Privacy Policy
(The below is an excerpt of our Terms and Conditions, Privacy Policy and Data processing rules.)
Kypsel pledges to only collect data and content necessary to make your experience better on our platforms. We also understand your privacy is important, and treat it as such. The following clarifies how and when your data and content is sollicited, and what we do with it – so as to allow you to make an informed decision on wheter or not you choose to use Kypsel and our services. At any time, you can manage your data.
Kypsel and you, the user, are bound by terms and conditions, which is also explained in this section.
You agree to our Terms and Conditions and Data storage and Processing terms by accessing our websites, or using any of our portals, services, softwares, SAAS, on any of our front ends (which are all provided subject to these terms and conditions.)
A.1) By using Kypsel, in any of its forms, you also agree to the collection and use of your information and content in accordance with this policy – information and content that you have provided willingly or that results from accessing and interacting with Kypsel.
These Terms & Conditions, as well as these Privacy Policy and Data Storage and Processing Terms may change at any time, and this page will always reflect said changes immediately. It is your responsibility to stay up to date with the evolution of this page and its content. Kypsel Limited recommends checking this page often in order to be keep up to date, and ensure that you are happy with the changes - and still agree with the underlying terms, conditions and policies. Upon disclosure, changes will be effective immediately. We may reach out to you by email, or instant message on our chatbot in order to obtain your renewed consent on updated sections of these policies, when it is critical or a major change is undertaken.
If you have any questions about our Terms & Conditions or this Privacy Policy, please contact us at admin@kypsel.com
Parties bound by the agreement, nature of the agreement & definitions
I.1 Kypsel ("us", "we", or "our") refers to Kypsel Limited (the « Service », the « company », the « startup ») and to its services and products. Kypsel Limited is a startup incorporated in Ireland. Our Headquarters are situated in Dublin.
I.2 Our websites, portals, services, SAAS and softwares refers to any online web page, or group of pages, operated by Kypsel Limited. It also refers to our allocated pages on social media, managed by our team. This includes apps, webapps, SAAS, softwares developped by us and made available to you via our websites and portals.
I.3 User refers to you (« you », « your », « yours »), the person interacting with Kypsel through our services, or Social Media, or browsing our websites (in any manner whatsoever, including but not limited to: sending us a message by email, using the “contact us” pages/tabs on our website or via the chatbot, posting on any of our social networks - among which Linkedin, Instagram, Facebook, Whatsapp, Facebook Messenger and other; or interacting with Kypsel advertising.)
A user can be :
- A creator, an artist, a user who crafts content and uploads it to Kypsel for transaction. A creator can be a penciller, comic book writer, musician, author, auteur among other. He will be referred to as
- A seller, a person who engages in transaction with the content on Kypsel. A seller can purchase content, share it, sell it, peruse it at his own behest.
A user is a fully fledged entity, or account.
Every user is assigned a client number to better process your requests in customer care, product support, and user private data management.
B) You are bound by these terms be it if you are an adult, or a minor (with legal representative, or guardian), or a person representing a person or entity.
I.4 Notification Contact refers to the phone number or email address provided (but this is not mandatory) by the User to receive notifications, updates or promotional material from Kypsel.
This notification contact will be kept in our records as long as the User Personal Data exists. A notification contact may be deleted or modified by contacting us by email at admin@kypsel.com
We may send e-mails to you regarding news of the Services or offers by us or our affiliates.
D) You hereby agree that whenever you enroll willingly in our newsletter program, you agree to receive emails from us regarding our products and services.
You also agree that by providing us with any form of notification contact, we may contact you in order to update you on information vital regarding our terms, and agreement. Kypsel Limited will never contact you if you choose to turn off notifications, unsubscribe from our newsletters, or choose to terminate your user account.
I.5 Cookies refer to files stored on your device, that mark your previous and current interactions with our websites, or our services. Kypsel Limited only stores cookies on your device to remember your previous interaction and history of your presence with us - and for analytics purposes.
Cookies may not be placed on your device without your explicit consent. Once granted, the cookies will remain on your device or personal computer until you choose to delete them, or if you have set your browser(s) to automatically rid your operating systems from them. If you do not grant permission for the cookie to be placed on your device, this will not prevent your from using our websites, or our services, but may hinder your present or future experience by not taking full advantage of the site.
A cookie does absolutely not give Kypsek Limited any access to your device or personal computer, or to your information stored on said device or personal computer. It also is not a harmful file. Kypsel Limited pledges never to install anything harmful on your device. Today, Kypsel Limited offers cloud based services. As we do not provide our own app, you will not have to download any files or app to any of your devices. This may change in the futures, and Kypsel Limited will always keep you updated in this case. We will also always ask for your explicit consent before installing anything on your device.
