Komi Privacy and Cookie Policy

Last updated: 15th September 2022

Welcome to Komi

We are committed to respecting your privacy and protecting your personal data. This Komi Privacy and Cookie policy (“Policy”) sets out how we use data relating to you and applies to all use of your personal data by Komi App Limited, a private company incorporated and registered in England and Wales with company number 12268875 whose registered office is at 21 Bedford Square, London, United Kingdom, WC1B 3HH (“we”, “us” or “our”).

This Policy sets out the basis on which any personal data we collect from you, or that you provide to us through our mobile / tablet applications or our website (https://komiapp.co/) (together, “Komi”) will be processed by us. This Policy applies to all users of Komi, including “Talent” who use Komi to offer their content, products, events, tickets, experiences, subscriptions, gifting capabilities and other materials (“Talent Services”), and consumer users who engage with the Talent Services. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

We will only collect and process information about you in accordance with this Policy and we will only use information collected about you in accordance with applicable data protection laws including the EU General Data Protection Regulation 2016 (“EU GDPR”) the EU GDPR as it forms part of the laws of England, Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (“UK GDPR, and together with the EU GDPR, the “GDPR”) and the UK Data Protection Act 2018. Where we decide the purposes and means for the processing of your personal data, we are the “controller” for the purposes of the GDPR.

You have the right to object to the processing of your personal data, including where your personal data is being processed for direct marketing purposes. Further information on this right, and your other rights, is set out below.

  1. How we collect and use your personal data
  1. The table below explains what data we may collect, how we use it, and which recipients it might be shared with.

Your data

How we use it

Recipients

Account information (information provided by you when creating an account on Komi)

  • Full name
  • Age
  • Gender
  • Country
  • Job title
  • Company
  • Username and password
  • Contact details (email, address, phone number)
  • Billing information (where applicable)
  • Interests and preferences information, such as categories of content you would most like to see (and, if you have a Komi Talent account, interest categories you plan to create content for)
  • Social media and website usernames, URLs and/or handles
  • For Komi Talent accounts, the qualifications, experiences and biography information you choose to provide to us
  • For Komi consumer users, Talent Services you have previously purchased
  • Pictures and audiovisual material you upload into Komi, such as for your account profile picture
  • Single sign on preferences

We process this information in accordance with the terms of our contract with you (for consumer users, being the Komi Terms of Service; for Talent users, being the Komi Terms for Talent). For example, we need your contact details to create your account and to process purchases you make.

Additionally, we rely upon our legitimate interests for this processing activity, being our interests in promoting the success of our business by providing you with a quality service with additional functionalities relating to your account with us.

This information is provided by us to our payment processor vendors where necessary.

For consumer users only: We may disclose aggregated data with Talent so they can monitor their performance on Komi and in certain situations, as part of our facilitation of the provision of the Talent Services to you, we allow Talent access to your personal information. (Please see section 3.6 below for more detailed information on this).  

For consumer users only: we may also disclose certain of this information to Talent or Talent’s agents, record labels or management where we have a data sharing agreement in place with such recipients. The data sharing agreements in place with these recipients require them to process your personal data in compliance with applicable law, including the GDPR.  

Newsletter, SMS and marketing messages (information provided by you when signing up to our newsletter or marketing emails, or when signing up to a Talent user’s mailing list and provided to us by the Talent user)

  • Name
  • Email address
  • Mobile number
  • Other information collected and clearly identifiable to you at the point of your signing up to our newsletter or marketing emails

Consent-based mailing lists

We may process your data to make suggestions and recommendations to you and other users of Komi about: (i) news and updates relating to us, our partners, Talent, products, services and content; (ii) content, goods, services, experiences and other offerings available in or from Komi, or Talent Services that may interest you; and (iii) other promotional activity and events we think may be of interest. In such circumstances we process your data on the basis of your consent.

‘Soft opt-in’ mailing lists

In some instances (such as with some of our existing customers) the law may permit us to process your personal information in order to send information to you by marketing messages that we think are of interest for you on the basis of our legitimate interests, being our legitimate business interests in marketing our activities and promoting the success of our business and Komi, content, products and services. We may process your information for this purpose.

