PRIVACY POLICY

                                                                                                                                                 

                                                                                                                                                Last updated: November 28, 2022

 

This privacy policy applies to "THE USERS" of the "KOLORS" services in the United States of America (USA) and in the United Mexican States (Mexico), including "THE USERS" of the applications, websites, emails and other electronic communications or other services of "KOLORS", (hereinafter referred to as "THE SERVICES").

Any person subject to this privacy policy is called "THE HOLDER", "THE USERS" or "THE CONSUMERS". The practices described in this privacy policy are subject to the applicable laws in the places where we operate and provide our services. By using “THE SERVICES” you accept this privacy policy.

This privacy policy describes how “KOLORS” and its subsidiaries or affiliates (hereinafter referred to as (“KOLORS”, “WE” or “THE CONTROLLER”) collect and use information and personal information to provide our services. This privacy policy applies to all “THE USERS” of our services in the US and Mexico, unless protected by a special privacy policy.

"USERS" residing in the state of California, have specific rights protected by state laws regarding their personal information and personal information, in the case of "KOLORS", the California Consumer Privacy Act (CCPA) does not apply to us for the time being due to the fact that we do not comply with the numbered requirements enlisted in the CCPA, therefore, this privacy policy applies to "USERS" who are residents of the state of California.

“USERS” residing in the state of Nevada, have specific rights under the Nevada Privacy Law specifically regarding the right to opt-out of the sale of their personal information. This law defines as sale, the exchange of personal information such as name, address, email address or social security number in exchange of monetary remuneration. At "KOLORS" we never sell your personal information (see section VI. EXCHANGE OF INFORMATION), so this privacy policy applies to "USERS" residents of the state of Nevada.

For "THE USERS" who reside or use "THE SERVICES" in the US territory, the holder and collector of personal information is KOLORS, INC., with address at 9110 W Tropicana, #180, Las Vegas Nevada, postal code 89147, USA; company duly incorporated under the laws of the state of Delaware, United States of America.

For "THE USERS" who reside or use the services in Mexican territory, the holder and collector of personal information is "NEXBUS DIGITAL", S.A.P.I. DE C.V., with address at Leibnitz 270, Anzures, Miguel Hidalgo, postal code 11590, Mexico City, a company incorporated under the laws of the United Mexican States. The comprehensive privacy notice that governs the territory of Mexico can be consulted at https://kolors.com.mx/privacidad

For the purposes of this privacy policy, the following must be taken into account:

 

I. DEFINITIONS.

Policy: This privacy policy, whether as a physical, electronic document or any format generated by "THE RESPONSIBLE" that is made available to "THE HOLDER".

Database: It is the ordered set of personal information referring to an identified or identifiable person.

Cloud Computing: Model of external provision of computing services on demand, which implies the provision of infrastructure, platform or software, which are distributed in a flexible way, through virtualization procedures, in dynamically shared resources.

Cookies: Data file that is stored on the hard drive of a user's computer equipment or electronic communications device when browsing a specific internet site, which allows the exchange of status information between said site and the user's browser. Status information may reveal means of session identification, authentication or user preferences, as well as any data stored by the browser regarding the website.

Personal information: Any information concerning an identified or identifiable person

Sensitive Personal information: Personal information that affect the most intimate sphere of its Holder, or whose improper use may give rise to discrimination or entail a serious risk for it. In particular, those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union affiliation, political opinions or sexual preference are considered sensitive.

Manager: The natural or legal person who alone or jointly with others processes Personal information on behalf of "THE RESPONSIBLE".

Responsible: KOLORS, INC. or “NEXBUS DIGITAL”, S.A.P.I. de C.V.

User: Any person who uses "THE SERVICES" provided by "KOLORS".

Third party or Payment service provider: The person, national or foreign, other than "THE HOLDER" or "THE RESPONSIBLE" that can collect and store Personal Information.

Owner: The person to whom the personal information corresponds.

Treatment: The obtaining, use, disclosure or storage of personal information, by any means. The use includes any action of access, handling, use, transfer or disposal of personal information.

Transfer: Any communication of Personal information made to a person other than "THE RESPONSIBLE" or "THE MANAGER" of the Treatment.

Web Beacons: Visible or hidden image inserted within a website or email, used to monitor user behavior in digital media. Through these, information can be obtained such as the source IP address, browser used, operating system, time the page was accessed and, in the case of email, the association of Personal information.

II. PERSONAL INFORMATION THAT “KOLORS” MAY COLLECT.

In order to access "THE SERVICES" provided by "KOLORS", “THE HOLDER” must accept this privacy notice and create an account in which you will indicate the following information according to your user category.

·       Full name,

·       Address,

·       Username,

·       Account password,

·       Phone number,

·       Email,

·       Profile picture,

·       Official identification, and;

·       Billing data.

 

III. INFORMATION CREATED WHEN YOU USE OUR SERVICES.

 

·       Location information. Depending on “THE SERVICES” of “KOLORS” that you use and the configuration of your application or the permissions of your device, we may collect your precise or approximate location information as determined through data such as GPS, IP address and Wi-Fi.

 

·       Usage information. We may collect information about how you interact with our services. This includes information such as dates and times of access, application features or pages visited, application crashes and other system activity, browser type, and third-party sites or services you were using before interacting with our services.

 

·       Device Information: We may collect information about the devices you use to access our services, including hardware models, device IP addresses, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device movement information, and mobile network information.

