Privacy Policy

 

PRIVACY POLICY

(Last Modified:  June 2021)

 

Kendago B2C Media Solutions Ltd. (“Kendago”, “Company”, “we” or “us”) develop and operate the “Kendago Analytics” App, which allows the Company to perform certain actions with respect to the Company’s use of YouTube, whether for itself or for any of the Company’s customer’s using YouTube (“Services”).

This Privacy Policy (“Privacy Policy”) describes our practices of collecting and processing personal data (as defined below) from users who access and use our App (“Users” or “you”). We respect the privacy of our Users and believe that it is of utmost importance. Therefore, we encourage you to read this Privacy Policy carefully before accessing our App or use our Services.

Please note, that the App is an internal interface designated for the internal use of our employees and other affiliated parties. Only users with specific permissions and access methods provided by the Company can use the App, and the use of the App by any such User is limited to the actions and access authorizations set by us.

This Privacy Policy explains what data we may collect from you, how such data may be used or shared with others, how we safeguard it, and how you may exercise your rights related to your personal data (as defined below). in the event you are present inside the European Economic Area (“EEA“), such rights may be granted to you under the EU General Data Protection Regulation (“GDPR” or “Regulation”). However, the Company is an Israeli based, and therefore its employees using the App are usually Israeli and operate from Israel.

This Privacy Policy is an integral part of any other agreement between you and the Company, including the App’s End User License Agreement. Any defined terms that are used herein but not defined herein shall have the meaning ascribed to them in our EULA.

1. AMENDMENTS

We reserve the right to periodically amend or revise this Privacy Policy which will go into effect immediately upon the implementation of the revised Privacy Policy on our App. The last revision date will be reflected in the “Last Modified” heading located at the top of the Privacy Policy. We will make a reasonable effort to notify you if we implement any changes that substantially change our privacy practices. We recommend that you periodically review this Privacy Policy to ensure that you understand our privacy practices and check for any amendments.

 

2. Who are we and Contacting Us

Kendago B2C Media Solutions Ltd.

37 Shlomo Hamelech,

Kiryat Ono, Israel

or via email at info@b2cmsl.com

Questions, comments, requests and complaints regarding this Privacy Policy and the information we hold are welcome and should be addressed to us by using the contact details above. All requests will be dealt with promptly and efficiently.

3. Data Controller / Data Processor for GDPR purposes

Under the GDPR we act as the “Data Controller” of our users’ Personal Data.

4. Collection of Non-Personal Data
   •  
   • Since the use of the App is limited solely to authorized users through designated identification data provided to the by the company, we usually do not collect any anonymized or de-identified dat. However, in certain cases, we may use some tools for technical management and analytics of the App. In that case, some of the data we will collect might be aggregated, non-personal and non-identifiable manner, including but not limited to, aggregated usage, access time and date, actions performed in the App, etc. (“Non-Personal Data”).
   • Also, we may sometimes process and anonymize or aggregate personal data and identifiable information in a manner that shall create a new set of data that will be Non-Personal Data. Such a new data set can no longer be associated with any identified person.
   • Non-Personal Data may be used by us without limitation and for any purpose, including for commercial, research, or statistical purposes, without further notice to you.
5. Collection of Personal Data
   • During your use of the App, we will collect individually identifiable information, namely information that identifies an individual or may with reasonable effort be used to identify an individual (“Personal Data” or “Personal Information” as defined under applicable law). This may include online identifiers, name, password, IP, email, credentials, etc., subject to applicable law. Also, and alongside any such identifying data, we may collect and process certain usage data, such as your date and time of access, actions performed by you, etc.
   • For the avoidance of doubt, any Non-Personal Data connected or linked to any Personal Data shall be considered as Personal Data for as long as such connection or linkage exists.
   • In case you will voluntarily provide us with your Personal Information, we may manage it under a “User Ticket” in one of our systems in accordance with the terms of this Privacy Policy.

 

6. processing of Personal Data – Purposes and Lawful Basis

We have included in the table below information about which data is processed, how we process and use your data and the lawful basis for which we do so subject to the GDPR.