If the information is not of interest for you, you can opt-out at any time by contacting us using the details outlined in the ‘Contact Us’ section below.

We may share your data with email and marketing message vendors to assist us.

For consumer users only: We may disclose aggregated data with Talent so they can monitor their performance on Komi. Please see section 3.6 below for more detailed information on this.

For consumer users only: we may also disclose certain of this information to Talent or Talent’s agents, record labels or management where we have a data sharing agreement in place with such recipients. The data sharing agreements in place with these recipients require them to process your personal data in compliance with applicable law, including the GDPR.  

Support / enquiry information (information we receive when you get in touch with us for support)

  • Name
  • Contact details (email, address, phone number)
  • Other personal data you send to us

We process this information either in accordance with the terms of our contract with you (for consumer users, being the Komi Terms of Service; for Talent users, being the Komi Terms for Talent) (where we need this information to provide our services to you) or in pursuit of our legitimate interests in responding to your enquiry and in order to improve our services (promoting the success of our business).

We may share this information with vendors who assist us with managing customer services enquiries.

Social media information (information we may receive when you link your account to your social media profiles, visit our social media channels or share our content on social media)

  • Name (and/or your social media unique user name)
  • Email address
  • Gender and/or age
  • General interests and preferences (e.g. Likes, Shares, Posts)
  • Other personal data you send to us

For this processing activity, we rely upon your prior consent as the supporting legal basis.

In some cases, this may be a consent provided by you through the relevant third party social media platform and/or a prompting notice provided by them.

Where you link your Komi account to your social media profiles, or when you are logged into your social media account and share content from Komi, we may receive information about you from the social media platform and such platform may receive information or your activity on Komi.

Twitter (https://support.google.com/youtube/topic/2803240?hl=en-GB&ref_topic=6151248)

LinkedIn (https://www.linkedin.com/legal/privacy-policy)

Facebook (https://en-gb.facebook.com/policy.php)

Instagram (https://help.instagram.com/155833707900388)

Google / Youtube

(https://policies.google.com/privacy)

Analytics (collected from your device and interaction with Komi)

  • How often you use Komi
  • Which content, pages and  application screens you go to and which features you use,  Talent you follow, view, share or purchase from, the Talent Services you engage with and other similar information relating to your usage and engagement with Komi
  • Your IP address, and device identifiers communicated by your device
  • Device and browser operating system, version, make and model

Please note that in addition to our processing, Talent may process your personal data using analytics tools they place on your devices via their Komi homepage. Please refer to the Talent’s own privacy policies for further information. Komi does not control such Talent analytics tools or access information collected by them.

We may process this information (on its own or together with your account information) so that we can: (i) understand usage of our services and improve our services, such as by prioritising serving content in our services to you which we think is more interesting for you; (ii) identify and solve problems or bugs; and (iii) develop new services or content we think will be of greatest interest.

We do this in pursuit of our legitimate interests, being our commercial interests in ensuring that our service functions well so that you and other users have the best experiences (promoting the success of our business).

To the extent that our analytics depends on storing or accessing non-essential cookies or other information on or from your device, we will obtain your prior consent.

We use Google Analytics (https://support.google.com/analytics/answer/6004245) to help us understand how our website and services are used.

We may share this information with our trusted business partners or with Komi Talent account holders in an aggregated and non-personally identifiable form.

Please see our Cookie Policy for more information about our use of cookies and similar technologies.

For consumer users only: We may disclose aggregated data with Talent so they can monitor their performance on Komi. Please see section 3.6 below for more detailed information on this.

For consumer users only: we may also disclose certain of this information to Talent or Talent’s agents, record labels or management where we have a data sharing agreement in place with such recipients. The data sharing agreements in place with these recipients require them to process your personal data in compliance with applicable law, including the GDPR.    

Competition and promotion related entry information (information we receive when you enter a competition / prize promotion with us such as over email or over social media):

  • Name (and/or your social media unique user name)
  • Contact details so we can process your entry (such as email, address, phone number if we need to send you a prize)
  • Information submitted as part of your entry

We process this information for the purposes of managing and fulfilling the purposes of the competition and promotion.

We rely up the legal basis of performance of a contract for this processing activity, being the applicable terms governing the competition / promotion that we may make available.

