Privacy Policy

The Kinetic Path, LLC is a California limited liability company (the “Company,” “AFN,” “us,” “we,” and “our”). This agreement supplements and incorporates our California Privacy Policy Agreement, Privacy Policy Agreement, Code of Conduct Agreement, and Terms of Use Agreement, all found at www.afn.global and incorporated herein by reference (collectively, the “Agreement”).

This Agreement governs your (“you,” “your”) access to and use of all our websites, including all content, functionality (each, a “Website” and collectively, the “Websites”), and your access to and use of our other products and services, whether paid, unpaid, or free (the “Offerings” and collectively with the Websites, “Services”).​

Read Carefully

Please read the Agreement carefully before you use the Services. By accessing or using the Services, you accept and agree to be bound and abide by this Agreement. You must not access or use the Services if you do not agree to this Agreement. This Agreement may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review the Agreement when returning to our Services.​

The Services are offered and available to users who are 18 years of age or older. By using these Services, you represent and warrant that you are of legal age to form a binding contract with AFN and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.​

Changes to the Agreement

We may revise and update this Agreement occasionally at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.

Your continued access or use of the Services following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page occasionally to be aware of any changes, as they are binding on you.​

Collection of Your Personal Data

Usage information: We automatically record audio and video of the Services and information about your usage of the Services, including actions taken, date and time, frequency, duration, quantity, quality, network connectivity, and performance information related to logins, clicks, messages, contacts, and other feature usage information (“Usage Information”).

Device information: Our servers automatically record certain information when you use the Services, including your IP address, operating system type and version, client version, IP addresses along the network path, and the MAC address of your internet connection (“Host Information”), as further detailed in the “Passive Collection” section below.​

User-Generated Information: Other information you upload or submit while using the Services, as further detailed in the “User-generated Information” section below. 

User-Generated Information 

We collect and retain Personal Data and other information you upload or submit while using the Services (“User-Generated Information”), including information related to messages, such as message content, sender and recipients, date, time, and read receipts. Content shared, such as files and file names, sizes,

and types. All messages and content you upload or submit while using the Services, including Personal Data about you or others, will be available to the Company.​

Passive Collection

The Company and our third-party service providers automatically collect some information about you when you use our Services, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes IP addresses, browser type, and Internet service provider.

(ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the Services.​

Processing of your Personal Data

We use your Personal Data only in accordance with our Privacy Policy and Terms of Use. If you do not wish us to continue using your Personal Data in this manner, you must not use the Services.​

We only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e., processing that is necessary for the performance of a contract with you), and our “legitimate interests” or the legitimate interest of others.​​

When you use the Services, we process Personal Data for These Purposes

• Improving your experience with and value of the Services;

• Personalizing, improving, or operating our Services and business;

• Fulfilling requests you make related to the Services;

• Protecting, investigating, and deterring fraudulent, harmful, unauthorized, or illegal activity;

• Providing reports based on information collected from the use of the Services;

• Providing support and assistance for the Services;

• Providing the ability to contact you and provide you with information;

• Providing customer feedback and support; and

• Complying with our contractual and legal obligations, resolving disputes, and/or enforcing our agreements.

We process Personal Data when you visit the Services

• To keep you up to date on the latest announcements, updates, system enhancements, special offers, and other information;

• To provide customer feedback and support;

• To provide and administer marketing or promotional activities on the Services; and

• To provide you with information and offers from us.

Choice

You may choose whether to provide Personal Data to the Company, but you may be unable to access certain options, offers, and services if they require Personal Data that you have not provided. You may sign up, and by doing so, you consent to receive email or newsletter communications from us. If you would like to discontinue receiving these communications, you may update your preferences by using the “Unsubscribe” link found in such emails or by contacting us using the information in the “Contact Us” section of this policy.​

Data Subject Rights

You have certain rights with respect to your Personal Data as set forth below. Please note that in some circumstances, we may not be able to comply with your requests fully, or we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision.

