Kornea’s Privacy Policy

Last Modified: April, 26th 2021 (“Effective Date”)

 

INTRODUCTION

This privacy policy (“Privacy Policy”) is designed to inform you about KORNEA Inc. (“KORNEA,” “we,” “us,” or “our”) policies and procedures for collecting, using, and disclosing your information in connection with your use of the KORNEA service. KORNEA provides a Visual Arts on demand platform (the “Service”) designed to enable visual artists (“Artists”) to list and display their artworks for subscribers of the Service (“Subscribers”).

Artists can access the Service through our mobile app platform (“App”), through Apple Store or the Google App Store. A “Device” is any computer used to access the KORNEA Service, including without limitation a smart TV, mobile phone, tablet, or other consumer electronic device supporting the App.

SCOPE

This Privacy Policy governs your access of the KORNEA Service, regardless of how you access it, and explains what data we collect when you use the App and/or the Service, why we collect the data, how it is used, and your rights and choices. This policy applies to personal data and other information collected by us from or about: (i) visitors to, or Artists of, our App, (ii) prospective clients, (iii) current clients, (iv) job applicants.

While providing our Service, we collect information related to Recipients on behalf of our Artists. Our use of information on behalf of our Artists is governed by our contract with the applicable Artist and the Artist’s own privacy policies. We are not responsible for the privacy policies or privacy practices of Artists or other third parties.

By using our App or the Service you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.

  1. INFORMATION WE COLLECT

When you interact with the App or the Service and in connection with our events, and sales and marketing activities, we collect information that alone or in combination with other information could be used to identify you (“Personal Data”), as described below:

A. Information You Provide as an Artist

When you register an account as an Artist, you may be asked to provide Personal Data including without limitation, your:

  • Names
  • Date of Birth
  • Phone number
  • Email address
  • Home or business address
  • Credit Card and Bank account information (to process the payments to you)

You may also choose to submit Personal Data to us when you send us an email or use any interactive features that we may make available on the Service.

B. Information you provide as a Subscriber

When you register an account as a Subscriber, we will only collect your email address if you decide to share it with us (optional).

This Privacy Policy applies to Subscribers only if such information is shared with us.

C. Direct contact and Customer Support

We may also collect data from you including without limitation when you attend one of our events, during phone calls with sales representatives, or when you contact customer support.

D. Automatically Collected Information

When you use the Service, we automatically record information from your Device, its software, and your activity using the Service. This includes the Device’s Internet Protocol (IP) address, operating system, browser type, locale preferences, your mobile carrier, and other interactions with the the Service (“Technical Data”).

We collect this information in order to deliver and improve our Service.

  1. HOW WE USE INFORMATION

A. Provide Information; Respond to Requests

When you ask for information about the Service (for example, when you request a demo or ask us to send you offers or price information), we will use your contact information to respond to your request. Such use is necessary to respond to or implement your request.

B. Provide the Service to Artists and Subscribers

We use account-related data provided by Artists in connection with the sign-up, use, or support of the Artist account (such as usernames, email address and billing information) to provide you with access to the Service and/or the App, contact you regarding your use of the Service and/or the App, or to notify you of important changes to the Service and/or the App. Such use is necessary for the performance of the contract between you and us.

C. Sending Marketing Communications and Other Announcements

Where required by applicable law (for example, if you are an EU data subject), we will only send you marketing information by email or mail, or contact you by phone, if you consent to us doing so at the time you provide us with your Personal Data. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you. In addition, if at any time you do not wish to receive future marketing communications or wish to have your name deleted from our mailing or calling lists, please contact us at [email protected]. Please note that if you opt out from marketing communications, we may still contact you regarding issues related to our Service and to respond to your requests.

This section applies to Subscribers if they decide to share their email address with us.

D. For Legitimate Business Interests

We use data relating to your use of and interaction with the App and the Service for certain legitimate business interests, which are the following:

  • to provide, administer, and support the App and the Service;
  • to personalize and improve your access to and use of the App and the Service (including to increase our Service’s functionality, product features, and user-friendliness);
  • to inform our marketing strategy and personalize our communications with you (including providing or offering software updates, information on our features and other marketing and service-related announcements relevant to the content and features you engage with);
  • to conduct analytics and report on industry trends on content usage and performance;
  • to meet our corporate and social responsibility objectives;
  • if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, we will keep basic data to identify you and prevent further unwanted processing; and
  • for internal business/technical operations, including troubleshooting, data analysis, testing, to prevent fraud or criminal activity, misuses of our products or services and ensure the security of our IT systems, architecture, and networks.

This use of your Personal Data is necessary for our legitimate interests in understanding how the App and our Service are being used by you and to improve your experience on it.

  1. INFORMATION SHARING AND DISCLOSURE

A. Your Use

If you are an Artist, we will use your Personal Data listed in Section 1 above to administer your account for the Service. We will not display such Personal Data publicly in the App.

You can choose to share Professional information about you such as promotional links (Facebook or Instagram accounts, website, etc.) for your artworks in your biography. However, for confidentiality and security reasons, you will not be able to share Personal Data such as address, phone number or email in your biography. In the case such information is provided in the biography, it will be removed and will not show in your public profile and biography.

