<p>
<strong>Evasyst, Inc.<br></strong>
<em>Last updated: August 14, 2020</em>
<br>
</p> Introduction<br>
<p>Evasyst , Inc.
d/b/a Kast ( “Company,” “We,” “Us,” “Our”), a Delaware corporation, respects your privacy and is committed to protecting it through our compliance with this privacy policy (this “Policy”).<br>
</p>
<p>This Policy describes the types of information we may collect from you or that you may provide when you visit any of the Company’s website domains such as www.kastapp.co or kast.gg (collectively our “Website”) or download, install, register with, access or use the Company’s desktop, web, or mobile applications (each, an “ App”, collectively the “ Apps”), and access or use the services offered by the Company through the Website and the Apps (collectively referred to as the “Services”), and describes our practices for collecting, using, maintaining, protecting, and disclosing that information.<br>
</p>
<p>The purpose of this Policy is to further provide you with information about the processing of your Personal Information in accordance with the information obligations set out in the EU General Data Protection Regulation 2016/679 (GDPR).<br>
</p>
<p>This Policy applies to information that we collect:<br>
</p>
<ul>
<li>On the Website or through the use of an App.<br>
</li>
<li>In email, text, and other electronic messages between us and you and this Website or in conjunction with using our Services.<br>
</li>
</ul>
<p>It does not apply to information collected by:<br>
</p>
<ul>
<li>Use offline or through any other means, including on any other websites operated by any third party.
or<br>
</li>
<li>Any third party, including through any website, application or content (including advertising) that may be linked to or be accessible from the Website, any App or through your use of the Services.<br>
</li>
</ul>
<p>Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.
If you do not agree with our policies and practices, your choice is not to use our Website.
Personal Information is defined below in the Section that has the title “Information We Collect About You and How We Collect It.” This Policy may change from time to time.
For information about our policies regarding changes to the Policy, see the Section that has the title “Changes to Our Privacy Policy” below.
Please check the Policy periodically for updates.
We will not make substantial changes to this Policy or reduce your rights under this Policy without providing a notice thereof.<br>
</p> Personal Information of Children<br>
<p>Our Website and Apps are not intended for children under 13 years of age (or up to 16 years of age in certain EU jurisdictions as set out in our Terms of Service).
No one under such approved age may provide any information to the Website or through use of an App.
We do not knowingly collect Personal Information from children under the approved age.
If you are under the approved age, do not use this Website, any App or the Services or provide any information on or through them, including through on or through any of the features on the Website or App.
No one under the approved age may register on the Website or through any App, use any of the interactive or public comment features of this Website or any App 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 approved age without verification of parental consent, we will delete that information.
If you believe that we might have any information from or about a child under the approved age, please contact us at support@kastapp.co<br>
</p> Data Controller Information<br>
<p>Evasyst, Inc.
d/b/a Kast makes decisions about how your information will be used.
Our contact information is: Evasyst, Inc., Attn: Evasyst Privacy , 340 S Lemon Ave #9980 Walnut, CA 91789.
You can also contact us by email at support@kastapp.co.<br>
</p> Information We Collect About You and How We Collect It<br>
<p>We generally collect several types of information from and about users of our Website and Apps and users who communicate with us, including information:<br>
</p>
<ul>
<li>By which you may be personally identified, such as your vanity user name, e-mail address, profile pictures, or any other information that we collect through the Website or Services that is defined as personal or personally identifiable information under any applicable law (“ <strong>Personal Information</strong> ”).<br>
</li>
<li>Required for us to identify and authenticate you and secure your interactions with the Website and the Apps.<br>
</li>
<li>That is about you but individually does not identify you.
For instance, we collect information about your self-reported interests.<br>
</li>
<li>About your internet connection, the equipment you use to access our Website and Services and usage details.<br>
</li>
</ul>
<p>
<strong>We collect this information:</strong>
<br>
</p>
<ul>
<li>Directly from you when you provide it to us.<br>
</li>
<li>Automatically as you navigate through the Website, Apps or use our Services.
Information collected automatically may include information on your usage details of the Website, Apps or Service, your computer or digital device’s ID or IP addresses address(that is, a unique string of numbers that identifies each device using the Internet Protocol to communicate over the internet), and information collected through cookies, pixels and web beacons (we describe what these are in the section of this Privacy Policy captioned “Information We Collect Through Automatic Data Collection Technologies.”).<br>
</li>
</ul>
<p>
<strong>Information You Provide to Us.</strong> The information we collect that you provide to us on or through our Website or your use of the Apps and Service may include:<br>
</p>
<ul>
<li>Information that you provide by filling in forms on our Website or on an App or when using our Services.
