Privacy Policy
Kindly Human is a DBA of Listeners On Call, Inc.
Kindly Human (“us” or “we”) is committed to respecting the privacy of users of the Kindly Human mobile application (the “App”) and services (collectively, the “Services”) provided by us through the App and our websites at www.kindlyhuman.com, www.kindlyhuman.io, www.kindlypeers.com (the “Sites”). We (or our subcontractors) host the App to connect users to peers that have entered into an agreement with us. We created this Privacy Policy (“Privacy Policy”) to inform users and peers how we collect, use, store, protect, and disclose the information collected through the Site, the App, and the Services.
BY DOWNLOADING, ACCESSING, OR USING THE SITE, THE APP, OR THE SERVICES, AND/OR BY REGISTERING WITH US OR PROVIDING INFORMATION TO US IN CONNECTION WITH THE SITE, THE APP OR YOUR USE OF THE SERVICES, YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE, THE APP, OR THE SERVICES.
Your use of the Site, the App, and the Services is also subject to our Terms and Conditions of Use.
We may change this Privacy Policy at any time and any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Site or the App. Your use of the Site or the App or the submission of any information in connection with the App or the Services following any change means that you accept the revised Privacy Policy.
1. Personal Information
In order for you to use the Services, we may require you to provide us with information that identifies you as an individual (“Personal Information”). We and applicable third parties may collect Personal Information from you that includes, but is not limited to: (1) your name and your contact data (such as your e-mail address, phone number, billing address, and your App login and password); (2) demographic data (such as your gender, your date of birth, your time zone, your ethnicity, your spirituality, your preferred language, any second language, any military association, and your zip code); and (3) payment information (such as your credit or debit card number or your bank deposit information).
We and applicable third parties may use Personal Information to:
1. Send you administrative information, including information regarding the App and the Services, and changes to our terms, conditions and policies;
2. Update you on special offers related to our Services, and to improve our Services;
3. Personalize your experience on the App by presenting products and offers tailored to you;
4. Further our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the App, improving the Services, identifying usage trends, and determining the effectiveness of our promotional campaigns; and
5. Act as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (d) to enforce our Terms and Conditions of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition so they can take appropriate action; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
Our use of a Peer’s Personal Information may also be subject to certain restrictions set forth in the agreement between us and such Peer.
Your Personal Information may be disclosed to:
Applicable third parties that provide services such as hosting of the App, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services;
A third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and
A third party as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (d) to enforce the Terms and Conditions of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
Our disclosure of a Peer’s Personal Information may also be subject to certain restrictions set forth in the agreement between us and such listener.
2. Non-Personal Information
“Non-Personal Information” is any information that does not reveal your specific identity.
We and applicable third parties may collect Non-Personal Information that includes, but is not limited to: (1) certain information that is collected automatically through your device, such as your operating system name and version, device manufacturer and model, anonymized device identifier, language, the name and version of the software application being used; (2) your IP Address, which is identified and logged automatically in our server log files whenever you use the App, along with the time of the use and the pages visited within the App; (3) with your consent, information about the physical location of your device; and (4) anonymized analytic usage data and error data.
Because Non-Personal Information does not personally identify you, we may use and disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information. If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information for as long as it is so combined.
3. Third Parties
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including the manufacturer of your mobile device, and any other third party mobile application or website to which the App may contain a link.
4. Jurisdiction
We intend to provide the Services to users located in the United States. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your Personal Information is governed by U.S. law. We do not represent or warrant that the Site, the App, or the Services, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction. If you choose to access or use the Site, the App, or the Services from outside the United States, or using a non-U.S. phone number, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. By using the Site, the App, or the Services and submitting any Personal Information from outside the United States, or using a non-U.S. phone number, you acknowledge that the Site, the App, and the Services are subject to United States law and consent to the transfer of your Personal Information to the United States, which may provide a different level of data security than in your country of residence.
5. Security
We use standard security controls to protect Personal Information under our control. Despite these protections, the Internet remains an imperfectly secure environment, and Kindly Human cannot guarantee against all potential security breaches.
6. Use of App and the Services by Minors
We do not knowingly allow individuals under the age 18 to use the App or the Services.
7. Controlling Your Personal Information
As a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. Upon your request, we will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by us.
8. Contacting Us
If you have any questions about this Privacy Policy, please contact us by e-mail at hello@kindlyhuman.com Please note that e-mail communications are not always secure; so please do not include health information, credit card information or other sensitive information in your e-mail messages to us.
Kindly Human is a DBA of Listeners On Call, Inc.
Last Revised: January 2023