Terms and Conditions

This document together with the Product Disclosure Statement, KKOG Platform Constitution and Privacy Policy 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.

The Purpose of This Document

1. This document has been created to outline the terms of use that govern your use of The KKOG Platform including its website (KKOG Platform), found at: www.KKOG.IO ( Terms and Conditions). By using the KKOG Platform and accessing the website you agree to these Terms and Conditions.

2. Please regularly check the Terms and Conditions periodically for changes. We reserve the right to modify these at any time. Amendments will become effective immediately upon publication on the KKOG Platform. By continuing to use the KKOG Platform you accept such amendments.

3. If you do not agree to these Terms and Conditions, you must refrain from using the KKOG Platform.

4. These Terms and Conditions were last updated on the 9 June 2018.

Platform Access

5. We only use the personal information that you provide to us in accordance with our Privacy Policy. By using this the KKOG Platform, you consent to such use and you warrant that all information provided by you is complete and accurate and agree that we may rely on that information unless and until we receive written notice of any change signed by you or through a facility provided by us. Any such varied information will be covered by this warranty. We shall not be liable for any loss arising from the provision of any inaccurate information. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.

6. Certain features of the KKOG Platform will only be available if you have registered your details on the KKOG Platform and paid the application fee, such persons are “Members”, please see the PDS for further information on Members. If you are an individual, you must be 18 years or older to use our services and by becoming a Member you declare that you are at least 18 years old. We may at any time require you to provide evidence of your age.

7. These Terms and Conditions must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on this the KKOG Platform. You are responsible for making all arrangements necessary for you to have access to the KKOG Platform. You are also responsible for ensuring that all persons who access the KKOG Platform through your Internet KKOG Account are aware of these Terms and Conditions and that they comply with them.

Member Services

8. Currently KKOG services are available to everyone.

9. We reserve the right to suspend or terminate your access to our Members Services at any time if we reasonably believe we are required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of crime.

10. Members will be issued a username and password for accessing information, functions and documents which are only available to Members (Members Services). If your username or access to Member Services is suspended by KKOG for any reason (for example, if an incorrect password has been entered or we otherwise believe your online security is at risk) you will be unable to access the Member Services (which includes your Digital Wallet) until it is reactivated.

11. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

Protecting Your Username and Password

12. You must take all reasonable steps to keep your password safe at all times and not disclose it to anyone, including a family member or friend. The KKOG Team will never ask you to provide your password to us (other than when logging into your KKOG Account) or to a third party. It is advisable to change your password regularly (at least every 3 to 6 months) in order to reduce the risk of a security breach in relation to your Digital Wallet.

13. You should always

  • Memorize a password or other code as soon as possible or disguise any password that is recorded so that others will not be able to decipher it or make a reasonable attempt to prevent unauthorized access to the password, including keeping the password record in a securely locked container or password protected device or computer.
  • Destroy or delete passwords or other code notifications as soon as possible after receiving them.
  • Take precautions when accessing your Digital Wallet e.g. be ready to access your Digital Wallet when you arrive at the KKOG Platform and never let anyone watch you enter your password or other code. Check the location of mirrors, security cameras or any other means of observing a password or other code entry and then shield it from anyone.

14. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your Digital Wallet using your username or password or watch you access it. You should not disguise passwords so as to make your password obvious to another person. For example, you should not:

  • Reverse the order of your password.
  • Say a disguised number is your password.
  • Disguise your password as a telephone number.
  • Replace your password with letters (e.g. A=1, B=2, C=3).
  • Write numbers that contain the same sequence of numbers as your password.
  • Record it on a computer or electronic device where it can easily be retrieved.
  • Keep a record of it in close proximity to where it can be obtained with the access method (unless you make a reasonable attempt to protect the security of your password).
  • Keep a written record of all passwords required to perform a transaction on one or more articles or devices liable to be lost or stolen simultaneously, without making a reasonable attempt to protect the security of your password.

15. If you have any indication or suspicion your login details or other security features have been lost, stolen, misappropriated, used without authorization or otherwise compromised, you are advised to change your password and should contact our Customer Services at: info@KKOG.io without delay. Even if you are confident that codes are secure you must tell us as soon as you become aware of the loss or theft of an access method or of any unauthorized access to your Digital Wallet.

16. You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your Digital Wallet. In case any of the e-mail addresses registered with your Digital Wallet are compromised, you should contact Customer Services at: info@KKOG.io without delay and also contact your e-mail service provider.

