Last Updated: July 20, 2020
Kinesso, LLC (formerly known as Cadreon, LLC) and Matterkind, a Kinesso company, (collectively, “Kinesso”) respect your concerns about privacy. Kinesso participates in the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (collectively, the “Privacy Shield”) issued by the U.S. Department of Commerce. Kinesso commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU, UK and Switzerland in reliance on the Privacy Shield. This Policy describes how Kinesso implements the Privacy Shield Principles for Consumer Personal Data.
On July 16, 2020, the European Court of Justice invalidated Privacy Shield as a Transfer Mechanism between EU and US companies. Kinesso intends to utilize alternate transfer mechanisms going forward for transfers from the EU. Even though Privacy Shield was invalidated in the EU, Kinesso will continue to honor its commitments with respect to EU personal data transferred pursuant to Privacy Shield before July 16, 2020. Kinesso continues to honor the obligations for UK and Switzerland personal data as a valid mechanism until new guidance becomes available, as recommended by the ICO and FDPIC – UK and Switzerland data protection authorities, respectively.
For purposes of this Policy:
“Client” means any entity for which Kinesso provides services, such as digital and addressable marketing and advertising services.
“Consumer” means any natural person who is located in the EU, UK or Switzerland, but excludes any individual acting in his or her capacity as an Employee.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Employee” means any current, former or prospective employee, contractor, intern or temporary worker of Kinesso or any of its EU, UK or Swiss affiliates, or any related individual whose Personal Data Kinesso processes in connection with an employment relationship, who is located in the EU, UK or Switzerland.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Kinesso in the U.S. from the EU, UK or Switzerland, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposition of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).
“UK” means the United Kingdom.
Kinesso’s Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/. For more information about Kinesso’s processing of Consumer Personal Data, please visit Kinesso’s Commercial Services and Website Privacy Notice.
TYPES OF PERSONAL DATA KINESSO COLLECTS
Kinesso serves as both a Controller and a Processor with respect to the Consumer Personal Data it obtains and maintains.
As a Controller, Kinesso obtains Personal Data about Consumers in various ways. For example, Kinesso collects Personal Data from Consumers when they visit Kinesso’s website. The company may use this information for the purposes indicated in Kinesso’s Website Privacy Notice. The types of Personal Data Kinesso collects in this manner include:
- Contact information, such as name, email and postal address, and telephone number;
- Personal Data in content Consumers submit, such as when Consumers email us by clicking on Kinesso email address hyperlinks on our website; and
- Other data collected automatically through our website (such as IP addresses, device ID, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our website, and dates and times of website visits).
In addition, Kinesso obtains from Client representatives Personal Data such as contact information. Kinesso uses this information to manage its relationships with its Clients and carry out Kinesso’s obligations under its contracts with its Clients.
Kinesso also obtains Personal Data of its vendors’ and service providers’ representatives. The information obtained may include contact information, including for payment. Kinesso uses this information to manage its relationships with its vendors and service providers, process payments, and carry out Kinesso’s obligations under its contracts with these parties.
Kinesso also may obtain and use Consumer Personal Data in other ways for which Kinesso provides specific notice at the time of collection.
As a Processor, Kinesso receives Personal Data about its Clients’ Consumers to provide services to its Clients, such as digital and addressable marketing and advertising services. The types of Personal Data Kinesso may collect as a Processor include:
- age and gender;
- marital status;
- educational history;
- social media posts and preferences;
- operating system, IP address, and device ID and type;
- Internet browsing history and clickstream activity; and
- geolocation information;
- email address.
Kinesso’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
Kinesso provides information in this Policy and Kinesso’s Website Privacy Notice about its Consumer Personal Data practices, including the types of Personal Data Kinesso collects, the types of third parties to which Kinesso discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact Kinesso about its practices concerning Personal Data.
When Kinesso acts as a Processor and Consumer Personal Data is transferred to Kinesso in the U.S. on behalf of a Client, the Client is responsible for providing appropriate notice to its Consumers and obtaining the requisite consent.
Relevant information also may be found in notices pertaining to specific data processing activities.
When Kinesso collects Consumer Personal Data in its role as a Controller, the company generally offers the relevant Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. These Consumers may contact Kinesso as indicated below regarding the company’s use or disclosure of their Personal Data. Unless Kinesso offers these Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
When Kinesso obtains Consumer Personal Data in its role as a Processor for its Clients, Kinesso’s Clients are responsible for providing the relevant Consumers with certain choices with respect to the Clients’ use or disclosure of the Consumers’ Personal Data.
Kinesso shares certain Consumer Personal Data with its affiliates and subsidiaries. Kinesso may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Kinesso also reserves the right to transfer Consumer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
ACCOUNTABILITY FOR ONWARD TRANSFER OF PERSONAL DATA
To the extent Kinesso acts as a Controller, except as permitted or required by applicable law, Kinesso provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Kinesso requires third-party Controllers to whom it discloses such Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Kinesso and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, Kinesso (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Kinesso’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Kinesso if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Kinesso remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Kinesso proves that it is not responsible for the event giving rise to the damage.
Kinesso takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
DATA INTEGRITY AND PURPOSE LIMITATION
Kinesso limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Kinesso does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes and consistent with its role as a Controller or Processor, Kinesso takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Kinesso relies on its Consumers and Clients (with respect to Personal Data of Consumers with whom Kinesso does not have a direct relationship) to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers (and Clients, as appropriate) may contact Kinesso as indicated below to request that Kinesso update or correct relevant Personal Data.
Subject to applicable law, Kinesso retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, to the extent Kinesso acts as a Controller, where appropriate, Kinesso provides Consumers with reasonable access to the Personal Data Kinesso maintains about them. Kinesso also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. Kinesso may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Kinesso as indicated below.
When Kinesso obtains Consumer Personal Data in its role as a Processor for its Clients, Kinesso’s Clients are responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. In such circumstances, Consumers should direct their questions to the appropriate Kinesso Client. When a Consumer is unable to contact the appropriate Client, or does not obtain a response from the Client, Kinesso will provide reasonable assistance in forwarding the Consumer’s request to the Client.
RECOURSE, ENFORCEMENT AND LIABILITY
Kinesso has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. Kinesso conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Kinesso makes about its Privacy Shield privacy practices are true and that Kinesso’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning Kinesso’s processing of their Personal Data. Kinesso will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact Kinesso as specified below about complaints regarding Kinesso’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through Kinesso’s internal processes, Kinesso will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Kinesso. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Kinesso’s compliance with the Privacy Shield Principles.
When Kinesso obtains Consumer Personal Data in its role as a Processor for its Clients, Consumers may submit complaints concerning the processing of their Personal Data to the relevant Client, in accordance with the Client’s dispute resolution process. Kinesso will participate in this process at the request of the Client or the Consumer.
HOW TO CONTACT KINESSO
To contact Kinesso with questions or concerns about this Policy or Kinesso’s Consumer Personal Data practices, please use the following contact details:
ATTN: Digital Responsibility
100 W 33rd Street, 3rd Floor
New York, NY 10001
Or for any query or issue, our Data Protection Officer for the UK and the EU can be contacted via post or email using the following details:
UK DPO or EU DPO
Interpublic Group Limited
66 Prescot Street
London E1 8 HG
For the UK: UK.DPO@interpublic.com
For the EU: GDPR.DPO@interpublic.com