This includes information provided at the time of registering (including your email address, your username and your password).
We may also ask you for information when you contact us through our Website or through an App, including your email address and your phone number.<br>
</li>
<li>Information that you can provide when you set up your profile, including your interests, and location.<br>
</li>
<li>Information that you upload, post, cast or stream, which may include information, writings, files, videos, images or photographs of you or others.<br>
</li>
<li>When you subscribe to the Services or make other purchases, you must provide information to Our third party payment processor supporting a valid payment method, including credit card information.
This information will include accurate and complete billing information including your full name, address, state, zip code, telephone number, and valid payment method information.<br>
</li>
<li>Metadata from files that you upload, post, cast or stream to the Website, through an App or to (or by means of) our Services.<br>
</li>
<li>Records and copies of your correspondence (including email addresses), if you contact us.<br>
</li>
<li>Information about any connections that you make with other users through use of the Services.<br>
</li>
<li>Information that you submit through our Website and Services when you correspond with us and when you correspond with other users, including through our chat, posting and messaging features.<br>
</li>
<li>Information that you provide to us when you call us or communicate with us by electronic mail.<br>
</li>
<li>Usernames and passwords that we use to authenticate your access to the Website, the Apps and the Services.<br>
</li>
</ul>
<p>
<strong>Information We Collect Through Automatic Data Collection Technologies.
</strong>As you navigate through and interact with our Website, our Apps or use our Services we may also use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:<br>
</p>
<ul>
<li>Details of your visits to our Website, Apps and our Services, including traffic data, access times, accessed pages, location data, logs, and other communication data and the resources that you access and use on the Website or Apps.<br>
</li>
<li>Details of whether or not our users have opened our emails, although we only use this data to know track the aggregate number of users who have opened our emails, not whether any particular user opened a specific email.<br>
</li>
<li>Information about your computer and internet connection, including your IP address, domain name, device ID, operating system, browser type and language, and other unique identifying information, including information of machines that have our software downloaded and installed on them.<br>
</li>
</ul>
<p>The information we collect automatically may include Personal Information, or and we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.
Such collection and association helps us to improve our Website, Apps and the Services offered and to deliver a better and more personalized service, including by enabling us to:<br>
</p>
<ul>
<li>Estimate our audience size and usage patterns.<br>
</li>
<li>Store information about your preferences, allowing us to customize our Website, and Apps and Service according to your individual interests.<br>
</li>
<li>Speed up your searches.<br>
</li>
<li>Recognize you when you return to our Website.<br>
</li>
<li>Identify you and ensure the security of our Website, the Apps and the Services and the transmission and storage of data between you and us.<br>
</li>
<li>Control unauthorized use or abuse of our Website, the Apps and our Services.<br>
</li>
</ul>
<p>The technologies we use for this automatic data collection may include:<br>
</p>
<ul>
<li>
<strong>Cookies (or browser cookies).</strong> A cookie is a small file placed on the hard drive of your computer.
You can use your browser settings to instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
However, if you select this setting you may be unable to access certain parts of our Website, the Apps or use certain Services.
Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
You can still review the Website if you choose to set your browser to refuse all cookies.
however, session cookies must be enabled to establish an account and to download and install any of our software.<br>
</li>
<li>
<strong>Web Beacons.</strong> Pages of our the Website, the Apps and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).<br>
</li>
</ul>
<p>Personal Information is not collected by us via cookies and other tracking technologies.
If you have previously provided Personal Information to us, however, cookies may be tied, linked or associated to such information.
We do not collect real-time information through the Website, any App or the Services about the location of your device.<br>
</p> Other Tracking Technologies<br>
<p>Our Website uses Google Analytics, a web analytics service provided by Google, to understand how our customers interact with our Website.
The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google on its servers in the United States or around the world.
Google will use this information for analyzing your use of our website, generating reports on website activity for website operators and providing other services relating to website activity and internet usage.<br>
</p>
<p>It is possible to opt-out of Google Analytics with the following browser add-on tool: Google Analytics opt-out add-on.<br>
</p> How And Why We Use Your Information<br>
<p>We use the information that we collect about you or that you provide to us, including any Personal Information:<br>
</p>
<ul>
<li>To present our Website and its contents to you;<br>
</li>
<li>To provide the Apps and their contents to you;<br>
</li>
<li>To personalize and improve your experience with the Website and the Apps, including for behavioural profiling of your usage patterns;<br>
</li>
<li>To provide you with information, products, or services that you request from us;<br>
</li>
<li>To fulfill any other purpose for which you provide it;<br>
</li>
<li>To provide you with notices about your account;<br>
</li>
<li>To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;<br>
</li>
<li>To notify you about changes to our Website or Apps and any products or services we offer or provide though them;<br>
</li>
<li>To allow you to participate in interactive features on our Website and Apps;<br>
</li>
<li>To enable you to communicate with other users;<br>
</li>
<li>To contact you and provide you with help if you have a customer service issue;<br>
</li>
<li>To identify and protect you and maintain your account;<br>
</li>
<li>To notify you of new products or services we think you might be interested in;<br>
</li>
<li>In any other way we may describe when you provide the information.
