The following terms and conditions govern all use of (i) the Kitcast Inc. dashboard and product pages (the Sites), and (ii) the services and products available at or through the Kitcast application (the Service or Application). Kitcast Inc. provides the Application for Apple TV to stream content uploaded and/or created via the Kitcast dashboard.
When we say ‘we’, ‘us’ or ‘Kitcast’ it’s because that’s who we are and we own and run the Sites.
The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by Kitcast Inc.
PLEASE READ THIS END USER LICENSE AGREEMENT (EULA) CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (YOU) AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS EULA, THEN YOU MAY NOT ACCESS THE SITE, THE SERVICE, OR ANY PART THEREOF. Kitcast Inc.’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, TO THE EXCLUSION OF ALL OTHER TERMS; IF THIS EULA IS CONSIDERED AN OFFER BY Kitcast Inc., YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS OF THIS AGREEMENT.
The Service is available only to individuals who are at least 13 years of age. If you do not so qualify, do not attempt to use the Service. Kitcast Inc. may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
When used in this EULA, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Service” or “Application” meaning the software application for Apple TV platform that provides a technical solution for streaming content, moderated by a User.
“Site” or “Dashboard” or “Product page” meaning the web part of the Kitcast functionality that provides a User with information regarding Kitcast services and/or the tools for adding and managing the content to stream via the Service.
“Add-ons” or “Extensions” means a certain combination of qualitative and quantitative characteristics of the Site and the Service a User may choose to subscribe to for the corresponding fee.
“License” means your right to use all or part of the features provided by the Site and the Service in accordance with your current subscription add-ons or obtained in-app purchases.
“Use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the Site and the Service.
“Data Controller”: Kitcast Inc. (following names as “Owner”).
“Data Controller contact address”: firstname.lastname@example.org
Jurisdiction and acting regulations: This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
Legal basis of processing: The Owner may process Personal Data relating to Users if one of the following applies: Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law; provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof; processing is necessary for compliance with a legal obligation to which the Owner is subject; processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner; processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party. In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Kitcast Inc. reserves the right, at its sole discretion, to modify or terminate the Service or to modify this Agreement, at any time and without prior notice. If we modify the Service or this Agreement, we will post the modification on the Kitcast Inc. website (the “Site”) or provide you with notice of the modification. By continuing to access or use the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to use the modified Service and/or to be bound by the modified Agreement. If the modified Service or Agreement is not acceptable to you, your only recourse is to cease using the Service.
COLLECTION OF PERSONAL INFORMATION
The type of personal information we collect
• We collect certain personal information about visitors and users of our Sites.
• The most common types of information we collect include things like: user-names, email addresses, IP addresses, other contact details, survey responses, payment information such as payment agent details, transactional details, tax information, support queries, content you direct us to and web analytics data.
How we collect personal information
• We collect personal information directly when you provide it to us, automatically as you navigate through the Sites.
• We collect your personal information when you provide it to us when you complete account registration and buy or subscribe on services on our Sites, subscribe to a newsletter, email list, submit feedback, fill out a survey, or send us a communication.
Personal information we collect about you from others
• Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular:
- financial and/or transaction details from payment providers located in the US in order to process a transaction;
- third party service providers (please, consult the apposite section below, too) (like Google, Facebook) who are located in the US or UK, which may provide information about you when you link, connect, or login to your account with the third party provider and they send us information such as your registration and profile from that service, this only occurs if you are using Kitcast. The information varies and is controlled by that service provider or as authorized by you via your privacy settings at that service provider; and
How we use personal information
• We will use your personal information:
- To fulfill a subscription (and/or the add-on purchase), or take steps linked to a subscription (and/or the add-on purchase): in particular, in facilitating and processing transactions that take place on the Sites, like where you purchase a device.
