Privacy Policy Page
1. Introduction
1.1 Welcome to the tkismo platform operated by tkismo.inc and its affiliates (individually and collectively referred to as “tkismo,” “we,” “us,” or “our”). tkismo takes its responsibilities under applicable privacy laws and regulations (“Privacy Laws”) seriously and is committed to respecting the privacy rights and concerns of all users of our tkismo website and mobile applications (“Platform”). We refer to our Platform and the services we provide on our Platform collectively as the “Services.” Users are defined as individuals who register an account with us to use the Services, including both buyers and sellers (individually and collectively referred to as “Users,” “you,” or “your”). We recognize the importance of the personal data you have entrusted to us and believe it is our responsibility to properly manage, protect, and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to help you understand how we collect, use, disclose, and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, and to help you make informed decisions before providing us with any of your personal data.
1.2 “Personal Data” refers to data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or may have access. Common examples of personal data include names, identification numbers, and contact information.
1.3 By using the Services, registering for an account with us, accessing our Platform, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to our collection, use, disclosure, and/or processing of your personal data as described herein. If you do not agree to the handling of your personal data as described in this Privacy Policy, please do not use our Services or access our Platform. If we change our Privacy Policy, we will notify you, including by posting those changes or the amended Privacy Policy on our Platform. We reserve the right to modify this Privacy Policy at any time. To the maximum extent permitted by applicable law, your continued use of the Services or Platform, including placing any orders, constitutes your acknowledgment and acceptance of such changes.
1.4 This Policy applies in conjunction with any other notices, contractual clauses, consent clauses, and other applicable terms that apply to the collection, storage, use, disclosure, and/or processing of your personal data by us, and is not intended to override them unless we specifically state otherwise.
1.5 This Policy applies to both buyers and sellers who use the Services unless otherwise stated. We may disclose and/or process your personal data unless we specifically state otherwise, but we do not intend to override any other notices or terms with this Policy.
2. When Does tkismo Collect Personal Data?
2.1 We will/may collect personal data about you in the following circumstances:
- When you register and/or use our Services or Platform, or when you open an account with us;
- When you submit any forms, including but not limited to application forms or other forms relating to any of our products and services, whether online or by way of a physical form;
- When you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;
- When you interact with us, such as via telephone calls (which may be recorded), letters, faxes, face-to-face meetings, social media platforms, and emails, including when you interact with our customer service agents;
- When you use our electronic services, or interact with us via our application or use services on our Platform. This includes, without limitation, through cookies that we may deploy when you interact with our application or website;
- When you authorize the sharing of information on your device with our application or Platform;
- When you link your tkismo account with your social media or other external accounts or use other social media features, in accordance with the provider's policy;
- When you transact through our Services;
- When you provide us with feedback or complaints;
- When you register for a competition; or
- When you submit your personal data to us for any reason.
The above does not purport to be exhaustive, and sets out some common instances where personal data about you may be collected.
3. What Personal Data Will tkismo Collect?
3.1 The personal data that tkismo may collect includes but is not limited to:
- Name;
- Email address;
- Date of birth;
- Billing and/or delivery address;
- Bank account and payment information;
- Phone number;
- Gender;
- Information sent to or associated with the device you use to access our Services or Platform;
- Information about your network and the people and accounts you interact with;
- Photographs, audio, or video recordings;
- Government-issued identification or other information required for our due diligence, know your customer, identity verification, or fraud prevention purposes;
- Marketing and communications data, such as your preferences in receiving marketing from us and third parties, your communication preferences, and your communication history with us, our service providers, and other third parties;
- Usage and transaction data, including details about your searches, orders, your interaction with advertisements and content on the Platform, and other products and services related to you;
- Location data;
- Any other information about the user when the user registers to use our Services or Platform and when the user uses the Services or Platform, as well as information related to how the user uses our Services or Platform; and
- Aggregated data about content that users engage with.
3.2 You agree not to submit any inaccurate or misleading information to us, and you agree to inform us of any inaccuracies or changes to such information. We reserve the right to request further documentation to verify the information you provide.
3.3 If you register as a user of our Platform using your social media account (“Social Media Account”), link your tkismo account to your Social Media Account, or use any tkismo social media features, we may access information about you that you have voluntarily provided to your Social Media Account provider, and we will always manage and use any such personal data in accordance with this Policy.
3.4 Should you wish to withdraw your consent to us collecting, using, or processing your personal data, you can do so by writing to our Data Protection Officer. For more information on opting out, please refer to the section below entitled "How can you withdraw consent, request access or correct information you have provided to us?" However, please note that opting out or withdrawing your consent for us to collect, use, or process your personal data may affect your use of the Services and Platform. For example, opting out of location information collection will cause its location-based features to be disabled.
