Privacy Policy

Updated & Effective Date: April 15, 2023

Introduction

Kimberlite Technology, Inc. and its subsidiaries (collectively, “Kimby”, “we”, “our”, and “us”) value your privacy. This Privacy Policy (“Policy”) sets out how we collect, use, and share your information in our possession to operate, improve, develop and protect our Site/Content/Services, and as otherwise outlined in this Policy. Please read this Policy carefully to understand our policies and practices. If you disagree with our policies and practices, please do not use our Site/Content/Services. By accessing our Site/Content/Services, you agree to this Policy and the terms defined herein.

Please note that this policy does not apply to information you provide to third parties. Therefore, you should read third-party policies and terms separately before providing information on or through them.

This Policy includes:

  • Information We Collect
  • How We Use Your Information
  • How We Share Your Information
  • How We Protect Your Information
  • How We Retain Your Information
  • International Data Transfers
  • Your Data Rights
  • Additional Information
  • Contact us

Information We Collect

We collect identifiers, location information, commercial information, electronic network activity information, professional information, inferences, and other types of personal and non-personal information, directly or indirectly, through third parties to provide you Site/Content/Services.

ContextDataPurpose
Sign-up
  • Name
  • Phone number
  • Email address
  • Password
  • Your representation of being an Accredited Investor
  • Your representation of accepting Terms of use and Privacy Policy
We may collect and use this information to provide account related functionalities to users, such as creating your account.
Identity Verification (or “Know Your Customer” or “KYC”)
  • Full legal name
  • Date of birth
  • Citizenship
  • Tax ID
  • Address & proof of address
  • Identity proof (e.g. passport, driving licenses)
  • Occupation
  • Suitability questions
  • Your representation of being Bad Actor clean
  • In the case of an entity, we might also collect business name, beneficial owner, articles of incorporation and nature of business
  • Crypto wallet address, when applicable
We may collect this information to verify your identity, provide improved and tailored services, protect our business from illegal activity, and comply with applicable laws and policies.
Entity Verification (or “Know Your Business or “KYB”)
  • Entity name
  • Incorporation document
  • Type of corporate structure
  • Information on the beneficial owner(s) and/or core management
We may collect this information to verify your entity, provide improved and tailored services, protect our business from illegal activity, and comply with applicable laws and policies.
Accredited Investor Verification
  • Accredited Investor status
  • Reason of why you qualify, for example, if you match criteria(s) under SEC Rule 501
  • Supporting data, information, and documents to prove your status
We may collect this information to provide our Services, as well as comply with applicable laws and policies.
Employment & Independent Contractors
  • Full legal name
  • Phone number
  • Email address
  • Date of birth
  • Tax ID
  • Address & proof of address
  • Proof of identity (e.g. passport, driving licence)
  • CV
  • W8 or W9
We may collect this information to process your application, conduct any background checks, verify your identity, establish and manage risks, establish and manage a relationship, as well as comply with any applicable laws and policies.
Commercial Information
  • Financial Information
  • Payment processing information
We may collect this information to provide our Services, respond to any issues, as well as comply with applicable laws and policies.
Automated Collection
  • IP address(es)
  • Operating system(s)
  • Browser type(s)
  • Internet service provider(s)
  • Session details
  • Cookies
  • Other tracking mechanisms
We may collect and use this information to operate our Site, monitor fraud, tailor marketing communications and perform analytics.
Email Interconnectivity
  • When you open our message
  • Click on links or banners
  • Other interactions
We may collect information from your interaction with emails we sent, to understand how you interact with us, and improve services and marketing.
Feedback or Support
  • Name
  • Email address
  • Content
We may collect the information you provide us in your feedback or when contacting support, as well as any feedback in public spaces. We use this information to interact with any issues and improve our business.
Website Interactions
  • Interactions with website
  • Browser type
  • Device type
We may collect this information when you interact with our Site/Content/Services and use this information to understand how you interact with us, to tailor and improve our Site/Content/Services, as well as prevent or detect fraud.
Third Party Information
  • Partners
  • Business combinations
  • Affiliates
  • Subsidiaries
  • Service providers
  • Publicly available sources
We may collect information provided to us by third parties and use it to manage our business, facilitate operations, improve services, and comply with applicable laws and policies. Please note we do not control third parties' collection or use of your information.

How We Use Your Information

We may collect information about you provided directly or indirectly by you. Generally, we may use the information to verify your identity, determine eligibility, manage our business and facilitate operations, improve and tailor services, establish risks, satisfy record keeping, improve and tailor marketing and communications, perform analytics, fraud prevention, internal functions, complying with applicable laws, and contacting you.