17 Any message you receive that asks for your password, other than when logging into your KKOG Account, should be reported to us. If you are in doubt whether a request is genuine, you should contact the KKOG Customer Services at: info@KKOG.io.

18. We shall not be liable for any loss arising from unauthorized access to your Digital Wallet.


19. We may contact Members by e-mail or in other ways with information or notices regarding Member Services including your Digital Wallet. In order to receive notices and statements electronically you must provide us with your email address. It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered with your Digital Wallet and to retrieve and read messages relating to your Digital Wallet promptly. We shall not be liable for any loss arising out of your failure to do so.

20. You are required to check for incoming messages regularly. Emails may contain links to further communications on the KKOG Platform. We will contact and communicate to you in English and will only accept communications made to us in English.

21. Any notice, request, demand or other communication may be sent to your postal or email address last notified to us and the notice, request, demand or other communication shall be taken to have been received by you:

  • When sent by email, one hour after we have sent it.
  • When sent by mail, three (3) business days after we have sent it;
  • When delivered, on the day of delivery.

22. A notice, request, demand or other communication that you send to us will be acknowledged as having been received by us when we receive it.

Linked Websites

23. We may provide links to third party websites (Linked Websites). Those links are provided for convenience only and may not remain current or may not be maintained. Unless otherwise notified on the KKOG Platform, Linked Websites are not reviewed, controlled or examined by us in any way. We are not responsible for the content, privacy practices, availability, advertising, products or other materials on any such Linked Websites, or any links on the Linked Websites.

24. Except as otherwise expressly stated on the KKOG Platform, we do not endorse, or associate with the Linked Websites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Platforms.

25. In no event shall KKOG or our affiliates be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves or the information or material accessed through the Linked Websites. You should direct any concerns to the relevant Linked Website’s administrator. KKOG reserves the right, in its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the KKOG Platform and/or introduce different features or links.


26. KKOG cannot accept responsibility for matters relating to the KKOG Platform that are outside of the reasonable control of KKOG.

27. All information provided by KKOG on the KKOG Platform is provided in good faith, without any guarantees, conditions or warranties as to its accuracy.

28. KKOG products are issued by King Kong Organics Inc.

29. The advice provided in relation to the KKOG Platform, including on the KKOG Platform website, is general advice only and has been prepared without taking into account your objectives, financial situation and needs.

30. Before making any decision in relation to KKOG or any products offered by KKOG you should read the Product Disclosure Statement (PDS) and consider whether they are right for you. The PDS is available at www.KKOG.io/pds

31. Past performance is no indication of future performance.

32. Any forecasts are subject to change without notice.

33. None of KKOG services guarantee any income or return of capital.

34. KKOG reserves the right to update this information at any time.

Limitation of Liability

35. Certain non-excludable statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in these Terms and Conditions is intended to exclude or restrict the application of such laws but KKOG does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of the KKOG Platform outside these laws.

36. Subject to claims available under consumer protection laws:

  • KKOG is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with the use of or inability to use the KKOG Platform;
  • KKOG is not liable for disruptions to the KKOG Platform; and
  • KKOG is not liable to you or anyone else if interference with or damage to your computer systems, equipment, programs, data or other proprietary material occurs in connection with the use of the KKOG Platform, a Linked Website or other external platform. You must take your own precautions to ensure that whatever you select for use from the KKOG Platform is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

37. If we breach any non-excludable statutory warranties you may be entitled to compensation. When you are not a consumer under consumer protection laws our liability for loss or damage is limited to re-supplying the service to you or paying the costs of having the service re-supplied to you. When you are a consumer under consumer protection laws our liability is limited in this way only to the extent permitted by those laws.

38. KKOG accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond the reasonable control of KKOG.

Viruses, Hacking and Other Offences

39. You must not misuse the KKOG Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the KKOG Platform, the server on which the KKOG Platform is stored or any server, computer or database connected to the KKOG Platform. If you engage in such conduct, your right to use the KKOG Platform will cease immediately.

Intellectual Property Rights

40. The material contained on the KKOG Platform, including promotional materials and the KKOG Platform website, is protected by copyright. You may use the material on the KKOG Platform only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the KKOG Platform, or create any other material using material on the KKOG Platform, without obtaining the prior written consent of KKOG.

41. Our trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of KKOG.

42. The KKOG Platform and the products, technology and processes contained on the KKOG Platform may be the subject of other intellectual property rights owned by KKOG or by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of the KKOG Platform must not in any way infringe the intellectual property rights of any person.

