Privacy Policy
Kenzai Inc. Privacy Policy
The goal of this policy is to inform you about:
1. Personal information we use
1.1 Information we collect directly from you
1.2 Information we generate about you
1.3 Information we collect from other sources
1.4 Sensitive information we collect and use
2. How we use your personal information and the basis on which we use it
3. Your rights over your personal information
4. Automated decisions about you
5. Information sharing
6. Information security and storage
7. International data transfers
8. California privacy rights
9. Information relating to children
10. Privacy policies of third parties
11. How to contact us
12. Changes to the policy
This privacy policy describes how Kenzai Inc. ("Kenzai," "we," or "us") collects and processes personal information about you, how we use and protect this information, and your rights in relation to this information.
This privacy policy applies to all personal information we collect or process about you in connection with your use of our websites (www.kenzai.com and www.kenzai.me) and our mobile applications (Kenzai – Exercise, Nutrition, Motivation; “apps”); when you sign up for our newsletters or register for an account with us; and when you purchase products or services from us, including through our websites or apps (collectively, the “Services”). Personal information is information, or a combination of pieces of information that could reasonably allow you to be identified.
1. Personal information we use
We collect personal information about you from a variety of sources, including information we collect from you directly (e.g. when you provide your contact information to sign up for a newsletter), information generated about you (e.g. data collected from cookies or similar technologies), or information collected about you from other sources [e.g. fitness level, nutritional restrictions and preferences, and health information].
We may be required by law to collect certain personal information about you, or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfilment of these obligations. We will inform you at the time your information is collected whether certain information is compulsory and the consequences of the failure to provide such information.
1.1 Information we collect directly from you
The categories of information that we collect directly from you are:
(a) Personal details (e.g. name, age, gender, height, weight, dietary needs)
(b) Contact details (e.g. phone number, email address, mailing address, billing address)
(c) Authentication and identification information (e.g. username, password, and phone number)
(d) Photos (e.g. profile and body photos you share with us)
(e) Training journal updates you submit through our apps
(f) Communications (e.g. information relating to any of your requests, queries, complaints, or other communications with us)
(g) Transactional and financial information (e.g. payment card information; information about the products or services you purchase; your newsletter subscriptions; information relating to any of your requests, queries or complaints)
1.2 Information collected automatically or that we generate about you
The following are examples of information we generate about you:
(a) Technical information collected automatically from your computer or mobile device using cookies and other device identifying technologies (e.g. your IP address, browser type, operating system)
(b) Location information (e.g. your device’s IP address may reveal general location information)
(c) Information about your usage of the Services (e.g. the search terms you enter, how often you use the Services and for how long, the pages you visit when using our websites, and the pages you access before and after accessing our websites)
(d) Information we generate as a result of your use of the Services (e.g. our understanding of your interests as a result of how you interact with the Services and whether you are a regular or occasional user)
Please note that we do not currently respond to web browser “do not track” signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services as there is no standard for how online services should respond to such signals. As standards develop, we may develop policies for responding to do-not-track signals that we will describe in this privacy policy.
1.3 Information we collect from other sources
The following are examples of the categories of information we collect from other sources.
(a) Billing and shipping addresses for fulfillment of purchases of apparel, exercise equipment or other items from the Kenzai Shop
1.4 Sensitive information we collect and use
Some of the categories of information that we collect are considered special categories of data under European Union law (also known as sensitive personal information). In particular, we process Information you voluntarily share with us about your injuries
2. How we use your personal information and the basis on which we use it
We use your personal information for the following purposes:
(a) Identification and authentication: We use your identification information to verify your identity when you use the Services or log into your account and to ensure the security of your personal information. This is so we can comply with our contractual obligations to you and to support our legitimate interests in securing the Services for our users.
(b) Providing the Services: We process your personal information to provide the Services you request, including processing payment details to fulfil the orders you place and processing your mailing address to deliver the goods you purchase. We do so to comply with our contractual obligations to you.
(c) Customizing the Services: We process your personal information to customize the Services for you and provide added functionality, including when we process your photo for use as a profile picture and when we process information relating to your dietary needs to tailor our fitness program to your needs. It is in our legitimate interests to use the information you provide for these purposes, so we can provide customized Services and accommodate the needs and interests of our customers.
(d) Improving the Services: We analyze information about how you use the Services to provide an improved experience for our customers. It is in our legitimate interest to use the information provided to us for this purpose, so we can understand and improve any issues with our Services.
(e) Communicating with you: We use your personal information when we communicate with you, for example if we are providing information about changes to the Terms and Conditions or if you contact us with questions. It is in our legitimate interests that we are able to provide you with appropriate responses and provide you with notices about Kenzai and our Services. In some cases, we may communicate with you to comply with our legal obligations, such as where we provide you updates about our privacy policy.
