Key Holdings Inc. Privacy Policy
KEY HOLDINGS INC.
PRIVACY POLICY
Last Updated: Aug 1, 2023
Key Holdings, Inc. (“Key,” “we,” “us,” or “our”) welcomes you. We provide you access to our website located at MYKEYLIVE.COM (the “Site”) and mobile platform (the “Platform,” and together with the Site, the “Services”). The Services are subject to the following privacy policy (the “Privacy Policy”), which may be updated by us from time to time without notice to you.
By accessing or using our Services, or otherwise manifesting your assent to this Privacy Policy, you are agreeing to the terms of this Privacy Policy and, where applicable, the Talent Agreement or the Viewer Terms of Use.
Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Talent Agreement or the Viewer Terms of Use, as applicable.
DESCRIPTION OF USERS
The Platform allows celebrities and influencers (“Talent”) to: (i) create a customized link (a “Keychain”) for placement on its web based social media, to allow Talent fans (“Fans”) to access a Keychain page populated with curated links to Talent’s content, newsletters, exclusive photos + videos, merchandise, contests, and SMS contact lists; (ii) livestream videos (“Livestream Videos”) that can be viewed by individuals who have signed up with the Platform and paid to view certain content (“Viewers”), and (iii) send personal videos in response to direct message requests from Viewers (“DM Videos,” and together with Livestream Videos, “Videos”) .
This Privacy Policy applies to Talent, Fans and Viewers, as well as visitors to our Site who do not register for an account on the Platform.
THE INFORMATION WE COLLECT AND HOW WE USE IT
Contact Information
We collect contact information on our Services; contact information typically includes your name, email address, billing address, and any information you provide in messages to us. When you activate a Keychain, we automatically collect your email address. We will also collect your email address if Talent provides it to us through the Platform. If you log in using any third-party social media platform access credentials, you are authorizing Key to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed such third-party could provide to us. Such information may include, without limitation, your first and last name, username, profile picture, unique identifier and access token, and e-mail address. We use such contact information for purposes such as registering you for an account on the Platform, providing you with information about the Services, responding to your inquiries, sending you email alerts (including marketing emails) and our newsletter, to create marketing opportunities, media campaigns and Custom Audiences for Talent, or providing you the Services. When a Viewer signs up to view a Livestream Video provided by Talent, or a Fan activates a Keychain or responds to Talent content on a Keychain page, we will collect and share your email address with Talent for use in promotion and marketing communications and to inform you about their events and activities. Talent may share its email lists with us to build a Custom Audience of new people who share similar behaviors and interests with Talent’s existing audience. While the Services permit Talent to upload information to the Platform, Talent is solely responsible for ensuring its collection and use of such information is in accordance with applicable law and for obtaining all necessary consents to do so.
In the course of operating the Services, Key collects or receives the following types of information.
Category of information
What may be collected
How it is collected, where applicable
Information you choose to provide via the App or through other interactions with KEY, such as e-mail, social media, SMS, telephone, or other methods
· your name,
· country of residence,
· e-mail address,
· phone number,
· login information, including certain social media profile information if you login with a social media account,
· gender,
· age or date of birth,
· payment card information,
· billing and/or shipping address,
· clothing sizes or similar physical descriptions,
· personal description,
· photographs or images,
· comments.
· Forms you fill out on App, including subscribing to direct marketing, creating an account, searches, or linking a social media account,
· Correspondence with us (e-mails, phone transcripts or otherwise);
· Purchases or orders placed on the App;
· Participation in forums, chats, or other social media functions on the App;
· Entering a competition, promotion, or survey;
· Reporting a problem on the App or requesting support.
Information collected through your use of an App
· IP address and network information,
· location (based on IP lookup),
· user agent string including browser and OS version,
· language and time zone,
· identifiers set by cookies or similar tracking information (see cookies disclosure below),
· unique device identifiers and hardware version,
· page response times,
· download or content errors,
· page interaction information (such as scrolling, clicks, and mouse-overs, length of visit, pages viewed),
· methods used to browse away from the page.
Visiting our App or interacting with us
Information collected from third parties
· name,
· age or birthdate,
· address,
· phone number,
· gender,
· household income,
· device OS,
· brand affinities,
· consumer profile category,
· music intent scores,
· music concert spend category,
· music genre interests.
