is to describe how King Kong Organics and all its related entities (“KKOG”, “we”, “us” or “our”) manages any Personal Information that we collect in connection with your use of The KKOG Platform, including its website (KKOG Platform).
For the purposes of this Privacy Policy, Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.
This Privacy Policy applies to Personal Information collected from Members and potential Members. Please see the Product Disclosure Statement for more information about being a Member.
This document together with the KKOG Product Disclosure Statement, Terms and Conditions and the KKOG Platform Constitution and any other terms and conditions adopted by us from time to time and available on the KKOG Platform, constitute the legal relationship between you and us in respect of your use of the KKOG Platform.
Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.
Capitalized terms not otherwise defined in this Privacy Policy have the meaning given in the Product Disclosure Statement relating to the KKOG Platform.
Management of Personal Information
The Type of Information KKOG Collects
1. In order to provide Members with the products and services that they request we will need to collect Personal Information from Members and other individuals (for example business contacts service providers and prospective Members).
1.1. The type of Personal Information that we may collect from you will depend on our relationship with you and the circumstances of collection. Information we collect may include, but is not limited to, the following:
1.2. KKOG may collect sensitive information in order to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) provided that the requirements in the section of this Privacy Policy relating to Sensitive Information are satisfied before the information is collected. This sensitive information may include government identifiers such as your tax ID number/social security number.
1.3. We may also collect copies of identification documents from you, for example drivers licenses, birth certificates and passports.
1.4. If you do not provide us with the information we request, we may not be able to fulfil the applicable purpose of collection, such as to supply products or services to you.
1.5. When you access and use the KKOG Platform we will record and log for statistical purposes certain information about such access and use, including your IP address, the date and time of your visit, the parts of the KKOG Platform you access during your visit, your actions on the KKOG Platform, and the browser you are using.
Collection
2. Information provided on registration to KKOG is collected for the primary purpose of acquiring an Interest and ultimately transacting a purchase of bricks. KKOG only collects Personal Information that is reasonably necessary for one or more of the functions or activities described in this Privacy Policy.
2.1. The information will also be used to forward to you, periodic information relating to your investment in KKOG and from time to time to provide to you with information of a generic or marketing nature relating to KKOG.
2.2. By completing and submitting an online application, you provide your consent to KKOG disclosing your information to Service Providers and to use your information for the purposes referred to described in this Privacy Policy.
2.3. To access or update your Personal Information, please visit www.KKOG.io/login, click on ‘My Account’ and then ‘Settings’ or contact KKOG at 310-283-6858 or info@KKOG.io.
2.4. Before we collect your Personal Information, or as soon as practicable after, we will take steps to notify you of the collection of your Personal Information and to remind you to review this Privacy Policy for details about the purpose for which such information is collected, how such information is used (including disclosure) and how you can access and correct such information.
2.5. If we are legally compelled to collect or disclose your Personal Information to a third party, we will notify you of this fact.
2.6. Where we no longer need your Personal Information, and where we are not required by or by law or a court/tribunal order to retain such information, we will take reasonable steps to destroy or de-identify such information.
Electronic Disclosure
3. Participation on the KKOG Platform is designed to be effected and managed online via the KKOG Platform and email.
3.1. You must nominate an email address when you apply and register via the Platform. The email address you nominate at registration will be the address to which we will send you information about KKOG and any investments you make via the platform. By nominating an email address, you consent to receiving the following documents by email to that address (or to any other email address nominated by you in your KKOG Account):
3.2. As a KKOG Member you will receive financial and operational communications related to your KKOG Account.
Use and Disclosure
Use of personal information
4. KKOG collects Personal Information for the purpose of conducting our business and providing products and services requested by you. Our policy is to use or disclose Personal Information for the primary purpose for which it was collected or for a secondary related purpose where you would reasonably expect us to use or disclose the Personal Information for that secondary purpose, or where such use or disclosure is required or authorized by or by law or court/tribunal order. We will only disclose sensitive information for a secondary purpose where the secondary purpose is directly related to the primary purpose, or where we are legally compelled to disclose such information.
