Privacy Statement 

This is the privacy statement of Kimness, hereinafter: Kimness. Kimness is registered with the Dutch Chamber of Commerce under the number 77999363. This privacy statement and disclaimer apply at all times to the access and use of this website and the services of Kimness. This document explains how Kimness handles the processing of your personal data. Kimness takes the greatest possible care when processing your personal data.

Obtaining personal data:

If you use the services of Kimness, you provide a number of personal data to Kimness yourself, or personal data will be obtained from you in the context of the agreement. Personal data means all data relating to an identified or identifiable natural person.

The privacy of visitors to our website is respected by all our employees. The information and personal data will be treated confidentially, also by third parties who are responsible for the security of your data storage and will not be used for purposes other than those listed below.

Categories of personal data

Kimness processes the following categories of personal data:

  • Contact and name and address details;
  • Financial data;
  • Data in the field of mental health;
  • Account information, including your username and password;
  • Order history;
  • Other personal data provided by you.

Special or sensitive personal data that is processed

Our website and/or service does not intend to collect data about website visitors under the age of 16. Unless they have permission from their parents or guardian. However, we cannot check whether a visitor is older than 16. We, therefore, advise parents to be involved in the online activities of their children, to prevent data about children from being collected without parental consent. If you are convinced that we have collected personal information about a minor without this permission, please contact us via hello@kimness.nl and we will delete this information.

Purpose of the processing

The personal data processed by Kimness have the following purpose:

  • To contact you to inform you about the services you have purchased and the implementation thereof;
  • Performing its services;
  • Improving the service;
  • Making payments;
  • Compliance with legal obligations;
  • Doing marketing and communications;
  • Improve the website by analyzing visitor behavior on the website;
  • Sending newsletters;
  • Data exchange with third parties for the performance of the services.
  • To inform you about changes to our services and products

Basis for processing

The processing of personal data is only possible based on the following principles: (i) legal obligation, (ii) performance of an agreement, (iii) obtained (explicit) consent from the data subjects, and (iv) legitimate interest. Personal data is processed when providing the services of Kimness. Kimness only processes data that Kimness deems necessary for (improving) the services and handles the (personal) data it has collected about you and your use of the services with care. The basis for processing this data is the agreement you have entered into with Kimness. Your personal data can also be processed by visiting the website https://kimness.nl/ if you have permitted this.

Need processing

The processing of your personal data is necessary to be able to perform the service. The services that Kimness offers cannot be fully performed without processing your personal data. If your explicit permission is required for specific purposes concerning personal data, you must give separate permission for this.

Automated decision making

There is no automated decision-making

Retention period

The personal data processed by Kimness is stored in accordance with the relevant laws and regulations. If a longer retention period is necessary based on legislation or regulations, the personal data will be stored longer in accordance with these requirements. All (obtained) personal data is not kept longer than strictly necessary.

Processing by third parties

Kimness only shares personal data with third parties if this is strictly necessary for the execution of an agreement and to comply with relevant laws and regulations. No personal data is sold. Kimness may have a legal obligation to share personal data with third parties. If personal data is shared with third parties, processing agreements are concluded for this. The third parties with whom personal data are shared are:

  • The Payment Provider, for the performance of an agreement. The categories of personal data that are processed are financial data.
  • The Bookkeeper, for the performance of an agreement. The categories of personal data that are processed are contact and name and address data and financial data.
  • Software suppliers, for the implementation of the agreement. The categories of personal data that are processed are the location data and contact and name and address data.
  • Website operator, for the implementation of the agreement. The categories of personal data that are processed are the location data and contact and name and address data.
  • Third parties engaged by Kimness for the implementation of the agreement. The categories of personal data that are processed are the contact and name and address data.

Security of Personal Information

Kimness takes the protection of your personal data seriously and takes this into account, taking into account the state of the art, implementation costs, as well as the nature, scope, context and processing purposes and the risks to the rights and freedoms of individuals differing in likelihood and severity, appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

Disclaimer website

By using the website you agree to the disclaimer. Kimness reserves the right to change the content of its website and/or this disclaimer at any time without informing its customers and/or users of the website about this change. The content of the website has been compiled with the greatest possible care, but may nevertheless contain possible inaccuracies or be incomplete. Kimness does not accept any liability whatsoever for damage caused by or resulting from the use of the website. The use of this website is entirely at the expense and risk of a user of the website. No rights can be derived from the content of the website. All texts on the website are protected by copyright and the property of Kimness insofar as they do not belong to third parties.

