AKWAI PRIVACY POLICY
INTRODUCTION
The information and policies collectively provided on this page (the “Privacy Policy”) describe how Twowks LLC (“AKWAI”, "We", "Us", “Its”, or "Our") uses the information collected on Our websites, www.twowks.com and www.akwai.com (the "Site"), and on Our mobile application (together with the Site, the “Services”) related to the people who use the Services (“User” or “Users”). It also describes the choices you have regarding the use of that information and how you can access and update that information. This Privacy Policy applies only to information collected by our Services and not to any other AKWAI services that have their own privacy policies.
Any capitalized terms not defined herein will be as defined in our Terms of Service.
1. YOUR ACCEPTANCE
We will maintain your information that we collect through our Services as described in this Privacy Policy. By using our Site or Services, you signify that you have read and accepted this Privacy Policy. If you do not agree to any part or section of this Privacy Policy, please do not use our Services.
2. INFORMATION WE COLLECT
Interaction with the Services requires some information from you, in one way or another. AKWAI limits the collection of information from Users to that which is reasonably necessary to provide and improve our Services. We collect the following information:
(A) Personal Information:
Personal information, including without limitation, your Username, first and last name, date of birth, age, phone number, email address, hometown, physical address, zip code, phone number, password, social media credentials, gender, geographic location, and any other voluntary personal information, such as occupation, religion, race, height, weight, or family status (collectively, "Personally Identifiable Information").
Some Personally Identifiable Information is required in order to use the Services and create an Account and some is optional. AKWAI may give Users the option to provide more Personally Identifiable Information than is listed in this Privacy Policy. If AKWAI gives Users such option, AKWAI will also collect such additional Personally Identifiable Information, when provided by the User. AKWAI only collects personal information that Users input voluntarily and knowingly. If the User is a child, then a parent or legal guardian’s Personally Identifiable Information may also be collected. AKWAI only collects Personally Identifiable Information that Users input.
If you use the Services to send an invitation to a User or non-User to join your Accountability Chain, you must provide some Personally Identifiable Information of that person. AKWAI will collect and use that information for the limited purpose of sending the invitation you requested to that person, and retain that information in accordance to this Privacy Policy.
(B) Information from Use:
All information voluntarily submitted through or during the use of Our Services, such as User Content and other inputs; wellness and nutrition information, such as height and weight; academic information, such as grades and scores; any other information related to your goals and steps to achieve them, such as your progress or your aggregate success rates in achieving your goals and staying on track (your “AKWAI Score”); messages, feedback, reviews, ratings, opinions, or other information you send through the Services, such as by completing surveys or when contacting us; and information you provide, share, or post to other Users, or voluntarily make public, by using the Services.
(C) No Personal Medical Records:
Any goals or habits that are chosen by a User that are related to the User’s personal health are chosen at the User’s sole risk and discretion. You are not required to identify goals or habits that are related to your health as a condition of your use of the Services, nor will you ever be asked to disclose actual medical records as part of your use of the Services.
(D) No Personal Educational Records:
Any goals or habits that are related to User’s personal academics are chosen at the User’s sole risk and discretion. You are not required to identify goals or habits that are related to your academics as a condition of your use of the Services, nor will you ever be asked to disclose actual education records as part of your use of our Services.
(E) Aggregate, Anonymous, and Analytic Information:
Usage and viewing data, such as how often users access the Services, traffic statistics, number of clicks, general usage patterns, page views, page activity, method of access, the date and time of each visit or use, technical data, including your device identifier, Internet service provider, referring/exit pages, operating system, platform type, browser type, Internet Protocol addresses, cookies, log-file information, and aggregate and analytics information and statistics, files accessed through our Services, responses sent to the browser, the referring site, domain names, landing pages, the length of data sent to the browser, and other data used in the communication between the browser and our Services , and any other information that is collected passively, without Users’ direct input, when visitors visit the Site and Users use the Services (collectively, "Anonymous Information").
This Anonymous Information is automatically reported by your browser or mobile device to the Services each time you access the Services and our servers automatically record this information. AKWAI may link Anonymous information to other information we collect about you.
(F) Mobile Device Identifiers:
Information from mobile application Users who have installed the AKWAI application on mobile devices and other handheld products, such as smart-phones or tablets, including Anonymous Information concerning your device, such as the specific type of operating system, hardware you have, and the amount of free and total memory, information about your usage of the Service, such as the dates you last synced with the internet, the dates you last used certain features, how often you use the application, the events that occur within the application, performance data, and where the application was downloaded from, information concerning synchronization and the Services’ files on your device, and any other entries made on the Services by or through your mobile device.
