Privacy Policy

We are committed to protecting your privacy

We respect the confidentiality of your information and take your privacy very seriously.

The purpose of this document is to describe how King Kong Organics and all its related entities (“KKOG”, “we”, “us” or “our”) manages any Personal Information that we collect in connection with your use of The KKOG Platform, including its website (KKOG Platform).

For the purposes of this Privacy Policy, Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.

This Privacy Policy applies to Personal Information collected from Members and potential Members. Please see the Product Disclosure Statement for more information about being a Member.

This document together with the KKOG Product Disclosure Statement, Terms and Conditions and the KKOG Platform Constitution and any other terms and conditions adopted by us from time to time and available on the KKOG Platform, constitute the legal relationship between you and us in respect of your use of the KKOG Platform.

Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.

Capitalized terms not otherwise defined in this Privacy Policy have the meaning given in the Product Disclosure Statement relating to the KKOG Platform.

Management of Personal Information

The Type of Information KKOG Collects

1. In order to provide Members with the products and services that they request we will need to collect Personal Information from Members and other individuals (for example business contacts service providers and prospective Members).

1.1. The type of Personal Information that we may collect from you will depend on our relationship with you and the circumstances of collection. Information we collect may include, but is not limited to, the following:

  • Name, age, date of birth and place of birth.
  • Residential address, business address, email address and contact telephone numbers.
  • Information that is required or authorized by law.
  • Opinions about our products, services and/or staff.
  • Bank account details and credit / debit card details.
  • Details about KKOG Platform users through the use of cookies.

1.2. KKOG may collect sensitive information in order to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) provided that the requirements in the section of this Privacy Policy relating to Sensitive Information are satisfied before the information is collected. This sensitive information may include government identifiers such as your tax ID number/social security number.

1.3. We may also collect copies of identification documents from you, for example drivers licenses, birth certificates and passports.

1.4. If you do not provide us with the information we request, we may not be able to fulfil the applicable purpose of collection, such as to supply products or services to you.

1.5. When you access and use the KKOG Platform we will record and log for statistical purposes certain information about such access and use, including your IP address, the date and time of your visit, the parts of the KKOG Platform you access during your visit, your actions on the KKOG Platform, and the browser you are using.

Collection

2. Information provided on registration to KKOG is collected for the primary purpose of acquiring an Interest and ultimately transacting a purchase of bricks. KKOG only collects Personal Information that is reasonably necessary for one or more of the functions or activities described in this Privacy Policy.

2.1. The information will also be used to forward to you, periodic information relating to your investment in KKOG and from time to time to provide to you with information of a generic or marketing nature relating to KKOG.

2.2. By completing and submitting an online application, you provide your consent to KKOG disclosing your information to Service Providers and to use your information for the purposes referred to described in this Privacy Policy.

2.3. To access or update your Personal Information, please visit www.KKOG.io/login, click on ‘My Account’ and then ‘Settings’ or contact KKOG at 310-283-6858 or info@KKOG.io.

2.4. Before we collect your Personal Information, or as soon as practicable after, we will take steps to notify you of the collection of your Personal Information and to remind you to review this Privacy Policy for details about the purpose for which such information is collected, how such information is used (including disclosure) and how you can access and correct such information.

2.5. If we are legally compelled to collect or disclose your Personal Information to a third party, we will notify you of this fact.

2.6. Where we no longer need your Personal Information, and where we are not required by or by law or a court/tribunal order to retain such information, we will take reasonable steps to destroy or de-identify such information.

