Terms and Conditions – KABN Systems North America

Terms and Conditions

Terms & Conditions

  1. Acceptance of Terms

These Terms and Conditions (the “Terms”) form a legal agreement between you and KABN Systems NA Holdings Corp. and its subsidiary, KABN Systems North America Inc., effectively (the “Companies”) .By using the websites, the applications available on the website, its mobile application (the “App”), and services (collectively referred to as “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

  1. Eligibility

You must be of the age of majority or the age of consent in your jurisdiction of residence or older to be eligible to use the Services. By using the Services, you represent and warrant that you (a) are of the age of majority or the age of consent in your jurisdiction of residence or older, (b) have the right, authority and capacity to agree to and abide by these Terms, (c) have not been previously banned or removed from the Services, or participate in any activity that may result in a ban or removal from the Services, and (d) do not have more than one account or an account with any other KABN affiliated company anywhere else in the world.

The Companies may make available the right for you as the User to add a trusted individual to your account who you may choose to grant certain rights and/or powers over your user account.

  1. Access and Use of the Companies Services and Content

Subject to your compliance with these Terms, the Companies grant you a non-exclusive, non-sublicensable, non-transferable license to access and use the Services only for lawful purposes. The site, Services, and all content and other materials available through the Services (“Content”) are proprietary property of the Companies, its licensors, subsidiary, parent or affiliate KABN companies and Liquid Avatar, and are protected by Canadian and international copyright, patent and trademark laws. This license is revocable by the Companies at any time.

You shall not (a) sublicense, sell, resell, transfer, or use commercially any of the Services or Content, (b) distribute or communicate (including by telecommunication), publicly display, or publicly perform any Content, (c) alter or make any derivative uses of the Services, Content or any portion thereof (d) modify, adapt, or hack the Services, or otherwise attempt to gain unauthorized access to the Services or the Companies related systems or networks or that of their KABN affiliated companies (e) use the Services or Content other than for their intended purposes and (f) use any data mining, screen scraping or similar data collection or extraction methods. Any use of the Services or Content other than as explicitly approved herein, without receiving written permission from the Comapnies, is strictly prohibited and will automatically terminate the license granted herein. Nothing in these Terms shall be interpreted as conferring any license or right to any copyright, patent, trademark or other proprietary rights of the Companies or any third party.

  1. Registration and Account Standards

By creating an account with the Companies you agree to (a) give accurate, current, and complete information about yourself, (b) maintain your account information and update it when necessary, (c) keep your password secure and assume all risks of unauthorized access to your account and personal information, and (d) notify the Companies of any suspected breach of security involving your account.

  1. Lawful Basis for Collecting and Processing Data

The Companies must collect, use, store and disclose your personal information in order to provide the Services offered.

To use the Services, the following personal information will be collected:

When you use the Services to register an account with the Companies, we will collect your email address. When you use the Services to verify your identity through the Companies, we will collect information such as ID Documents (passport, driver’s license, ID card, etc…), document type, scan of the document, country, “selfie” photo, account ID, legal name, national ID number, gender, date of birth, mailing address, IP address, user name, blockchain address, email, local storage, user display settings, Google authenticators, audit logs, and device camera. When you use the Services to verify your identity, we may collect information such as Social Insurance Number, credit records, telephone number, IP Address and utility bills.

Personal information requirements may change at any time. The Companies will give you appropriate notice when information shall be updated, or new information will be required to remain in the Companies system. The Companies will obtain consent from you before updating or using new personal information.

The Companies and its affiliated KABN companies will use the personal information collected in order to biometrically-validate your identity and perform Know-Your-Customer (KYC) and Anti-Money Laundering (AML) checks as well as provide other services.

The Companies will disclose personal information collected to KABN affiliated companies and third-party processors in order to perform biometric-validation and KYC and AML checks. The Companies and KABN affiliated companies have contracts with third-party processors that forbid them from using or disclosing personal information except as necessary to execute the contracted services on our behalf or to fulfill legal obligations.

By using the Services, you acknowledge that you have read, understood, and agree that the Companies must collect, use, store and disclose your personal information in order to provide the Services offered.