Be wary of files, or other, requesting an install on your devices - claiming to be Kypsel Limited products and services. Phishing, viruses, trojans and scams may take the form of apps, files, or web pages pretending to be under the Kypsel branding umbrella. We do not condone any such actions, and they are independent of our will. Kypsel Limited will fight such scams within the limit of its legal arm and knowledge.
E) By granting your consent (including but not limited to: clicking on “Ok” when being prompted of our cookie policy - the first time you visit our website), you agree that Kypsel Limited may store cookies on your device or personal computer.
I.6 Google Analytics and Facebook Pixels refer to services provided by Google and Facebook respectively, that Kypsel Limited employs in order to assess our audience’s demographics, performance, and behavior. We may draw statistics from these services: mainly the age range of your co-users, their locations, peak time and dates when Kypsel services are most used, among other. In order to cover what these two services comprehensively propose to Kypsel, please find their complete Policies and Terms and Conditions here:
https://policies.google.com/privacy?hl=en&gl=zz
https://developers.facebook.com/docs/privacy
F) You hereby agree that Kypsel Limited may use Google Analytics and Facebook Pixels when analyzing its websites and services traffic, in relation with your usage of said websites and services.
I.7 User Personal Data refers to the content or information shared by you, the user, with our websites, and our services.
Data, and content, are assimilated by our solutions, or services, and in specific cases processed by Kypsel Limited in order to extract general analytics, or understand your needs or taste better.
You may signal to Kypsel Limited that you are unwilling for your personal data to be processed or analyzed by either using our websites and its contact form, or by sending us an email to admin@kypsel.com .
You may at all times request to delete your User Personal Data also by contacting admin@kypsel.com
Kypsel Limited DOES NOT sell your data, be it your name, forename, age, gender, location, taste in content, and purchases. We currently DO NOT share this data with third parties, clients or partners or authorities. In limited circumstances we may disclose aggregated information (NEVER personal information), to certain third parties in connection with providing the Services or as required by law.
G) By agreeing to these terms, you understand that your User Personal Data might be stored, and processed by Kypsel Limited to ameliorate our analysis, always with the unique objective to service you better. You also understand that you are in complete control of your User Personal Data, and might dispose of it as you will at any time (by requesting it to be deleted, indicating that you wish for it not to be processed, or by obtaining a copy of it.) You also understand we do not sell your data (in its personal form.) We might share aggregated data (ranges, general statistics) to third parties (including authorities.)
I.8 Your User Personal Data on websites refers to your data or logged files (including but not limited to):
Your Internet Protocol (IP) address, your address, your browser type, your browser type, your referring/exit pages and URLs, your number of clicks, your viewed: domain names, landing pages, subset pages, your page visit and time of visit.
Please note that none of the above are logged by Kypsel or known by us to this day.
H) As this might change in the future, by interacting with Kypsel websites, and our services, you are consenting to allow Kypsel to log this information.
We do receive and store information that you enter on our websites or our services (on “contact us” pages, forms or tabs among other) or shares with us in any other way (by email for example.) As a result, you may supply us with personal information or non-personal information such as (but not limited to):
Full contact information including email address;
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
Date and Time
Originating IP address;
Domain name;
Type of browser and operating system used (if provided by the browser);
URL of the referring page (if provided by the browser)
Or others
The personal information and non-personal information could be used when evaluating ways to improve our websites, and our services - it could also be shared IF REQUIRED BY LAW.
We use the information in a variety of ways, including for example to evaluate the performance of our websites and services, and the general preferences, and needs of users, or to generate anonymous statistics & aggregated ranges for our benefit or for our business partners.
We may use or delegate to third-party advertising companies to serve or place ads when you visit the websites or services. These companies may use information about your visits to this and other websites or other services in order to provide advertisements about goods and services of interest to you.
I) You hereby grant us the right to store your personal and non-personal information, and consent to us using said information to generate anonymous statistics and aggregated ranges for our benefit, for our business partners, or to be shared if requested by law. You also allow Kypsel Limited to use third party advertising companies to serve targeted and general ads further to your interaction with our websites and services.
I.9 Data Protection Act and Legislation refers to the GDPR, and/or the Federal Data Protection Act of 19 June 1992 (Switzerland).
EEA refers to the European Economic Area.
GDPR refers to the the Council of 27 April 2016 and the European Parliament's Regulation (EU) 2016/679 addressing the protection of private individuals (natural person) and the processing and movement of User Personal Data.
