Privacy Policy

Kevala's Privacy Policy is periodically reviewed and enhanced as necessary. This Privacy Policy may change as Kevala updates and expands the Kevala Platform. Kevala will work to notify you of any material changes by email. Kevala also encourages you to review this Privacy Policy thoroughly and periodically.

1. Introduction

Thank you for choosing to be a part of the Kevala community. When you use our services, you are trusting us with your information and we’re here to ensure that your information is protected. This Privacy Policy is meant for you to understand what information we collect, why we collect it, and how you can manage and update your information.

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Before we get started with the details, here are a few terms we think you should know as you read this policy.

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In this Privacy Policy, Kevala Technologies, Inc. may be referred to as "Kevala," “we,” “our,” or “us.”

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This Privacy Policy applies to personal information and other information collected by Kevala or its service providers from or about “You” (or “Your”) and you may be:

• a visitor to, or user of, our Site without a Kevala account;
• a visitor to, or user of, our Site with a Kevala account; referred to as “Employee” and can be an “Employee” of Kevala, or an “Organization”
• a current customer using the Services pursuant to a written agreement with Kevala referred to as “Organization” (or “Client,” “Agency,” or “Employer”)
• a prospective and current customer using the Services pursuant to a clickwrap, browser wrap, or other online agreement;
• a service provider or business partner; or
• another third-party that uses the Services, including without limitation the end users of prospective or current customers.

“Data Protection Laws” refers to the laws that are designed to protect your personal data and privacy in the place where you live. This includes: (1) the “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; (2) “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada; and (3) the California Consumer Privacy Act (“CCPA”) which applies to our activities in the United States. Kevala is committed to adhering to all these applicable Data Protection laws.

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“Personal data” – this is information we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA and the CCPA, the equivalent concept is “personal information,” which is roughly the same. Any mention of “personal data” in this Policy shall also mean personal information.

2. The Kevala Platform

We build a range of services for employees and organizations to change the healthcare industry for the better. Our services include:

• The community platform that we offer at our website (www.kevala.care and local variants) is referred to as the “Site(s).”
• Kevala’s Sites, applications and related services, information and communications are collectively referred to as the “Kevala Platform.”

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Organizational account information

Some experiences and services within the Kevala Platform allow organizations to interact with employees and employees to interact with organizations. If a user is granted access to an organization, the owner of the organization or a designated administrator may control and administer details of your account. For example, deciding your access rights, making decisions about your personal information, or requiring you to take certain actions. If your access rights are amended by the owner or designated administrator, then you may lose access to the information that is in the control of the organization.

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Your use of the Kevala Platform as part of an organization’s account may be subject to the organization’s policies, which may be different from this Statement. We are not responsible for the privacy or security practices of other organizations, and you should consider both the organization's policies and whether you are comfortable enabling the organization with access to your information prior to connecting to their services.

3. Information we collect and how you use it

We want you to understand the type of information we collect as you use our services. The information that we receive depends on the context of your interactions with Kevala, and also depends on what services and functionalities you use, your location, and applicable law.

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Information Organizations (Employer, Client, Agency) provide to us:

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Personal Information provided by you

We collect information when you create an account or interact with the Kevala platform. Personal information may include, first, middle, and last name, postal address, profile photo, telephone number, email address, work related documentation.

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Employee Information provided by you

We collect employee information when you add an employee to your organization in the Kevala platform with personal information such as name, email address, telephone number, and work related documents (i.e. licenses, credentials, and employment records).

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Customer support, product research, training and feedback‍

We may collect personal information such as your name, email address, telephone number and any other personal information you choose to share when you reach out to us for support, give us feedback, participate in optional surveys, subscribe to marketing, participate in product research or training or otherwise interact or communicate with us.
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Financial Information

To help Providers set up a payment account and help businesses make payments to Providers and pay fees to Kevala, we may collect financial information, including credit card number, bank routing numbers, tax information, taxpayer identification number, and other payment information, as applicable. We use Financial Information in order to operate the Kevala Platform and to ensure that Providers are paid by Kevala and our Clients. We do this as necessary for our legitimate interests in providing our platform and services and to fulfill our contracts with Users.

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Content Information

You may choose to send Kevala Personal Information in an email or chat message containing inquiries about the Kevala Platform and we use this Information in order to help us respond to your inquiry.

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Information Employees provide to us:

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Personal Information provided by you

We collect information when you create an account or interact with the Kevala platform. Personal information may include, first, middle, and last name, postal address, profile photo, telephone number, email address, work related documentation.
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Information provided by an Employer

We collect information when a business you interact with provides us with information about you required to add you to the platform such as name, email address, telephone number, and other work related documents (i.e. licenses, credentials, and employment records).
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Customer support, product research, training and feedback

We may collect personal information such as your name, email address, telephone number and any other personal information you choose to share when you reach out to us for support, give us feedback, participate in optional surveys, subscribe to marketing, participate in product research or training or otherwise interact or communicate with us.

