Privacy Policy

This privacy notice (the "Privacy Notice") together with the Terms of Use constitutes an agreement between you and Kiwi Labs, LLC and its affiliates (collectively "Kiwi", "us", "our," or "we") while accessing and using our website located at https://joinkiwi.app, other websites we own or operate, and/or Kiwi's mobile applications (collectively, the "Site"). This Privacy Notice describes how Kiwi collects, protects, uses, and discloses information and data collected and created in the course of your access to and use of the Kiwi website, products, and services, as well as your interactions with Kiwi via telephone, electronic or other means (collectively, and together with the Site, the "Services"), and is governed by our Terms of Use.

Your privacy is important, and we encourage you to read this Privacy Notice carefully to understand the information we collect and what we do with it.

Consent. By accessing the Site, registering with Kiwi, creating a user profile on our Site, or submitting information to Kiwi, you consent to this Privacy Notice and the collection and use of information as described below. We will take steps to notify you and confirm that you agree at different stages of collecting information. If you do not agree with our policies and practices, you may not be able to access or benefit from certain portions of the Site.

Scope. Please be advised that this Privacy Notice applies to information that we collect when you visit the Site or use our Services, when you submit your information to us on the Site or our Services, when you communicate with us through email and other means, via third parties that we work with to provide our Services, or by any other means over the course of your use of our Services.

For purposes of this Privacy Notice:

"Content" means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, executable files, recipes, workouts, likes, activities, maps, routes, nutritional information and data, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.

Personal Information. As used in this Privacy Notice, "Personal Information" means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer, account or device, such as:

• Identifiers (e.g., name, address, telephone number, email address, username);
• Sensitive Personal Information (e.g. state identification number, financial information);
• Protected classification information (e.g. age, citizenship, sex, veteran or military status);
• Nutrition and personal health related information (e.g. height, weight, nutrition, diet, exercise, health conditions, and targets);
• Connections (e.g. apps, devices, and friends connected to your account);
• Biometric information (e.g. keystrokes, behavioral or biological characteristics);
• Internet or other similar activity (e.g. browsing history);
• Employment-related information (e.g. current or past employment); and
• Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99).
• Commercial information (e.g. products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies).

Non Personal Information. As used in this Privacy Notice, "Non-Personal Information" means information that does not identify you and cannot be used to contact you personally and may include: (a) certain publicly available information; (b) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; (c) deidentified information that cannot be easily linked back to the individual; or (d) on an aggregated and anonymous basis, your diary entries, health data, recipes, targets and profile.

Lawful Basis. We will only collect your Personal Information (a) when applicable, with your consent; or (b) as authorized or required by law. We will limit the collection of Personal Information to that which is reasonable. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as needed.

HOW WE COLLECT & USE YOUR PERSONAL INFORMATION

The Personal Information we collect about you and how we use the Personal Information we collect depends on the context of your interactions with Kiwi, the Site, and our Services.

Information We Collect Directly From You, With Your Consent

We collect Personal Information directly from you with your consent when you leave a comment or use other interactive features on the Site or communicate with us online or by other means. If you leave a comment on the Site, we collect your email address and IP address to confirm that the comment originated from a Site user and not from a bot or other automated spam generator.

If you access or submit an inquiry through our Site, subscribe to a service, register to receive marketing materials, participate in contests, sweepstakes or promotions, or receive other Services, we may ask you to provide certain personal information such as your name, email address, phone number and zip code, and possibly other Personal Information. We take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable.

We use your Personal Information to communicate with you about Kiwi and our Services and for direct marketing purposes, such as:

• Sending you periodic email and newsletter communications;
• Responding to your inquiries;
• Sending you surveys and other quality assurance communications;
• Analyzing preferences, trends, and statistics;
• Informing you of our new products, services, and offers; and
• Providing you with other marketing information from and about Kiwi.

We will only contact you in ways compatible with your communications choices. However, even if you have opted out of receiving marketing communications from us, we may need to contact you to address questions or issues specific to the services you have requested.

We may periodically supplement the Personal Information we collect from you with personal or non-personal information about you or another person obtained from companies with whom we have marketing or other business relationships and other third-party sources. Any aggregate information that is linked or linkable to your Personal Information will be treated as Personal Information under this Privacy Notice.