Privacy Shield refers to the EU-U.S. Privacy Shield legal framework and the Swiss-U.S. Privacy Shield legal framework.
User Personal Data's treatment, processing and responses of the Kypsel websites and services are in complete compliance with the Data Protection Legislation since launch.
Application of Data Protection Act and Legislation
The Data Protection Act and Legislation apply on territories where the Data Protection Act or Legislation are in vigor, and/or when the data processing occurs for private individuals (natural persons) residing in the EEA, or who are in the EEA at the time of their interaction with Kypsel Limited.
I.10 Data breach, Data incident, or Data hacking, all refer to an intrusion in, destruction or modification of User Personal Data by an entity other than the user or Kypsel Limited. These occurrences are unauthorized, and against the will of Kypsel Limited. These occurrences may compromise the security of the User Personal Data, against the will of Kypsel Limited. These occurrences are not condoned by Kypsel Limited.
In the case of a data breach, data incident, or data hacking, you will receive proper warning by our services. Kypsel Limited uses the foremost online and offline servers and technology equipment and security in order to avoid such occurrences. In the case of an occurrence, you might be prompted to change your password on the account used to interact with Kypsel Limited.
Please note that User Personal Data is NOT stored on physical servers at Kypsel premises.
We will notify supervisory authority no more than 72 hours after becoming aware of a breach of users’ personal data. We may use your contact information to signal that your data has been compromised as soon as reasonably possible - or after contacting proper law enforcements (that might delay our public announcement.) We will share with proper authorities the number of users accounts compromised, and the nature of the breach.
J) You understand that Kypsel Limited complies with GDPR. We will warn and notify authorities no more than 72 hours after becoming aware of a breach of user personal data - or if any user accounts have been compromised. You understand that we take appropriate measures to protect you as best we can. You agree to be contacted if your account or data has been compromised. You understand that we might announce a breach publicly after contacting proper law enforcement investigations.
I.11 Terms Binding Date refers to the date and time when you, the user, enter into a binding agreement with Kypsel Limited and agree to these present terms and conditions, as well as Kypsel Limited’s privacy policy.
K)The terms binding date is considered to be the time and date when the user, you:
(1) first interacted with our websites or our services, by navigating, browsing, clicking, entering or submitting information on said websites or services.
(2) first used/interacted/messaged us
(3) first used our 'contact us’ form
(4) agreed to these data processing terms be it by typing or clicking on
(4.1) « I understand » at any time
(4.2) « let’s go » at any time,
(4.3) « I agree » at any time,
(4.4) « Let’s go » at any time,
(4.5) « Send » at any time,
on any one of our websites, or services.
- L) Interaction with any of the above mentioned web apps, websites, portals, services, softwards, SAAS, or pages, binds you, the user, to our Terms, Conditions, Privacy Policy, Data Storage and Processing terms without any exception.
Binding you, the user, to these Data Processing Terms means you tacitly instruct Kypsel that you agree with all the terms on this page, and allow Kypsel Limited to process User Personal Data but only in accordance with applicable law.
I.12 Data Storage and Processing Terms Duration refers to the time during which these terms take effect and stay in effect, starting on the terms binding date.
Terms will remain in effect until you, the user, notify Kypsel Limited of your desire to terminate your account via email at admin@kypsel.com
Please understand the nuance between User Personal Data, and User. A User is considered to be a fully fledged entity, or account. To requestion deletion of your User Personal Data does not imply the deletion of your entire User account. If we do not store anything about you does not mean you no longer have an account.
- L) You understand that the deletion of your User Personal Data does not constitute a complete deletion of your User account. You hereby agree that to delete your entire User account, you will email us at admin@kypsel.com
You understand that you are bound by our Terms, Conditions, Privacy Policy, Data Storage and Processing Terms during the entire lifespan of your interaction with any of our websites or services.
Only after a request of account termination via email to admin@kypsel.com does Kypsel Limited release a User from the Data Storage and Processing Terms and effects - and thus, for as long as the User does not interact again, or any longer, with our Kypsel Limited websites or services. Only at that time do the aforementioned terms cease to be in effect.
This is in vigor as you may choose to delete your past interactions with Kypsel Limited, or your User Personal Data, but choose to resume your interaction with our Websites or our services as long as your account is active - thus not terminated. Whenever you, the user, still converse or interact with our Kypsel Limited website or portals - your account is considered existing, and the terms are still in effect.