Electronic Disclosure

3. Participation on the KKOG Platform is designed to be effected and managed online via the KKOG Platform and email.

3.1. You must nominate an email address when you apply and register via the Platform. The email address you nominate at registration will be the address to which we will send you information about KKOG and any investments you make via the platform. By nominating an email address, you consent to receiving the following documents by email to that address (or to any other email address nominated by you in your KKOG Account):

  • Your initial membership confirmation.
  • Notices of material changes or significant events.
  • Product related promotional and offer material.
  • Education Center content
  • Financial and operational content.
  • Supplementary disclosure documents

3.2. As a KKOG Member you will receive financial and operational communications related to your KKOG Account.

Use and Disclosure

Use of personal information

4. KKOG collects Personal Information for the purpose of conducting our business and providing products and services requested by you. Our policy is to use or disclose Personal Information for the primary purpose for which it was collected or for a secondary related purpose where you would reasonably expect us to use or disclose the Personal Information for that secondary purpose, or where such use or disclosure is required or authorized by or by law or court/tribunal order. We will only disclose sensitive information for a secondary purpose where the secondary purpose is directly related to the primary purpose, or where we are legally compelled to disclose such information.

4.1. In general, our uses of Personal Information include, but are not limited to:

  • establishing your identity;
  • managing your investment/s and our relationship with you;
  • providing you with the products or services you have requested;
  • providing you with updates in relation to your investment/s;
  • communicating with you about the products and services that we offer (including calling and emailing);
  • managing relations with third parties;
  • conducting and improving our business to help us manage and enhance our products and services and improve the investor experience;
  • human resources, compliance, quality assurance and staff training purposes;
  • managing our security and information control systems;
  • complying with our legal obligations, and assisting government and law enforcement agencies and/or regulators; and
  • identifying other products and services that we think may be of interest to you.

Disclosure to Third Parties

5. We take your privacy very seriously and take reasonable steps to confirm that third parties, with whom we deal, are also compliant with the Privacy Act. In executing services, activities and functions, where necessary, Personal Information may be disclosed to third parties and/or related bodies.

5.1. Your Personal Information will not be made available to any third party, other than as required by law and to service providers for permitted related purposes (for example, auditors, consultants and advisers) for the purpose of administering the investment.

5.2. Under no circumstances will we sell Personal Information. We only use or disclose Personal Information where it is reasonably necessary for, or directly related to, one or more of our functions or activities; or because it is required under relevant law or regulation. Personal Information will only be given to other organizations where one or more of the following situations applies:

  • We have consent from the individual.
  • The individual would reasonably expect, or has been advised that Personal Information may be used or disclosed.
  • If the use or disclosure is required by lawful authority.
  • If the use or disclosure relates to one or more Permitted General Situations under the Privacy Act including but not limited to) a serious and imminent threat to somebody’s life or health, or if it is reasonably necessary for law enforcement.

Cross Border Disclosure

6. KKOG does not intend to send or disclose your Personal Information to overseas recipients, but may transfer your Personal Information to a foreign recipient, if we reasonably believe that the below are true:

  • The recipient is subject to law, or a binding scheme, that has the effect of protecting your Personal Information.
  • The disclosure is required or authorized by law or a court/tribunal order.
  • The transfer is necessary for the performance of a contract with you (from which the information was collected).
  • The transfer is for your benefit (and all other requirements are met).

7. In the conduct of our business, we may transfer to, hold or access Personal Information from various countries including the United States of America, Canada and the United Kingdom. The privacy laws of those countries may not provide the same level of protection as the privacy laws of the country from which the personal information was collected. However, this does not change our commitments to safeguard your privacy and we will comply with all applicable laws relating to the cross-border data disclosure. Where disclosure is to be made to an overseas entity, we will assess the privacy laws of the country where information will be disclosed to determine whether the overseas recipient is required to comply with privacy laws that are at least as stringent as the requirements in relation to information. We may enter into a written contract with the overseas recipient to enable us to enforce protection of the Personal Information that we provide to the overseas recipient.

Sensitive Information

8. We only collect sensitive information reasonably necessary for one or more of the uses specified in this Privacy Policy if we have the consent of the individuals to whom the sensitive information relates, or if the collection is reasonably necessary for one or more of our functions or activities.

9. We may also collect sensitive information in circumstances prescribed by the Privacy Act, including if required or authorized by law or a court/tribunal.

Unsolicited Information

10. Sometimes we may be provided with your Personal Information without having sought it through our normal means of collection. We refer to this as “unsolicited information”.