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Financial Information

‍To help Employees set up a payment account and help organizations make payments to employees, we may collect financial information, including credit card number, bank routing numbers, tax information, taxpayer identification number, and other payment information, as applicable. We use Financial Information in order to operate the Kevala Platform and to ensure that Employees are paid by Clients. We do this as necessary for our legitimate interests in providing our platform and services and to fulfill our contracts with Users.

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Promotional Information‍

‍Certain offerings of the Kevala Platform, such as newsletters, surveys, contests, and the like are optional and so you are not required to enter them or to give us your data in connection with them. Where you do consent to take advantage of Kevala Platform offerings, we will use your data to (as applicable) send you newsletters and other communications that are tailored based on information we have about you, or to operate and manage the survey, contest or similar offering in connection with our legitimate interest in promoting our business and the Kevala Platform. To opt-out of receiving marketing communications from us, please see the Choice/Opt-Out section below.
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Content Information

You may choose to send Kevala Personal Information in an email or chat message containing inquiries about the Kevala Platform and we use this Information in order to help us respond to your inquiry.

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Camera

Certain features may have access to your photos and camera if you grant permission in your settings.

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Information Kevala Collects Automatically

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We automatically collect certain information when you use the Kevala platform. We collect information about the apps, browsers, and devices you use to access Kevala services. The information we collect includes:  

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Service Use Data

Including data about features you use, pages you visit, emails and advertisements you view, portions of the Kevala Platform that you view and interact with, the time of day you browse, and your referring and exiting pages.

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Device Information‍

We may collect information about your device such as Internet Protocol (“IP”) addresses, device type, browser type, mobile operating system, Ad ID, log information, and device language settings.

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Location Data

Including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level), and, with your consent, precise location data (such as latitude/longitude data). When you visit the Kevala Platform via a native mobile application, we use, with your consent when required under applicable law, GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display a relevant location map or help to facilitate clocking in and out on Kevala’s timesheet system. We will not share your current location obtained in this manner with other Users.

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We also use various Tracking Technologies (“Tracking Technologies”) to automatically collect information when you use the Kevala Platform, including the following:

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Cookies

We use cookies to track and collect information about your activity on the Kevala platform, which helps us understand how you use Kevala in order for us to improve our services. When you visit Kevala, your browser may automatically transmit information to these websites throughout the visit. We use “cookies” and equivalent technologies to collect information through our Site and Apps. Cookies are small data files stored on your device that act as a unique tag to identify your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Platform. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. We utilize persistent cookies that only Kevala can read and use, and access mobile device IDs to save your login information for future logins to the Kevala Platform and assist in processing items during checkout, hold session information, and track user preferences. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
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Social Media Platforms

Our Site or Services may contain social media sign in and buttons such as Facebook, Instagram, Google, LinkedIn, and Twitter. By using these features, you are consenting to allow the social media platform or other third-party service to collect and share your IP address, which page you are visiting on our Services, and set a cookie or Tracking Technologies to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the social media platform or third-party service providing it.

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Pixels

We and our Third Party Agents may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with the Kevala Platform and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, determine the success of marketing campaigns, and compile statistics about Site usage and response rates.‍

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How Kevala uses your information

‍We collect and use information for business and commercial purposes in accordance with the practice described in this Privacy Policy. Our business purposes for collecting and using information include:

• To operate and make available the Kevala Platform. We use your data to connect you with other Users to enable the posting of, selection for, completion of, and payment for tasks, in order to fulfill our contracts with Users
• For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which Clients and Providers can meet and conduct business, and in order to comply with our legal obligations
  
• To conduct identification, criminal background, and right to work checks, if applicable, and to the extent permitted by local law, on Users, in order to advance our legitimate interests as well as for the substantial public interest of ensuring the safety of our Users both online and offline, preventing or detecting unlawful acts, protecting the public against dishonesty, and maintaining the integrity of the Kevala Platform given that Providers often interact directly with Clients and may enter their homes
• To analyze Kevala Platform usage as necessary for our legitimate interest in improving the Kevala Platform to grow our business
• To contact you and deliver (via email, SMS, push notifications, or otherwise) transactional information, administrative notices, marketing notifications, offers and communications relevant to your use of the Kevala Platform, with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with our Users and in promoting our business
• To provide you with customer support in order to fulfill our contracts with Users;
• For internal market research for our legitimate interest in improving the Kevala Platform to grow our business
• For troubleshooting problems for our legitimate interests in ensuring a safe and secure environment in which Users can meet
• To assist Users in the resolution of complaints and disputes between them, as necessary for our legitimate interests in facilitating good relations among Users
• To enforce our Terms of Service and our legitimate interests in ensuring our Agreement is complied with
• As otherwise set forth in the Agreement

