Kromalogic, LLC  (the “Company”) and/or Philipp Karner and/or the Company’s website, products, services, email, social media, software and any other related digital components, values the privacy of the individual and has created this policy (“Privacy Policy”) to demonstrate its firm commitment to transparency about how the Company treats the information of its users of the Website and/or User-Generated Content. Because the Company gathers important information from our users, the Company has established this Privacy Policy as a means to communicate the Company’s information gathering and dissemination practices. The Company reserves the right to change this Privacy Policy in accordance with the terms herein and reflected in the Terms of Service.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account or Profile created for You to access the Website. Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Company (referred to as either “the Company,” “We,” “Us” or “Our” in this Agreement) refers to Kromalogic, LLC. For the purpose of the GDPR, the Company is the Data Controller.

Country refers to: United States

Device means any device that can access the Website such as a computer, a cellphone, or a digital tablet.

Sale means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or a third party for monetary or other valuable consideration.

Service refers to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Website.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

What information do we collect?

We collect information from you when you register for an Account on our Website or fill out a form. We will collect any and all information that you input, including but limited to: Contact Information (Name Data; Email Address Data; and Telephone Number Data); Health and Fitness (Health and Medical Data and Fitness and Exercise Data); Payment Information Data; Location (Precise Location Data and Coarse Location Data); Contacts (Accessing User Address Book Data); Search History(Information About Searches Performed In The App Data); Identifiers (User ID Data and Device ID Data); and Diagnostics (Crash Data and Performance Data).

We may also collect your physical location through “geo-tagging,” first and last name, home or other physical address, including, but not limited to, Information and/or User-Generated Content, (as those terms are defined in the accompanying Terms of Service), street name and name of a city or town, and billing information, such as billing name and address, bank account number, routing number and in some instances a credit card number and/or other identifier that permits the physical or online contacting of a specific individual, depending on your activities while on the Website.

What we use information for Any of the information we collect from you may be used in one of the following ways: to personalize your experience (your information helps us to better respond to your individual needs); to improve the Website (we continually strive to improve our offerings based on the information and feedback we receive from you); to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); to send periodic emails. We can also use your information to monitor and assemble analytics pertaining to an individual’s use of the Website. The Company may use the information that we collect to setup the Accounts for registered users and may also use the information to send information regarding our company or partners, such as promotions and events. The email address you provide may be used to send you occasional company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, please reply to the Company email and request that your email address be removed from the list.

We will not sell, trade, or otherwise transfer to outside parties your personally identifiable information; except that certain information may be transferred as a necessary function of an API or other similar software function. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. User email addresses may be sold to or otherwise shared with third parties for marketing purposes; provided, however that the Company may assign any and all personal customer information to a successor entity should the Company be the subject of a merger, acquisition or any other similar such transaction in which the control of the Company substantially changes. Individual records may at times be viewed or accessed only for the purpose of resolving a problem, support issue, or as may be required by law. Of course, registered users are responsible for maintaining the confidentiality and security of their user registration and password. The Company may aggregate data, including demographic or other general user data, together in an anonymous fashion to generate reporting for internal analysis or distribution as it sees fit and may, at its sole discretion, choose to offer such reporting for promotional purposes and/or monetary gain. The Company may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

Online Privacy Policy Only

This online Privacy Policy Website applies only to information collected through our Website and not to information collected offline.

Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page.

Public Forums

We may offer chat rooms, message boards, bulletin boards, or similar public forums, where you and other users of our Website can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through the Website.

Keeping Your Information Secure

We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any Applicable law requiring notice upon a security breach) is compromised, we may notify you by email (at our sole and absolute discretion) to the last email address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification wouldimpede a criminal investigation. From time to time we evaluate new technology for protecting information, and when Appropriate, we upgrade our information security systems.

Contact and Opt-Out Information

You may contact us as at contact@kromalogic.com if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others. We will respond to your request and, if Applicable and Appropriate, make the requested change in our active databases as soon as reasonably practicable.

Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.

Sole Statement

This Privacy Policy as posted on the Website is the sole statement of our privacy policy with respect to the Website, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Website.

GDPR Privacy Policy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

Consent: You have given Your consent for processing Personal Data for one or more specific purposes.

Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.

Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or on another natural person.

Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:
• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible. You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data
protection authority in the EEA.

This Privacy Policy was last revised on Nov 1, 2024.