B. Employees, Service Providers, Business Partners, and Others

We will disclose your Personal Data to our employees as necessary to deliver the Service, and we may use certain third party companies and individuals to help us provide, support, analyze, and improve the Service (such as providers of data storage services, maintenance services, payment processing (described below), database management, providers of analytics services who help us understand how you use and interact with the App and the Service, providers of digital advertising services, providers of CRM, marketing, and sales software solutions, vendors who assist with recruiting, talent and background checking). These third parties may have access to your Personal Data for the purpose of performing these tasks on our behalf and pursuant to our instructions.

As of the Effective Date, we use Amazon’s S3 storage service to store some of your information (for example, your Content). You can find more information on Amazon’s data security from the S3 Platform at: http://aws.amazon.com/s3/faqs/ and http://aws.amazon.com/security/.

C. Compliance with Laws and Law Enforcement Requests; Protection of KORNEA’ Rights

We may disclose to parties outside KORNEA files stored in your KORNEA account and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation, or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of KORNEA or its Artists; or (d) to protect KORNEA’ property rights.

D. Business Transfers

If we are involved in a merger, acquisition, bankruptcy, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our App) of any change in control or use of your Personal Data or Content, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information.

5. CHANGING OR DELETING YOUR INFORMATION

If you are a registered Artist, you may review, update or correct the Personal Data provided in your registration or in your biography, displayed in the App. If you would like to delete your account, please contact us as indicated below. If your Personal Data changes, or if you no longer desire our Service, you may update it by making the change on your account settings. In some cases we may retain copies of your information as described in Section 5 below. If your Personal Data has been shared outside of our Service by other Artists, Subscribers or any third parties and not directly by us, we cannot change or delete this Personal Data out of our control. For questions about your Personal Data on our Service, please contact [email protected].

6. DATA RETENTION

We will retain your Personal Data for as long as is necessary for the purposes set out in this Privacy Policy or for our Services, for as long as your account is active, or as needed to provide you the Service or for the duration required by law, whichever is the longer. If you wish to delete your account or request that we no longer use your information to provide you the Service, you may ask that we delete your account by emailing [email protected] We will then delete your Personal Data within 30 days. We may retain, use or disclose your information (including Personal Data) as necessary to comply with our legal obligations, to resolve disputes or enforce our agreements, and a legitimate business interest (such as for analytics purposes, safety, and security). Consistent with and subject to these requirements, we will try to delete your information quickly upon request.

7. KORNEA COMMUNITY

Our Service may offer publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts and comments to artworks may remain even after you cancel your account. For questions about your Personal Data on our Service, please contact [email protected].

8. EU DATA SUBJECTS

A. Scope

This section applies solely to EU data subjects (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland). Our Privacy Policy describes why and how KORNEA collects, uses and stores your Personal Data, the lawful basis on which your Personal Data is processed, and what your rights and our obligations are in relation to such processing (please see “Your Rights” section below).

B. Data Controller

KORNEA is the data controller for processing of your Personal Data, but we act as a data processor for Personal Data that we process on behalf of our Artists.

C. Your Rights

Subject to applicable EU law, you have the following rights in relation to your Personal Data:

  • Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
  • Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
  • Right to erasure: You may ask us to delete or remove your Personal Data, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly. We may continue processing Personal Data where this is necessary for a legitimate interest in doing so, as described in this Privacy Policy.
  • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
  • Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
  • Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
    • If we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing or
    • If we are processing your Personal Data for direct marketing.
  • Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.
  • Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

You may exercise your rights by contacting us as indicated under “Contacting Us” section below.

D. Legitimate Interest

“Legitimate interests” means our interests in conducting our business, managing and delivering the best Service to you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

9. SECURITY

The security of your information is important to us. We follow generally accepted standards to protect the Personal Data submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.

10. OUR POLICY TOWARD CHILDREN

Our Service is not directed to persons under 13. We do not knowingly collect Personal Data from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Data without their consent, he or she should contact us at [email protected] and we will endeavor to delete it.

11. YOUR 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 customer 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 (e.g., requests made in 2018 will receive information regarding 2017 sharing activities).

To obtain this information, please send an email message to [email protected] with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.

Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

12. CHANGES TO OUR PRIVACY POLICY

This Privacy Policy may change from time to time. If we make a material change to this privacy policy, we will provide you with notice (for example, by email if you have provided your email address to us and your email address is current), and we may provide notice of changes in other circumstances as well. It is therefore important that you register with us and notify us if you change your email address. If you do not provide us with a current email address, you should regularly review this policy to ensure that you are informed of any changes.

13. CONTACTING US

If you have any questions about this Privacy Policy, please contact us at [email protected], or by post at:

KORNEA US

KORNEA Inc.

1049 El Monte Avenue – Suite C#804

Mountain View, CA 94040

USA

Or:

KORNEA France

KORNEA SAS

2, place de Touraine

78000 Versailles

France