Privacy Policy

This Privacy Policy (the “ Policy“) explains how we, Kemtai Ltd. (“ Kemtai“, “ we“, “ our” or “ us“) will process any Personal Information we collect about visitors and/or users of the Kemtai Platform and/or Services (“ you“).

Kemtai is the “data controller” with respect to Personal Information collected and used as described in this Privacy Policy.

Definitions

“ Applicable Laws” shall mean any applicable privacy or other law, to the extent  applicable to Kemtai.

“ Personal Information” means individually identifiable information, i.e. information that identifies an individual or may with reasonable efforts cause the identification of an individual.

“ Non-Personal Information” means information that does not personally identify an individual, such as anonymized information.

“ Services” means the home workout application that we offer through our platform available on Kemtai’s website at www.kemtai.com and/or through its related websites, including but not limited to homefitnessnerd.com as well as through Kemtai’s mobile web app and/or native app (collectively the “ Kemtai Platform“).

1. Types of Personal Information that we Collect

We may collect and process the following Personal Information about you:

  • Personal Information that you Provide to us

    • Personal Information that you provide when subscribing and/or registering for our Services, including by creating a user account and by filling in forms, as well as through use of our Services, whether as a trainer and creator of a workout and/or a user;
    • Personal Information that you provide us to process your payment for the Services insofar as payment is due;
    • Personal Information that you provide us when participating in surveys, questionnaires or quizzes produced by the Kemtai Platform;
    • Personal Information that you provide to us through our contact form or our company email address, in order for us to contact you; please do not provide more Personal Information than is required for us to contact you.
    • Personal Information that you provide to us when we speak to you in meetings or by telephone.

2. This may include:

  • your full name, your email address, your phone number, your address, your gender, your age, and your employment status;
  • your user profile, which may include, user ID’s, pictures, health status and/or other medical information;
  • If you provide us with credit card information in connection with the purchase of the Services, that information is sent directly from your browser to the third-party we use to manage credit card processing and we do not store it on our servers. We are not permitted to use the information you provide except for the sole purpose of credit card processing on our behalf.

3. Personal Information that we Collect or Generate

If you browse the Kemtai Platform and/or use the Services, we may collect your Personal Information. This may include information about the computers, laptops, phones, and other devices used to connect to the Platform, information about the speakers, microphone, camera, browser and device you use to connect to the Kemtai Platform, such as your Internet Service Provider (ISP), operating system, your device’s Internet Protocol (IP) address and your geographic location through the use of “cookies”. For more information on our cookies and other means of tracking, please see Section ‎8 (“
Cookies
“) below.

We may also collect Personal Information related to your activity on the Kemtai Platform. This may include last login, your activity on the platform upon which the Services are provided such as referring/exit pages, date/time stamps, information related to your pose and povements while you perform exercises using our Services, the web page you were visiting and information relating to your search.

4. The Types of Non-Personal Information that we Collect or Generate

In addition to the categories of Personal Information described above, we will also process anonymized information and data that is not processed by reference to a specific individual. We may collect this Non-Personal Information through the Kemtai Platform and/or the interface of the Services in the following ways:

  • Information that your browser sends (“ Log Data“). Log Data may include, but is not limited to, non-identifying information regarding your device, operating system, internet browser type, screen resolution, language and keyboard settings, internet service provider, the web page you were visiting and information you search, etc. 
  • We may use automated devices and applications to evaluate usage of the Kemtai Platform, and/or Services. We use these tools to help us improve the Kemtai Platform and Services, performance and user experience. We may also engage third parties to track and analyse data or provide other services on our behalf. Such third parties may combine the information that we provide about you with other information that they have collected from other sources. This Policy does not cover such third parties’ use of the data and such use is governed by such third parties’ privacy policies. For more information, please see Section ‎5 “Sharing Information with Others” below.

5. How we use your Personal Information

We may use your Personal Information to:

  • process your order and administer your user account;
  • provide and operate the Kemtai Platform and the Services;
  • keep a record of which Services you have subscribed to and to deliver the Services you have requested;
  • provide you with on-going assistance and technical support;
  • provide you with information about our products and services (direct marketing) which we believe may be of interest to you (see also Section ‎5 below for more detail and your rights).
  • enforce our Terms of Use available at https://app.kemtai.com/terms-of-use and other contractual arrangements, to comply with court orders and warrants, and prevent misuse of the Kemtai Platform and/or Services, and to take any action in any legal dispute and proceeding;
  • authenticate accounts and activity, detect, investigate, and prevent malicious conduct or unsafe experiences, address security threats, protect public safety, and secure the Platform;
  • to carry out any relevant regulatory or legal obligations imposed on us;
  • to monitor and analyse use of the Kemtai Platform and the Services and study and analyse the functionality of the Kemtai Platform and the Services;
  • to better understand your needs, both on an aggregated and individualized basis, in order to further develop, customize and improve the Kemtai Platform and Services based on the preferences, experiences and difficulties of users;
  • to create aggregated statistical data and other aggregated and/or inferred Non-Personal Information, which we may use to provide and improve the Kemtai Platform and the Services; and
  • as otherwise authorized by you in writing.