Currently, Kiwi or our third-party service providers retain and store information collected by, or provided to, us in the cloud and on secure servers located in the United States. As Kiwi and some of our third-party service providers may retain and store information received from users (including Personal Information) under the laws of those jurisdictions, in certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in those jurisdictions may be entitled to access users' information.

Payment Information

Kiwi does not collect or maintain any payment information. If you choose to subscribe to our Site and/or Services, our current payment processor will collect your financial information to facilitate the transaction. We partner with third-party service providers and vendors to provide access to existing payment gateways and your credit card, banking and other billing information will be stored only with our payment processor, not with Kiwi. You will be given information regarding our current payment processor, including access to their privacy policy and terms, when you authorize a transaction through the Site.

Information Collected From Your Use of the Site, With a Legitimate Interest

We use analytics tools or other technologies to collect information about you from your use of this Site. We collect this information to achieve our legitimate interests of operating the Site and our Services, as well as marketing our Services to a broader audience. This information may be combined with other information that you choose to submit to us. This information may also be merged into aggregate information about Site visitors and traffic. We use third-party analytics tools to distinguish and analyze user behavior.

Food Photos, Comments and Corrections

We use this information to provide Services to you, such as nutritional estimates. We also use it to develop, train and improve the Services such as our analytics, including but not limited to using the food photos and related comments and corrections you provide to train and improve our models and systems, as well as the models we use with third parties that help us with analytics.

Log Files

We collect anonymous and technical information from your computer, including your internet protocol address, data about your computer or other device, the type of browser or operating system your device uses, the programs, services, and version of software you use, and the address of any linking site, when you request a web page while visiting the Site. We use this information for statistical purposes, to ensure that our web pages will appear and function appropriately on your computer, to determine how you were referred to our Site, and to personalize your access to our Site or conduct our own analyses and research to improve our programs, products, services, and content.

We may sell, rent, or otherwise convey this anonymous, technical information to a third party, but this information will never constitute Personal Information. We also use third parties to collect and analyze information. If you do not agree with Kiwi or our service providers collecting and using your anonymous and technical information as described in this paragraph, discontinue use of the Site or contact us as described under "Controlling Your Personal Information."

Cookies

Like most commercial websites, we use cookies to track use of our Site. Cookies are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences. Kiwi and our Service Providers use cookies to track use of our Site and online services. Cookies may also be used to monitor traffic, improve the Site, make the Site easier and/or more relevant for your use, and improve the performance of our advertising.

You can make personalized choices regarding the cookies employed within the Site in the Settings section. However, certain features of our Sites or other Services may not work if you delete or disable cookies. For more information on cookies and how to disable them on your computer please visit:

https://www.consumer.ftc.gov/articles/0042-online-tracking

Generally-speaking, we use first-party and third-party session and persistent cookies. The cookies set by us are called "first-party cookies" and the cookies set by our Service Providers are called "third-party cookies." Session cookies are temporary cookies that remain on your device until you close your web browser. Many session cookies are essential to make our Site work correctly, as they typically enable you to move around our Site and use our features. Persistent cookies remain on your device after you close your browser or until you manually delete it (for the former, the amount of time the cookie remains on your device will depend on the duration or "lifetime" of the specific cookie and your browser settings).

Persistent cookies help us recognize you as an existing user of our Site, so it's easier and more convenient to return to our Site or interact with our Services without signing in again. In addition, persistent cookies also help us recognize you when you view a resource belonging to our Site from another website or app (such as an advertisement) and help us record information about your web browsing habits during the lifetime of the persistent cookie.

Examples of cookies we use include:

• Strictly Necessary Cookies: These cookies are strictly necessary for our Site to function properly and ensure our Services are accessible to you (e.g., log-in functionality, load balancing, navigation, filling in forms). The Site cannot function properly without these cookies.
• Preference Cookies: These cookies enable our Site to provide enhanced features or settings based on your previous visits and selections, such as language preferences, remembering log-in details, remembering searches and filter settings, and other conveniences.
• Statistic Cookies: These cookies enable us to understand how visitors interact with our Site by collecting and reporting information anonymously.
• Social Media Cookies: These cookies are used to allow you to share or like our pages and content through third-party social media websites.
• Marketing Cookies: These cookies are used to track visitors across our Site. The intention is to display ads that are relevant and engaging for the individual user.