We may access, collect, monitor, or remotely store one or more device identifiers, such as a universally unique identifier, which uniquely identify your mobile device. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.
(G) Research and Other Statistics:
Data regarding Users’ demographics, interests, and behavior, based on information provided to us, used for internal research purposes and science. This research may be compiled and analyzed on an aggregate basis. If so, it will be anonymized such that it cannot identify you personally.
(H) Unsolicited Information:
Information provided by Users that subjectively relate, as determined by AKWAI, more to AKWAI’s business or the Services, as a product, than to the User’s personal use of the Services, such as business recommendations, ideas for new products, modifications to existing products, unsolicited creative work, potential trademarks, coding recommendations, or other business model, marketing, or production-related information, that was not solicited by AKWAI (collectively, "Unsolicited Information"), will be collected and stored by AKWAI’s or AKWAI’s service providers’ computer servers in the same manner as other information collected by AKWAI. You agree that AKWAI may deem all Unsolicited Information as non-confidential and that AKWAI is free to accept, decline, reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution upon AKWAI’s sole discretion. You agree that the collection of Unsolicited Information by AKWAI does not, in any way, constitute an acceptance to be bound by any contractual, legal, financial, or other obligation between you and AKWAI, absent an express prior written agreement between you and AKWAI that would establish any such obligation.
(I) Third Party Information:
Information from other sources, such as from third party analytics that AKWAI use to supplement the other information we collect, and information about you from third parties, such as Facebook, that you authorize to share information with us, such as by linking your Facebook account to the Services.
You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the AKWAI Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service.
(J) No Phishing:
We do not and will not, at any time, collect your credit card information, your Username, password, or national identification numbers in a non-secure or unsolicited email or telephone communication (also known as “phishing”). Identity theft and phishing are of great concern to us.
3. HOW INFORMATION IS USED
AKWAI believes that the privacy of its Users is paramount and strives to use their data only in ways consistent with this Privacy Policy. In accordance with applicable law, we may use your information for the following purposes:
(A) Provide the Service:
To operate, maintain, and provide you with our Services and manage accounts; to develop and customize content and the mobile experience; and to optimize and improve our Services, its features, and its functionality.
(B) Communicate with You:
To communicate with about the Services, such as for account verification, purchase and billing confirmations and reminders, changes to the Services, or technical and security notices; to send you emails containing promotions, special offers, or updates about features of our Services; to notify a parent or guardian about our Privacy Policy; to disclose information in accordance with this Privacy Policy and Terms of Use; to provide notifications about the Services, such as amendments to the Privacy Policy or the Terms of Use; to provide any other important information or to respond to a User submitted inquiry.
(C) Research:
To learn more about our Users and what they like or dislike; to research the science of achieving goals; to learn about the performance of our Service on certain technology; or to promote AKWAI or the Service to advertisers, business partners, sponsors, or other third parties.
(D) Internal Purposes:
To smooth software connections and the information sharing process between software; to remember information so that you will not have to re-enter it during your visit or the next time you visit the site, such as your username and password; to diagnose or fix technology problems; to help you efficiently access your information after you sign in; and to automatically update the Services on your mobile devices.
AKWAI uses Users’ Internet Protocol addresses to ensure the accuracy of our network data and for system administration purposes, including tracking a web session so that we know when, how often and what web-pages of our Site are visited. We may use Internet Protocol addresses to identify a User when we feel it is necessary to enforce compliance with our rules or Terms of Service or to protect the Services, site, customers, or others.
AKWAI uses cookies to provide additional functionality to the Services. Cookies are short pieces of information used by web browsers to identify and remember your browser and other information about your use of the Site and cannot damage User files, nor can they read information from a User's hard drive. Personal information cannot be collected via cookies and other tracking technology.
(E) Legal Obligations:
To obey the law, defend AKWAI in the event of a dispute, or to detect, investigate, and prevent any activities that may violate our Terms of Service. AKWAI may be required to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, and such responses may require disclosure of information to the government, law enforcement officials, or private parties. We may also share your information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.
4. WHO INFORMATION IS SHARED WITH
AKWAI may share your Personally Identifiable Information and Anonymous Information with others that AKWAI trusts and has authorized to access your information. In accordance with applicable law, we may share such information with the following:
(A) Independent Contractors:
Service providers whom AKWAI may engage to perform various functions, independent contractor work, or provide other services or additional features for us, such as web hosting, application development, maintenance, data collection, mailing information, maintaining databases, or processing payments. When we employ another to perform functions such as these, their access to your information, including your Personally Identifiable Information, may be necessary to perform such functions and provide such services. AKWAI will provide the service provider with such necessary information; however, AKWAI provides them with only the information that they need to perform their specific function.