Consistent with applicable laws, we may match and supplement information you provide, such as your email address or phone number, with data held by third party data providers or data brokers.
HOW YOUR INFORMATION MAY BE USED
We may use information we collect to:
· Respond requests and/or queries, including customer support queries,
· Fulfil orders, process payments, and provide order-related updates,
· Send requested marketing communications via email, SMS, or direct messages,
· Advertise our products or the products of third parties that we believe may be of interest,
· Create segments of users with similar features for ad targeting or seeding lookalike audiences,
· Operate, measure, and audit online advertisements,
· Build user profiles to assist us in understanding your interests, create marketing or advertising segments, and predict likely sales, marketing, or advertising outcomes,
· Train AI or machine learning models that analyze or predict sales, marketing, or advertising outcomes,
· Personalize and improve our Apps, products, and services,
· Administer promotions, contests, or sweepstakes,
· Operate and administer our Apps, including troubleshooting, data analysis, testing, research, statistics, and other internal operations,
· Manage your access to our Apps, including notifying you of changes to the Apps,
· Analyze usage of our Apps,
· Secure our Apps and prevent fraud or other illegal activities,
· Resolve disputes and/or enforce our agreements,
· Comply with legal and regulatory obligations.
HOW YOUR INFORMATION MAY BE SHARED
In compliance with applicable laws, we may share information about you with third parties to facilitate the uses described above, including:
· Our affiliates and joint venture partners that we have now or may have in the future,
· Our business partners, suppliers, agents, and sub-contractors who provide services on our behalf;
· Relevant partners, talent and/or their representatives,
· With other users where you leave comments or otherwise contribute content to an App,
· Advertisers, advertising networks and social networks,
· As part of an actual or potential corporate sale, merger, or acquisition, or other transfer of all or part of KEY
· Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, to protect our rights or the rights of third parties, or to protect the safety or security of any person or entity, or
· With your consent or as otherwise disclosed at the time of data collection or sharing.
DIGITAL ADVERTISING
We use third party partners to enable targeted advertising on third-party social media platforms, websites, and mobile apps. These companies collect information through our Apps to target users and serve ads. Some of these ads may be personalized, meaning that these ads are intended to be relevant to you based on information the companies collect or receive about your use of our App and third-party sites and apps over time, including through the use of cookies and other tracking technologies.
Visit the DAA Webchoices tool at www.aboutads.info to learn more about targeted advertising and how to opt out of targeted advertising by companies participating in the DAA self-regulatory program. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA Webchoices tool.
To opt-out of targeted advertising in mobile apps by companies participating in the DAA’s AppChoices program, you can download that app onto your device from https://youradchoices.com/appchoices. You can also limit data collection and use by third parties for targeted advertising in your mobile device settings, where available.
Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests.
Activity Information
Talent expressly acknowledges and agree that once Talent submits a Video to the Platform, such Videos, and any personally-identifying information that Talent may make available in such Videos, will be viewable (a) in real-time by Viewers with respect to Livestream Videos, or (b) viewable and downloadable by the particular Viewer to whom the DM Video was sent, subject to the restrictions set forth in the Viewer Terms of Use. Talent further expressly acknowledges and agrees by uploading email addresses to the Platform, Talent has a lawful basis to process, disclose and share emails and other personal information with us through the Platform (and the right to license the same to us) in compliance with all applicable laws, regulations, and industry guidelines. Talent is solely responsible for obtaining all necessary consents in connection with such sharing.
Payment Information
In order for us to process Viewer payments and submit payments to Talent, Viewers and Talent will be required to provide certain payment information, such as your credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, “Payment Information”). You authorize our third-party payment vendors including, without limitation, Stripe, to collect, process, and store your Payment Information in accordance with their respective privacy policies. We reserve the right to change our payment vendors at any time, or to use additional payment vendors, at our discretion, and will update this Privacy Policy from time to time accordingly. By making a purchase or transmitting a Video through the Platform, you agree to be bound by Stripe’s terms and conditions and privacy policy, which are available at https://stripe.com/legal and https://stripe.com/us/privacy, respectively.
Server Logs
Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and referral URL (i.e., the external source by which you arrived at our Site, or the pages you’ve clicked on while on our Site). We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, analyzing web traffic, or optimizing the user experience.