If you think we have not mentioned a use case then please contact us at info@kimby.io.

How We Share Your Information

We may share information we collect or you provide to:

ContextDescription
Subsidiaries, affiliates, or partnersWe may work with individuals and companies that perform functions with us or on our behalf, for example, broker-dealers, underwriters, deal sources, administrative services, marketing providers, identity verification services, and data analytics companies.
Successors, Business combinations or Business transfersYour information might be shared or transferred due to a corporate transaction such as a merger, sale, consolidation, reorganization, liquidation, bankruptcy, or similar proceeding.
Service providers or Third partiesWe may work with service providers such as freelancers, contractors, broker-dealers, underwriters, accountants, lawyers and law firms, payment processors and financial institutions, consultants, advisors, affiliates, partners, marketing agencies, advertising networks, internet service providers, social networks, background check vendors, government entities and others. We may need to disclose your information to service providers and third parties to manage our business, facilitate operations, provide services, and comply with necessary laws.

Moreover, our Site/Content/Services may include links to third-party sites. The third-party sites are not under our control. Therefore, if you decide to access third-parties sites, we are not responsible for their legality, reliability, accuracy, safety, terms, and privacy policies. You do so at your own risk.

How third parties use and share your information is governed by their policies. We shall have no liability or responsibility for any such parties' privacy policies or other actions.

It is your responsibility for the information you choose to provide and share.
Legal requirementsWe may need to share your information with US, state, international regulators, and other government bodies to comply with laws, court orders, or legal processes. We may also share information to exercise our rights.
Your ConsentWe may share your information in specific cases when we obtain your consent unless consent is not required by applicable law.
Necessary or appropriate reasonsWe may share your information if we believe disclosure is necessary or appropriate to protect the rights, property, or the safety of us, our users, investors, or others. This may include exchanging information with other companies and organizations, for example for fraud protection.

How We Protect Your Information

No method of transmission over the internet or method of electronic storage can be entirely secure. Therefore, while we try to protect your information, we do not guarantee the security of your information. Any transmission of information is at your own risk. If you register for an account, you are responsible for protecting your account and password from third-party access and selecting secure passwords. You should notify us of any unauthorized use of your account and/or password at info@kimby.io.

How We Retain Your Information

We may retain your information for the amount of time that we believe necessary for the reasons and purposes described in this Policy, as well as following any duration required by law, regulation, obligations, legal proceedings, as well as for a time necessary to protect our legal liability and enforce our rights.

International Data Transfers

We operate internationally, and as a result, your information may be stored and processed in any country where we operate or in which we engage service providers. By using the Services, you consent to transfer information to countries outside of your country of residence, including the United States, which might have data protection rules different from those of your country. In specific events, courts, law enforcement agencies, or regulatory bodies of those countries may obtain access to your personal information. However, please note, by accessing this Site/Content/Service, you agree and acknowledge that the United States law will have priority over any EEA law. By using this Site/Content/Service, you waive your right to claim preference in the event of a conflict of law.

Your Data Protection Rights

We try to provide you with choices regarding the information you provide to us. If your information was collected under this Policy, depending on your jurisdiction, you might be able to make certain choices about your information, such as:

  • Access to your information.
    • Accessing information collected about you.

  • Changing or updating information.
    • Requesting to change or update your information that is inaccurate or incomplete. We rely on you to update and correct your information. Also, we may need to keep your information in a backup.

  • Deleting information.
    • You may request, under certain circumstances, to delete your information.
    • However, please note, a lot of information is often required to be kept to comply with our legal obligations and policies.
    • Moreover, if we allow you to delete your information, you will no longer be able to provide you access to certain features of Site/Content/Services.
    • Please note we are not responsible for removing your information from the lists of any third parties who have previously been provided with your information.

  • Tracking technologies.
    • You can change your settings to refuse certain tracking technologies. If you disable or refuse certain tracking technologies, such as cookies, it may cause for some parts of the Site/Content/Services to be inaccessible or not function properly.

  • Communications.
    • If you wish to stop receiving communications such as marketing and/or promotional materials, you can opt-out by clicking “Unsubscribe” or contacting us at info@kimby.io. Despite opting out against communications, we may have to send out important service-related communications such as notices.

  • Stolen or lost information.
    • If you become aware that any information you provided is stolen, lost or being used without permission, please contact us immediately at info@kimby.io.

  • Concerns
    • If you have any concerns about the policy in general or have specific questions, please contact us.