(B) Advertisers:
Advertisers and other third parties that may provide Users with targeted and useful contextual advertisements or related services. AKWAI limits access to information for advertisers to Anonymous Information, such as cookies. AKWAI’s Privacy Policy solely governs the use of information and cookies set by the Services and not by any third-party advertising partners.
(C) Partners and Affiliates:
Our subsidiaries, affiliates, business partners, or any person or entity that directly or indirectly controls, is controlled by, or is under common control with AKWAI, whether by ownership or otherwise, and any and all of their respective agents and representatives, such as owners, directors, officers, and other stakeholders and principals (collectively, “Affiliates”). AKWAI’s Affiliates that own or have rights of access or use to the servers that store the information AKWAI collects have access to your information, including your Personally Identifiable Information, in the same extent as AKWAI, and pursuant to this Privacy Policy. Sharing and disclosing Anonymous information with Affiliates may be necessary in the event that AKWAI is merged, acquired, sold, or some of its assets are acquired.
In the event of a corporate sale, merger, reorganization, dissolution or similar event, your Personally Identifiable Information, itself, may be part of the transferred assets. If any or all of our assets are acquired by, or merged with, another entity, some or all of your information will be shared with that entity. The collection and use of your information will then be under the terms of that entity’s privacy policy, not AKWAI.
(D) Law Enforcement:
Your Personally Identifiably Information may be disclosed to law enforcement officers and government officials or authorized officers of a court as described above. Your Anonymous Information may be included by AKWAI and linked with your Personally Identifiable Information, when providing such information, in such circumstances as described above.
(E) Your Accountability Partners:
The Users or non-Users that you have invited to be a part of your Accountability Chain and who have accepted such invitation (your “Accountability Partners”), such as your friends, family, teachers, classmates, teammates, coaches, peers, or mentors. By sending a prospective Accountability Partner an invitation through the Services, you authorize AKWAI to share some Personally Identifiable Information with that Accountability Partner, upon their acceptance of your invitation and their registration of an Account with the Services.
While using the Services, your Accountability Partners may be notified by the Services when you take or fail to take steps in achieving your goals or do or do not achieve your goals. The Services may automatically send some Personally Identifiable Information and your progress to your Accountability Partners via the Services or email, upon certain triggers, such as when your update your goal progression log to indicate that you have completed a goal. In addition, your Accountability Partners may have voluntary access to view your Profile, success, and progress in achieving your goals, such as your templates and AKWAI Score, at any time, and to view any other information or Personally Identifiable Information you send them via the Services or through other means.
(F) Others You Share Information With:
The general public, online public, or any other visitor, User, or third party whom has access to, visible sight of, or with whom you have voluntarily disclosed information, including Personally Identifiable Information, to, whether known or unknown, either directly, such as in a message or email through the Services, or indirectly, such as by posting on public areas of our Services or any other public area, which may be viewed and accessed by others. If you post Personally Identifiable Information that is accessible to the general public online, you do so at your own risk.
If you have linked your Account to your account with a social media, networking, or other third party service provider, such as Facebook, then you authorize AKWAI to share certain pieces of your Personally Identifiable Information with such third party, by virtue of linking the accounts. Using a “share” or similar feature of a third party service provider to share information of any kind authorizes AKWAI to share such information or otherwise make such information available in such instance. Any and all other information you transmit, link, or share between the sites shall also cause such information to be shared.
5. HOW INFORMATION IS HANDLED
(A) Storage and Processing:
Information collected through the Services or passed through AKWAI is primarily handled in the United States but may be stored or processed in any other country in which AKWAI, its Affiliates, or service providers maintain facilities. AKWAI may transfer information that we collect about you, including Personally Identifiable Information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
By using the Services, you agree that the handling of your personal information and any communication through the Services will be governed by the laws of the United States and any applicable state laws. You also consent to the transfer of information to any other country in which AKWAI, Its Affiliates, or service providers maintain facilities.
(B) Security Measures:
AKWAI places the utmost importance on the safety and security of the information AKWAI collects. AKWAI takes commercially reasonable safeguards, such as information encryption, providing secure transmission of your information across servers, and requiring you to verify your identity before granting you access to your account, such as by requiring the use of a unique password, to preserve and protect the integrity of information collected through the Service, from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You are responsible for maintaining the secrecy of your password and account information, and for controlling access to your email communications from AKWAI at all times. AKWAI is not responsible for the protection or privacy of any information you reveal or post publicly or to other Users of the Services, or for the privacy practices of websites that are operated or owned by third parties.