If you have chosen to delete your User Personal Data or requested for your User account to be removed from our records in the past, this does not release you from being bound again by these terms in the future, when you resume interaction or messaging to Kypsel websites or services.
The deleted User Personal Data cannot be recovered by the user or Kypsel at all - it is not placed in a virtual bin, and it is not retrievable after deletion.
Deletion of User Personal Data and Deletion of a notification contact or a fully fledged User happens as soon as reasonably practicable or before a maximum 180 days, unless EU or EU Member State law indicates otherwise.
I.13 Data Controller(s) refers to the Kypsel Limited department and personnel in charge of controlling User Personal Data and responsible for applying Data Protection Act and Legislation at Kypsel Limited.
The Data Controller is based at Kypsel Limited Headquarters, which may change at any time in the future.
Data of Users, or provided by Users, is processed by the data controller in unison with Kypsel’s internal Data Science team. Usage of said data is done securely and responsibly. The Data Controller and the Data Science team at Kypsel take measures to protect the data, and prevent unlawful use of the Data.
The Data in its raw form will not be shared externally, with third parties or with business partners of Kypsel Limited. Whenever the Data is stored on a third party cloud carrier, technical service provider, hosting service, IT service, it is SOLELY accessible by Kypsel Limited - not shared with previously enumerated services and tools. Kypsel Limited reserves the right to use said serviced quoted previously, as repositories.
The Data may be aggregated, analyzed in bulk - anonymously - and shared with partners or third parties, or in-house at Kypsel Limited, for example with: the internal marketing and sales department, the legal administration, or with strategic management.
Contacting the Data Controller for more information or help may be done by sending us an email to admin@kypsel.com with subject line « Data Controller.»
M) You hereby allow Kypsel Limited to use third party services as repositories.
I.14 Legal action
User Personal Data is liable to be used in legal action (in court or otherwise) either because of fraudulent use of Kypsel Limited websites, or services, or because of litigation between users and Kypsel Limited.
The Data Controller may present User Personal Data in court, in legal action, or to public authorities.
N) By agreeing to our privacy policy, data policy and to our terms and conditions, you hereby declare to be aware that the Data Controller may share your User Personal Data at the behest of public authorities.
(The below section is an excerpt of our Terms and Conditions, Privacy Policy and Data processing rules.)
SECTION III: Third parties and Kypsel Limited, Creator content quality
Third parties permissions, terms, conditions, privacy policies, and data storage and processing terms - and how they apply to you:
III.2.1 Facebook, instagram, Whatsapp, Twitter, Privacy and its additional third parties Privacies
Through Kypsel, we offer the possibility to share the content you have purchased on social networks among which but not limited to: Facebook, Instagram, and Whatsapp. Kypsel has no ties with these companies.
Facebook, and its tools, products, services, may employ cookies, watermarks, beacons, or technologies in order to obtain, receive, or collect your data and information. They may do so on their own platforms, websites, or apps, or otherwise on your web presence, sites, apps, or e-commerce sites, or elsewhere on the internet. They may use that information to measure your activity, weigh your engagement or what you may seek - partly to provide you with targeted marketing (such as advertising). This is described in more detail in their Data Policy. Please consult it to understand the extent of the above:
https://www.facebook.com/about/privacy/
https://help.instagram.com/196883487377501
https://help.instagram.com/155833707900388
https://twitter.com/fr/privacy
https://www.whatsapp.com/legal/
V.3 No Warranty:
Kypsel Limited, its Directors, officers, employees, joint venturers, agents, and suppliers, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the Kypsel Limited services, websites, and softwares used on or accessed through our services, or for any breach of security associated with the transmission of sensitive information through the Kypsel Limited Services.
We cannot be held liable for any problems encountered in your transactions such as : loss of property, content, theft, unpaid transaction by a third-party outside of Kypsel, or scams, frauds and online phishing.
We also cannot be held liable for personal injury or property damage of any kind.Kypsel Limited makes no warranties about the accuracy of our websites or services or their content, and we make no warranties about the content of third parties websites and services that we mentions, or redirect to.
If Kypsel Limited believes or finds that you may have breached the provision of these terms, conditions, and privacy policies, we may take action to protect ourselves, other users and third parties, partners, venturers.
(The below is an excerpt of our Terms and Conditions, Privacy Policy and Data processing rules.)
SECTION VI: Payment & benefits repartition
VI.1 Paypal, Stripe
Kypsel operates payments through Paypal and stripe. You may therefore find more information on Paypal’s privacy policies and on stripe’s privacy policies here:
https://www.paypal.com/gi/webapps/mpp/ua/privacy-full