Additional Information

European Economic Area or United Kingdom Residents

This section supplements the rest of the Policy. It applies SOLELY to those who reside in the European Economic Area (“EEA”) or the United Kingdom (“UK”). Our processing of your information will depend on the information concerned and the context we collected or processed it. However, we will typically collect and process your data where:

  • We need to provide our Services and obligations;
  • To comply with applicable laws and legal obligations;
  • The processing is necessary for our legitimate interests and not overridden by your data protection interests, for example, to safeguard our services, communicate with you, or provide or update our services; and
  • You have given us your consent.

To the extent that we need your consent to collect and process your information, you can withdraw your consent at any time. However, by withdrawing your consent you will not be able to use restricted areas of the Site/Content/Services.

California Residents

If you are a California resident, you may have certain rights regarding your personal information according to the California Consumer Privacy Act ("CCPA").
‍
We may collect information that identifies, relates to, describes, references is reasonably capable of being associated with, or could well be linked, directly or indirectly, with you ("personal information"). However, please note that there are types of information that do not qualify under personal information, such as publicly available information, medical information, Fair Credit Reporting Act information, and others.

We may collect this information to verify your identity, provide improved and tailored services, process your requests, help maintain safety, to test, analyze and develop our business, to protect our business from illegal activity, and comply with applicable laws and policies. If you think any use case is not listed or missing please contact us at info@kimby.io.

You might be able to request for certain rights regarding your personal information. However, there may be instances when we will reject your request due to applicable laws and contractual obligations. Opting out, also, may cause you not to be able to use the Site/Content/Services.

Below is a table that describes what information we collect and share.

CategoryTypeCollected
Identifiers
  • Name
  • Alias
  • Postal address
  • Email address
  • Unique personal or online identifier
  • IP address(s)
  • Account name
  • Social Security Number (SSN)
  • Other Tax IDs
  • Driver’s license or passport number
  • Other similar identifiers
Yes
Personal information categories as described in the California Customer Records statute (Cal. Civ. Code @ 1798.80(e))
  • Signature or e-signature
  • Physical characteristics or description
  • State identification card number
  • Insurance policy number
  • Education
  • Employment or employment history
  • Bank account number, credit card number, debit card number, or any other financial information

Some information included in this category may overlap with other categories.

Yes
Characteristics of protected classifications under California or federal law
  • Race
  • Religion
  • Gender
  • National origin
  • Sexual orientation

Some information included in this category may overlap with other categories.

Yes
Commercial information
  • Personal property
  • Products or services purchased, obtained, or considered
  • Other purchasing or consuming histories or tendencies
Yes
Biometric information
  • Fingerprint, face print, voice print, or similar
  • Sleep, health, exercise data
No
Internet or other electronic network activity information
  • Browsing history
  • Search history
  • Information about interactions with our website, mobile application, or advertisements
Yes
Geolocation data
  • Physical location or movements
Yes
Sensory data
  • Audio
  • Electronic
  • Visual
  • Thermal
  • Olfactory
  • Or similar information
Yes
Professional or employment related information
  • Current or past job history or performance evaluations.
Yes
Non-public education information
  • As defined in the Family Educational Rights and Privacy Act
Yes
Inferences drawn from these personal information categories to create a profile about a consumer reflecting the consumer
  • Preferences
  • Characteristics
  • Psychological trends
  • Predispositions
  • Behavior
  • Attitudes
  • Intelligence
  • Abilities
  • Aptitudes
Yes

Children Under the Age of 13

Our Site is not directed towards children under the age of thirteen (13). We will not knowingly collect, disclose or maintain personal information from children under the age of thirteen (13). If We become aware that we have collected information from a child under thirteen (13) without parental consent, we will delete that information. If you believe we might have any information from or about a child under thirteen (13), please contact us at info@kimby.io.

Third Party Websites and Services

Our Site/Content/Services may contain links to other websites not controlled by us. We do not investigate, monitor, or check for accuracy. We are not responsible for their websites, content, or services. If you decide to go on their website, you do so at your own risk and should be aware that our terms and policies no longer govern. You should review their applicable terms and policies. We take no responsibility whatsoever concerning any relationships, transactions, or interactions exclusively between you and the applicable third party.

Compliance with Federal and State Laws

There may be certain information about you that we have to collect and maintain to comply with federal and/or state laws, as well as for laws regarding record keeping and reporting.

Changes to This Policy

We may update or change this policy and our practices, at any given time, at our sole discretion. Please visit the policy regularly to check for updates and changes. We will note the effective date of the latest version at the beginning of the Privacy Policy.

Contact us

If you have any questions, feedback or complaints, you can contact us at Kimberlite Technology, Inc.

c/o Privacy

8 The Green, Suite #10940, Dover, Delaware, 19901

United States

Email: info@kimby.io.