1.1. About This Privacy Policy.
Kindred Momentum, LLC (the “Company,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy describes how the Company collects, uses, discloses, retains, and protects Personal Information in connection with the Services, and the rights and choices available to you regarding that information. In this Privacy Policy, “you” and “your” refer to any individual who accesses or uses the Services or whose Personal Information the Company collects in connection with the Services.
1.2. The Services.
This Privacy Policy applies to Personal Information collected through the Company’s website and any other web page owned or operated by the Company that links to or references this Privacy Policy (collectively, the “Website”), and through email and other electronic communications between you and the Company sent through or in connection with the Website (together with the Website, the “Services”).
1.3. Information Not Covered.
This Privacy Policy does not apply to:
(a) information collected by any Third Party, including through any website, application, platform, advertisement, or content that links to or is accessible from the Services;
(b) information collected through any website, application, or service of the Company that posts or links to a different privacy policy;
(c) information the Company collects offline or through any channel other than the Services, including through social media platforms, in-person events, and telephone or other customer service interactions; or
(d) information about the Company’s employees, job applicants, and independent contractors collected in those capacities.
1.4. Acknowledgment and Consent.
Please read this Privacy Policy carefully. By accessing or using the Services, or by providing Personal Information to the Company, you acknowledge that you have read and understand this Privacy Policy. To the fullest extent permitted by applicable law, your use of the Services constitutes your consent to the collection, use, disclosure, and other processing of Personal Information as described in this Privacy Policy. Where applicable law requires the Company to obtain your separate or affirmative consent for a particular practice, the Company will request that consent at the appropriate time. If you do not agree with this Privacy Policy, you must not access or use the Services.
1.5. Relationship to Other Terms.
Your use of the Services is subject to this Privacy Policy and to the Company’s Terms of Use, including the limitation of liability and dispute resolution provisions of the Terms of Use.
1.6. Notice of Practices.
This Privacy Policy is a statement of the Company’s practices and is intended to provide the notice required by applicable law. Except to the extent required by applicable law, this Privacy Policy does not create any contractual rights or obligations, and no person may enforce this Privacy Policy as a third-party beneficiary.
The following terms have the meanings set forth below. Other capitalized terms have the meanings given elsewhere in this Privacy Policy.
2.1. Personal Information.
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, household, or device, and includes “personal data,” “personal information,” and similar terms as defined under applicable law. Personal Information does not include information that has been deidentified or aggregated so that it cannot reasonably be linked to an individual (“Deidentified Information”), or publicly available information, to the extent excluded under applicable law.
2.2. Sensitive Personal Information.
“Sensitive Personal Information” means Personal Information that applicable law classifies as sensitive, such as government-issued identification numbers (such as Social Security, driver’s license, state identification card, and passport numbers); account log-in credentials, or financial account, debit card, or credit card numbers in combination with any required security code, access code, or password; precise geolocation; health information; biometric data; and information revealing racial or ethnic origin, religious beliefs, or sexual orientation.
2.3. Service Providers.
“Service Providers” means vendors, contractors, processors, and other persons that process Personal Information on behalf of the Company and are contractually restricted from retaining, using, or disclosing that Personal Information for any purpose other than performing services for the Company or as otherwise permitted by applicable law.
2.4. Third Parties.
Your use of the Services is subject to this Privacy Policy and to the Company’s Terms of Use, including the limitation of liability and dispute resolution provisions of the Terms of Use.
3.1. Categories of Personal Information..
The Personal Information the Company collects depends on how you interact with the Services and may include the following categories:
(a) Identifiers and Contact Information. Name, email address, telephone number, and similar identifiers.
(b) Communications. Correspondence, inquiries, and other information you submit through the Website’s contact form or by email.
(c) Marketing and Preference Information. Your election to receive marketing communications, communication preferences, and responses to and interactions with marketing communications.
(d) Device and Online Activity Information. Internet protocol (IP) address, device identifiers, cookie identifiers, browser type and settings, operating system, internet service provider, referring and exit pages, pages viewed, links clicked, time spent on pages, dates and times of access, search terms, interactions with emails, and other browsing and usage information.
(e) Location Information. General location, such as city, state, or postal code, derived from IP address or from information you provide.
3.2. No Sensitive Personal Information.
The Company does not collect Sensitive Personal Information through the Services. Please do not submit Sensitive Personal Information to the Company. If you do, the Company may delete it, and the Company does not use Sensitive Personal Information to infer characteristics about you.
3.3. Information About Others.
If you provide Personal Information about another individual (for example, when making a referral), you represent that you have the authority to do so and that you have provided any notice and obtained any consent required by applicable law for the Company to collect, use, and disclose that information as described in this Privacy Policy.