None.

Content information (any information or content, such as user-generated content, you submit to us through your use of Komi such as images, videos, live streams, reviews, comments and other information concerning your use of  Komi, or in the case of Talent, any personal information contained in the contents of your Talent Services)

We process this information either in accordance with performing the terms of our contract with you (for consumer users, being the Komi Terms of Service; for Talent users, being the Komi Terms for Talent) (where we need this information to provide our services to you) or otherwise in pursuit of our legitimate interests in promoting the success of our business (by providing additional functionality and features to you).

Please note that your submitted content (such as posts, comments, reviews or, for Talent, content / services made available for purchase), will be viewable by other Komi users. Subject to us having the right to do so, we may also use this content in Komi marketing and promotional materials

Push notifications (when your device sends you a notification of an activity in Komi applications, such as about a new piece of content available for purchase)

Where required by law, we will obtain your prior consent before sending you push notifications through our applications.

In some cases, you may provide the foregoing consent at a ‘device level' and/or the option for you to consent to the notifications may be prompted through your device rather than our application.

For most mobile and tablet devices, push notifications can be disabled in your device settings.

None.

  1. Your Rights In Relation To Your Personal Data
  1. You have certain rights over the way we process personal data relating to you. We aim to comply without undue delay, and within one month at the latest, in response to any requests submitted by you to us:
  • for a copy of personal data we are processing about you and/or to have inaccuracies corrected;
  • to restrict, stop processing, or to delete your personal data;
  • for a machine-readable copy of your personal data, which you can use with another service provider. Where it is technically feasible, you can ask us to send this information directly to another provider if you prefer; and
  • to make a complaint to a data protection regulator. You may contact the UK regulator at: https://ico.org.uk/concerns/.
  1. To make a request in relation to any of the aforementioned rights, please send your request to us through our dedicated customer services team (such as by accessing customer services options within our service, such as in our Komi applications).
  2. There may be circumstances where we will ask you for your prior consent in respect of our use of your personal data for direct marketing. Where we rely upon your consent to do this activity, you can withdraw your consent at any time by messaging us through our customer services options available in our services, such as within our Komi applications. We hope that you would like to receive our updates, but we do not want to send you emails that are not of interest for you. If you would like to be removed from our mailing list please let us know by clicking unsubscribe at the bottom of any marketing email that you receive from us.
  1. DISCLOSURE OF YOUR PERSONAL DATA
  1. We will share your personal data with third parties only in the ways that are described in this policy.
  2. Group, suppliers, subcontractors, service providers, application stores. We keep your personal data confidential, but may disclose it to any member of our corporate group, to application store providers, our personnel, suppliers (such as our customer services, hosting and payment processing suppliers) or subcontractors insofar as it is reasonably necessary for the purposes set out in this Policy. Additionally, we may need to disclose information to application store providers in order to either: (i) ensure fulfilment of an order you have made or to process a cancellation or refund; or (ii) detect and prevent fraud.
  3. Government authorities. In addition, we may disclose your personal data to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
  4. Potential acquirers or investors. If we are involved in a merger, acquisition, or sale of all or a portion of our business or assets, the personal data we hold may be included as part of that sale, in which case you will be notified via email, your account and/or a prominent notice in Komi of any changes in ownership or use of your personal data, as well as any choices you may have.
  5. Enforcement. We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of us, our personnel or customers, or others.
  6. (For consumer users only) Talent:
  1. We may disclose aggregated data based on your personal information, but from which it is not possible to identify you, with Talent so they can monitor their performance on Komi.
  2. In certain situations, as part of our facilitation of the provision by the Talent of the Talent Services to you, we may need to allow Talent access to your personal information such as where you have purchased a 1 to 1 session with a Talent user when we will need to provide the Talent with your name in order for you to benefit from the service you have purchased.
  3. We may disclose certain of your account information (see section 1 ‘How we collect and use your personal data’ above for details) with Talent, or Talent’s agents, record labels or management. However, we will only do so in circumstances where we have entered into an agreement with the recipient which requires the recipient to process such data in compliance with applicable data protection law, including the GDPR.
  4. Further, please note that any personal information that you voluntarily disclose to Talent will be accessible by Talent, and depending on the forum, potentially other consumer users. For example, if you leave a review that discloses your personal information, this will likely be viewable by all Komi users, or if you provide personal information to Talent during a purchased experience then such Talent user will have access to that personal information.
  1. Please be aware that Talent may have their own privacy policies. While Talent is contractually obligated to comply with all applicable data protection laws, we do not accept any responsibility or liability regarding how Talent handle personal data. We only permit our suppliers and subcontractors to process your personal data for specified purposes and in accordance with our instructions. All our third-party service providers are required to take appropriate security measures to protect your personal data.
  1. Data Retention
  1. We will only hold data about you for as long as necessary, bearing in mind the purpose for which that data was collected, or as otherwise described in this Policy.
  2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
  1. Security
  1. We will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of Komi taking into account the likelihood and severity those risks might pose to the rights and freedoms of Komi customers and our website visitors.
  2. In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal data transmitted, stored or otherwise processed by us.
  1. International Data Transfers
  1. We are primarily based in the United Kingdom and use servers and service providers located in multiple jurisdictions.
  2. Where we use service providers which are outside the United Kingdom, there are agreements in place to ensure that personal data is processed using appropriate safeguards that meet the requirements of data protection laws. Such appropriate safeguards may include standard data protection clauses adopted by a data protection regulator and approved by the UK Data Protection Regulator and/or European Commission, such as the European Commission’s standard contractual clauses.
  3. If you would like to find out more about these safeguards or if you have any other queries or comments in relation to this Policy, please let us know by contacting us through our customer services tools available within our services (such as within our Komi applications).
  1. General
  1. If you follow a link from Komi to any third party websites, please be aware that those websites may have their own privacy policies. We do not accept any responsibility or liability for those websites. Please check the policies of any third party websites before submitting any personal data to those websites.
  2. We may make changes to this Policy in the future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email or pop-up message in your Komi account.