43. When you post or transmit material on the KKOG Platform, you assign all intellectual property rights that subsist in such material to KKOG, which KKOG may then assign to a third party. To the extent necessary, you consent to any acts by KKOG or KKOG’s licensees or assignees that may infringe your moral rights in the material that you create (for example, KKOG may not always be able to identify you as the author of the material that you create and submit to the KKOG Platform).


44. Platform analytics measurement software is used to assist in tracking traffic patterns to and from the KKOG Platform to survey users of the sites.

45. 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.

46. KKOG may also use external service providers to track the traffic and usage on the KKOG Platform. 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.

Digital Wallet Terms

47. A Member’s Digital Wallet (referred to only as ‘Wallet’ on the KKOG Platform) is an arrangement between the Member and KKOG under which KKOG holds Member funds, and any money that a Member receives as a distribution or from the sale of Bricks, on trust for a Member. A Member can use the money in their Digital Wallet to purchase Bricks or withdraw the money into a Member’s nominated personal bank account.

48. Digital Wallet means the Account (or, if determined in KKOG’s discretion, multiple accounts) opened and maintained by KKOG on behalf of each Member through which Members are able to deposit funds to acquire Bricks and receive funds in connection with Bricks, including distributions and the proceeds of a disposal of Bricks.

49. Fund transfers into the KKOG Platform are executed through external payment gateways, that support every major bank. KKOG may, at its discretion, advance some or all of the funds deposited to the Member’s Digital Wallet ahead of the funds transfer being complete, for the purpose of allowing a Member to buy Bricks (Advanced Funds). During this period of advancement, the Member will only have the functionality to buy Bricks. Once the funds transfer is complete, the ability to sell Bricks and withdraw funds will be enabled.

50. A Member’s Digital Wallet will be debited of all funds required to settle an acquisition of Bricks by the Member. This includes fees and such other amounts as KKOG determines to be appropriate to debit the Member’s Digital Wallet in relation to dealing with Bricks and any other amounts payable by a Member to the Responsible Entity in accordance with the KKOG Platform Constitution.

51. KKOG may determine that a Member must hold a minimum amount in their Digital Wallet from time to time.

Your Digital Wallet

52. The funds in your Digital Wallet belong to you. No person other than the Digital Wallet holder has any rights in relation to the funds held in your Digital Wallet. However, we may withdraw amounts from the Digital Wallet where authorized by you.

The Risks Involved

53. You should be aware of risks such as the possibility of unauthorized transactions on your Digital Wallet. Please refer to ‘protecting your username and password’ in these Terms and Conditions for more information.

54. KKOG is dependent on the reliability of its operational processes and those of its technology and telecommunications partners in respect of computers, computer networks and telecommunications. Disruptions to these processes may result in the Digital Wallet and Member Services being unavailable from time to time. There is a risk that you may not be able to access your Digital Wallet or make transactions through a service which is reliant on computer and/or telecommunications systems.

55. While KKOG allows you to transact simply using your electronic equipment and login details, because of that simplicity, it also poses special risks, including:

  • If someone else has your passwords or codes, they can transact on your account as if they were you. You may be liable for such transactions (refer to ‘liability’ for details).
  • You should ignore any emails that appear to come from us that require you to input your passwords or codes. We will never send such email requests. These emails may come from third parties seeking to use the information to access your accounts.
  • You should also be careful about using services, which offer to interface with KKOG or other means of electronic banking on your behalf. For example, you may be led to believe that you are inputting your passwords or codes into the KKOG Platform, while in fact the disclosure is being made to a third party hosting a hoax platform.
  • Your access to the KKOG Platform may be suspended if we detect or suspect unusual activity which may be the result of malware or a computer virus, ID takeover or phishing. KKOG reserves the right to withhold access to the Digital Wallet and Member Services where we continue to detect malware or a computer virus, or you refuse to follow our recommendations provided to you to assist with the removal of malware and/or computer viruses from your computer.

Maintaining Your Digital Wallet

56. Transferred funds, monthly distributions, Brick payments and fund withdrawals are all displayed in your online transactions history together with the fees charged. Each transaction is given a unique transaction ID and shown in the transaction history. You should quote this transaction ID when communicating with us about a particular transaction. You should check your Digital Wallet balance and transaction history regularly.

57. You should report any irregularities or clarify any questions you have as soon as possible by contacting KKOG Customer Services at: info@KKOG.io

Receiving Funds

58. You direct that your KKOG Trust income (if any, and reduced by the payment of any expenses properly incurred by the trustee in the authorized administration of the KKOG Trust) distributed in accordance with clause of the deed establishing the relevant KKOG Trust is to be paid by the trustee into your Digital Wallet.

59. When you receive funds into your Digital Wallet, you will receive an electronic notification either in your KKOG Account or to your nominated e-mail address depending on the type of income it is. You should regularly reconcile incoming payments with your own records.


60. You must not use your Digital Wallet for any illegal purpose including, but not limited to, fraud, money laundering and counter-terrorism financing. We will report any suspicious activity to the relevant law enforcement agency.

61. You must not manipulate the Order Book, or attempt to manipulate the Order Book.

62. If you directly or indirectly conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, or we are prohibited by law from providing services to you, without the necessary approval, we reserve the right to take any of the following steps:

  • Reverse the transaction.
  • Close or suspend your Digital Wallet.
  • Report the transaction to the relevant law enforcement agency.
  • Claim damages from you

Withdrawing Funds

63. To withdraw funds, a Member must login to their KKOG Account and place a withdrawal request. The withdrawn funds will be paid into the bank account nominated by the Member.

64. You will not be able to withdraw funds while your Digital Wallet contains advanced funds.

Closing Your Digital Wallet

65. You may close your Digital Wallet by selling all your Bricks and withdrawing all the funds in your Digital Wallet and deactivating your KKOG Account.

Fees and Other Costs

66. Please review the KKOG Product Disclosure Statement to understand the fees and other costs you may be charged.

67. You should read all the information about fees and costs because it is important to understand their impact on your investment.

Unauthorized Payments

68. In case of an unauthorized payment or a payment that was incorrectly executed due to an error by us, we shall at your request refund the payment amount including all fees deducted. This shall not apply where the unauthorized payment arises from your failure to keep the personalized security features of your Digital Wallet safe, in which case you shall remain liable for the transaction and you release and discharge us from liability in this regard.

69. We take all reasonable steps to ensure that our electronic equipment functions properly. However, failures may occur and this has an impact on liability. We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely. We shall not be liable for any indirect or consequential losses, including but not limited to loss of profit, loss of business and loss of reputation. If the KKOG Platform does not accept your instructions, we are not liable to you. In the event of a malfunction of the KKOG Platform or equipment, our liability is limited to correcting any errors and refunding any fees or charges imposed on you.

70. We are not liable if you can’t make a transaction because the KKOG Platform did any of the following:

  • Did not recognize your username or password for any reason other than faulty electronic equipment.
  • Did not work because of your deliberate or negligent act.
  • Was not used according to these Terms and Conditions or any other terms in place between you and us.

71. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another KKOG customer.


72. We may suspend your Digital Wallet at any time if the following has occurred:

  • We reasonably believe that your Digital Wallet has been compromised or for other security reasons.
  • We reasonably suspect your Digital Wallet to have been used or is being used without your authorization or fraudulently.
  • We reasonably believe you have breached any condition of these Terms and Conditions or any other terms in place between you and us.
  • We have reason to believe you are in violation of any law or regulation (whether local or foreign) that is applicable to your use of our Member Services.
  • We have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.
  • We shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
  • If we exercise our rights to suspend your Digital Wallet, you must pay any losses, costs or expenses that we incur in relation to any such action.

Consent to disclosure to Credit Reporting Agency, Document Issuer or Official Record Holder

73. As a part of verification processes for the purpose of complying with the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth) (AML/CTF Act) and associated rules and regulations, we may need to disclose your full name, residential address and date of birth to a service provider acting as our agent, who may provide such information to a credit reporting agency for the purpose of providing an assessment of whether this identification information matches (in whole or in part) personal information held by the credit reporting agency.
Further document verification services may be conducted involving personal details being checked with the document issuer or official record holder.

74. The credit reporting agency may compare your details with personal information held by the agency (being the names, residential address and dates of birth of other individuals) for the purposes of making this assessment.

75. The assessment will be provided to KKOG, or its agent, for the sole purpose of verifying your identity. If KKOG, or its agent, is unable to verify your identity using information held by a credit reporting agency, KKOG will provide you with a notice to this effect and the name of the credit reporting agency and give you the opportunity to contact the CRB to update your information.

76. Records of the verification request will be made by KKOG and the credit reporting agency and retained for 7 years from the date of the request and for 7 years after KKOG ceases to provide services to you. You can request access to your records.

77. By clicking the checkbox confirming you have read and accept these Terms and Conditions, you provide your express consent to KKOG disclosing your personal information to a credit reporting agency or document issuer or official record holder for the purposes of the AML/CTF Act.

78. You have the right to let us know by email at info@KKOG.ioif 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.

Applicable Laws

79. These Terms and Conditions are governed by the laws of California. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in California, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.

80. All dealings between you and us are subject to the Corporations Act 2001 (Cth) and the AML/CTF Act. Please refer to the PDS for more information.

81. In the event that you appear to be a Proscribed Person, we will not be responsible for any loss, liability or costs incurred by you where we are unable to receive or act on your instructions.

Your Commitments

82. You warrant, if you are a company incorporated or registered in Australia, that we are able to rely on the Australian Securities and Investments Commission (ASIC) company search of you as being up to date and correct at all times.

83. You agree to notify us either via email or through a facility provided by us of changes in information that are relevant to any dealing or proposed dealing. Information which is relevant to any dealing includes your:

  • name;
  • postal address;
  • contact phone number, facsimile number and email address;
  • bank account details; and
  • authorized representatives and particulars of that authorized representative as set out in the items above.

84. You acknowledge and agree:

  • That if you or another person who has gained access to your Member rights appear to be a Proscribed Person, then we may immediately refuse to process or complete any transaction or dealing of yours; suspend the provision of a product or service to you; refuse to allow or to facilitate any of your assets held by us to be used or dealt with; refuse to make any asset available to you or to any other Proscribed Person or entity; or terminate these arrangements with you. We will be under no liability to you if we do any or all of these things. Our rights under this section are in addition to all other rights we may have under relevant laws; and
  • that if we exercise the rights set out above, you must pay us any damages, losses, costs or expenses that we incur in relation to any action taken, including without limitation administrative costs and/or costs of sale or purchase of any transaction or deal put in place for the purposes of meeting our obligations under these Terms and Conditions.
  • You acknowledge that as soon as you become aware of an error or omission relating to your participation on the KKOG Platform (including in relation to Member Services and your Digital Wallet), you must notify KKOG of such error or omission and you are responsible for taking necessary action to mitigate further loss. See ‘Contact Information’ for KKOG’s contact details. You acknowledge that time is of the essence in dealings with us.
  • When referring friends to the KKOG Platform through the KKOG Referrals program, you acknowledge and agree that you are not acting on behalf of KKOG or Theta and that you undertake such referral activity at your own risk.


If any part of any of these Terms and Conditions is found to be void or unenforceable for unfairness or any other reason (for example, if a court or other tribunal or authority declares it so), the remaining parts of these terms and conditions will continue to apply as if the void or unenforceable part had never existed.

Contact Information

85. These Terms and Conditions are publicly available on the KKOG Platform website at www.KKOG.io

86. If you have any concerns about material that appears on the KKOG Platform website, please contact us in accordance with the details set out below.
King Kong Organics Inc.
Address: 101 S. Topanga canyon Blvd, #1747 Topanga CA 90290
Telephone: 310-283-6858
Email: info@KKOG.io


87. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning given in the Product Disclosure Statement relating to the KKOG Platform.

88. “Proscribed Person” means a person who appears to us either:

  • Appears to us to be in breach of the laws of any jurisdiction relating to anti-money laundering or counter-terrorism financing;
  • Appears in a list of persons with whom dealings are proscribed by the government or regulatory authority of any jurisdiction; or
  • Acts on behalf, or for the benefit of, a person listed in bullet point 1 or 2 of this definition.


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: –

  • Information Audit – carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.
  • Policies & Procedures – data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including: –
    • Data Protection – our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
    • Data Retention & Erasure – we have updated our retention policy and schedule to ensure that we meet the ‘data minimization’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.
    • Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
    • International Data Transfers & Third-Party Disclosures – where KKOG stores or transfers personal information outside the EU, we have procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without.
  • Legal Basis for Processing – we are reviewing all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to.
  • Privacy Notice/Policy – we have revised our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
  • Obtaining Consent – we have revised our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
  • Direct Marketing – we have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
  • Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data; we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).
  • Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, hosting etc), we have drafted compliant Processor Agreements and due diligence procedures for ensuring that they (as well as we), meet and understand their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organizational measures in place and compliance with the GDPR.
  • Special Categories Data – where we obtain and process any special category information, we do so in complete compliance with the Article 9 requirements and have high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.

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: –

  • What personal data we hold about them
  • The purposes of the processing
  • The categories of personal data concerned
  • The recipients to whom the personal data has/will be disclosed
  • How long we intend to store your personal data for
  • If we did not collect the data directly from them, information about the source
  • The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
  • The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
  • The right to lodge a complaint or seek judicial remedy and who to contact in such instances

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