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Interest-Based Advertising

Ads are a standard part of user experience on the Internet, and Kevala believes that targeted advertising enhances this experience. Kevala and affiliate third parties may use cookies and other technologies to place ads where they believe interested Users will see them. In addition to banner ads, Kevala may advertise products, companies and events that we think might interest you through the email address you provide. We may incorporate Tracking Technologies into our own Service (including our website and emails) as well as into our ads displayed on other websites and services. Some of these Tracking Technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you (“Interest-Based Advertising”).

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‍For more information and to understand your choices regarding third party ads, please see Exhibit A. Advertising and marketing is carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

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‍Analytics and Market Analysis

‍Kevala may analyze information (“Market Analysis”) as necessary for our legitimate interests in providing an engaging and relevant experience, and promoting and growing the Kevala Platform.Kevala uses information to offer services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

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‍Cell Phone Numbers

‍Kevala may use your cell phone number to call or send recurring text messages to you, using an autodialer or prerecorded voice, in order to provide you notifications about tasks, for marketing purposes (with your consent where required by law), and to administer the Kevala Platform. If you would like more information about our policy, or how to opt out, please review the “Choice/Opt Out” section below or Section 9 of our Terms of Service . You may be liable for standard SMS and per-minute charges by your mobile carrier. Kevala may also message you via push notifications (with your consent when required under applicable law), which you can opt-out of on your mobile device. Data rates may apply.

4. How we share your information

We only share the Information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows:

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‍Third Party Agents

‍We share information, including Identity Information, with entities that process information on our behalf for our business purposes. Third Party Agents assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, fraud prevention and detection, communication services, and technical support. We contractually prohibit our Third Party Agents from retaining, using, or disclosing information about you for any purposes other than performing the services for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.

To operate the Kevala Platform, including processing your transactions, we may share your information with our agents, representatives, vendors and service providers (“Third Party Agents”) so they can provide us with support services as follows:

• Email origination;
  
• Identity checks and criminal background checks to the extent permitted by applicable law;
• Fraud detection. Our fraud detection providers also use information relating to you and your use of and activity on the Kevala Platform to provide fraud detection services to their other clients;
• Receipt, invoice, or support services;
• Customer relationship management services;
• Financial transaction fulfillment (in which we are currently supported by Stripe, who processes your information in accordance with its own privacy policy) and related chargeback and collection services; and to otherwise help us provide the Kevala Platform.

Partners

‍Some Kevala content may be "sponsored by" or "presented by" other companies. If you connect to the Kevala Platform through a co-branded version of our Kevala Platform or otherwise participate in one of our partner programs, we may share information about your use of the Kevala Platform with that Partner in order to offer the integrated platform and to evaluate the partner program. We may also share your information with our Partners in order to receive additional information about you, or in order to create offers that may be of interest to you. Please check such Partner’s privacy policy before revealing information about yourself. If you don't want these Partners to have your Personal Information, you can choose to not participate.

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‍‍Promotions

‍When you voluntarily enter a sweepstakes, contest, or other promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners’ list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice, and/or likeness in advertising or marketing materials. We may occasionally contact you, if you want us to, with information about special events, activities, promotions, contests, submission opportunities, and programs. You always have the ability, in your Account, to ask Kevala not to contact you with this type of information. Please see the Your Rights and Choices section for more information.

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‍Other Users

‍Kevala facilitates contact between Clients and Providers and reserves the right to share a Provider’s contact information (e.g. name, phone number, email, or postal address) with a Client and vice versa, or with their legal or other representative, in order to facilitate: (1) the resolution of a dispute related to or arising from an interaction between two or more Users of the Kevala Platform; or (2) the performance of a Task. This exchange of information is a mandatory part of the Kevala Platform.

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‍Legal Obligations

‍Kevala and our Third Party Agents may disclose information or User Generated Content, including location data or communication data, to a third party if required or permitted to do so by law or pursuant to a court order, warrant or subpoena. Kevala reserves the right to disclose Personal Information from both private and public areas of the Site(s) and the Kevala Platform in the absence of a court order, warrant or subpoena, to the extent permitted by applicable law, if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or Kevala or its partners, parents or affiliates.It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited or otherwise constrained by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).