 

Type of Data	Purpose of Processing	Lawful Basis
Credentials and usage data   When using the App, you will be required through specific credentials provided to you by the Company (“Login Information”). Suh Login Information may consist of names, emails, usernames and passwords. Also, as part of using the App, our systems will record and keep your usage data, such as dates and times of using the App, actions performed, your IP, links and You Tube videos used by you, etc. Such data is being provided by you, only as part of your use of the App, upon your sole discretion or as part of your employment in the Company.	We will process your Login Information to enable the use of the App, and verifying your identity as an authorized user.   Also, we will keep any usage data, for monitoring your use of the App, keeping log files and improving the App and any of our services as a business unit. Also, if you are an employee of the Company, we may process some of the data as part of our internal records regrading our daily conduct, including your performance as an employee (in accordance with applicable law).	The lawful basis for processing your information will be our legitimate interest as your employee and the owner of the App, allowing you to use it for our purposes.
Online identifiers and other Technical Data   When you use our App, we may, either directly or indirectly (through our third-party service providers), collect certain online identifiers, including your IP address, Advertising ID, and IDFA.	We process this data under our legitimate interests of (i) operating, providing, maintaining, protecting, managing, customizing, and improving our App; (ii) enhancing your experience with or App; (iii) auditing and tracking usage statistics and traffic flow.   In the event required under the Regulation, we will obtain your consent to gather such information, for example through the use of cookies.	Such processing is part of our legitimate interests as a commercial business.

 

7. How We Collect Information

We may collect information as follows:

• Automatically– we may use cookies (as elaborated in the section below) or similar tracking technologies to gather some information automatically.
• Provided by you voluntarily– we will collect information if and when you choose to provide us with the information, such as your Login Information when installing and accessing the App, all as detailed in this Privacy Policy.

 

8. Cookies Policy and Tracking Technologies
   • We or our third-party service providers may use cookies and other similar tracking technologies or methods of web and mobile analysis to gather, store, and track certain information related to your access of, activity, and interaction with our Services and App, as applicable.
   • A “cookie” is a small piece of information that the App assigns to your device (workstation or computer) while you access such App. Cookies are very helpful and may be used for a variety of different purposes. These purposes include, among other things, allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your preferences, and making the interaction between you and the App quicker, easier and smoother. Cookies are also used to help customize your experience and for advertising purposes. You can find out more information about cookies at allaboutcookies.org.
   • Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You may remove cookies by following the instructions in your device preferences. However, please note that if you choose to disable cookies, some features of our App and Services may not operate properly and your online experience may be limited.
   • We may use various types of Cookies and Pixels:

• Essential – which are necessary for the site to work properly (usually appears under our name/cookie tag);
• Functional – designated to save your settings on the App – your language preference or other view preferences;
• Analytics – give us aggregated and statistical information to improve the App and further developing it e.g., Google analytics, Google Firebase Catalytic, etc.
• Third-party services used by us – for example, to build a profile of your interests and show you personalized content and advertisements. They work by uniquely identifying your browser and device.
  • Please note that the data collected by the use of Cookies may be linked to and combined with any other data, including Personal Data. Also note, that Cookies and Pixels data is usually collected through third-party services, like Google, Facebook, etc. In those cases, your Personal Data might be transferred to those third parties, which might use it, as a “joint controller” or “Co-Controller” of the data, or on other cases as the “Sub-Processor” of the data, meaning that the data is also “owned” and processed by them under their terms and conditions. Under those terms and conditions and the direct accounts or subscriptions you have with those third parties, your Personal Data might be linked to other data collected by the relevant third party and processed in its systems, for its purposes, and under its management. For example, suppose you have a Facebook account, the Personal Data collected through Facebook’s Cookies in Our App might be linked to other data Facebook collects and might be used by Facebook per the independent agreements between you and Facebook.

 

9. SHARING DATA WITH THIRD PARTIES

We do not share any Personal Data collected from you with third parties except in the following events:

• Legal Requirement: We will share your information in this situation only if we are required to do so to comply with any applicable law, regulation, legal process, or governmental request (e.g., to comply with a court injunction, comply with tax authorities, etc.);
• Policy Enforcement: We will share your information, solely to the extent needed to (i) enforce our policies and agreements; or (ii) to investigate any potential violations thereof, including without limitations, detect, prevent, or take action regarding illegal activities or other wrongdoings, suspected fraud or security issues, solely to the extent required;
• Company’s Rights: We will share your information to establish or exercise our rights, to prevent harm to our rights, property, or safety, and to defend ourselves against legal claims when necessary, subject to applicable law;
• Third Party Rights: We will share your information, solely to the extent needed to prevent harm to the rights of our Users, yourself, or any third party’s rights, property, or safety;
• Service Providers we share your information with third parties that perform services on our behalf (e.g. customer service, tracking, servers, service functionality, support, etc.), as reasonable for our business purposes. These third parties may be located in different jurisdictions.
• Corporate Transaction – we may share your information in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy;
• Authorized Disclosures – we may disclose your information to third parties when you consent to a particular disclosure. Please note that once we share your information with another company, that information becomes subject to the other company’s privacy practices.