Information We Collect Indirectly From You, With Your Consent

We collect Personal Information from other sources with your consent, such as health applications on your device. In such cases, we adhere to the following:

If you give Kiwi permission to access data from a connected health or fitness application or platform, we will use that information in accordance with this Privacy Notice, to provide you with the Services, and in compliance with the applicable permissions, terms, and policies governing that third-party platform.

There may be other instances where we collect Personal Information from other sources, such as third-party applications, with your consent. In these cases, we will only do so after receiving your express consent to access the data and will do so in compliance with any applicable terms, the third-party privacy policy, and this Privacy Notice.

Kiwi uses Personal Information collected from you automatically to perform data analysis, identify Site and Services usage trends, develop and display content and advertising tailored to your interests or location, and to measure the effectiveness of our marketing efforts and our Services. Kiwi may use and store this information and the reports we generate using this information in an anonymized form or in the aggregate such that it is not associated with individual end users and does not include Personal Information.

Other Ways We Might Use Your Personal Information

In addition to the specific uses and purposes described above, we might use information that we collect about you or that you provide to us, including any Personal Information:

• To present our Site and its contents to you;
• To provide you with information, products, or services that you request from us or that we deem relevant to you;
• To allow you to participate in interactive features on our Site or to notify you about changes to our Site or any products or services we offer or provide through it;
• To provide you with other information about a business or organization with which we are associated;
• To protect your privacy and enforce this Privacy Notice;
• If we believe it is necessary to identify, contact, or bring legal action against persons or entities who may be causing injury to you, to Kiwi, or to others; and
• To comply with applicable law, regulation, legal process, or court order.

Children Under Age 13

Kiwi products and Services are intended for individuals who are at least 13 years of age. Any Personal Information submitted by or relating to a child under the age of 13 must be submitted with the consent of that child's parent or legal guardian. As such, the Site may not be used, and no Personal Information should be submitted from children under 13 years of age without such consent.

If you are under 13, do not use or provide any information on this Site or on or through any of its features, make any purchases through the Site, use any interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn that we have collected or received Personal Information from a child under the age of 13 without verification of parental or legal guardian consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at hi@joinkiwi.app.

A Special Note About Your Health Information

We are committed to protecting your privacy and we recognize the sensitivity of health-related information that you may choose to include in your account. You should consider carefully the nature of the information you add to your account.

We do not sell health-related information or provide it to third parties without your consent, except as otherwise described in this Privacy Notice or as permitted by applicable law.

As noted below, we take reasonable, legally permitted measures to protect your information from law enforcement access. However, your information may be subject to access in accordance with applicable laws and legal processes. If you have concerns about certain types of information being collected by a government authority, please do not add that information to your account.

DISCLOSURE OF YOUR INFORMATION

As permitted by applicable law, we may share your Personal Information as follows:

To Our Service Providers

Vendors that provide us with various services (collectively, "Service Providers") may have access to your Personal Information while they are performing their contractual obligations. Examples of Service Providers we use include payment processors, data analytics companies, email delivery services, web hosting services, customer support providers, and marketing services.

We prohibit our Service Providers from selling or disclosing the Personal Information we provide to them and require all Service Providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information. The type of information provided to a Service Provider depends on the purpose of the service provided.

For Special Features

We may offer special features that require the transmission of certain data to third parties that assist us in providing such features. Examples of such features include:

• Food photo analytics functionality: We may use a service provider to assist us with the capture, analysis, and correction of food photos you upload using this feature.
• AI assistant functionality: We may offer an AI-powered assistant as part of the Services. When you choose to use this feature, we may provide certain limited information to third-party service providers that support this functionality in order to generate responses and provide assistance. This information may include contextual information from your account, such as diary data, nutritional data, targets, or other inputs you provide when interacting with the AI assistant. We do not intentionally provide information that directly identifies you unless necessary to provide the feature, and we only share information in accordance with this Privacy Notice and applicable law.