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‍Merger or Acquisition

‍Kevala reserves the right to share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.

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‍Public Areas

‍Your profile on the Kevala Platform consists of information about you and your business, and may include information such as photographs, your years in business, skills and expertise, hourly pay rates, feedback/rating information, and other information, including your username (“Profile”). The information in your User Profile may be visible to all Users and the general public. If you choose to post a Task via the Kevala Platform, the contents of such listing will be viewable to Providers you select on the Kevala Platform.

5. Your rights and choices

You may opt-out of receiving promotional communications from us and our Partners, remove your information from our database, choose to not receive future promotional communications related to the Kevala Platform, or cancel your account, or by contacting us.

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‍Notifications

You have the option to receive updates and relevant offers via notifications to your email or phone. These notifications can be configured in the settings of your Kevala account.

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‍Corrections to Profile

As a user, you have the right to access, update, and correct inaccuracies in your Kevala Profile at any time by logging in to your profile. You can update your information in the settings section, or by going to your profile and personal information section.

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Your data protection rights

‍Depending on your location and subject to applicable law, you may have the following rights described with regard to the Personal Data we control about you:

• The right to request confirmation of whether Kevala processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
• The right to request that Kevala rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
• The right to request that Kevala erase your Personal Data in certain circumstances provided by law.
• The right to request that Kevala restrict the use of your Personal Data in certain circumstances, such as while Stripe considers another request that you have submitted (including a request that Stripe make an update to your Personal Data);
• The right to request that we export your Personal Data that we hold to another company, where technically feasible;
• Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time; and/or
• Where we process your information based on our legitimate interests, you may also have the right to object to the processing of your Personal Data. Unless we have compelling legitimate grounds or where it is needed for legal reasons, we will cease processing your information when you object.

Process for exercising your data protection rights

To exercise your data protection rights please contact us as described below.

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6. Data Retention

Typically, Kevala will retain Customer Data for no longer than 27 months after a legitimate business purpose for the data no longer exists or upon Customer request, whichever occurs first. However, applicable laws might require us to retain your personal information even after you close your account with us.

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When deciding how long to keep your information, we consider:

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We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for a longer period as may be in our legitimate interests and to comply with our legal obligations. We may also retain data from which you cannot directly be identified, for example where stored against a randomly-generated identifier so we know the data relates to a single User, but we cannot tell who that User is. We use this kind of data for research purposes and to help us develop and improve our services, and we take appropriate measures to ensure you cannot be re-identified from this data.

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7. Protection of Sensitive and Personal Information

Kevala implements and maintains reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Kevala has staff dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing security, and making sure that every Kevala employee is aware of our security practices. We monitor our Services for potential vulnerabilities and attacks, and have also implemented controls which require our third-party service providers and partners to have appropriate safeguards to protect your personal information. Nevertheless, transmission via the internet is never 100% secure and we cannot guarantee the security of information about you. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure. You are also responsible for protecting your information.

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Your Kevala account is password-protected so that only you and authorized Kevala staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your Kevala account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.

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8. Children's Privacy

This service is intended for a general audience, and is not directed at children under 13 years of age. In certain jurisdictions, this minimum age may be higher. Please check the Jurisdiction-specific Provisions below for more information. We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe that we have collected information from your child in a manner not permitted by law, please let us know by contacting us at the contact information listed below. We will remove the data.

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We do not knowingly collect or “sell” the Personal Information of minors under 18 years old who are California residents.

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9. Jurisdiction-specific Provisions

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United States

Our collection, use, and retention of the Information of U.S. Users is in accordance with applicable U.S. laws, as is our determination of what is deemed to be “personal data and/or information”. Such collection, use, and retention laws are different from those afforded to EU Users under the General Data Protection Regulation of 2018 (“GDPR”).

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Kevala expressly disclaims any liability that may arise should any other individuals obtain the information you submit to the Kevala Platform.Interest-Based Advertising in the United States. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.Kevala’s Security of Collected Information. While Kevala will use commercially reasonable efforts to ensure the security of all Financial Information and Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein, and you agree to hold Kevala harmless for any damages that may result therefrom. If you have any further questions on this issue, please refer to the Terms of Service.

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‍United States- California

‍These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires business collecting or disclosing Personal Information to provide notice of rights California residents have and can exercise.

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10. Contact Us

If you have any questions about this Privacy Policy or the manner in which we or our Third Party Agents treat your Personal Information, the practices of the Site, your dealings with the Kevala Platform, or if you have technical problems, you may contact us at "support@kevala.care".Kevala's staff will respond to all mail or email from Users with questions about privacy, including the types of Personal Information stored on the Kevala database, and requests to delete or rectify such Personal Information.