CONTACT US

All questions, comments or enquiries should be directed to us through our customer services options available within our services (such as by contacting our customer services team within our Komi applications).

COOKIE AND ANALYTICS POLICY

Last updated: 15th September 2022

Cookies are small text files that are placed on your computer or mobile/tablet by websites that you visit or applications you use. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. The table below explains the cookies and analytics tools we use and why.

Please note that Talent may place their own cookies and analytics tools on your devices via their Komi homepage. Such cookies and analytics tools will process your personal data, and may be used to (amongst other things) serve advertising to you in third party services, and/or infer details relating to you from your behaviour across channels where they link to the Talent’s Komi homepage. Please refer to the Talent’s own privacy policies for further information on their practices in this regard. Komi does not control such Talent cookies or access information collected by them.

Cookie

Duration

Purpose/ Third Party Access

Google Analytics

180 Days

This cookie is used to collect information about how visitors use Komi. We use the information to compile reports and to help us improve our services. The cookie collects information on the number of visitors, where visitors have come to the website from and the webpages or app screens they visited. We do not facilitate the merging of personally-identifiable information with non-personally identifiable information. We collect the following information through Google Analytics: Bounce Rate, Sessions, Average Pages per sessions, Bounce Rate, where our users come, from (is it organic, social, referral, email), Device usage, Gender, Age range, User interests, what else are the users interested in, Time of day that website is used,   Location, Page Views, Entrances, Exits, Average time on page, Returning visitors vs New Downloads, Social Share.

Read Google’s overview of privacy and safeguarding data here.

Cookie Control

Persistent

This cookie will be set on your device for the purpose of remembering your cookie consent preference. This cookie will be set even where you reject all cookies in the cookie consent tool, so that we know not to place any other cookies on your device on your visits to Komi.

Authentication

During your session

To log you into Komi and keep you logged in, and to ensure that your shopping basket stays full when you move from page to page.

Preferences

One month

To remember information about you such as your preferred language and configuration.


HOW DO I CHANGE MY COOKIE SETTINGS

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit https://www.allaboutcookies.org/.

Find out how to manage cookies on popular browsers:

To find information relating to other browsers, visit the browser developer’s website.

For information how to opt out of the collection and use of information for ad targeting visit http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.