and<br>
</li>
<li>For any other purpose with your consent.<br>
</li>
</ul> How We Store Your Information<br>
<p>We collect and store the files, posts, messages, videos, casts and streams (including profile pictures) you upload with the Website or through the Apps, we also collect and store your connections with other users of the Services, your group memberships, chat messages, user name, email address and your public profile content.
All Personal Information is stored on restricted database servers.
We use industry standard measures to prevent the loss, misuse and alteration of your information once it is in our care.
Our hosting provider has access to the servers.
Our third party hosting provider has access to the servers on which your data is stored.
We use secure sockets layer technology for transmitting your data and encrypting passwords.<br>
</p> Disclosure and Sharing of Your Information<br>
<p>All Personal Information remains private with us and is not distributed, rented, shared or sold to any outside organizations without your consent except as described in this Policy.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.<br>
</p>
<p>We may disclose or share information, including Personal Information, that we collect or you provide as described in this Policy:<br>
</p>
<ul>
<li>To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.<br>
</li>
<li>To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of the Company, whether as a going concern or as part of bankruptcy, assignment for the benefit of creditors, liquidation, or similar proceeding, or the application of laws or equitable principles affecting creditors’ rights generally, in which information, including Personal Information, held by the Company about our Website and Apps’ users is among the assets transferred.<br>
</li>
<li>To fulfill the purpose for which you provide it.<br>
</li>
<li>To our third party e-mail mailing list provider, (e.g., MailChimp).<br>
</li>
<li>For any other purpose disclosed by us when you provide the information.<br>
</li>
<li>With your explicit consent.<br>
</li>
</ul>
<p>We may also disclose your information, including Personal Information:<br>
</p>
<ul>
<li>To cooperate with government and law enforcement officials and private parties to enforce and comply with the law, including to comply with any court order, law, or legal process (including responses to subpoenas), including to respond to any government or regulatory request.<br>
</li>
<li>To enforce or apply any terms of service we may have and other agreements.<br>
</li>
<li>To prevent or to stop activity that we believe is illegal or unethical.<br>
</li>
<li>If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
This includes exchanging information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and resolving disputes.<br>
</li>
</ul> Choices You Have Over How We Use Your Personal Information<br>
<p>We strive to provide you with choices regarding the Personal Information you provide to us.
We are not, however, responsible for ensuring the confidentiality of your information, including Personal Information, if you choose to provide such information to others on our Website, or through an App, or through our Service and opt to make such information accessible to all or some of the public.
Any personal information you choose to make publicly available should reflect how much you want others to know about you as the information that you provide to the Website or an App may be broadly and quickly disseminated.
Please be aware that no security measures are perfect or impenetrable, and content that you share on the Website or through an App may become publicly available.
We cannot control the actions of other users with whom you share your content.<br>
</p>
<p>We have created mechanisms to provide you with the following control over your information:<br>
</p>
<ul>
<li>
<strong>Changing the Information Provided to Us.</strong> You may review, update, correct or delete personal information or your account on your Settings >.
My Account section in our desktop and mobile Apps.<br>
</li>
<li>
<strong>Metadata.</strong> If you do not want us to store metadata (that is, information about your data, such as file name, creation time and date, file size, author information, device information, and any other information associated with files and media you share on our Website, the Apps or through our Services (such as photos and videos), please remove the metadata before uploading the files and media.<br>
</li>
<li>
<strong>Tracking Technologies and Advertising.</strong> You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
If you disable or refuse cookies, please note that some parts of our Website, the Apps and the Services may then be inaccessible or not function properly.<br>
</li>
</ul>
<p>We do not control third parties’ collection or use of your information to serve interest-based advertising.
However these third parties may provide you with ways to choose not to have your information collected or used in this way.
You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“ NAI ”) on NAI’s website https://optout.networkadvertising.org/?c=1#!/ .<br>
</p> Accessing and Correcting Your Information<br>
<p>You have rights to your data, and you can request to delete or transfer your data in accordance with this Policy.