To Our Advertisers

Kiwi may disclose certain limited information to advertising partners, sponsors, and/or traffic measurement services (collectively, "Advertisers") to enable Advertisers to serve advertisements on the Site, the App, or other media, such as social networking platforms. Advertisers may use cookies or similar technologies to personalize advertising content and measure the effectiveness of advertisements.

We do not disclose sensitive health-related information to Advertisers. Any information disclosed for advertising purposes is limited to what is reasonably necessary to support advertising and analytics functions and is subject to contractual confidentiality and use restrictions.

Other Third Parties

As permitted by applicable law, we may disclose Personal Information to third parties:

• As part of a business transition, such as a merger, acquisition, reorganization, financing, or sale of all or a portion of our assets;
• To comply with federal, state, or local law, regulation, judicial proceeding, court order, or other legal process, or where we have a good faith belief that disclosure is necessary to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons;
• Where we believe disclosure is appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Use or this Privacy Notice; or
• In any case where we have obtained your prior consent.

For Legal and Other Compliance

We may disclose Personal Information when we believe it is appropriate to:

• Comply with applicable law;
• Enforce or apply this Privacy Notice or our other policies or agreements;
• Protect our or our users' rights, property, or safety;
• Protect users from fraudulent, abusive, or unlawful use of the Services; or
• Respond to emergencies involving immediate danger of death or serious physical injury.

For Lawful Requests

We do not disclose Personal Information simply on request. It is our policy to disclose Personal Information to law enforcement or governmental agencies only in response to a valid legal instrument issued by a court or authority with competent jurisdiction, such as a subpoena, court order, or warrant. However, Personal Information may be accessible under the laws of the jurisdiction in which it is stored.

As Part of Business Transfers

We may disclose Personal Information as part of any merger, acquisition, debt financing, sale of company assets, or other business transaction. In such circumstances, we will ensure that appropriate confidentiality and data security measures are agreed to by all parties with access to Personal Information.

As Aggregated or Deidentified Information

We reserve the right to share or sell aggregated, anonymous, or deidentified information about individuals with non-affiliated entities for marketing, advertising, research, or other purposes, without restriction. We do not limit third parties' use of aggregated or deidentified information, provided such information does not identify any individual.

SECURITY

Data Security

It is Kiwi's policy to treat your Personal Information with confidentiality. We minimize the Personal Information we store and employ commercially appropriate and reasonable safeguards, both online and offline, designed to maintain the security, confidentiality, and integrity of information we collect.

• We maintain physical, electronic, and procedural security measures to safeguard Personal Information.
• We update and test our technology to improve the protection of Personal Information and the integrity of our systems.
• We educate employees and contractors about confidentiality and privacy through standard operating procedures and training programs.

In many instances, we employ commercially reasonable security measures such as access controls, encryption, monitoring, and testing. However, no transmission of data over the internet or storage system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. We are not responsible for circumvention of privacy settings or security measures by third parties.

You are responsible for maintaining the confidentiality of your account credentials. Always log out of your account and close your browser or app when finished, especially when using a shared or public device.

Public Forums

If you choose to participate in any public forum, comment section, or community feature made available through the Services, any information you disclose may be collected, viewed, or used by others. We are not responsible for information you choose to submit publicly.

In-App and User Communications

If you choose to send messages to other users or groups of users through messaging, chat, posting, or similar features, we may collect and process the information you disclose through such communications, as well as the necessary Personal Information of the recipient(s), in order to facilitate the communication.

Third-Party Sites

This Privacy Notice applies only to information collected by Kiwi. We may provide links to third-party websites or services as a convenience to users, but we do not control and are not responsible for the privacy practices or content of third-party sites. When you click on third-party links, you are subject to those third parties' privacy policies. We encourage you to review them before providing any information.

Photos and Videos

If you post images, photos, or videos in public sections of the Services, you should be aware that such content may be viewed, collected, copied, or used by other users without your knowledge or consent. Kiwi is not responsible for content you choose to submit publicly. Certain areas of the Services may allow private submissions that are not publicly viewable.

Updates and Push Notifications

We may occasionally send you updates, patches, system messages, and push notifications related to the Services. If you do not wish to receive notifications, you may adjust your device or account settings or discontinue use of the Services. If you enable notifications, we may use device identifiers or contact information to deliver such messages.