4.1. In general, our uses of Personal Information include, but are not limited to:
Disclosure to Third Parties
5. We take your privacy very seriously and take reasonable steps to confirm that third parties, with whom we deal, are also compliant with the Privacy Act. In executing services, activities and functions, where necessary, Personal Information may be disclosed to third parties and/or related bodies.
5.1. Your Personal Information will not be made available to any third party, other than as required by law and to service providers for permitted related purposes (for example, auditors, consultants and advisers) for the purpose of administering the investment.
5.2. Under no circumstances will we sell Personal Information. We only use or disclose Personal Information where it is reasonably necessary for, or directly related to, one or more of our functions or activities; or because it is required under relevant law or regulation. Personal Information will only be given to other organizations where one or more of the following situations applies:
Cross Border Disclosure
6. KKOG does not intend to send or disclose your Personal Information to overseas recipients, but may transfer your Personal Information to a foreign recipient, if we reasonably believe that the below are true:
7. In the conduct of our business, we may transfer to, hold or access Personal Information from various countries including the United States of America, Canada and the United Kingdom. The privacy laws of those countries may not provide the same level of protection as the privacy laws of the country from which the personal information was collected. However, this does not change our commitments to safeguard your privacy and we will comply with all applicable laws relating to the cross-border data disclosure. Where disclosure is to be made to an overseas entity, we will assess the privacy laws of the country where information will be disclosed to determine whether the overseas recipient is required to comply with privacy laws that are at least as stringent as the requirements in relation to information. We may enter into a written contract with the overseas recipient to enable us to enforce protection of the Personal Information that we provide to the overseas recipient.
Sensitive Information
8. We only collect sensitive information reasonably necessary for one or more of the uses specified in this Privacy Policy if we have the consent of the individuals to whom the sensitive information relates, or if the collection is reasonably necessary for one or more of our functions or activities.
9. We may also collect sensitive information in circumstances prescribed by the Privacy Act, including if required or authorized by law or a court/tribunal.
Unsolicited Information
10. Sometimes we may be provided with your Personal Information without having sought it through our normal means of collection. We refer to this as “unsolicited information”.
10.1. Where we collect unsolicited information we will only hold, use and or disclose that information if we could otherwise do so had we collected it by means permitted by the law and this Privacy Policy. If that unsolicited information could not have been collected by a permitted means then we will destroy, permanently delete or de-identify the information as appropriate.
Direct Marketing
11. We may also use and disclose your Personal Information to keep you informed about products and services offered by KKOG.
11.1. Where permitted under laws, we may from time to time use your Personal Information to send you:
11.2. You can opt out of receiving direct marketing information from us at any time you can do this by using the unsubscribe facility in your KKOG Account:
11.3. If you elect to subscribe to any of our publications or for any notifications and later decide that you no longer wish to receive monthly updates, social media, updates or promotional material from us, you may unsubscribe by following the instructions contained in the relevant electronic marketing message.
How Your Information is Stored and Protected by KKOG
12. We strive to maintain relevant, reliable, accurate, complete and current Personal Information and to protect its privacy and security.
12.1. KKOG will take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorized access, modification or disclosure. We hold the Personal Information we collect on secure servers or in physical storage located in controlled environments and protect it by using encrypted and up-to-date industry standard software protection programs and locks.
12.2. Personal Information is only accessible by officers, agents, service providers, contractors and employees of KKOG on a need to know basis, unless it is disclosed to another party in accordance with this Privacy Policy. All employees are required to maintain the confidentiality of any Personal Information they handle.
12.3. If other parties provide support services to KKOG, we require them to implement appropriate safeguards to protect the privacy of the Personal Information we provide to them. This may include requiring the execution of non-disclosure agreements to ensure the confidentiality of Personal Information. Where the Personal Information is no longer needed or required to be retained we take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.
How You Can Access Your Personal Information
Contact Details
13. You are welcome to contact KKOG to request further information about this Privacy Policy, request access to your Personal Information or make a request that your Personal Information be corrected and/or updated.
13.1. KKOG is permitted to refuse access to Personal Information in certain situations. Examples include where:
13.2. KKOG will take reasonable steps to provide a copy of this Policy to anyone who requests it, free of charge. We do not charge for receiving a request to access or correct Personal Information, although we may charge a reasonable amount to cover the cost of processing such a request. In this situation, KKOG will provide an estimate of how much the service will cost and request an agreement to the cost before proceeding.