4. Collection of Other Data
4.1 As with most websites and mobile applications, your device sends information that may include data recorded by web servers when you browse our Platform. This typically includes but is not limited to your device's Internet Protocol (IP) address, computer/mobile device operating system and browser type, mobile device type, mobile device characteristics, unique device identifier (UDID), or mobile device identifier (MEID) for your mobile device, the address of a referring website (if any), the pages you visit on our website and mobile application, and the times you access our website and mobile application. Sometimes this information is accompanied by a “cookie” (which can be disabled using your browser preferences) to help the website remember your last visit. If you are logged in, this information is associated with your personal account.
4.2 Our mobile application may collect precise information about the location of your mobile device using GPS, Wi-Fi, etc. We collect, use, disclose, and/or process this information for one or more purposes, including but not limited to location-based services you request or to deliver relevant content to you based on your location, or to allow you to share your location with other users as part of the services under our mobile application. For most mobile devices, you can withdraw your permission for us to acquire your location information through your device settings. If you have any questions about how to disable your device’s location services, please contact your mobile device service provider or device manufacturer.
4.3 When you view pages on our website or mobile application, as you view content and advertisements on our Platform or through the Services, and as you access other software, much of the same information is sent to us (including but not limited to IP addresses, operating systems, etc.); however, your device does not send us information about the content, advertisements viewed, and/or software installed by you or time on Services and Platform instead of page views.
5. Cookies
5.1 We or our authorized service providers and advertising partners may use “cookies” or other features from time to time to allow us or third parties to collect or share information related to your use of our Services or Platform. These features help us improve our Platform and the Services we offer, help us offer new services and features, and/or enable us and our advertising partners to provide you with more relevant content, including through remarketing. “Cookies” are identifiers stored on your computer or mobile device that record data about your computer or mobile device, the way you use or access the Services or Platform, how many people, and other activities within our Platform. We may link cookie information to personal data. Cookies also link to information about items you have chosen to purchase and pages you have viewed. This information is used to track your shopping cart, provide content specific to your interests, enable our third-party advertising partners to serve advertisements on sites across the Internet, conduct data analysis, and monitor usage of the Services.
5.2 You may refuse the use of cookies by selecting the appropriate settings on your browser or device. However, please note that if you do this, you may not be
able to use the full functionality of our Platform or Services.
6. How Do We Use the Information You Provide Us?
6.1 We may collect, use, disclose, and/or process your personal data for one or more of the following purposes:
- Considering and/or processing your application/transaction with us or your transactions or communications with third parties through the Services;
- Administering, operating, providing, and/or managing your use of and/or access to our Services and our Platform (including, but not limited to, remembering your preferences), and your relationship and user account with us;
- Responding to, processing, dealing with, or completing a transaction and/or fulfilling your requests for certain products and services, and notifying you of service issues and abnormal account activities;
- Enforcing our Terms of Service or any applicable end-user license agreements;
- Protecting personal safety and the rights, property, or safety of others;
- Identifying, verifying, conducting due diligence, or knowing your customer purposes;
- Evaluating and making decisions regarding your credit and risk profile and the eligibility of credit products;
- Maintaining and managing any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;
- Processing or facilitating customer service, carrying out your instructions, processing or responding to any queries made by you or on your behalf (or purported to be made by you);
- To manage and/or administer your relationship with us or your use of our Services, by contacting or communicating with you via voice calls, text messages, and/or fax messages, emails, and/or postal mail or by other means, including but not limited to communicating with you in administrative information relating to our Services. You acknowledge and agree that we may communicate with you by mailing letters, documents, or notices to you, which may involve disclosing certain personal data about you to achieve the same delivery and envelope/mail package on the outer cover;
- Allowing other users to interact with you, contact you, or view some of your activities on the Platform, including notifying you when other users send you private messages, comment on your profile, or connect with you using social features on the Platform;
- Conducting research, analysis, and development activities (including but not limited to data analysis, surveys, product and service development, and/or analysis), analyzing how you use our Services, recommending products and/or services relevant to your interests, to improve our Services or products and/or enhance your customer experience;
- Allowing audits and investigations to verify the size and composition of the target audience and understand their experience with tkismo Services;