(C) Compromise of Information:
No data transmission, internet connection, email transmission, or security measure is perfect or ever one hundred percent secure or error free; there is always a possibility that a security breach could occur and result in the unintended access or destruction of information. AKWAI disclaims any ability to provide the absolute security of any information you transmit to AKWAI or through the Services, and does not warrant that any information on the Services may not be accessed, disclosed, altered, or destroyed.
In the event that any information under AKWAI’s control is compromised as a result of a breach of security, AKWAI will take reasonable steps to investigate the compromise and, where appropriate, notify those individuals whose information may have been compromised and take any other steps required, in accordance with any applicable laws and regulations.
6. HOW YOU CAN CONTROL YOUR INFORMATION
As a User of Our Services or visitor to Our Site, you have options regarding your information. Visitors to the Site can access the Site without providing Personally Identifiable Information, but some Anonymous Information will be collected. However, choosing not to provide Personally Identifiable Information will restrict you from registering for an Account. Users with Accounts have the following options regarding their information:
(A) Update and Manage Your Information:
You may access and modify the Personally Identifiable Information you provide. AKWAI encourages you to keep your Personally Identifiable Information accurate, current, and complete. You can update, correct, or modify your account information on the Service at any time by logging into your account and changing your information and profile settings or by emailing privacy@akwai.com.
Such updates, corrections, changes, and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change, or deletion.
If you have any questions about reviewing or modifying your account information, or further assistance, questions regarding this Privacy Policy, or for a copy of your Account data you can contact us directly at info@akwai.com.
(B) Unsubscribe:
You can choose to stop receiving promotional communications or notifications from AKWAI for any reason by emailing unsubscribe@akwai.com to unsubscribe from receiving those communications. We make every effort to promptly process all unsubscribe requests. However, unsubscribing does not apply to communications that relate to our Services information, such as changes or updates to features of the Service and technical and security notices, Terms of Service or Privacy Policy, such as changes or updates to these, your Account, such as account verification, your purchases, such as purchase and billing confirmations and reminders, or that are automatically generated by the system, such as registration confirmation emails.
(C) Opt-Out:
You can opt-out of cookies by disabling them on your computer or mobile device through the settings, preferences, or options menus usually provided by your Internet browser. If you disable cookies, you may still use the Services; however, disabling cookies or other tracking tools may prevent AKWAI from providing the conveniences described above related to cookies and may disable or make inaccessible many of the features and functionalities of the Services. AKWAI recommends that you leave cookies turned on. Regarding cookies on mobile devices, it may not be possible to delete or disable tracking mechanisms on your mobile device.
(D) Cancel your Account:
AKWAI will retain your information for as long as your Account is active or as needed to provide you with the Services. You can delete your information or cancel Account at any time or by emailing cancelaccount@akwai.com. It is not technologically possible to remove each and every record of the information collected on AKWAI’s or AKWAI’s service provider’s servers. Some information needed to back-up systems and to protect information from inadvertent loss may exist in a non-erasable form that can be difficult or impossible to locate. If you cancel your account or request deletion, AKWAI will take reasonable measures to delete and make inaccessible your account information.
Following termination or deactivation of your account, AKWAI may retain your information and content for a commercially reasonable time for backup, archival, or audit purposes. Any User content that was distributed to third party sites or services will be governed by their respective terms of service or privacy policies.
7. POLICY FOR MINORS
AKWAI wants to help all people achieve their goals, from young to old, and believes Its Service has the potential to benefit most ages. The Service is for anyone who wants to increase their chances of accomplishing a goal and who is willing to do so according to AKWAI’s Terms of Service and this Privacy Policy. As such, the Service may be used by the following persons:
(A) Minors Under 13 Years Old:
Minor children who are under 13 years old (each individually a “Child” and collectively “Children”) may use the Service. The Children’s Online Privacy Protection Act (COPPA) requires that AKWAI collect and handle information appropriately for Children. In addition to all the policies provided in this Privacy Policy, AKWAI complies with all COPPA requirements.
The following is a direct notice to parents; please read carefully before allowing your Child to use the Service:
(i) The parent or legal guardian of the Child (the “Parent”) must sign the printed consent form provided to the Child before their Child can use the Services.
(ii) The Parent must read, understand, and accept our Privacy Policy before their Child can use the Services.
(iii) The Parent must create the Child’s Account on behalf of their Child.