3.4. Accuracy of Information.
You are responsible for ensuring that the Personal Information you provide to the Company is accurate, complete, and current, and for promptly updating that information when it changes.
4.1. Information You Provide Directly.
The Company collects Personal Information you provide directly, such as when you complete the contact form on the Website, elect to receive marketing communications, or otherwise contact the Company.
4.2. Information Collected Automatically.
The Company, its Service Providers, and its analytics providers collect Device and Online Activity Information automatically when you access or use the Services, as described in the “Cookies, Tracking Technologies, and Analytics” Section of this Privacy Policy.
4.3. Information From Other Sources.
The Company may collect Personal Information from other sources, including:
(a) Service Providers, including website hosting and email platforms;
(b) analytics providers;
(c) publicly available sources; and
(d) other users of the Services, such as individuals who refer you to the Company.
5.2. Purposes of Tracking Technologies.
The Company uses Tracking Technologies to operate and secure the Services, remember your preferences, understand how users access and use the Services, and improve the Services.
5.1. Tracking Technologies.
The Company, its Service Providers, and its analytics providers use cookies, pixel tags, and similar technologies (collectively, “Tracking Technologies”) to collect Device and Online Activity Information automatically, including:
(a) Cookies. Small data files placed on your device, which may be set by the Company or by Third Parties and may expire when you close your browser or persist until deleted.
(b) Pixel Tags. Small pieces of code (also known as web beacons) embedded in web pages and emails that indicate whether you visited a page or opened an email.
5.3. Analytics Services.
The Company uses Google Analytics to collect and analyze information about the use of the Services. Google may use Tracking Technologies to collect information about your use of the Services and other websites and applications over time, and may use that information in accordance with Google’s privacy policy. Google makes available a browser add-on that allows users to opt out of Google Analytics.
5.4. Your Cookie Choices.
Most browsers allow you to refuse or delete cookies through browser settings. If you disable or refuse cookies, some features of the Services may not function properly.
5.5. Do Not Track.
Some browsers transmit “Do Not Track” signals to websites. Because no uniform standard exists for recognizing or responding to these signals, the Company does not currently respond to Do Not Track signals.
The Company may use Personal Information for the following purposes:
6.1. Providing the Services.
To operate, maintain, and provide the Services; respond to your inquiries and communicate with you about working with the Company; prepare and administer agreements with the Company’s clients and independent contractors; and send administrative communications, such as notices of changes to the Services or the Company’s policies.
6.2. Marketing.
If you elect to receive marketing communications, to send you newsletters, promotional communications, and offers in accordance with your preferences and applicable law.
6.3. Analytics and Improvement.
To understand how users access and use the Services and to improve the Website and the Company’s services and business.
6.4. Security and Integrity.
To detect, prevent, investigate, and respond to fraud, security incidents, and illegal or prohibited activity; verify identity; debug and repair errors; and protect the security and integrity of the Services.
6.5. Legal Compliance and Protection of Rights.
To comply with applicable laws, regulations, and legal process; respond to lawful requests from government authorities; enforce the Company’s Terms of Use and other agreements; establish, exercise, and defend legal claims; and protect the rights, property, and safety of the Company, its clients, and others.
6.6. Business Operations.
To conduct accounting, auditing, record-keeping, insurance, and internal administration, and to evaluate, negotiate, and complete corporate transactions.
6.7. Deidentified Information.
The Company may create Deidentified Information from Personal Information and may use and disclose Deidentified Information for any lawful purpose. Where required by applicable law, the Company will maintain Deidentified Information in deidentified form, will not attempt to reidentify it, and will contractually require recipients to do the same.
6.8. Other Purposes.
For any other purpose described at the time the information is collected; at your direction or with your consent; and for any other purpose that is reasonably necessary and proportionate to, and compatible with, the purposes described in this Privacy Policy, as permitted by applicable law.
7.1. Use of AI-Enabled Tools.
The Company may use artificial intelligence and machine learning tools, including tools provided by Third Parties, to support its business operations, such as responding to inquiries, drafting and personalizing communications, summarizing communications, and analyzing usage trends. When a third-party tool processes Personal Information on the Company’s behalf, the provider of that tool acts as a Service Provider.
7.2. Model Training.
The Company does not collect, use, sell, or disclose Personal Information to train generative artificial intelligence models, including large language models.
7.3. Automated Decision-Making.
The Company does not use automated processing, including profiling, to make decisions that produce legal or similarly significant effects concerning you.
The Company may disclose Personal Information as follows:
8.1. Service Providers.
To Service Providers, including independent contractors, that perform services on the Company’s behalf, such as website development and hosting, information technology and security, data storage, email delivery, analytics, marketing, preparation and administration of client and contractor agreements, and professional services, including the Company’s attorneys, accountants, auditors, and insurers.