- For marketing and advertising purposes, and in this regard, to send you marketing and promotional information and materials relating to products and/or services (including but not limited to products and/or services of third parties that tkismo may collaborate with or tie-up with tkismo and/or its affiliates or related companies to sell, market, or promote, whether such products or services now exist or are created in the future). You may opt out of receiving marketing information at any time using the unsubscribe feature contained in electronic marketing materials. We may use your contact information to send newsletters or marketing materials from us and our affiliated companies;
- Responding to legal processes or complying with any applicable laws, government, or regulatory requirements in any relevant jurisdiction or where we have a good faith belief that such disclosure is necessary, including but not limited to meeting disclosure requirements under any law binding on tkismo or its related companies or affiliates (including, where applicable, displaying your name, contact details, and company information);
- Generating statistical data and research for internal and statutory reporting and/or record-keeping requirements;
- Conducting due diligence or other screening activities (including but not limited to background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or implemented by us;
- Auditing our Services or tkismo’s business;
- Preventing or investigating any actual or suspected violations of our Terms of Service, fraud, illegal activity, omission, or misconduct, whether relating to your use of our Services or arising from your relationship with us;
- Responding to any threats or actual claims against tkismo or any other claims that any content infringes the rights of third parties;
- Storing, hosting, backing up (whether for disaster recovery or otherwise) your personal data, whether within your jurisdiction or outside your jurisdiction;
- Processing and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves tkismo as a participant or involves only a tkismo affiliate or related corporation as a participant or involves tkismo and/or any one or more tkismo affiliate or related corporations as a participant, and there may be other third-party organizations involved in the transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, consolidation, or any other acquisition, disposal, or financing of an organization or a part of an organization or any business or asset of an organization; and/or
- Any other purposes for which we have obtained your consent.
(collectively referred to as the “Purposes”).
6.2 You acknowledge, agree, and consent that tkismo may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal processes; (b) comply with any government or regulatory request having jurisdiction over tkismo; (c) enforce the tkismo Terms of Service or this Privacy Policy; (d) respond to any threats or actual claims against tkismo or any claims that any content violates the rights of third parties; (e) respond to your customer service requests; or (f) protect the rights, property, or personal safety of tkismo, its users, and/or the public.
6.3 As the Purposes for which we will/may collect, use, disclose, or process your personal data depend on the circumstances at hand, such purposes may not appear above. However, we will notify you of such other purposes when we obtain your consent, unless processing of applicable data without your consent is permitted by Privacy Laws.
7. How Does tkismo Protect and Retain Customer Information?
7.1 We implement a variety of security measures and strive to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, it is impossible to guarantee absolute security.
7.2 We will retain personal data in accordance with Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data when we reasonably determine that (i) the retention of such personal data is no longer necessary for the purposes for which the personal data was collected; (ii) the retention is no longer necessary for any legal or business purposes; and (iii) there is no other legitimate interest requiring further retention of such personal data. If you cease using the Platform, or your permission to use the Platform and/or Services is terminated or revoked, we may continue storing, using, and/or disclosing your personal data following this Privacy Policy and our obligations under Privacy Laws. We may securely dispose of your personal data without prior notice to you, according to applicable law.
8. Will tkismo Disclose the Information It Collects From Visitors to Outside Parties?
8.1 In conducting our business, we will/may need to use, process, disclose, and/or transfer your personal data to our third-party service providers, agents, and/or our affiliates or related corporations and/or other third parties, which may be located in the United States or outside the United States, for one or more of the above-stated Purposes. Such third-party service providers, agents, and/or affiliates or related corporations and/or other third parties will process your personal data on our behalf or otherwise for one or more of the above-stated Purposes. We strive to ensure that these third parties and our affiliates protect your personal data from unauthorized access, collection, use, disclosure, processing, or similar risks and only retain your personal data for as long as they need your personal data for the above-stated Purposes.
- Our subsidiaries, affiliates, and related corporations;
- Buyers or sellers with whom you have transacted or interacted on the Platform, or for the above-stated Purposes in connection with your use of the Services;
- Other users of our Platform for the above-stated Purposes;
- Contractors, agents, service providers, and other third parties we use to support our business. These include but are not limited to parties that provide administrative or other services to us, such as postal service providers, logistics service providers, financial service providers, advertising and marketing partners, telecommunications companies, information technology companies, and data centers;
- Government or regulatory authorities to whom tkismo is subject, or as permitted by Clause 6.2;
- A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of tkismo’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings, in which personal data held by tkismo about our Services users is among the assets transferred; or
- Third parties to whom we disclose your personal data for one or more of the above-stated Purposes, and these third parties will in turn collect and process your personal data for one or more of the above-stated Purposes.