You can review and change your Personal Information by emailing support@kastapp.co .<br>
</p>
<p>You may also send us an email at support@kastapp.co to request access to, correct or delete any Personal Information that you have provided to us.
Please note that we cannot delete certain Personal Information except by also deleting your user account.
We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.<br>
</p> Withdrawing Consent<br>
<p>You may also send us an email at support@kastapp.co to withdraw any consents that you have provided us.
Withdrawing a consent may lead to fewer possibilities to use our services.
The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.<br>
</p> Data Retention<br>
<p>We will retain your Personal Information as long as your account with us for receiving Services is considered to be active.
Unless you request to delete your Personal Information, we will retain your information for as long as your account is active, as needed to provide you Services and to communicate with you about Services and products.
If you wish to cancel your account or request that we no longer use your information to provide you Services, please contact us at support@kastapp.co .
Deactivation of your account does not mean your Personal Information has been deleted from our database entirely.
To request removal of your data, please send an email to support@kastapp.co .
While your account is active and even after it has been closed or you have requested deletion of your Personal Information, we will retain your Personal Information as long as we deem it reasonably necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.<br>
</p>
<p>Upon request, we will provide details on how to delete your data upon cancellation of your account with us.
For detailed information on this process, please reach out to our support team at support@kastapp.co.<br>
</p> Data Portability<br>
<p>To request a copy of the personal Personal data Information that we retain about you, please send an email to support@kastapp.co or write us by U.S.
mail at: Evasyst, Inc., Attn: Evasyst Privacy, 340 S Lemon Ave #9980 Walnut, CA 91789.<br>
</p> Third Party Services<br>
<p>We may share certain information, including Personal Information, that we collect about you with our service providers who perform functions on our behalf.
These service providers may collect information based upon your use of our Website, Apps or our Services.
Examples include, sending email, analyzing data, and providing marketing assistance and customer service.
Our service providers include:<br>
</p>
<ul>
<li>Bugsnag.
We use Bugsnag to track errors that may occur in our desktop and mobile applications.<br>
</li>
<li>Google, Inc.
We use Google's services for usage analytics and YouTube.
https://policies.google.com/privacy<br>
</li>
<li>Mixpanel.
We use Mixpanel for behavioural analytics.<br>
</li>
<li>Dashbird.
We use Dashbird to analyze server logs.<br>
</li>
<li>Codeship.
We use CodeShip for continuous integration and deployment services.<br>
</li>
<li>Amazon Web Services.
We use Amazon Web Services for server, storage, and network infrastructure.<br>
</li>
<li>Backtrace.
We use Backtrace to capture, report and analyze client crash dumps.<br>
</li>
<li>Mailchimp.
We use Mailchimp to send and track the deliverability of transactional, marketing and promotional emails.<br>
</li>
<li>Branch.
We use Branch to learn how our applications are being used and target our messages accordingly.<br>
</li>
<li>MoPub.
We use MoPub for serving ads on mobile.<br>
</li>
<li>Recurly.
We use Recurly for billing.<br>
</li>
</ul>
<p>We do not sell any contact or analytics data to any third party.<br>
</p> Direct Marketing and Profiling<br>
<p>Notwithstanding any consent granted beforehand for the purposes of direct marketing, you have the right to prohibit us from using your personal data for direct marketing purposes, market research and profiling made for direct marketing purposes by contacting us on the addresses indicated above or by using the unsubscribe possibility offered in connection with any direct marketing messages.<br>
</p>
<p>You can opt out of promotional emails at any time by emailing contact@kastapp.co , but you will still receive communications such as receipts, confirmation emails and customer service updates that are considered necessary to provide Services to you.<br>
</p> Your California Privacy Rights<br>
<p>California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.
To make such a request, please send an email to contact@kastapp.co or write us at: 340 S Lemon Ave #9980 Walnut, CA 91789.<br>
</p> Data Security<br>
<p>We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
We encrypt all information during transmission.
All information you provide to us is stored on our secure servers behind firewalls, and we implement the services of a third party hosting company to provide backup services.<br>
</p>
<p>Should despite of the security measures, a security breach occur that is likely to have negative effects on your privacy, we will inform you and other affected parties, as well as relevant authorities when required by applicable data protection laws, about the breach as soon as possible.<br>
</p>
<p>The safety and security of your information also depends on you.
Where we have given you the ability to choose a password for access to certain parts of our Website, Apps or to obtain certain Services, you are responsible for keeping this password confidential.
We ask you not to share your password with anyone.<br>
</p>
<p>Unfortunately, the transmission of information via the internet is not completely secure.
Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website, Apps or in connection with our Services.
We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Apps.<br>
</p> Special Provisions relating to GDPR<br>
<p>
<strong>Legal basis for processing under GDPR</strong>
<br>
</p>
<p>
<strong>Performance of Contract</strong>
<br>We primarily process your Personal Information for the performance of the contract (based on our Terms of Service) between us and you or in order to take steps at your request prior to entering into this contract.<br>
</p>
<p>
<strong>Legitimate interest</strong>
<br>We may also process your Personal Information based on our legitimate interests, for example in connection with analytics and marketing, as well as for ensuring the security of our services, for claims handling and legal processes.
When choosing to use your data on the basis of our legitimate interests, we carefully weigh our own interests against your right to privacy.<br>
</p>
<p>
<strong>Compliance with our legal obligations</strong>
<br>In certain cases we may process your Personal Information to enable us to administer and fulfil our obligations under law.
This includes data processed for complying with e.g.
our accounting obligations and for providing information to relevant authorities as required by applicable laws.<br>
</p>
<p>
<strong>Consent</strong>
<br>In certain cases you may be requested to grant your consent for the processing of your Personal Information.
In this event, the legal ground for such processing is your consent.
You may withdraw your consent at any time.<br>
</p>
<p>
<strong>Your rights under GDPR</strong>
<br>
</p>
<p>If you live or reside in the European Union, you have the right under the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR), to request from us access to and rectification or erasure of your personal data, the right to data portability, the right to restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority.
If you live or reside outside of the European Union, you may have similar rights under your local laws.<br>
</p>
<p>To request access to or rectification, portability or erasure of your personal data, or to delete your account with us, please send an email to support@kastapp.co or write us at: Evasyst, Inc., Attn: Evasyst Privacy, 340 S Lemon Ave #9980 Walnut, CA 91789.<br>
</p>
<p>Please note that we may request the provision of additional information necessary to confirm your identity.<br>
</p>
<p>We reserve the right to reject requests that are unreasonably repetitive, excessive or manifestly unfounded.<br>
</p>
<p>Whether you live or reside in the European Union and you wish to exercise your right to restriction of processing or your right to object to processing or do not live in the European Union but you believe you have a right to restriction of processing or a right to object to processing under your local laws, please send an email to contact@kastapp.co or write us at: Evasyst, Inc., Attn: Evasyst Privacy, 340 S Lemon Ave #9980 Walnut, CA 91789.<br>
</p> International Data Transfers<br>
<p>Your files and information, including Personal Information, may be stored and processed in any country where we have operations or where we engage service providers.
We and our service providers may transfer information, including Personal Information, that we retain about you to others (including service providers) located in countries other than the country in which we originally collected such information about you.
Different countries have different data protection rules, and these rules may differ from those of the country where we collected your information, including Personal Information.
We will, however, take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Information remains protected to the standards described in this Privacy Policy.
Please be aware that in certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in other countries may be entitled to access your information, including your Personal Information.<br>
</p>
<p>We use the following mechanisms to safeguard transfers of Personal Information from jurisdictions with differing data protection laws:<br>
</p>
<p>
<strong>
<em>EU Model Clauses and E.U.-U.S.
Privacy Shield</em>
</strong>
<br>
</p>
<p>We provide adequate protection for the transfers of personal data to countries outside of the European Economic Area through a series of agreements with our service providers based on the Standard Contractual Clauses or through other appropriate safeguards, such as the E.U.- U.S.
Privacy Shield Framework.<br>
</p> Changes to Our Privacy Policy<br>
<p>It is our policy to post any changes we make to our Policy on this page with a notice that the Policy has been updated on the Website home page.
If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the email address specified in your account or through a notice on the Website home page or through notice posted in the Apps.
The date the Policy was last revised is identified at the top of the page.
You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.<br>
</p> Methods of Contact<br>
<p>From time to time, we may email or contact you regarding important updates or feature announcements.
You may opt out of receiving emails or contacts from us by emailing our support team at support@kastapp.co.<br>
</p> Contact Information<br>
<p>To ask questions or comment about this Policy and our privacy practices, please contact us:<br>
<strong>By Mail:</strong> Evasyst, Inc., Attn: Evasyst Privacy, 340 S Lemon Ave #9980 Walnut, CA 91789 .
<strong>By Electronic Mail: </strong> support@kastapp.co.<br>
</p>
<p>When you contact us, we collect information that helps us categorize your question, respond to it, and, if applicable, investigate any breach of our Terms of Service or this Policy.
We also use this information to track potential problems and trends and customize our support responses to better serve you.<br>
</p>