6. How We Use Non-Personal Information

We may use information that is Non-Personal Information for the same purposes we use Personal Information (where applicable) and in addition in order to:

  • compile anonymous or aggregate information, 
  • disclose to third party vendors, service providers, contractors or agents who perform tasks on our behalf in connection with the Kemtai Platform or the Services, 
  • monitor and analyse use of the Kemtai Platform and the Services and for the technical administration and troubleshooting of the use of the Kemtai Platform, and the Services, and 
  • provide us with statistical data. 

7. Marketing and Promotion

Through your use of the Services, Kemtai Platform or via registering on our website, you hereby agree and authorize us to use your Personal Information for direct marketing and/or other promotional materials and activities regarding or products and/or services (“Promotional Materials”).


These Promotional Materials may be sent to you via regular mail, e-mail, SMS and/or push notifications.

You have the right to ask us not to process your Personal Information for these purposes and to opt out of receiving Marketing Materials.

Should you wish to opt out, at any time, you may do so by the following ways:

  • if sent me e-mail: by reply e-mail or by clicking on the link on the bottom of the applicable e-mail;
  • if sent by SMS: by messaging the number at the bottom of the message and following the instructions therein;
  • if sent via the app as push notifications, you may adjust the settings, at any time; and/or
  • by contacting us per the provisions of Section ‎16 below and requesting to opt out.

8. Analytics Tools

We may use analytics tools (“ Tools“) including “Google Analytics” to collect information about the use of the Kemtai Platform and/or Services. Such Tools collect information such as how often users visit the Kemtai Platform, what pages they visit when they do so, and what other sites they used prior to coming to the Site. The Tools collect aggregate and anonymized data. We use the information we get from the Tools to improve the Kemtai Platform and Services. Google’s ability to use and share information collected by Google Analytics about your visits to the Kemtai Platform is restricted by the Google Analytics Terms of Use located at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy located at http://www.google.com/policies/privacy/.

9. Sharing information with others

We do not sell, rent or lease your Personal Information.

We may share Personal Information with affiliates, service providers and other third parties, as necessary for them to perform functions on our behalf, aimed at fulfilling the purposes for collecting and processing the information, such as cloud vendors, billing providers, subcontractors providing us processing services, etc., provided that any such third party will commit to protect your privacy under the Applicable Laws and in accordance with this Policy.

Additionally, a merger, acquisition or any other structural change may require us to transfer your Personal Information to another entity, provided that the receiving entity will comply with this Policy.

We may need to disclose Personal Information in response to lawful requests by public authorities or law enforcement officials, including for meeting national security or law enforcement requirements. We cooperate with government and law enforcement officials to enforce and comply with the law.

10. Transfer of Personal Information outside your Territory

We may store, process or maintain information in various sites worldwide, including through cloud-based service providers worldwide. We may transfer your Personal Information to our affiliates or third parties in locations around the world for the purposes described in this Policy. Wherever your Personal Information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your Personal Information.

If you are located in the EU and we transfer your Personal Information to a country outside the EEA, we will ensure that it is protected and transferred in a manner consistent with legal requirements, including one of the following means:

  • the country that we send the Personal Information to might be approved by the European Commission as offering an adequate level of protection for personal information (Israel is an approved country);
  • the recipient might have signed a contract based on “model contractual clauses” approved by the European Commission, obliging it to protect Personal Information;
  • where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme; or
  • through use of other mechanisms permitted by Applicable Laws to otherwise transfer your Personal Information outside the EEA.

You can obtain more details of the protection given to your Personal Information when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of the Personal Information) by contacting us as described the Section ‎15 “How to Contact us” below.

If you are a resident in a jurisdiction where transfer of your Personal Information to another jurisdiction requires your consent, then you hereby provide us your express and unambiguous consent to such transfer or the storage, processing or maintenance of the information in other jurisdictions by using the Kemtai Platform.

11. Your rights

In all of the above cases in which we collect, use or store your Personal Information, you may have the following rights and, in most cases, you can exercise them free of charge. At any time, you may contact us via the contact details in Section ‎16 below and request to know what Personal Information we keep about you. We will make good-faith efforts to locate the data that you request to access.