(iv) The Parent must also acknowledge the following before their Child can use the Services:
(a) When registering for an Account, AKWAI will ask for Personally Identifiable Information regarding your Child, as explained in this Privacy Policy.
(b) When a Child uses the Services, responds to a survey, fills out a form, provides User inputs or User content in any way, or uses any of the features on the Services, AKWAI collects information regarding that Child, as explained in this Privacy Policy.
(c) The confidentiality, security, and integrity of information collected of your Child will be maintained in accordance to this Privacy Policy. Information collected from your Child is retained only for as long as is necessary to fulfill the purpose for which it was collected.
(d) Information collected from your Child may be disclosed to third parties, as explained in this Privacy Policy. Such disclosure is integral to the Service and its operation. AKWAI takes reasonable steps to disclose such information only to parties capable of maintaining its confidentiality and security, in accordance to this Privacy Policy.
(e) If a Parent does not want information to be collected or to be collected information to be disclosed as such, then Parents should not create an Account for their Child and not Use the Services.
(viii) The Parent can access their Child’s information that has been collected by logging into the Child’s Account with the Child’s username and password or by emailing privacy@akwai.com.
(ix) The Parent may request AKWAI to stop collecting their Child’s information at any time by emailing privacy@akwai.com. Upon such request, AKWAI will stop collecting information, delete all prior collected information as soon as possible using reasonable measures in deletion to protect against unauthorized access or use and request, as provided in this Privacy Policy, and request the Child and Parent stop using the Service immediately.
We recommend that parents and legal guardians monitor their Children's internet usage and help enforce this Privacy Policy, by instructing their Children to use the Service according to Our Terms of Service and Privacy Policy and by instructing their Children to never provide information without their consent.
(B) Minors, 13 to 17 Years Old:
Minors who are between 13 to 17 years of age (“Teens”) also may use the Services, after first obtaining consent from their parent or legal guardian before using the Services or visiting the Site. If a parent or legal guardian becomes aware that his or her Teen has used the Services, visited the Site, or provided Personally Identifiable Information without their consent, such parent or legal guardian should contact us at privacy@akwai.com.
As mentioned above, we encourage parents and legal guardians to monitor their Teen’s internet usage and help enforce our Privacy Policy, by instructing their Teens to use the Services according to Our Terms of Service and Privacy Policy and by instructing their Teens to never provide information without their consent.
(C) Accountability Partners:
All Children and Teen Users must obtain consent from their parents or legal guardians before sending an invitation to a prospective Accountability Partner, so that the Parent can approve of the prospective Accountability Partner.
Any and all phone or in person meetings that may be scheduled between Child or Teen Users and Accountability Partners must first be approved by the Child or Teen’s parent or legal guardian.
A parent or legal guardian must be present during any and all phone or in person communications with a Child or Teen User and Accountability Partners.
I, the parent or legal guardian of the Child or Teen, herby give my consent for their participation in AKWAI’s online mentorship program.
8. CONTACTING AKWAI
If you have any questions, comments, concerns, or suggestions about our Privacy Policy, information practices, or Service, please contact us any time at info@akwai.com.
9. OTHER TERMS AND CONDITIONS
Your access to and use of the Services is subject to our Terms of Service, which is hereby incorporated by reference as if fully set forth herein. This Privacy Policy is an integral part of our Services and cannot, in any way, be separated from the Terms of Service posted on our Services, the usage, or the transaction process. This Privacy Policy does not apply to any other AKWAI service that contains a separate privacy policy.
10. CHANGES TO THIS POLICY
AKWAI may modify or update this Privacy Policy from time to time for any reason, at any time, without prior notice, and in AKWAI’s sole discretion. Any changes will automatically apply to all Users of our Services and to the collection and use of all information, as of such effective date (until this Privacy Policy is subsequently modified). If a subsequent Privacy Policy contains material changes from its prior version, AKWAI will make every reasonable effort, including an email notification to all Users or prompt within the Service upon logging-in, to notify the User that the Privacy Policy has been updated, that it contains material changes, and that it should be reviewed by the User. AKWAI will make every reasonable effort to distinguish such material changes to the User in such notification.
The revised policy will include a revised "last modified" date and AKWAI will notify you of any material changes. AKWAI encourages visitors to frequently check this page for any changes to the Privacy Policy, prior to submitting any Personally Identifiable Information or using our Services. Your continued use of the Service after any changes or revisions to this Privacy Policy will indicate your agreement with the terms of such revised Privacy Policy.
This privacy policy was last modified on June 27, 2018.
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