(f) Personalization and Marketing: We use your personal information to learn about your interests and preferences so that we can personalize the marketing messages we send to you and the content we provide to you. It is in our legitimate interest to provide more relevant content and message. Where required by law, we will obtain your consent before sending you marketing communications.
(g) Exercising our rights: We may use your personal information to exercise our legal rights where it is necessary to do so, for example, to detect, prevent, and respond to fraud claims, intellectual property infringement claims, or violations of law or our Terms and Conditions.
(h) Complying with our obligations: We may process your personal information to comply with certain obligations, for example, to carry out fraud prevention checks or comply with other legal or regulatory requirements, where required by law.
We may obtain your consent to collect and use certain types of personal information when we are required to do so by law (for example, in relation to our direct marketing activities in certain countries). If we ask for your consent to process your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this privacy policy.
We also may anonymize your personal information in such a way that you can no longer reasonably be identified, after which we may use this anonymized information for any other purpose.
3. Your rights over your personal information
Where applicable under local law, you may have the following rights regarding your personal information: the right to access personal information we hold, and in some situations, the right to have that personal information corrected or updated, erased, restricted, or delivered to you or a third party in a usable electronic format (i.e., the right to data portability). Where applicable, you may also object to how we use your personal information if the legal basis for processing that information is our legitimate interest.
Where we are using your personal information on the basis of your consent, and where applicable under local law, you may have the right to withdraw that consent at any time. Where you have granted consent to receive direct marketing communications from us, and where applicable under local law, you may withdraw that consent at any time. You also have the right to register a complaint to the appropriate data protection authority, where applicable.
If you wish to exercise these rights, or to notify us of a change in your details, or if you have any questions about the content of this policy, please contact us at admin@kenzai.com.
Please note that we may require additional information from you in order to honor your requests.
4. Information sharing
We may share your personal information with third parties under the following circumstances:
Service providers and business partners. We may share your personal information with our service providers and business partners that perform marketing services and other business operations for us for the purposes set forth above. [For example, we may partner with other companies to process secure payments, fulfill orders, host our databases, optimize our Services, run marketing campaigns, support email and messaging services and analyze information.]
Law enforcement agency, court, regulator, government authority or other third party. We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
To protect the rights, property, or safety of us, you, or others.
For transactions such as a merger or sale. In the context of a transaction. We may share your personal information with any third party that purchases, or to which we transfer, all or substantially all of our assets and business, and this sharing may occur as part of the evaluation process prior to purchase being completed subject to confidentiality terms. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this privacy policy.
Because we operate internationally, the recipients referred to above may be located outside the jurisdiction in which you are located (or in which we provide the Services). See the section on "International Data Transfer" below for more information.
5. Information security and storage
We implement physical, technical, and organizational measures designed to ensure a level of security appropriate to the risk to the personal information we process. These measures are aimed at ensuring the on-going integrity and confidentiality of personal information.
We retain your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:
Comply with record retentions requirements under applicable law
Defend or bring any existing or potential legal claims
Resolve or otherwise address any complaints or queries relating to our programs
6. International data transfer
Your personal information may be transferred to, stored, and processed in the United States or another country that is not regarded as ensuring an adequate level of protection for personal information under the laws of your home country (for example, if you live in the European Union). If your information is transferred outside of your home country, we will take steps to put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your personal information is adequately protected. You may contact us about your information that may be transferred outside of your home country and the handling of your information by our service providers outside of your home country by contacting us at tech.
7. California privacy rights
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the consumer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.
To obtain this information, please send an email request to admin@kenzai.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and we may only include information on covered sharing in our response.
8. Information relating to children
The Services are not directed to children under the age of 13. If you are a U.S. resident and under the age of 13 or a Canadian resident and you are a minor (persons under the age of majority in their province or territory of residence) (“Minor”), please do not attempt to register for an account, or provide any personal information about yourself to us. If we learn that we have collected personal information from a Minor, we will promptly delete that information. If you believe we have collected personal information from a Minor, please contact us at admin@kenzai.com.
9. Privacy policies of third parties
This Privacy Policy only addresses the use and disclosure of information by Kenzai. Other websites that may be accessible through the Services have their own privacy policies and data collection, use and disclosure practices. We encourage you to familiarize yourself with the privacy policies provided by all third parties prior to providing them with information.
10. How to contact us
Kenzai Inc. is, where applicable, the controller responsible for the personal information we collect and process. If you have questions or concerns regarding this privacy policy, or to exercise any rights you may have under applicable law with regard to your personal information, please contact:
Director of Operations
Email: admin@kenzai.com
Phone: +1 (415) 935-3285
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority.
11. Changes to the policy
You may request a copy of this privacy policy from us using the contact details set out above. We may modify or update this privacy policy from time to time.
If we change this privacy policy, we will notify you of the changes. Where changes to this privacy policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g. to object to the processing).
[December 4th, 2023]