Do Not Track Signals

Some browsers offer a "Do Not Track" ("DNT") feature. At this time, Kiwi does not respond to DNT browser signals. We may continue to use tracking technologies even if DNT is enabled.

Unauthorized Use

If you become aware of any unauthorized submission of information to Kiwi, including information relating to children, please notify us using the contact information below so that we may investigate and take appropriate action.

RETAINING AND DELETING YOUR PERSONAL INFORMATION

Kiwi retains Personal Information as long as it is reasonably necessary to provide the Services to you. This includes consideration of business requirements and legal obligations to retain the information. You have the ability to delete information from your account at any time.

As described in the "Controlling Your Personal Information" section below, you can control many aspects of the information in your account, such as profile information, including by deleting the information or your account. As described below, you may request deletion of your account by making a request to hi@joinkiwi.app.

Otherwise, we will generally keep information associated with your account until it is no longer reasonably necessary to provide the Services, or until your account is deleted. We may delete accounts that are unused for a certain period of time, such as no activity for thirty-six (36) months, depending on the nature of the account.

We may consider the amount, nature, and sensitivity of the Personal Information and the purposes for which it may be processed to determine appropriate retention periods. We may retain de-identified or aggregated information with other non-personal data indefinitely, as it is no longer Personal Information and may be useful for our business purposes.

Following the deletion of information from your account, deletion of your account, or a request for deletion, we take steps to fully delete the Personal Information from our logs and systems within a reasonable period of time. We may retain information for a longer period as permitted by law, including for legal compliance and regulatory purposes, to prevent fraud, collect fees, resolve disputes, assist with investigations, or enforce our Terms of Use or a legal right. Any information we retain will be handled in accordance with this Privacy Notice.

CONTROLLING YOUR PERSONAL INFORMATION

Kiwi provides you the ability to exercise certain controls and choices regarding our collection, use, and sharing of your information. Depending on where you reside, your options to control your Personal Information may include some or all of the following:

• Changing the Services for which you are signed up;
• Changing your preferences for how and about what we communicate with you;
• Correcting, updating, and deleting the Personal Information in your account;
• Requesting access to the Personal Information we hold about you and that we amend or delete it;
• Choosing whether to receive marketing communications from us, including promotions, surveys, and information about products and services that may be of interest to you; and
• Controlling how the cookies we use interact with your browser.

Please note that certain legal obligations may limit or prevent our ability to fulfill these requests, and that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site or Services for a period of time.

At any time, you may exercise any of these controls and choices, express concerns, lodge a complaint, or obtain additional information about the use of your Personal Information by contacting us at hi@joinkiwi.app.

We Do Not Sell Your Personal Information

Kiwi does not sell Personal Information and will not share the details of your account for commercial purposes without your express permission, except as otherwise described in this Privacy Notice and as permitted by applicable law.

Opting Out of Sharing

We may share your Personal Information with connected applications or third parties, as permitted by you. If you would like to opt out of sharing your Personal Information, there are various ways you can accomplish this.

You may delete your account at any time, following which we will not share your Personal Information with third parties except as may be required by law. You may also view and control sharing with third parties through your account settings, where available, and may decide to add or stop sharing with any connected applications.

If you would like to opt out of sharing in these ways, or opt out of sharing with third parties, please contact hi@joinkiwi.app. In some circumstances, opting out of sharing may mean we or third parties are not able to provide you with certain Services. We may also consider certain legal, contractual, and business interests and obligations when evaluating opt-out requests, as permitted by applicable law.

Opting Out of Communications

We will only communicate with you if you want to hear from us or if it is necessitated by the Services you receive (for example, transactional, payment, or account-related messages).

You may modify or limit the communications we send to you by clicking the "unsubscribe" link at the bottom of any of our emails or by adjusting your communication preferences in your account settings, where available. You may also contact us directly at hi@joinkiwi.app. Please be sure to include your full name, email address, and a description of the communications you wish to stop receiving.

UNITED STATES – STATE PRIVACY LAWS

This section of the Privacy Policy is specifically intended to address Kiwi's obligations in respect of the various United States states with privacy laws, including California, Colorado, Connecticut, Montana, Oregon, Texas, Virginia, and Utah. Along with the provisions above, the sections below describe additional measures we take to collect, use, and share Personal Information in accordance with the respective state laws.