The information and/or advice provided by Kimness concerning life coaching is not intended as a substitute for qualified medical advice. Kimness is not a qualified physician and does not provide medical advice, diagnosis, or treatment. If you are being treated by a treating physician, the medical advice of the treating physician should be leading.

The information cannot be regarded as (psycho) therapeutic advice either. If you make an appointment with Kimness you accept that this appointment is only intended for your personal (spiritual) growth, development, and interest. The services can never be regarded as medical and/or therapeutic treatments. Kimness's alternative coaching methods are not a substitute for other coaching and/or treatment methods and therefore never exclude them. Kimness also has no intention of interfering with medical treatment and/or coaching. If you want to stop medication prescribed by a treating physician, this should be discussed with the treating physician. The choice to discontinue the services of Kimness must always be made by the customer, Kimness can never be held liable for the consequences thereof.

Kimness accepts no liability for damage resulting from inaccuracies or imperfections in the texts of this website and/or the information/advice, nor for problems caused by the use of these texts for third parties.

Although the services of Kimness are or can be effective, Kimness does not guarantee that the services will work with everyone, or work in the same way. Everyone who follows the services of Kimness will make an effort and actively participate in the services with which the coaching can have an effect.

If you use the services of Kimness you remain responsible at all times for your own health and what you do with the advice and coaching of Kimness. Kimness is never liable for this. When in doubt, always consult your qualified physician.

Kimness does not guarantee that e-mails or other electronic messages sent to it will be received and processed in a timely manner and it accepts no liability for the consequences of non-receipt or late receipt or processing thereof. Moreover, Kimness does not accept any liability for the interception or misuse of electronic messages by third parties.

Cookie statement

Kimness uses technical and functional cookies to optimize the website. Cookies are small text files that are sent with the visit to a website to make user experiences of visitors more efficient. Kimness may, by law, store cookies on your device if these cookies are strictly necessary to use the website. Your consent is required for other types of cookies. We recommend accepting cookies for the user-friendliness of the website. Visitors to the website have a check-in option.

The cookies that Kimness uses are functional cookies: these cookies ensure that the website works properly. These cookies have no consequences for privacy so that permission does not have to be requested and granted. With these cookies, for example, your browser settings are stored so that our website can be viewed best, or that the website remains accessible (load balancing), but also cookies that ensure that no other cookies may be placed (no-follow).

Tracking cookies are placed on the Kimness website. By posting this, your surfing behavior can be tracked so that we can offer customized content and advertisements. On your first visit to our website, we have already informed you about these cookies and we have asked your permission to place them. You can opt-out of cookies by setting your internet browser so that it no longer stores cookies.

Cookies from Google are also placed on the Kimness website for the purpose of Google Analytics. We do not keep any information about what you do on the internet. Google Analytics may be required to provide access to this data based on applicable laws and regulations. This means that Kimness cannot link information to a natural person. If you have any questions about this, please contact us at hello@kimness.nl

Use Social Media

Kimness uses cookies from third parties to optimize the website. Some cookies are placed by third-party services displayed on the website. By third parties is meant Google Analytics and Social Media (Facebook, Youtube, Pinterest, and Instagram). The privacy and cookie policy of the relevant company applies to the use of cookies from other companies (third parties). When you click the Social Media button on the website, a Social Media cookie is placed. This allows the Social Media party to recognize your IP address as soon as you share an article from the website. For the cookies of Social Media parties and the data and/or personal data they collect with this, Kimness refers you to the privacy and cookie statements of these parties.

Browser settings

If you do not want websites to place cookies on your device with which you view the website, you can adjust your browser settings. Before a cookie is placed, you will receive a warning and you must give permission for the cookie. Failure to do so may result in the website functioning less well, for example. You can adjust the settings of your browser so that your browser refuses all cookies and also cookies from third parties. You can also delete placed cookies. To do this, you must adjust the settings of your browser via preferences and then you can adjust the privacy settings.

This privacy statement does not apply to websites of third parties that are connected to this website through links. We cannot guarantee that these third parties will handle your personal data in a reliable or secure manner. We recommend that you read the privacy statement of these websites before using these websites.