  1. Individual’s Data Rights

This section addresses how the Companies handle requests pertaining to an individual’s rights as set out in the European Union’s General Data Protection Regulation (GDPR).

You may contact us at support@kabn.network to inquire about your right to view all of the personal data that the Companies have collected about you. Requests to access personal data will be answered within one month of receipt. A representative of the Companies will provide more details during correspondence.

You may contact us at support@kabn.network to request that the Companies update or fix your personal data. Requests to rectify personal information will be answered within one month of receipt. A representative of the Companies will provide more details during correspondence.

You may contact us at support@kabn.network to request that the Companies erase all of your personal data on file. KABN is only able to provide the Services through collection, use, storage, and sharing of your personal data. Without your personal data, the Companies are unable to provide the Services requested. A request for the erasure of personal data equates to a request to be deleted from all the Companies systems. A representative of the Companies will provide more details during correspondence.

You may contact us at support@kabn.network to request that the Companies restrict the processing of your personal data. Requests to restrict processing will be answered within one month. A representative of the Companies will provide more details during correspondence.

You may contact us at support@kabn.network to request that the Companies export all of your personal data on file. Personal data will be exported in a commonly used format. Requests to export data will be answered within one month. A representative of the Companies will provide more details during correspondence.

  1. California Consumer Protection Act of 2018.

This section of the privacy policy and notice for California residents applies solely to visitors, users, and individuals, who reside in the State of California (“consumers” or “you”).

We have adopted this notice to comply with the California Consumer Privacy Act of 2018 (CCPA).

The terms “business,” “business purpose”, “personal information”, “processing”, and “service provider” have the meanings giving to them in the CCPA.

KABN Systems NA Holdings Corp. and its subsidiary, KABN Systems North America Inc ., its affiliates, subsidiaries, licenses and Liquid Avatar, (collectively “the Companies”, “we” or “us”) may collect and use consumer personal information for its commercial and business purposes and related operational purposes. With respect to these activities, the Companies may have direct responsibilities as a business subject to the CCPA. For example, for certain activities related to direct interaction with consumers who have a direct relationship with the Companies, interacting with prospective/current clients, marketing, website/web application use, engaging vendors, and interacting with visitors/users of our websites. In these cases, this privacy policy is applicable.

The Companies also collect information in its capacity as a service provider to our clients, providing ID verifications, KYC/AML (“Know Your Customer” and “Anti-Money Laundering”) services and other related financial services. In that case, the Companies receive personal information directly from individual customers and in some cases, from our clients where we have no direct relationship with the individuals whose personal information we process, and information is provided to us solely for the business purpose of providing those services.

Categories of Personal Information We Collect

The specific personal information that we collect, use, and disclose relating to a California resident covered by the CCPA will vary based on the level of ID verification processed, however, the Companies never sell or disclose your personal information to third parties except to provide specific services to you.  The Companies may disclose your information to third party service providers that perform services on our behalf, such as web-hosting companies, analytics providers and information technology providers. The Companies entrusts personal information to the following types of service providers:

  • Providers of IT and related services
  • Customer service activities
  • Fraud prevention
  • Providers of services you have requested

The Companies have contracts with service providers that forbid them from using or disclosing personal information except as necessary to execute the contracted services on the our behalf or to fulfil legal obligations.

In the past 12 months, we have collected and used for business purposes, personal information relating to California residents covered by this policy which may include: Category

Examples May Include

Identifiers Name, alias, postal address, unique personal identifier, online identifier, internet protocol address (IP Address), email
address, account name, social security number, driver’s license number, passport number, or other similar identifiers
Personal Information categories described in California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information
Protected classification characteristics under California or federal law Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information
Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet/network activity Browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement
Geolocation data Physical location or movements.
Professional or employment-related information Current or past job history
Non-public education information (per the Family Educational Rights and Privacy Act Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student financial information
Inferences drawn from other Inferences drawn to create a profile about a consumer
personal information. reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

 

Sources of Personal Information We Collect

  • Information directly from you, the consumer, that you choose to provide, when you interact with us, for example, when you register for ID verification.
  • Information we automatically collect when you interact with our websites, content or emails such as your IP address and the pages you visited, and when you use our services, we may collect information on how you use those services. Please see our Section 6 of this Policy for information our use of Cookies additional information.
  • Information provided by our clients in order for us to provide specific services as a service provider, or information from third parties, acquired at the direction of our clients in order to provide the services.
  • Information from other sources, including service providers or publicly available sources.