To make any of the following requests, contact us using the contact details referred to in the “Contact Us” section of this policy.​

• Access: You may request more information about the Personal Data we hold about you, including our purpose for holding such Personal Data, the source from which we obtained such Personal Data, or the types of third parties, if any, with which we have shared such Personal Data. You may also request a copy of the Personal Data.

• Rectification: If you believe that any Personal Data about you that we are holding is incorrect or incomplete, you may request that we correct or supplement such data. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.

• Objection: You may contact us to let us know that you object to collecting or using your Personal Data for certain purposes.

• Erasure: You may request that we erase some or all of your Personal Data from our systems. If you would like your Personal Data deleted, please contact the company directly about deleting information.

• Restriction of Processing: You may ask us to restrict further processing of your Personal Data.

• Portability: You have the right to ask for a copy of your Personal Data in a machine-readable format. You may also request that we transmit the data to another entity where technically feasible.

• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to provide express consent on a case-by-case basis for using or disclosing certain of your Personal Data if such use or disclosure is necessary to enable you to utilize some or all of the Services.​

Under certain circumstances, we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation. In order to make such a request of us, please contact us as specified in the “Contact Us” section.​

Data Retention

How long we retain your Personal Data depends on the type of data and the purpose for which we process the data. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.

Cookies and Tracking Technologies

The Company and our partners use cookies or similar technologies to analyze trends, administer the Services, track visitors’ movements around the Services, and gather information about our visitors, such as location information based on IP addresses. Visitors may control the use of cookies at the individual browser level, but disabling cookies may limit your ability to access or use the Services.

​Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of Services and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different Services. The Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our properties.​

Sharing Your Personal Data

We do not sell or rent your Personal Data to third parties for any purposes, including marketing. We share Personal Data within the Company and its affiliated companies and with third-party service providers for data processing or storage purposes.​

We also share Personal Data with business partners, sponsors, service vendors, and/or authorized third-party agents or contractors in order to provide requested services or transactions, including processing orders, processing credit card transactions, and providing customer support. We provide these third parties with Personal Data to complete/utilize the requested services or transactions.​

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy. As required by law, we may respond to subpoenas, court orders, or similar legal processes by disclosing your Personal Data and other related information, if necessary. We also may use Personal Data and other related information to establish or exercise our legal rights or defend against legal claims.​

We collect and possibly share Personal Data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, violations of the Company’s Terms of Use, or as otherwise required by law.

​While navigating the Services, you may be directed to content or functionality that a third party hosts. When information is collected on behalf of the Company exclusively, the Company’s Privacy Policy will be referenced and will govern how your information is used. For other non-Company sites or services, the site/service owner’s privacy policy will be referenced. You should review such third parties privacy and security policies prior to use.​

Security of your Personal Data

The Company is committed to protecting the Personal Data you share with us. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Data from unauthorized access, use, or disclosure. We use nationally recognized third parties for all payment transactions to offer protection for such transactions.​

We recommend you take every precaution in protecting your Personal Data when you are on the Internet. For example, change your passwords often, use a combination of upper and lower-case letters, numbers, and symbols when creating passwords, and make sure you use a secure browser. If you have any questions about the security of your Personal Data, you may contact us as specified in the “Contact Us” section.​

Linked Services and Third-Party Services

Our Services and services may provide links to other third-party Services and services which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on such (and all) sites you visit or services you use.​

Transfer and Storage of Personal Data

The Company is located in the United States. Any information you provide to us will be transferred to and accessed in the United States. In some cases, your information may be accessed from countries outside the United States, including when you consent to such access, when such access is required in order for us to provide you with our products or services, and when such access is required to provide

product or service support or gain insight into the usage patterns of our products and services. When your information is transferred to the United States or other countries, you may not have the same rights and protections as you do under your local law. All international transfers of your information will be done in

accordance with applicable law. If you are a European Economic Area resident and are concerned about how we process and access your information. We are unable to resolve your concern; you have the right to lodge a complaint with your local data protection agency.​

Contact Us

To address your individual rights or if you have any privacy-related questions or comments related to this privacy policy, please send an email to info@thekineticpath.com.

 California Privacy Rights: California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the address above.