CALIFORNIA PRIVACY RIGHTS

Kiwi adopted this section to comply with the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act ("CPRA"), and it applies to residents of the State of California ("California Consumers"). Without limiting the foregoing, this section provides California Consumers with the disclosures and notices required under the CCPA. Certain exceptions and limitations may apply to a California Consumer's rights and Kiwi's obligations under the CCPA.

Personal Information Collected

Kiwi has collected the following categories of Personal Information from California Consumers within the last twelve (12) months:

• Identifiers (e.g., real name, alias, online identifier, IP address, email address, or other similar identifiers);
• Personal Information Categories Listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)). Some Personal Information included in this category may overlap with other categories;
• Internet or Similar Network Activity (e.g., browsing history within the Site, search history within the Site, interactions with the Site or Services); and
• Geolocation Data (e.g., physical location or movements derived from IP address).

Sources for the Personal Information We Collect

We collect the Personal Information described above from the following sources:

• Directly from you when you leave a comment or use other interactive features on the Site, communicate with us, fill out a form, submit an inquiry, or use the Services;
• Indirectly from you as information we collect automatically from your use of the Site or Services; and
• Third parties, as described in more detail elsewhere in this Privacy Notice.

Use of Personal Information

Depending on your interactions with Kiwi, we may use or disclose the Personal Information we collect about you for one or more of the following business purposes:

• To provide you with our Services, including communicating with you, maintaining accurate records, and personalizing your experience with the Services;
• To improve our Services by analyzing how users access and use the Services, both on an aggregated and individualized basis;
• To develop, train, and improve the Services, including analytics and models;
• For other purposes as permitted by law, such as complying with a law, regulation, legal process, or court order; and
• For our direct marketing efforts, such as sending newsletters, email marketing materials, and information about products and services.

We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without notifying you.

Disclosing Personal Information

Kiwi may disclose Personal Information for a business purpose to the following categories of third parties:

• Law enforcement, regulatory, and other governmental agencies;
• Business partners;
• Parent entities, affiliates, and subsidiaries; and
• Cookie information recipients, subject to their respective privacy notices.

In the preceding twelve (12) months, Kiwi has disclosed the following categories of Personal Information for a business purpose:

• Identifiers;
• California Customer Records Personal Information categories;
• Internet or other similar network activity; and
• Geolocation data.

No Sale of Personal Information

Kiwi has not sold any Personal Information in the preceding twelve (12) months.

Your Rights and Choices

The California Consumer Privacy Act ("CCPA") provides California Consumers with specific rights regarding their Personal Information. The following paragraphs describe CCPA rights and explain how to exercise those rights. Each of these rights is subject to our receipt of a verifiable consumer request (see below).

Right to Disclosure

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months, such as:

• The categories of Personal Information we have collected about you;
• The categories of sources for the Personal Information we have collected about you;
• Our business or commercial purpose for collecting or disclosing that Personal Information;
• The categories of third parties with whom we share that Personal Information; and
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
  • sales, identifying the Personal Information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Kiwi is only required to respond to two (2) disclosure requests within a twelve (12) month period.

Right to Access

You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past twelve (12) months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested Personal Information in a portable and readily usable format.

Please note that Kiwi is prohibited by law from disclosing copies of certain pieces of Personal Information (for example, government identification numbers, financial account information, and passwords or security questions and answers) because disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account.

Kiwi is only required by law to respond to two (2) access requests within a twelve (12) month period.

Right to Deletion

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Kiwi may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion.

If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion and will notify you when your request is complete.

Submit a Consumer Privacy Request

To exercise any of the above rights, please submit a verifiable consumer privacy request to hi@joinkiwi.app.

Verification

We cannot respond to your request or provide you with Personal Information unless we can verify your identity and your authority to make the request and confirm that the Personal Information relates to you.

You do not have to create an account with Kiwi to make a verifiable consumer privacy request. We will only use Personal Information provided in a verifiable consumer privacy request to verify the requestor's identity or authority to make the request.