Rights of data subjects

As a data subject, you have the following rights:

  • Right of access; As a data subject, you have the right to obtain information about whether or not your personal data is being processed and, if that is the case, to obtain access to the processing thereof.
  • Right to rectification; You have the right to obtain rectification and addition of incorrect data.
  • Right to erasure. Without unreasonable delay, a data subject must obtain the erasure of personal data concerning him.
  • Right to restriction of processing; As a data subject you have the right to limit the processing of your personal data. Please contact Kimness for this.
  • Right to data portability; A data subject has the right to obtain the personal data concerning him that he has provided to Kimness in a structured, commonly used, and machine-readable form, as well as to transfer this data to Kimness without being hindered by the controller to whom it was provided.
  • Right to object; The data subject has the right to object at any time, on grounds relating to his or her specific situation, to the processing of personal data concerning him or her, including profiling based on those provisions. Kimness will cease processing the personal data unless there are compelling legitimate grounds for the processing that outweigh the interests, freedoms, and rights of the person concerned that are related to the exercise, establishment, or defense of legal claims.

Terms of use

The website is offered to users free of charge and certain options for a fee. To use the website as a user, one must register and create an account.

It is prohibited to use the website for actions that violate Dutch or other applicable laws and regulations. This includes storing or distributing through the website anything you post (hereinafter referred to as the “Content”) such as comments that are ignominious, defamatory, or racist. In addition, it is prohibited to:

  • use indecent language;
  • post content that is not relevant in such a location (off-topic / spam);
  • distribute content that is pornographic or erotic in nature (even if it is legal in itself);
  • distribute content in violation of copyright, Kimness disclaims any content posted by third parties that violate the copyrights of an external source;
  • Post information that is harmful to the image of Kimness.

If Kimness establishes that you violate the aforementioned conditions, or receives a complaint about this, Kimness may intervene itself to end the violation. Kimness is at all times entitled to report established criminal offenses. Furthermore, Kimness is entitled to provide your name, address, IP address and other identifying information to a third party who complains that you are infringing its rights or these terms of use, provided that the correctness of that complaint is reasonably plausible another way is to obtain this data and the third party has a clear interest in providing the data. Kimness is free to recover the damage resulting from violations of these rules of conduct from you. Kimness is released from all claims from third parties in connection with Content posted by you.

Kimness will make every effort to make the website available to everyone but does not guarantee uninterrupted availability. Kimness reserves the right to maintain the website at any time. This could possibly lead to a limitation of the availability of the website. If possible, maintenance will be announced in advance.

Users of the website can turn to Kimness via hello@kimness.nl when they detect unwanted content or behavior. Communication about this should not take place via the open channels of, for example, social media. Kimness will make a judgment of its own accord about the content as detected.

The user's agreement runs from the moment the user creates an account on the website until he or she cancels it. You can cancel or create an account at any time. Kimness can independently terminate an inactive account after a period to be determined without informing the user.

All aforementioned terms of use may be changed at any time by Kimness. Users may at any time close their account if they do not agree with the amended conditions.

Copyright

The website is owned by Kimness. All content that can be consulted via the website, including but not limited to texts, sound, and visual material, images, software, design, brands, logos, any other information, and databases are subject to intellectual property rights belonging to Kimness. Kimness is the owner of all information offered on the website (including copyrights, domain names, trademark rights, patents, or other intellectual property rights). You may only use this content to make use of the website and the services offered on it. You may not use the content for other purposes without the express prior written consent of Kimness, including, but not limited to, the reproduction and/or publication of the content or the provision thereof to third parties, whether or not for commercial purposes, unless this is permitted by mandatory law.

Complaint

If you have a complaint about how Kimness handles your personal data, or wish to exercise one of the above rights, you can contact us via the website or by e-mail hello@kimness.nl . To be sure that you wish to exercise a right, Kimness asks you to send a copy of your ID. You can black out your passport photo and MRZ (strip with numbers at the bottom) to protect your privacy. Kimness will respond to your request as soon as possible, but no later than 4 weeks. You can also submit a complaint to the Dutch Data Protection Authority. This is the competent enforcement body. You can contact us via this link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons.

Changes to Privacy Statement

Kimness can change the privacy statement at any time. The most recent version is published on the website. Therefore, always keep an eye on the website for the most recent version. If the new privacy statement has consequences for the way in which we process already collected data relating to you, we will notify you by e-mail.

This version was last adopted on January 11, 2020.