Business Purposes

We collect personal information to offer and administer our services and products. These include:

  • To provide the products or perform services for our clients pursuant to a written agreement, including contacting you in the course of our ordinary commercial relationship, verifying client information, or similar activities as needed to provide services for or on behalf of our clients.
  • For marketing purposes. For example, we may use your information to further discuss your interest in our services and to send you information regarding KABN KASH and other such services and opportunities. You may opt-out of receiving marketing communications and updates at any time.
  • To improve our communications with you. Emails sent to you by the Companies may include standard tracking, including open and click activities. The Companies may collect information about your activity as you interact with our email messages and related content in order to verify or maintain the quality of our communications, or improve, upgrade, or enhance the services we provide.
  • For operating and improving our websites/web applications and your customer experience, including debugging to identify and repair errors that impair existing intended functionality or to verify or maintain the quality of our websites, and to improve, upgrade or enhance the website services. For example, we may collect and analyze data on your use of our websites and process it for the purpose of improving online user experience. Please see our Terms of Use Policy for additional information.
  • For security purposes, including detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity.
  • For other business purposes, which will be disclosed at the time we collect personal information.

Disclosure/Sharing of Personal Data

In the preceding 12 months, we have not sold any personal information.

We share personal information for business purposes with the following categories of third parties:

  • Our affiliates, as needed to operate our business and provide services.
  • Service providers, such as vendors, consultants and other service providers who perform certain services on behalf of the Companies, in which case we enter into a contract that describes the purpose of processing and requires the recipient to not use it for any purpose except performing the contract.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

Your Rights

Subject to the CCPA and other applicable laws, you have the following rights concerning your data processed by the Companies:

  • Access: You have the right to request to access the personal information that the Companies hold about you, including categories of information collected, categories of sources from which the information is collected, our business purpose for collecting information, and categories of third parties with whom we share your information.
  • Deletion: You can request that the Companies erase your personal data. However erasing your personal data will not allow us to further interact with you as a customer.
  • Non-discrimination: The Companies will not discriminate against a consumer because the consumer exercised any of the consumer’s rights under the CCPA.

 

  1. User Rules of Behaviour

As a condition of use of the Services, you unconditionally agree to abide by these User Rules of Behaviour and not use the Services for any purpose that is prohibited. You shall not:

  • Take action that is unlawful, threatening, harassing, deceptive, fraudulent, invasive of another’s privacy, or is otherwise inappropriate as determined by the Companies in their sole discretion
  • Provide false or misleading information
  • Use or endeavour to use another user’s account
  • Impersonate any person or entity
  • Harvest, data mine or attempt to collect any personal information about others, including email
  • Use services for the purposes of infringing on privacy rights, property rights or any other kind of rights of any person, company, or institution
  • Use the Services for any commercial purposes including, but not limited to, advertising, distribution, promotion including chain letters, junk email or repetitive message to anyone
  • Distribute, promote or otherwise publish any kind of malicious code, viruses of any kind, or any other item or communication that may cause harm to the Services, the Company or to another user’s system in any way
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, or any part of the Services
  • Attempt to circumvent any content-filtering techniques the Company employs or attempt to access any feature or area of the Services that you are not authorized to access
  • Use any sort of automated means or interface not authorized to access the Services, extract data or otherwise interfere with or modify the rendering of site pages or functionality
  1. Disclaimer of Warranties

YOUR USE OF THE COMAPNIES SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE COMPANIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. YOU ACKNOWLEDGE THAT THE COMPANIES  DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE) SHALL THE COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS, LOSS OF REVENUE, LOSS OF DATA OR CONTENT, DAMAGES FOR BUSINESS INTERRUPTION, OR LOSS OR DECREASE IN VALUE OF ASSETS OR SECURITIES ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE COMPANIES APP OR SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SERVICES.