10.1. Where we collect unsolicited information we will only hold, use and or disclose that information if we could otherwise do so had we collected it by means permitted by the law and this Privacy Policy. If that unsolicited information could not have been collected by a permitted means then we will destroy, permanently delete or de-identify the information as appropriate.

Direct Marketing

11. We may also use and disclose your Personal Information to keep you informed about products and services offered by KKOG.

11.1. Where permitted under laws, we may from time to time use your Personal Information to send you:

  • Offers, updates, events, articles, newsletters or other information about our products and services that we believe will be of interest to you.
  • Offers to subscribe to our blog, social media or announcements/updates and promotional offers.

11.2. You can opt out of receiving direct marketing information from us at any time you can do this by using the unsubscribe facility in your KKOG Account:

11.3. If you elect to subscribe to any of our publications or for any notifications and later decide that you no longer wish to receive monthly updates, social media, updates or promotional material from us, you may unsubscribe by following the instructions contained in the relevant electronic marketing message.

How Your Information is Stored and Protected by KKOG

12. We strive to maintain relevant, reliable, accurate, complete and current Personal Information and to protect its privacy and security.

12.1. KKOG will take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorized access, modification or disclosure. We hold the Personal Information we collect on secure servers or in physical storage located in controlled environments and protect it by using encrypted and up-to-date industry standard software protection programs and locks.

12.2. Personal Information is only accessible by officers, agents, service providers, contractors and employees of KKOG on a need to know basis, unless it is disclosed to another party in accordance with this Privacy Policy. All employees are required to maintain the confidentiality of any Personal Information they handle.

12.3. If other parties provide support services to KKOG, we require them to implement appropriate safeguards to protect the privacy of the Personal Information we provide to them. This may include requiring the execution of non-disclosure agreements to ensure the confidentiality of Personal Information. Where the Personal Information is no longer needed or required to be retained we take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.

How You Can Access Your Personal Information

Contact Details

13. You are welcome to contact KKOG to request further information about this Privacy Policy, request access to your Personal Information or make a request that your Personal Information be corrected and/or updated.

13.1. KKOG is permitted to refuse access to Personal Information in certain situations. Examples include where:

  • Giving access would have an unreasonable impact on the privacy of other individuals.
  • Giving access would be unlawful, or where denying access is required or authorized by law or a court order.
  • Both of the following apply:
    • We have reason to suspect that unlawful activity, or misconduct of a serious nature that relates to our functions or activities has been, is being or may be engaged in.
    • Giving access would be likely to prejudice the taking of appropriate action in relation to the matter.
  • Giving access is likely to interfere with law enforcement activities.

13.2. KKOG will take reasonable steps to provide a copy of this Policy to anyone who requests it, free of charge. We do not charge for receiving a request to access or correct Personal Information, although we may charge a reasonable amount to cover the cost of processing such a request. In this situation, KKOG will provide an estimate of how much the service will cost and request an agreement to the cost before proceeding.

13.3. Further information can be requested using the contact details set out below.

  • KKOG Limited
  • 101 S. Topanga Canyon Blvd, Topanga, CA 90290
  • Telephone: 310-283-6858
  • Email: info@KKOG.io

Request for Correction of Information

14. We strongly encourage you to ask us to correct any Personal Information we hold that is out-of-date, incorrect, incomplete or misleading.

14.1. KKOG will respond to a request for correction of Personal Information within a reasonable period after the request is made. We may refuse access to your information or refuse a request for correction in limited cases, including where there are legal, regulatory or administrative reasons to deny access.

14.2. If KKOG refuses to correct the Personal Information as requested by you, KKOG will provide you with a written notice that sets out:

  • The reasons for the refusal except to the extent that it would be unreasonable to do so.
  • The mechanisms available to complain about the refusal.

14.3. If KKOG refuses to correct the Personal Information, it will keep with the record an indication that you have requested that the information be corrected.

15. To request a correction of your Personal Information, please contact Customer Services at info@KKOG.io, or call on 310-283-6858.

Platform Analytics and Cookies

16. Platform analytics measurement software is used to assist in tracking traffic patterns to and from the KKOG Platform to survey users of the sites. The information gathered is not personally identifiable and is used to improve the KKOG Platform.