Authorized Agent

You may make a verifiable consumer request on behalf of your minor child. Otherwise, only you, or a person you have designated in writing as your authorized agent or who is registered with the California Secretary of State to act on your behalf, or to whom you have provided power of attorney pursuant to California Probate Code sections 4000 to 4465 ("Authorized Agent"), may make a verifiable consumer request related to your Personal Information.

If you wish to have an Authorized Agent make a verifiable consumer request on your behalf, the Authorized Agent will need to provide sufficient written proof that you have designated them as your Authorized Agent. We may also require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected Personal Information.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of receipt. If we require more time, we will notify you in writing of the reason and the extension period.

We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding receipt of the verifiable consumer request.

If we cannot comply with part or all of your request, we will explain the reasons in our response. We do not charge a fee to process or respond to a verifiable consumer privacy request unless it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will inform you of the reason and provide a cost estimate before completing the request.

Nondiscrimination

We will not discriminate against you for exercising any of your CCPA rights.

Unless permitted by law, we will not do any of the following as a result of your having exercised your right under the CCPA:

• deny you goods or services.
• charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties.
• provide you a different level or quality of goods or services.
• suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Various Additional State Privacy Rights

(California, Colorado, Connecticut, Montana, Oregon, Texas, Virginia, and Utah)

Under the laws of Colorado, Connecticut, Montana, Oregon, Texas, Virginia, and Utah, residents of these states have specific rights regarding their Personal Information. These rights include:

Right to Access

You have the right to access your Personal Information (sometimes called a "data subject access request"). This enables you to receive a copy of the Personal Information we hold about you, subject to exceptions and requirements under applicable law. If you submit a right to access request, we will provide you with copies of the requested Personal Information in a portable and readily usable format.

Please note that Kiwi may be prohibited by law from disclosing copies of certain Personal Information where disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our systems, or your account.

Right to Delete

You have the right to request that we delete Personal Information that we collected from you and retained, subject to certain exceptions prescribed by law.

Right to Data Portability

You have the right to request a copy of the Personal Information that we collected about you during the twelve (12) months prior to your request.

Right to Opt-Out of Sharing or Selling

We do not sell your Personal Information. You may, however, have the right to opt out of the sharing of your Personal Information. If you would like to opt out of sharing, please contact us at hi@joinkiwi.app. In some circumstances, opting out may limit our ability or the ability of third parties to provide certain services.

Non-Discrimination

We will not treat you differently because you exercised a legal right.

Additional Rights (Where Applicable)

Residents of California, Colorado, Connecticut, Montana, Oregon, Texas, and Virginia may also have the following rights:

Right to Correct

You have the right to request that we correct inaccuracies in the Personal Information we maintain about you. We depend on you to keep your information up to date. Where correction or deletion is not appropriate, we may annotate the information.

Right to Restrict Automated Decision Making

We do not engage in automated decision making that produces legal or similarly significant effects. If we do so in the future, we will update this Privacy Policy and provide appropriate opt-out mechanisms.

TERMS

Terms of Use

We encourage you to familiarize yourself with the Site Terms of Use, which govern all matters not set forth in this Privacy Policy. The Terms of Use govern your access to and use of the Site and Services and form part of the agreement between you and Kiwi.

Changes to This Privacy Policy

We may occasionally make changes to this Privacy Policy to ensure its accuracy. If we make changes, the revised Privacy Policy will be posted online and the date of the newest version will be listed. Please check back frequently, especially before you provide us with Personal Information, to determine the current scope of the Privacy Policy.

Governing Law

Those who choose to use or access the Site and/or Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each user shall comply with all local rules regarding online conduct and submission of acceptable materials.

This Privacy Policy shall be governed and interpreted pursuant to the laws of the United States and the state in which Kiwi is headquartered, without regard to principles of conflicts of law that would impose the law of another jurisdiction.

International Transfer

We may transfer information that we collect about you to affiliated entities or to other third parties across borders and from your state or jurisdiction to other states or jurisdictions within the United States. By using the Site or Services, you consent to the transfer, storage, and processing of information within the United States as described in this Privacy Policy.

CONTACT INFORMATION

If you have any questions about our collection and use of your Personal Information, if you wish to exercise any of your rights regarding your Personal Information, or if you have any questions about this Privacy Policy, please contact us at: