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Privacy Policy

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Last Updated: 02/10/2023

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This Privacy Policy (“Privacy Policy”) describes the types of information Gaben LLC dba Kallpod LLC (“Kallpod” “we,” “us,” “our”) collects, uses, and shares about you when you access or use the Kontactless platform, including, without limitation, the Kallpod website,  Kontactless web application and the information, content, materials, products, and services made available on the Kontactless platform (collectively, the “Services”). Please read this Privacy Policy carefully as it explains your and our rights and obligations over your information. Definitions for capitalized terms used but not defined in this Privacy Policy are defined in our Terms of Use.

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1. DATA COLLECTION

We collect certain information about you when you access or usethe Services. This information (“Personal Information”) may personally identifyyou or have the potential to personally identify you. This section describesthe Personal Information we collect and the sources of that information.

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Information We Collect

  • Identifiers: We may collect your full name, phone number, age, IP     Address, device ID, hardware identifiers, or other similar identifiers. We     may also collect any other Personal Information that you provide to us,     such as language preference.
  • Internet or Other Electronic Network Activity     Information:     We may collect information regarding your interaction with the Services,     including time and geolocation data. We may also collect information     automatically from your device, such as device type, operating system and     Internet browser type, screen resolution, operating system name and     version, device manufacturer and model, language, plug-ins, and add-ons.
  • Geolocation Data: We may collect your physical location or infer your     physical location based on your IP address, order history, or other     network or voluntarily-provided information.
  • Commercial Information: We may collect information about     the products or services you have purchased, obtained, or considered from     third party service providers, including restaurants, hotels, and large     venues (collectively, “Venues”), including your order history and feedback     ratings.
  • Payment Information: In order to allow a Venue to     process your order or sell products or services to you, we collect credit     card information or other payment information.

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Information We Do Not Collect

  • When you use or access the Services, we do not collect     sensitive personal information or “special-category data,” such as     information about your racial or ethnic origin, religion, gender, or     medical conditions. We also do not collect sensitive identifiers, such as     social security numbers or passport numbers.
  • We do not knowingly or intentionally collect Personal     Information from children under the age of 13. If we discover that we have     collected information about a child, we delete the information as soon as     possible.

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You may refuse to provide, or request that we delete, certaincategories of Personal Information we have about you. However, if ourcollection of the Personal Information is necessary for you to access or usethe Services, we may be unable to provide the Services to you.

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‍Information We Do Not Collect‍

  • You provide some Personal Information to us directly.     For example, you provide Identifiers, such as a phone number, when you     register for an account. You also need to provide Identifiers such as an     email address or full name if you contact us.
  • Your device provides some Personal Information to us     automatically. For example, when you scan a QR code at a venue, your     device transmits geolocation information.
  • Third parties or public sources may provide us with     certain Personal Information. For example, we may collect Personal     Information from publicly accessible social media profiles and posts,     private third parties, law enforcement, or public sources, to the extent     we deem it necessary to do so for the purposes described in the Data Uses     section below.
  • We may generate information about you based on our     relationship with you, such as which Venues you have patronized or which     items you have purchased.

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2. DATA USES

This section describes the legal bases and the purposes forwhich we process your Personal Information. We process your PersonalInformation:

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  • To perform our contractual obligations to you.This includes but is not limited     to providing you access to the Services, including, without limitation,     transmitting your orders to Venues via the Services; processing customer     service requests; sending you administrative updates, including order     confirmations; processing payment for your purchases; updating your     account information; and performing our contractual obligations to you     under our Terms of Use. We process Identifiers, Payment Information,     Internet or Other Electronic Network Activity Information, and Commercial     Information for this purpose.
  • For legitimate business interests which outweigh the     general privacy rights of individual data subjects. This includes but is not limited     to analyzing and improving our Services and business operations; ensuring     the security and availability of the Services; analyzing your preferences     and order history; and monitoring use of the Services to prevent fraud or     abuse.
  • To comply with a legal obligation or requirement. We use and process your Personal     Information when we believe doing so is necessary to comply with laws and     regulations, pursuant to a judicial authorization, or to exercise or     defend our legal rights or those of a third party.
  • With your consent. We process your Personal Information     to send you marketing communications that you requested or to which you     affirmatively subscribed, or to respond to inquiries and questions that     you initiated.

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If we need to process your Personal Information for a purposeother than that for which the information was initially collected, we willprovide you with information about that other purpose before we further processyour Personal Information.

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3. DATA SHARING AND DISCLOSURE

We may share your Personal Information with third parties:

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  • With your consent. We share your Personal Information     if you affirmatively consent to it. When you place an order using the     Services, you consent to us sharing your information with the Venue who     will fulfill your order. If we are legally obligated to obtain your     consent prior to sharing your Personal Information, we notify you of the specific     purpose for which we are obtaining your consent, and we do not share     beyond that purpose without notifying you of and obtaining additional     consent for further disclosure.
  • With third parties authorized by you.We share your Personal Information     with parties directly authorized by you to receive your Personal     Information, such as when you authorize a Venue to charge your payment     method or contact you about an order. The use of Personal Information by     an authorized third party is subject to the third party’s privacy policy.
  • With third party service providers and agents.We share Personal Information with     a limited number of service providers who process it on our behalf to     provide or improve our business functions, and who have agreed to privacy     restrictions similar to the ones in our Privacy Policy by making similar     commitments. For example, we use Stripe to process payments sent through     the Services.
  • For legal disclosure. We may share your information with     third parties when we reasonably believe disclosure is required or     permitted in order to comply with a subpoena, court order or other     applicable law, regulation or legal process.
  • To protect us or others. We may share your information to     the extent we believe that sharing such information is necessary to protect     the rights, property, or safety of us, our products or services, our     customers, or others.
  • As aggregate information. We may share certain aggregated,     non-personally identifying information internally or with others for     purposes of research, reporting, and benchmarking.
  • As a result of merger or sale of our business. We may     share Personal Information if we are involved in a merger, sale,     financing, liquidation, bankruptcy or acquisition of corporate entities or     business units.

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Kontactless does not sell or share your Personal Informationwith third parties for their direct marketing unless we have obtained yourprior consent.

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4. DATA ACCESS AND CONTROL

You may access, update, alter, or delete certain PersonalInformation we have about you by contacting us using the information providedin the “Contact Information” section below.

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5. DATA NOT TRACK

Certain state laws require us to indicate whether we honor “DoNot Track” settings in your browser. At present, there is no industry standardfor recognizing Do Not Track browser signals, so we do not respond to them.

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6. DATA RETENTION

We retain your Personal Information according to applicable lawsor regulatory requirements and keep it as long as is necessary to fulfill thepurposes described in this Privacy Policy or for which the Personal Informationwas collected. If you have questions about the Personal Information we haveretained about you, please contact us using the information provided in the“Contact Information” section below.

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7. DATA SECURITY

While no online service is 100% secure, we use reasonablesecurity measures to prevent the unauthorized access, use, alteration, ordestruction of your Personal Information. We monitor our Services for potentialvulnerabilities and attacks, and we use a variety of security technologies andorganizational procedures to help protect your Personal Information. We alsolimit access to your Personal Information to those personnel with a need toknow in order to perform services for us.

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8. THIRD PARTY LINKS

We may provide content on the Services that links to third-partywebsites. For example, we may post links to Venues’ websites or social mediasites. We do not control, and are not responsible for, third parties’ privacypractices and content. When you click on a link to a third-party site, thethird party may collect your personal data, which will be governed by the thirdparty’s privacy policy. Please read the third party’s privacy policy and termsof use to learn about how they collect and process your personal data.

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9. CALIFORNIA PRIVACY RIGHTSNOTICE

This California Privacy Rights Notice (“Notice”) applies only toindividuals residing in the State of California who are considered “consumers”and from whom we collect “personal information” as those terms are defined inthe California Consumer Privacy Act of 2018 (CCPA). We will update this Noticeat least once every twelve (12) months to reflect changes in our business,legal or regulatory obligations, so please check this Notice periodically forchanges.

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How We Collect, Use, and Disclose Your Data

We collect the categories of Personal Information listed in the“Information We Collect” section above. We use the information for the businessor commercial purposes specified in the “Data Uses” section above. We discloseyour information to the categories of third parties listed in the “Data Sharingand Disclosure” section above.

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Your CCPA Rights and Choices

California consumers have the following rights regarding our useand disclosure of your personal information, subject to certain limitations inthe CCPA:

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1. The right to know. You may request, up to twice in a 12-monthperiod, the following information about the personal information we havecollected about you during the past 12 months:

  • the categories and specific pieces of personal     information we have collected about you;
  • the categories of sources from which we collected the     personal information;
  • the business or commercial purpose for which we     collected the personal information;
  • the categories of third parties with whom we shared the     personal information; and
  • the categories of personal information about you that     we disclosed for a business purpose, and the categories of third parties     to whom we disclosed that information for a business purpose.

2. The right to delete. You may request that we delete the personalinformation we have collected about you, subject to certain limitations underapplicable law.

3. The right to opt-out from a sale. You may request to opt out ofany “sale” of your personal information.

4. The right to non-discrimination. The CCPA prohibitsdiscrimination against you for exercising any of these rights.

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You may exercise any of the rights above by submitting a requestusing the Contact Information provided below. We may need to verify youridentity before responding to your request, such as by requestinggovernment-issued identification or confirming your full name, email address oraccount access.

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10. CONTACT INFORMATION

Gaben LLC dba Kallpod LLC

Email: legal@kallpod.com

Phone: (866) 491-1466

Address: 5225 Wilshire Blvd, Suite 800, Los Angeles, CA 90036

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11. CHANGES TO THIS PRIVACY POLICY

We will provide you with notice of changes to the way we process your Personal Information and will obtain your consent as required by applicable law. All changes are effective immediately upon posting a notice of such changes. Your continued access and use of the Services following the posting of changes constitutes your acknowledgment of and consent to such changes. You can see when this Privacy Policy was last updated by checking the "Last Updated" date displayed at the top of this Privacy Policy.