 

IV. PERSONAL INFORMATION THAT A THIRD-PARTY MAY COLLECT.

"KOLORS" does not receive, store, or maintain any kind of financial data, since we use services of a gateway nature and acceptance of electronic payments provided by specialized companies. "THE HOLDER" authorizes "THE CONTROLLER" to contract with one or more payment services providers. The payment services providers will capture and process, in a private and restricted manner, the personal financial or banking data of "THE HOLDER" that are exclusively necessary to collect fees through a bank card or electronic means of payment.

“KOLORS” uses the services of the following payment provider:

STRIPE, INC.

https://stripe.com/

 

"THE RESPONSIBLE" may contract the services of payment services providers additional to the one mentioned in this notice, without this being considered a modification to this.

The third party or payment services providers may collect the following information:

·       Name of the bank entity,

·       Bank card number,

·       Credit card validity, and;

·       CVV code (Card verification Value) or CVC (Card verification code).

 

V. HOW DO WE USE YOUR INFORMATION?

"KOLORS" may collect and use personal information and data to provide, personalize, maintain and improve our products and services, this includes but is not limited to:

·       Provide our services and features

·       Provide transaction and travel confirmation communications.

·       Improve customer experience, including through personalization.

·       Customer service.

·       To facilitate our marketing programs, including offers or advertisements.

·       For research, development and analysis purposes.

·       To improve the security of our users and services.

·       In relation to legal proceedings.

·       Create and update your account.

·       Verification of your identity.

·       To keep track of the progress of your trip and notify you of any situation.

·       Enable features that allow you to share information with others, such as when you send a travel compliment or recommend “KOLORS” to a family member or friend.

·       Enable features to personalize your “KOLORS” account and experience.

·       Perform internal operations necessary to provide our services, including troubleshooting software bugs and operational problems, to perform data analysis, testing and research, and to monitor and analyze usage and activity trends.

VI. EXCHANGE OF INFORMATION.

“KOLORS” may share personal information with our affiliates, subsidiaries and business partners or allies. We may also share or disclose personal information and data for legal reasons or in connection with claims or disputes and as permitted by applicable law and in accordance with this privacy notice.

At "KOLORS" we have a very strict policy regarding the disclosure of your personal information, that is, "KOLORS" will not market your personal information at any time, nor will it disclose your personal information unless strictly necessary and according to the next paragraph.

“KOLORS”, may share personal information with the following:

·       Business partners or allies of "KOLORS"

·       With the general public when you submit content to a public forum (social networks, private forums)

·       “KOLORS” service providers (Carrier partners, payment provider, data processors, marketing companies, data analytics providers, research business partners, application security providers, professional service providers, insurance companies)

·       Legal issues or litigation.

·       Corporate transactions.

·       With your consent.

 

VII. STORAGE, RESTRICTION AND DELETION OF INFORMATION.

“KOLORS” retains a user profile, personal information and personal information for as long as you maintain your “KOLORS” account and use our services. In accordance with section VI. of this notice, "KOLORS" eliminates your personal information when you stop using "THE SERVICES" and we are not obliged by any applicable legal provision to maintain them.

At any time, "THE USERS" may request the deletion of their accounts or any personal information and personal information as long as we do not have a legal obligation to have it. "USERS" who wish to delete their account or personal information must send an email to the address dataprotection@kolors.com , with the following requirements:

·       The full name of the Holder,

·       Address or other means to communicate the response to your request,

·       The official documents that prove the identity of the Holder,

·       A clear and precise description of the personal information which you will exercise the rights conferred by the Law, and;

·       Any element or document that facilitates the location of the personal information in question.

Once the request is received, "THE RESPONSIBLE" will have a period of 20 (twenty) days to respond to "THE HOLDER" of the personal information, which will be sent through the means of contact indicated by "THE HOLDER" or, in its default to the email that is registered.

The revocation of consent related to personal information that is essential for "THE RESPONSIBLE" to deliver a product or provide "THE SERVICES" to "THE HOLDER" will imply that "THE RESPONSIBLE" will not be obliged to comply with it, because it is unable to it.

VIII. THIRDPARTY SERVICES.

"KOLORS" and our allies or business partners may use various third-party information technologies (such as cookies, web beacons or pixels) for different purposes. For example, save your browser or device, geolocation services, statistics, monitoring and personalization of activities, user authentication, remember preferences and settings of "THE USER", determine content popularity, analyze traffic and site trends and social features)

At “KOLORS”, we are not responsible regarding the policies or business practices of third parties, including, but not limited to, their services, and we encourage you to familiarize yourself with and review their privacy policies and terms of use.

In “KOLORS” we use different types of cookies, and each has a specific function. Some cookies are essential to the working of the website and allow you to navigate easily from page to page and perform certain functions (for example making a purchase). Other nonessential cookies allow us to analyze how you use our site, which enables us to make decisions about how best to improve the website design and functionality to fit your future needs.

In some cases, we use cookies to remember a selection you have made (for example your location), which saves you having to make that selection again if you return to the site. Other cookies allow our partners to see how many visitors click from their website to our website, and subsequently allow us to select the best partners to work with.

We will not store personally identifiable information or sensitive financial information such as credit card details in the cookies we create. All data collected using a cookie will be anonymous and will not hold specific knowledge of who a visitor is.

Usually web browsers are set to accept cookies. If you have visited this site, however, and did not want cookies to be used, please exit the site and use your browser tools settings to delete the cookies. If you do this and revisit this site, cookies will again be set unless you change your browser settings to reject cookies.

IX. UPDATES TO THE PRIVACY NOTICE.

“KOLORS” reserves the right to change or update this privacy notice from time to time in accordance with applicable privacy laws and principles. If we make significant changes, we will notify you of the changes through the “KOLORS” website. By using our services after such notice, you agree to our updates to this privacy notice.

We encourage you to periodically review this privacy notice for the latest information on our privacy practices.