Cookies
We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your visit. We use both first-and third-party session cookies and persistent cookies. Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see the information regarding analytics providers discussed further below.
Session Cookies: We use session cookies to make it easier for you to navigate our Services. A session ID cookie expires when you close your browser.
Persistent Cookies: A persistent cookie remains on your hard drive for an extended period of time or until you delete them. You can remove persistent cookies by following directions provided in your web browser’s “help” file. To the extent we provide a log-in portal or related feature on our Services, persistent cookies can be used to store your passwords so that you don’t have to enter it more than once. Persistent cookies also enable us to collect emails to build Custom Audiences and to track and target the interests of our visitors to personalize the experience on our Services.
In some cases, we may associate information that you have provided to us (e.g., email address) with the cookies that we use. In addition to facilitating the purposes described above, this is useful in understanding your engagement with other content related to our Services (e.g., email open rates, URL click-throughs).
If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies. The management of cookies and collection of data from third party advertisers and remarketers can only be controlled through the settings feature on your device or following guidance provided by the advertiser or remarketer, as the case may be. However, if you decide not to accept cookies from us, certain aspects of the Services may not function properly or as intended.
Third-Party Analytics Providers
We use one or more third–party analytics services to evaluate your use of the Services, as the case may be, by compiling reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Services you visit, number of links clicked, search terms and other similar usage data) and analyzing performance metrics. These third parties use cookies and other technologies to help collect, analyze, and provide us reports or other data.
By accessing and using the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Services.
For Google Analytics, please visit: https://www.google.com/analytics
Third-Party Advertisers/Remarketers
We may share or receive information about you with/from Talent and third parties, including, but not limited to, advertising and remarketing providers, or similar partners, for purposes of personalizing or otherwise understanding how you engage with ads or other content. These third parties may use cookies, pixel tags, or other technologies to collect information in furtherance of such purposes, including to tailor, target (i.e., behavioral, contextual, targeting, retargeting, and remarketing), analyze, report on, and/or manage advertising campaigns or other initiatives. For example, when a browser visits a site, pixel tags enable us and these third-parties to recognize certain cookies stored within the browser to learn which ads or other content bring a user to a given site. Information that we may receive from these third parties, including through their service providers, may include advertising identifiers, IP addresses, email addresses, reports, and campaign data.
By accessing and using the Services, you consent to the processing of data about you by these advertisers/remarketing providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please note that this list may be subject to change based on the campaigns that we run.
For Lotame, please visit: https://www.lotame.com/
Geolocational Information
We may, with your consent, automatically collect geolocation information from your device via your browser’s location services. This consent may be provided by you on the device level (e.g., you have consented to location services generally through your browser’s settings) or by accepting our request for geolocation access on the Services. Please consult your browser’s documentation regarding how to turn off location services. If you disable location services, you may not be able to use the full array of features and functionalities available through our Services.
Aggregate Data
In an ongoing effort to better understand our users and the Services, we might analyze your information in aggregate form to operate, maintain, manage, and improve one or all of them. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe the Services to current and prospective business partners and to other third parties for other lawful purposes.
Onward Transfer to Third Parties
Like many businesses, we hire other companies to perform certain business-related services. The types of companies that may receive personal information and their functions are: hosting services, technical assistance, database management/back-up services, use analytics, advertising/remarketing, email marketing platforms, customer service, and payment processing. These other third-party companies will have access to personal information only as needed to enable them to provide such services.
When a Viewer signs up to view a Livestream Video provided by Talent, or a Fan activates a Keychain or responds to Talent content on a Keychain page, we will share your email address with Talent for use in promotion and marketing communications and to communicate with you about their events and activities, you may opt out of such sharing by emailing us at contact@mykeylive.com.
Fans may opt out of future sharing of their contact information collected on our Website with Talent by engaging the opt-out link provided on our Website. Engagement of this link shall discontinue your receipt of marketing communications, including inclusion in the Custom Audience.
In order to provide our Services and administer promotional programs, we may share your personal information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
We may, from time to time, share and/or license personal information to other companies who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt out of such sharing.
We may disclose personal information to our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control in order to support marketing, sale and delivery of any services.
Business Transfers
In the event of a merger, dissolution, bankruptcy, reorganization or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger, the acquiring entity, or our creditors. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy. This policy shall be binding upon Key and its legal successors-in-interest.