17. Cookies are small pieces of text stored on your computer to help us determine the type of browser and settings you are using, where you have been on the KKOG Platform, when you return to the KKOG Platform, where you came from, and to ensure your information is secure. The purpose of this information is to provide you with a more relevant and effective experience on the KKOG Platform, including presenting web pages according to your needs or preferences.

18. KKOG may also use external service providers to track the traffic and usage on the KKOG Platform. We use this information to help us refine our marketing and messaging through online advertising.

AML/CTF ACT

20. Before we provide a product or service to you, we may be required to collect your Personal Information to comply with our customer identification obligations under the AML/CTF Act.

21. The Personal Information we collect for this purpose typically includes identification information, such as name, residential address and date of birth. In some cases, we may need to collect information about the political activities and opinions of individuals to determine whether they are politically exposed persons for the purposes of the AML/CTF Act. If we ask for this information, and you provide it to us, we will infer your consent to use and disclose the information for this purpose.

22. In certain circumstances, we may need to clarify or update the Personal Information we previously collected for identity verification purposes, or collect further information, including financial information about individuals. Where this is necessary, we will collect the information directly from you or from third party sources.

23. See the Terms and Conditions for further details about the information about our obligations and your rights in connection with a disclosure to a credit reporting agency.

24. You have the right to let us know by email at info@KKOG.io if you do not want us to disclose your personal information to a credit reporting agency for this purpose and opt for an alternative means of verifying your identity for the purposes of the AML/CTF Act.

About this Privacy Policy

25. The Privacy Policy is reviewed from time to time to take account of new laws and technology, changes to our operations and practices, and to make sure it remains appropriate to the changing environment.

26. This Privacy Policy is publicly available on our Platform at www.KKOG.io/privacy

27. This Privacy Policy was last updated on 4th June 2018.

If you have an enquiry or complaint about this Privacy Policy

28. If you wish to make an enquiry about, or request access to, your Personal Information or if you have any complaint in relation to the manner in which your information has been handled, or about a breach that binds KKOG, please contact Customer Services at info@KKOG.io, or call on 310-283-6858.

29. We endeavor to respond to complaints within a reasonable period (usually 30 days).

30. GDPR KKOG

KKOG is committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognize our obligations in updating and expanding this program to meet the demands of the GDPR. KKOG is dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarized in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.

How We Are Prepared for the GDPR

KKOG already has a consistent level of data protection and security across our organization. 2018. Our preparation includes: –

  • Information Audit – carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.
  • Policies & Procedures – data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including: –
    • Data Protection – our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
    • Data Retention & Erasure – we have updated our retention policy and schedule to ensure that we meet the ‘data minimization’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.
    • Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
    • International Data Transfers & Third-Party Disclosures – where KKOG stores or transfers personal information outside the EU, we have procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without.
  • Legal Basis for Processing – we are reviewing all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to.
  • Privacy Notice/Policy – we have revised our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
  • Obtaining Consent – we have revised our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
  • Direct Marketing – we have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
  • Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data; we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).
  • Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, hosting etc), we have drafted compliant Processor Agreements and due diligence procedures for ensuring that they (as well as we), meet and understand their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organizational measures in place and compliance with the GDPR.
  • Special Categories Data – where we obtain and process any special category information, we do so in complete compliance with the Article 9 requirements and have high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.

Data Subject Rights

In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via KKOG.io of an individual’s right to access any personal information that KKOG processes about them and to request information about: –

  • What personal data we hold about them
  • The purposes of the processing
  • The categories of personal data concerned
  • The recipients to whom the personal data has/will be disclosed
  • How long we intend to store your personal data for
  • If we did not collect the data directly from them, information about the source
  • The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
  • The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
  • The right to lodge a complaint or seek judicial remedy and who to contact in such instances

Information Security & Technical and Organizational Measures

KKOG takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorized access, alteration, disclosure or destruction and have several layers of security measures, including: – SSL, access controls, password policy, encryptions.

If you have any questions about our preparation for the GDPR, please contact info@kkog.io

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