Last Modified: July 2020
1. AT TIMES YOUR PERSONAL DATA MAY BE SHARED WITH THIRD PARTY VERIFICATION PROVIDERS.
Our services are not intended for anyone under 16. We have checks to ensure that we do not knowingly offer our services to or collect personal information from anyone under 16 or anyone using a false identity. These checks involve passing the following information to a third party which verifies the information. If you commence the registration process then you do so on the strict understanding that your personal data will be transferred to that third party and processed accordingly. We reserve the right to change the third parties as and when necessary without reference to you.
The data we can share with third parties for verification purposes is (Verification Data):
- your full name;
- your date of birth;
- your (passport or other identification document number);
- your address;
2. WE HAVE VARIOUS SERVICES BASED OUTSIDE THE EUROPEAN UNION.
When your personal data is transferred outside the EU you will lose the protection of GDPR. By registering, you agree to the transfer of your personal data to North America and Asia – these operations offer a customer service operation using an online portal and they will respond to the queries you have. So by definition, you will be aware of the personal data that they are processing because you will have contacted them with specific queries. They will not receive personal data per se but access our systems remotely. Although your personal data will not leave the EU the fact that it can be accessed and processed remotely from outside the EU constitutes a data transfer. We have conducted due diligence on their operations and are satisfied that their processing of your personal data is GDPR compliant.
The provider of the portal is GDPR compliant.
Please feel free to contact us if you require further information.
3. MAKING OR RECEIVING PAYMENTS INVOLVES THE USE OF THIRD PARTIES WHO PROCESS PAYMENTS.
Please refer to Section 4 of our Terms and Conditions. Kanessa Virtual involves making payments to view User Content; receiving payments from Members who are viewing User Content or both. To that end you will deal with third party payment processors but will do so independently of your KV membership.
4. ALL CONTENT IS MONITORED BY THIRD PARTIES TO ENSURE THAT THE NETWORK IS LAWFUL AND LEGAL AND NOT BROUGHT INTO DISREPUTE.
We are happy to share with you details of these service providers. We will always conduct due diligence because we will be sharing your personal data with them.
Kanessa Virtual is a social network which enables Members to share their content; other Members to enjoy content and for some to do both. We refer to those Members who share content as “Instructors” and those Members who pay to view Instructors’ content as “Members”. Most of this policy relates to all Members but where necessary we differentiate between Members and Instructors.
Kanessa Virtual is a trading name of Halfday Tony BV (company number 65890523). When people become Members, they share some information with us. This policy sets out the information we collect, how we use it and who we share it with.
We confirm that the lawful basis for processing your data is that by participating with our social network you have contracted with us and the processing of data set out here is part of that contract. The contract is the Terms of Service to which all Members are a party. To the extent that we have to monitor and control use of our site which includes the content posted, the Instructor who posted it and the Members who accessed the content the basis for that processing is to fulKV a legal obligation.
INFORMATION WE COLLECT
Regardless of whether you are a Instructor or Fan or both there are three categories of information we collect:
- Information you choose to give us.
- Information we get when you use our services.
- Information we get from third parties.
INFORMATION YOU CHOOSE TO GIVE US
In order to open an account and use our services you will disclose to us:
- Your name;
- home address;
- email address;
- your date of birth;
- a valid, unexpired copy of your passport or other verified government ID;
- your banking credentials.
We may also ask you to provide us with some additional information that will be publicly visible on our services, such as KV pictures, a KV name or other useful identifying information.
If you have any reason to contact us separately for example to discuss concerns with customer services then we will collect the information you volunteer.
INFORMATION WE GET WHEN YOU USE OUR SERVICES
When you use our services, we collect information about the content you have viewed or shared.
- Usage information. We collect information about content that Members have accessed. We may highlight to that user similar content;
- Content information. We collect content you create on our services, such as custom stickers, photos, videos, text and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
- Device information. We collect IP addresses or other identification data from and about the devices you use. For example, we collect: information about your hardware and software, such as the hardware model, operating system version, device memory, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level and time zone;
- Location information. When you use our services, we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points and other sensors such as gyroscopes, accelerometers and compasses.
- Log information. We also collect log information when you use our website. That information includes:
- details about how you have used our services;
- device information, such as your web browser type and language;
- access times;
- pages viewed;
- IP address;
- identifiers associated with cookies or other technologies that may uniquely identify your device or browser.
HOW WE USE INFORMATION
We use this information to ensure that the content can be enjoyed by everyone. Our objective is to strive to keep the content appropriate, tasteful and lawful. Here are some of the ways we do that:
- develop, operate, improve, deliver, maintain and protect our products and services.
- send you communications, including by email. We may use email to respond to support enquiries or to share information about our site.
- monitor and analyse trends and usage.
- verify your identity and prevent fraud or other unauthorised or illegal activity.
- use information we’ve collected from cookies and other technology to enhance the services and your experience with them. This includes use for our referral scheme and different user visual settings.
- enforce our Terms of Service and other usage policies.
We may also store or use information locally on your device.
HOW WE SHARE INFORMATION
We may share information about you in the following ways:
With other Members. We may share the following information with other Members:
- information you enter, such as your username, KV name, and KV biography.
- any additional information you have consented for us to share.
- content you post or send will be shared with your Members and/or the Instructors you subscribe to.
With all Members. We may share the following information with all Members:
- public information such as your KV name, username and KV pictures.
With third parties. We may share your information with the following third parties:
- With service providers. We may share information about you with service providers who perform services on our behalf.
- With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:
- comply with any valid legal process, governmental request, or applicable law, rule or regulation, investigation, remedy, or enforce potential Terms of Service violations; protect our, our Members' or others' rights, property and safety; detect and resolve any fraud or security concerns.
- With third parties as part of a merger or acquisition. If we are involved in a merger, asset sale, financing, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
The volume of payments made by Members to access content, payments made to Instructors for their content and where Members reside means that we use third party payment providers. This involves the transfer of personal data being names and bank details.
When Members make payments these are processed through third party processors. You will contract with those third parties which will be the data controller of that data.
When we receive the payment, we remit the balance to the Instructors, minus management fees. The Instructor will ether:
- contract with the third party processor. We use a number of third party processors; or
- be paid by us – if this happens the Instructor enters their banking information – each bank and jurisdiction has its own requirements onto our platform. We then arrange for payment.
THIRD-PARTY CONTENT AND INTEGRATIONS
At present we do not offer these.
ANALYTICS AND ADVERTISING SERVICES
We do not let other companies collect information about how you use our services.
HOW LONG WE KEEP YOUR CONTENT
INSTRUCTOR CONTENT: We want you to be in control of your information. At any time a Instructor can delete any content the Instructor chooses to. To the extent content contains pictures or footage of you this is personal data.
OTHER PERSONAL DATA: If any User closes the account the personal data that relates to your use of Kanessa Virtual and bank details we hold about you will be deleted after six months.
KV has to retain financial information for 7 years This is a legal requirement as Revenue Services can investigate our financial records for that period and we need to retain details of payments made by you and to you.