THE LIMITATION ON THE LIABILITY ABOVE SHALL APPLY WHETHER OR NOT THE COMPANIES HAVE OR HAD BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN ANY EVENT, UNDER NO CIRCUMSTANCE SHALL THE COMPANIES BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU OR ANY THIRD PARTY THAT EXCEEDS THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANIES IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitation may not apply to you. IN THESE JURISDICTIONS, THE COMPANIES LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. Indemnification

Your use of the Services constitutes your express agreement to indemnify, defend and hold harmless the Companies, its subsidiaries, affiliates, parent, license and Liquid Avatar as well as their officers, directors, employees, owners, agents, information providers, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, complaints, demands, actions, suits and proceedings by any person, including any regulatory authority (each a “third party claim/proceeding”) and all resulting liabilities and obligations (including damages, administrative monetary penalties, financial sanctions, settlement payments, expenses and costs, including lawyer’s fees) arising from, connected with or relating to any of the following: (a) the use by or on behalf of you of the Companies Services; or (b) any negligence, misconduct or breach of this Agreement, or any actual or alleged violation of any applicable law or infringement of any rights, by or on behalf of you or any other person for whom you are responsible under this agreement or at law. The Companies retain the right to participate (with counsel of their own selection at their sole cost and expense) in the defense of, and settlement negotiations relating to, any third party claim/proceeding.

  1. Modification of the Terms

The Companies reserve the right, at any time, to make changes or modifications to these Terms. Such changes will become effective upon its publication on the website. If you continue to use the Services after the date which it has been changed and published, the continued use shall be deemed to constitute acceptance of any such changes. You agree to review these Terms periodically to be aware of any such revisions.

  1. Third Party Services

The Companies will never sell, rent, distribute or disclose any of your personal information to any Third Parties. From time to time, thwe may provide you with email, access or other communications to and about third-party websites, services, promotions, events networks, software, databases, applications, products, systems, servers, or services (collectively referred to as “Third Party Services”) that may be of interest to you. The Companies have no control over Third Party Services, and the Company makes no representations or warranties of any kind concerning such Third Party Services, including, without limitation, concerning its completeness and accuracy.

You acknowledge and agree that your interactions with Third Party Services are solely between you and such third parties. The Companies are not responsible or liable in any matter for such interactions.

You may opt-out of receiving these communications by following the unsubscribe instructions in any of our emails or by contacting us at support@kabn.network

  1. Dispute Resolution

If a dispute arises out of, or in connection with these Terms, you and the Companies agree to submit those issues in dispute to binding arbitration pursuant to the Arbitration Act (Ontario). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.

  1. Governing Law

These Terms and Conditions shall be governed by the laws of the Province of Ontario, Canada without regard to its conflicts of law principles. You hereby agree that any and all disputes and causes of action arising out of or connected with the Services shall be governed by the substantive laws of the Province of Ontario, Canada.

  1. Severability

If any term, clause or provision in these Terms is held invalid or unenforceable, then it will be severable from these terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision or any other term, clause or provision contained in these terms.

  1. Termination

These Terms and Conditions are effective unless and until terminated by either you or the Company. You may terminate these Terms at any time by providing 30 days written notice. The Companies reserve the right, in its sole discretion and without notice, to terminate or suspend your right to use the  Services, at any time and for any or no reason. You acknowledge and agree that the Companies shall have no liability or obligation to you in such event.

  1. Privacy Policy

Please refer to our Privacy Policy to understand how the Companies collect, use and disclose user information

  1. Entire Agreement

These Terms constitute the entire agreement between you and the Companies with respect to your access and use of the Services. These Terms or any rights and licenses granted in them, may not be transferred or assigned by you without the prior written consent of the Companies. Any failure on our part to exercise or enforce any part of these Terms shall not constitute a waiver of any portion of these Terms and the Companies reserve the right to enforce any part of these Terms at any time.