Disclosure to Public Authorities
We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
OPT-OUT FOR DIRECT MARKETING; EMAIL MANAGEMENT
You may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to contact@mykeylive.com or by clicking on the “Unsubscribe” link located on the bottom of any Key marketing email and following the instructions found on the page to which the link takes you. You cannot opt out of receiving transactional e-mails related to the Services. Opting out of marketing emails with Key will not remove you from a Talent’s email marketing list if you previously signed up to view the Talent’s Livestream Video, to receive Talent’s content through its Keychain page or otherwise. Please allow us a reasonable time to process your request.
HOW WE PROTECT YOUR INFORMATION
Key takes very seriously the security and privacy of the personal information that it collects pursuant to this Privacy Policy. Accordingly, we implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share your information (as permitted herein), nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
You may have certain rights regarding our processing of personal data about you. These rights may include access to, rectification, erasure, and/or portability of your personal data. You can exercise these rights by contacting us as described in the “Contact” section. We may take steps to verify your identity before completing your request. Our verification measures vary based on the risk to the individual and may involve confirming access to the relevant email account, providing a government-issued ID or other identification documents, or providing other account details or information that indicates a valid request.
You may also be entitled, in accordance with applicable law, to lodge a complaint with a supervisory authority if you consider that our processing of your personal data infringes applicable law.
US STATE RIGHTS
Residents of Colorado, Connecticut, Utah, or Virginia have certain rights with respect to their personal information, including the right to:
Confirm whether we process the consumer’s personal information and to access such information;
Correct inaccuracies in personal information;
Delete personal information;
Data portability;
Opt out from targeted advertising; and/or
Opt out from the sale of personal information.
Residents of Virginia, Colorado, and Connecticut have the right to opt out from profiling in furtherance of decisions that produce legal or similarly significant effects and to appeal decisions regarding a request to exercise their rights.
CALIFORNIA PRIVACY RIGHTS
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Key via email at contact@mykeylive.com.
California residents may opt out of having their personally identifiable information shared with third parties for those third parties’ direct marketing purposes by contacting us as described above.
IMPORTANT NOTICE TO ALL NON-US RESIDENTS
Our servers are located in the US and elsewhere. Please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Services, you do so at your own risk.
EUROPEAN RIGHTS
This section of this Privacy Policy applies only if you use the App from a country that is a Member State of the European Economic Area and supplements the information in this Privacy Policy.
You may be entitled, subject to validation of your identity and in accordance with applicable law, to:
Confirm whether we process the consumer’s personal information and to access such information;
Correct inaccuracies in personal information;
Delete personal information;
Data portability; and/or
Object to or request the restriction of processing of your personal data.
You may also be entitled, in accordance with applicable law, to lodge a complaint with a supervisory authority if you consider that our processing of your personal data infringes applicable law.
Legal Basis for Data Processing: We process personal data for the purposes set out in the relevant privacy policy. Our legal bases to process personal data includes processing that is: necessary for the performance of the contract between you and us (for example, to provide you with the services you request and to identify and authenticate you so you may use the App); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the App); and based on the consent of our customers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time without affecting the lawfulness of processing based on consent before its withdrawal.
CHILDREN
We do not knowingly collect personal information from children under the age of 16 through the Services. If you are under 16, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information without their permission. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us at contact@mykey.com, and we will endeavor to delete that information from our databases.
Our apps are not directed toward children (as defined by local law) nor does KEY knowingly collect information from children (as defined by local law) without parental consent except where in compliance with applicable laws.
DO NOT TRACK
Key does not respond to “Do Not Track” settings or other related mechanisms at this time.
LINKS TO EXTERNAL WEBSITES
The Services may contain links to third-party websites (“External Sites”). Key has no control over the privacy practices or the content of any such External Sites. As such, we are not responsible for the content or the privacy policies of such External Sites. You should check the applicable privacy policy and terms of use when visiting any such External Sites.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the last updated date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time with or without notice to you. By accessing the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the Privacy Policy in effect at the time we collect the information. Please refer back to this Privacy Policy on a regular basis.
HOW TO CONTACT US
If you have questions about this Privacy Policy, please e-mail us at contact@mykeylive.com with “Privacy Policy” in the subject line.