 

10. Your user rights under Privacy Protection laws
    • The data protection applicable regulation provides you with the ability to exercise some rights regarding your Personal Data that we hold such as:

• Right to access your Personal Data – you can ask us to confirm whether or not we have and use your Personal Data, and if so, you can ask for a copy of your data;
• Right to correct your Personal Data – you can ask us to correct any of your Personal Data that is incorrect, after verifying the accuracy of the data first;
• Right to erase your Personal Data – you can ask us to erase your Personal Data if you think we no longer need to use it for the purpose we collected it from you. You can also ask for such erasure in any case in which the process of your data was based on your consent, or where we have used it unlawfully, or where we are subject to a legal obligation to erase your Personal Data. any request for such erasure will be subject to our obligations under the law (e.g., our obligation to keep some records for tax or customs purposes);
• Right to restrict our use in your Personal Data – you can ask us to restrict our use of your Personal Data in certain circumstances;
• Right to object to how we use your Personal Data – you can object to any use of your Personal Data which we have justified by our legitimate interest if you believe your fundamental rights and freedoms to data protection outweigh our legitimate interest in using the information;
• You can always require us to refrain from using your data for direct marketing purposes (however note that we won’t use any of your data collected in the App for such purpose);
• You can ask us to transfer your information to another organization or provide you with a copy of your Personal Data (Portability Right);
• Right to file a complaint to a supervisory authority for data protection issues. However, we will appreciate the chance to deal with your concerns before you approach the authorities, so please feel free to contact us in the first instance.
  • We may not always be able to do what you have asked. Also, not all those rights apply in every jurisdiction. Also, please note that in case you are an employee of the Company, some of those rights may not be granted to you, since the collected data is aso part of Company’s proprietary data.
  • Yet, we encourage you to contact us with any such request, and we will be happy to assist you.
  • You have the right to lodge a complaint at any time before the relevant supervisory authority for data protection issues. However, we will appreciate the chance to deal with your concerns before you approach the authorities, so please feel free to contact us in the first instance.
  • Though those rights principally apply under the GDPR towards EU residents, similar rights may apply in other jurisdictions, to some extent, in accordance with the relevant jurisdiction. Thus, if you are not an EU resident but still have any such request, we encourage you to contact us with any such inquiry and we will do our best to assist you, in accordance with the applicable law and our legitimate and lawful interests.

11. Data retention

Since the data I basically usage data of our internal App, we will keep the data for an unlimited period, in accordance with our requirements and sole discretion.

 

12. SECURITY

We use physical, technical, and administrative security measures for the Services that we believe comply with applicable laws and industry standards to prevent your information from being accessed without the proper authorization, improperly used or disclosed, unlawfully destructed or accidentally lost.

However, unfortunately, the transmission of information via the internet and online data processing cannot be 100% secure. As such, although we will do our best to protect your Personal Data, we cannot guarantee the security of data transmitted via the App and any transmission of your data shall be done at your own risk.

13. Data Processing Location

We may store or process your Personal Data in a variety of countries, including Israel and the United States.

Israel is a country that the European Data Protection Board considers offering an adequate level of Personal Data protection regulation, or other countries.

As explained above, the App is basically internal and designated for the use of our employees in Israel and the US. However, any transfer of data that originates in the European Union (“EU“) to a country outside of the European Economic Area (EEA), shall be made in compliance with the provisions of chapter 5 of the GDPR, e.g.:

• transfer to a country that is recognized as providing an adequate level of legal protection;
• transfer under a proper agreement containing the Standard Contractual Clauses published and authorized by the relevant EU authorities;
• where we can be satisfied those alternative arrangements are in place to protect your privacy rights through the use of any other mechanism under the GDPR.

Suppose you are a resident of a jurisdiction where the transferring of your Personal Data requires your consent, your consent to this Privacy Policy includes your express consent for such transfer of your data.

 

14. CHILDREN

Our App are not directed, nor is it intended for use by children (the phrase “child” shall mean an individual that is under age defined by applicable law which concerning the European Economic Area (“EEA“) is under the age of 16 and with respect to the U.S.A, under the age of 13) and we do not knowingly process a child’s information. We will discard any information that we receive from a User who is considered a “child” immediately upon discovering that such User shared information. Please contact us if you have reason to believe that a child has shared any information with us.

 

15. Google Privacy Policy

By using the app, you are also agreeing to Google’s Privacy Policy that can viewed at http://www.google.com/policies/privacy.

If you wish to revoke the app’s access to your Google data, you can always go to https://security.google.com/settings/security/permissions.