Privacy Policy

Kaya Care Inc. Privacy Rights AGREEMENT


1. Confidentiality and Privacy.

(A) General. Kaya understands the importance of personal information and provides this Agreement to inform You about the information we will collect from You or compile about Your use of the Service and to let You know what we will do with information we collect or information You provide to us or in Your use of the Service.

(B) Definitions. In this Agreement, “User,” “You” and “Your” refer to You as the user of the Service. “Kaya,” “we,” “us” and “our” refer to Kaya Care, Inc. and our successors, partners, affiliates, subsidiaries and assigns. “Web Portal” is a secure web site used through password security for Users to gain access to Kaya software functionality and/or data.

2. What Information is Collected and who collects it? Kaya may collect Personally Identifiable Information (“PII”) about You, including without limitation, Your name, address, telephone number, email address, age, or health information, when You use the Service, update Your profile, participate in online surveys, or provide PII in a community area or other public forum. If You subscribe to a Service, You must establish an on-line account and provide us with certain PII. You must establish a user name and password for access to Your online account. Unless expressly authorized by You or as expressly stated in this Agreement, Kaya does not sell, disclose, share or transfer any PII about You to any third party. You acknowledge and agree that PII that You submit to community areas and public forums or other forums (such as Facebook, blogs or Twitter) where Users can share information, is not protected by this Agreement. You are responsible for ensuring the accuracy of the PII and PHI, if applicable, that You submit to us. Inaccurate information will affect Your use of the Service and our ability to contact You as described in this Agreement.

3. How Is PERSONALLY IDENTIFIABLE Information Used? PII that You provide or that is gathered in by the Service, is private and confidential and will not be sold, disclosed, shared, transferred, read, collected or used by others, unless otherwise directed by You or as otherwise expressly set forth in this Agreement. We will use PII to gather information You request, respond to Your messages, and tailor Kaya’s Services to Your needs.

4. To Whom IS personally identifIable information DISCLOSED? Kaya will use and disclose PII only pursuant to Your directions and the terms of this Agreement. Kaya reserves the right to disclose PII under the following circumstances:

(A) By Law or to Protect Rights. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Kaya, our Users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the terms of this Agreement, the Kaya Terms of Use or other agreements or policies; in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

(B) Serious Threat to Health or Safety – Kaya reserves the right to disclose Your PII if we believe it is necessary to prevent or lessen a serious and imminent threat to You, another person or the public.

(C) Business Transfers; Bankruptcy. Kaya reserves the right to transfer all PII in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Kaya’s assets.

(D) Contractors; Subcontractors. We may hire contractors and subcontractors to enhance our Service to provide products and services to us and to provide limited services on our behalf including, but not limited to, sending e-mails, answering questions about Services, consulting services, data modeling, printing, and other similar functions. We will provide those contractors only with the information they need to deliver the service. We may also hire subcontractors that may add additional services to the Service. We will require that such contractors and subcontractors comply with this Agreement, and we will prohibit them from using Your PII for any other purpose without your consent.

5. Children.

(A) Adult Use. Kaya Services are intended for adult use only. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors.

(B) Child Online Protection Act. The Children’s Online Privacy Protection Act protects the online privacy of children under 13 years of age. Kaya does not knowingly collect or maintain personal information provided by anyone under the age of 18, unless or except as permitted by law. Any person who provides personal information through Kaya represents to us that he or she is 18 years of age or older. If we learn that personal information has been collected from a user under 18 years of age on or through Kaya, then we will take the appropriate steps to cause this information to be deleted. If You are the parent or legal guardian of a child under 18 who has subscribed to a Service or has otherwise transferred personal information to Kaya without Your consent, please contact Kaya to have that child’s account terminated and information deleted immediately.

6. What Kind of Security Procedures Do We Use to Protect Against Loss, Misuse or Alteration of Your Information Under our Control?

(A) Security Measures. The security of Your PII is very important to Kaya. We use generally accepted industry standards to protect the PII submitted to us, both during transmission and once we receive it. We encrypt the transmission of that information or use secure socket layer (SSL) connections technology when You submit information. Areas of the Service require the use of User IDs and passwords as an additional security measure that helps protect Your information. This allows us to verify who You are and to allow You access to Your account and information.

(B) Security of Mobile Devices. If You use mobile devices to enter and maintain Your PII, You understand that You are responsible for safeguarding and securing Your mobile device, Your User ID and password. If You leave Your mobile device unattended, or if it is lost or stolen, You understand that Your PII may be accessible to others.

(C) No Guarantee. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, we cannot guarantee or warrant the security of any information You transmit to us, or to or from our Service.

7. CHANGES IN AGREEMENT. If we decide to change this Privacy Rights and Practice Agreement, we will post those changes to the Service and other places we deem appropriate so that You are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Agreement at any time, so please review it frequently.