- Where this is necessary for purposes which are in our, or third parties, legitimate interests. These interests include:
a) operating the Sites;
b) providing you with services described on the Sites;
c) verifying your identity when you sign in to any of our Sites;
d) responding to support tickets, and helping facilitate the resolution of any disputes;
e) updating you with operational news and information about our Sites and services e.g. to notify you about changes to our Sites, website disruptions or security updates;
f) carrying out technical analysis to determine how to improve the Sites and services we provide;
g) monitoring activity on the Sites, e.g. to identify potentially fraudulent activity and to ensure compliance with the user terms that apply to the Sites;
h) managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey;
i) managing our legal and operational affairs (including, managing risks relating to content and fraud matters);
j) training Kitcast Inc. staff about how to best serve our user community;
k) improving our products and services.
l) providing general administrative and performance functions and activities; and
processing your job application to Kitcast Inc.
- Where you give us consent:
a) providing you with marketing information about products and services which we feel may interest you; and
- For purposes which are required by law.
- For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.
When we disclose your personal information
• We will disclose personal information to the following recipients:
1) Partners and Resellers of the Kitcast services
2) subcontractors and service providers who assist us in connection with the ways we use personal information (as set out above), in particular: website hosting providers; technical and customer support services; recruitment agencies; marketing and analytics services; security and fraud prevention services; subscription management services which; payment processing services; and operational tooling services. Noting that our subcontractors and services providers may also transfer and access such information from other countries in which they have operations.
3) our professional advisers (lawyers, accountants, financial advisers etc.);
4) regulators and government authorities in connection with our compliance procedures and obligations;
5) a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
6) a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
7) a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
8) a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
9) other recipients where we are authorised or required by law to do so.
Links/Use to Other Websites/Services
Google Analytics Use
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Where we transfer and/or store your personal information
• We are based in the US so your data will be processed in the US. Some of the recipients we have described in section When we disclose your personal information above, and to whom we disclose your personal information, are based outside the US in places like Canada, Ireland, Philippines, Poland, Romania, UK, and others. We do this on the basis of your consent to this policy. In order to protect your information, we take care where possible to work with service providers who we believe maintain an acceptable standard of data security compliance.
How we keep your personal information secure
• We store personal information on secure servers (Amazon Web Services ((AWS)) that are managed by us and our service providers. Personal information that we store or transmit is protected by security and access controls, including username and password authentication, two-factor authentication, and data encryption where appropriate.
How you can access your personal information
• You can access some of the personal information that we collect about you by logging in to your Kitcast account. You also have the right to make a request to access other personal information we hold about you and to request corrections of any errors in that data. You can also close the account you have with us for any of our Sites at any time. To make an access or correction request, contact our support team using the contact details at the end of this policy.
Marketing Choices regarding your personal information
• Where we have your consent to do so (e.g. if you have subscribed to one of our e-mail lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
• You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.
Cookies (not the type you eat!) and web analytics
• When you visit our Sites, there’s certain information that’s recorded which is generally anonymous information and does not reveal your identity. If you’re logged into your account some of this information could be associated with your account. We’re talking about the following kinds of details:
1) your IP address or proxy server IP address’;
2) the domain name you requested;
3) the name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
4) the date and time of your visit to the website;
5) the length of your session;
6) the pages which you have accessed;
7) the number of times you access our site within any month;
8) the file URL you look at and information relating to it;
9) the website which referred you to our Sites; and
10) the operating system which your computer uses.
Information about children
Our Sites are not suitable for children under the age of 13 years, so if you are under 13 we ask that you do not use our Sites or give us your personal information (if you are a young tech wiz, please direct your nearest responsible adult to use the Sites for you!). If you are from 13 to 18 years, you can browse the Sites but you’ll need the supervision of a parent or guardian to become a registered user. It’s the responsibility of parents or guardians to monitor their children’s use of our Sites.
How long we keep your personal information
Standard Rights of the User under GDPR
Users may exercise certain rights regarding their Data processed by the Owner.
Users entitled to broader protection standards may exercise any of the rights described below. In all other cases, Users may inquire with the Owner to find out which rights apply to them.
In particular, Users have the right to do the following:
• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
• Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
• Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
• Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
• Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
• Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
• Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
• Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
When we need to update this policy
• We will need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices.
• When we do change the policy, we’ll make sure to notify you about such changes, where required. A copy of the latest version of this policy will always be available on this page.
How you can contact us
• If you have any questions about our privacy practices or the way in which we have been managing your personal information, please contact our support team at email@example.com.