13.3. Further information can be requested using the contact details set out below.
Request for Correction of Information
14. We strongly encourage you to ask us to correct any Personal Information we hold that is out-of-date, incorrect, incomplete or misleading.
14.1. KKOG will respond to a request for correction of Personal Information within a reasonable period after the request is made. We may refuse access to your information or refuse a request for correction in limited cases, including where there are legal, regulatory or administrative reasons to deny access.
14.2. If KKOG refuses to correct the Personal Information as requested by you, KKOG will provide you with a written notice that sets out:
14.3. If KKOG refuses to correct the Personal Information, it will keep with the record an indication that you have requested that the information be corrected.
15. To request a correction of your Personal Information, please contact Customer Services at info@KKOG.io, or call on 310-283-6858.
Platform Analytics and Cookies
16. Platform analytics measurement software is used to assist in tracking traffic patterns to and from the KKOG Platform to survey users of the sites. The information gathered is not personally identifiable and is used to improve the KKOG Platform.
17. Cookies are small pieces of text stored on your computer to help us determine the type of browser and settings you are using, where you have been on the KKOG Platform, when you return to the KKOG Platform, where you came from, and to ensure your information is secure. The purpose of this information is to provide you with a more relevant and effective experience on the KKOG Platform, including presenting web pages according to your needs or preferences.
18. KKOG may also use external service providers to track the traffic and usage on the KKOG Platform. We use this information to help us refine our marketing and messaging through online advertising.
19. Cookies are frequently used on many platforms on the internet and you can choose if and how a cookie will be accepted by changing your preferences and options in your browser. You may not be able to access some parts of the KKOG Platform if you choose to disable the Cookie acceptance in your browser, particularly the secure parts of the KKOG Platform. We therefore recommend you enable cookie acceptance to benefit from all the services on the KKOG Platform.
AML/CTF ACT
20. Before we provide a product or service to you, we may be required to collect your Personal Information to comply with our customer identification obligations under the AML/CTF Act.
21. The Personal Information we collect for this purpose typically includes identification information, such as name, residential address and date of birth. In some cases, we may need to collect information about the political activities and opinions of individuals to determine whether they are politically exposed persons for the purposes of the AML/CTF Act. If we ask for this information, and you provide it to us, we will infer your consent to use and disclose the information for this purpose.
22. In certain circumstances, we may need to clarify or update the Personal Information we previously collected for identity verification purposes, or collect further information, including financial information about individuals. Where this is necessary, we will collect the information directly from you or from third party sources.
23. See the Terms and Conditions for further details about the information about our obligations and your rights in connection with a disclosure to a credit reporting agency.
24. You have the right to let us know by email at info@KKOG.io if you do not want us to disclose your personal information to a credit reporting agency for this purpose and opt for an alternative means of verifying your identity for the purposes of the AML/CTF Act.
About this Privacy Policy
25. The Privacy Policy is reviewed from time to time to take account of new laws and technology, changes to our operations and practices, and to make sure it remains appropriate to the changing environment.
26. This Privacy Policy is publicly available on our Platform at www.KKOG.io/privacy
27. This Privacy Policy was last updated on 4th June 2018.
If you have an enquiry or complaint about this Privacy Policy
28. If you wish to make an enquiry about, or request access to, your Personal Information or if you have any complaint in relation to the manner in which your information has been handled, or about a breach that binds KKOG, please contact Customer Services at info@KKOG.io, or call on 310-283-6858.
29. We endeavor to respond to complaints within a reasonable period (usually 30 days).
30. GDPR KKOG
KKOG is committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognize our obligations in updating and expanding this program to meet the demands of the GDPR. KKOG is dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarized in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.
How We Are Prepared for the GDPR
KKOG already has a consistent level of data protection and security across our organization. 2018. Our preparation includes: –
Data Subject Rights
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via KKOG.io of an individual’s right to access any personal information that KKOG processes about them and to request information about: –
Information Security & Technical and Organizational Measures
KKOG takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorized access, alteration, disclosure or destruction and have several layers of security measures, including: – SSL, access controls, password policy, encryptions.
If you have any questions about our preparation for the GDPR, please contact info@kkog.io