If you are located in the EU you shall have the following rights with respect to the processing of your Personal Information:

  • The right to access– you have the right to request a review of your Personal Information held by us.
  • The right to rectification– you have the right to request that we correct any Personal Information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
  • The right to erasure– under certain conditions, you may be entitled to require that we delete or “block” your Personal Information (e.g. if the continued processing of a specific information is not justified or if the lawful basis for processing is consent).
  • The right to restrict processing– in certain circumstances, you have the right to request that we restrict the processing of your Personal Information.
  • The right to object to processing– where that lawful basis for processing your Personal Information is our “legitimate interests”, those lawful bases are not absolute, and you may have a right to object to such processing.
  • The right to data portability– under certain conditions, you have the right to request that we transfer the Personal Information that we have collected about you to another organization, or directly to you.
  • Right to withdraw consent: if the processing of your Personal Information is based on your consent, you have the right to withdraw your consent to such processing at any time.

If you would like to exercise any of these rights, please contact us at our contact details specified in Section ‎16 “How to Contact us” below.

When you ask us to exercise any of your rights under this Policy, we may need to (i) ask you to provide us certain credentials to identify you and to verify that you are who you claim you are, in order to avoid disclosure to you of Personal Information related to others; and (ii) ask you questions to better understand the nature and scope of data that you request to access.

We may redact from the data which we will make available to you, any Personal Information related to others and/or as required by Applicable Laws.

12. Cookies

A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. When you access or use the Kemtai Platform or Services, we use industry-standard technologies such as “cookies”, other tracking technologies and other local files, which store certain information on the browser or hard drive of your computer and which will allow us to distinguish you from other users, track your click-stream to assess performance of the Kemtai Platform and the Services, gather information about your approximate geo-location, store your preferences, enable automatic activation of certain features and improve your user experience and other capabilities.

Most devices and browsers will allow you to erase cookies from your device’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please note that unless you block the acceptance of cookies, the Kemtai Platform will utilize cookies upon your use of the Kemtai Platform or the Services (all unless it is required by Applicable Laws to provide a separate consent to use such cookies, and in which case we will use such cookies only after we receive your separate consent to such use and subject to your right to withdraw such consent at any time).

13. Data Security

There are always risks associated with providing Personal Information, whether in person, by phone or via the internet or other technologies, and no system or technology is completely safe or “tamper”/”hacker” proof.  We take the safeguarding of your Personal Information and Non-Personal Information very seriously, and use a variety of industry standard systems, applications and procedures to protect the information from loss, theft, damage or unauthorized use or access. However, although we make efforts to protect your privacy, we cannot guarantee that the Kemtai Platform, and the Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and for further enhancing the security of the Kemtai Platform and Services and protection of your privacy.

You should take steps to protect against unauthorized access to your password and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. In addition, you should take steps to protect against unauthorized access to Personal Information stored on your premises as well as defining limited access rights to such information on a need to know basis.

14. Data Retention

We retain different types of information for different periods, depending on the purposes for processing the data.

  • We may retain Personal Information for as long as necessary in order to support our legitimate business purposes, for example, for storing data, for documentation, for improving the Platform and/or the Services, for cyber-security management purposes, legal proceedings and tax issues. 
  • We may store aggregated Non-Personal Information without time limit.
  • In any case, as long as you use the Kemtai Platform, we will store information about you, unless we are legally required to delete it, or if you exercise your rights to delete the information.

15. Our Policy toward Children

The Kemtai Platform and/or the Services are meant to be used by persons older than 18 years, as such, we do not knowingly collect Personal Information from minors younger than 18. If this age requirement is not met, you are required to obtain the consent of the parent or guardian to provide and process information in accordance with this Policy; lacking such consent, please do not use the Kemtai Platform or the Services.

16. Changes to this Policy

We may change the terms of this Policy from time to time by posting notice on the Kemtai Platform,. However, we will make an effort to inform you of substantial changes through the channels of communication generally used in such circumstances.

If we need to adapt the Policy to legal requirements, the amended Policy will become effective immediately or as required.

Your continued use of the Kemtai Platform following such notice shall constitute your consent to any changes made and a waiver of any claim or demand in relation to such changes. If you do not agree to the new or different terms, you should not use and are free to discontinue using the Kemtai Platform.

17. Applicable Law And Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions.

The courts of Tel Aviv-Jaffa shall have sole and exclusive jurisdiction over all matters arising out of, stemming from and/or related to this Policy and by using the Platform, you hereby irrevocably consent to the jurisdiction of such venue.

18. How to Contact us

For further information about this Policy, please contact us at: privacy@kemtai.com.

If you have any concerns regarding this Policy, please contact us and we will make good-faith efforts to address your concerns. We are usually able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from us, you may escalate concerns to the applicable privacy regulator in your jurisdiction. Upon request, we will provide you with the contact details for that regulator.

Last Updated: 8 April 2023