8.2. At Your Direction or With Your Consent.
To Third Parties at your direction or with your consent.
8.3. Legal Requirements and Protection of Rights.
To comply with any court order, subpoena, law, regulation, or other legal process; to respond to lawful requests from government authorities; to enforce the Company’s Terms of Use and other agreements, including for billing and collection purposes; to detect, prevent, or investigate fraud, security issues, or illegal activity; and to protect the rights, property, or safety of the Company, its clients, or others.
8.4. Business Transfers.
To an actual or prospective buyer, investor, lender, or other successor, and to the advisors of those persons, in connection with any actual or proposed merger, acquisition, financing, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s equity or assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, including during the negotiation and due diligence process. Any successor may use Personal Information as permitted by applicable law.
8.5. No Sale of Personal Information.
The Company does not sell, rent, or trade Personal Information for monetary consideration, and does not “sell” or “share” Personal Information or process Personal Information for “targeted advertising,” as those terms are defined under applicable law.
9.1. Email Communications.
The Company may send you promotional emails if you elect to receive marketing communications or as otherwise permitted by applicable law. You may opt out of promotional emails at any time by using the unsubscribe link in any promotional email or by contacting the Company as described in the “Contact Us” Section of this Privacy Policy. The Company will process your request within the time required by applicable law. Opting out of promotional emails does not opt you out of transactional or administrative communications, such as responses to your inquiries.
9.2. Updating Your Information.
You may review and update certain Personal Information by contacting the Company as described in the “Contact Us” Section of this Privacy Policy.
The Services may contain links to, or integrations with, websites, applications, and services operated by Third Parties, including social media platforms. The Company is not responsible for the privacy practices, security, or content of any Third Party, and the inclusion of a link or integration does not imply endorsement. Please review the privacy policy of each Third Party before providing Personal Information to that Third Party.
11.1. Retention Criteria.
The Company retains Personal Information for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, taking into account the length of your relationship with the Company; the Company’s legal, tax, accounting, and regulatory obligations; applicable statutes of limitations and any pending or anticipated disputes, audits, or investigations; the need to enforce the Company’s agreements, maintain security, and prevent fraud; and whether you have requested deletion.
11.2. Deletion and Deidentification.
When the Company no longer needs Personal Information for the purposes described in this Privacy Policy, the Company will delete, deidentify, or aggregate that information. Residual copies may remain in backup systems until deleted in the ordinary course, and the Company will continue to protect that information while it remains in backup systems.
12.1. Safeguards.
The Company maintains reasonable administrative, technical, and physical safeguards designed to protect Personal Information from unauthorized access, use, disclosure, alteration, and destruction, such as password protection, multi-factor authentication, and access controls.
12.2. No Guarantee.
No method of transmission over the internet or method of electronic storage is completely secure. Although the Company works to protect Personal Information, the Company cannot guarantee its absolute security, and any transmission of Personal Information is at your own risk. To the fullest extent permitted by applicable law, the Company is not responsible for the circumvention of any privacy settings or security measures by any Third Party.
12.3. Security Incidents.
If the Company is required by applicable law to notify you of a security incident involving your Personal Information, the Company may provide that notice by email, postal mail, posting on the Website, or any other method permitted by applicable law. To the extent permitted by applicable law, you consent to receiving that notice electronically.
13.1. Age Requirement.
The Services are intended solely for individuals eighteen (18) years of age or older and are not directed to children. Individuals under eighteen (18) years of age must not use the Services or provide any Personal Information to the Company.
13.2. Information From Minors.
The Company does not knowingly collect Personal Information from individuals under eighteen (18) years of age, and does not knowingly sell, share for cross-context behavioral advertising, or process for targeted advertising or profiling the Personal Information of any individual under eighteen (18) years of age. If the Company learns that it has collected Personal Information from an individual under eighteen (18) years of age, the Company will delete that information promptly. A parent or guardian who believes the Company may have collected Personal Information from a minor should contact the Company as described in the “Contact Us” Section of this Privacy Policy.
14.1. Location of Processing.
The Company is based in the United States, and the Services are intended for use by individuals located in the United States. Personal Information is processed and stored in the United States and in other countries in which the Company’s Service Providers operate. The data protection laws of those countries may differ from, and may be less protective than, the laws of your jurisdiction. By accessing or using the Services or providing Personal Information to the Company, you acknowledge, and to the extent permitted by applicable law consent to, the transfer of your Personal Information to, and its processing in, the United States and those other countries.
15.1. Applicability.
Depending on where you reside, applicable law may provide you with certain rights regarding your Personal Information. The rights described in this Section are available only to residents of jurisdictions whose laws provide those rights, and are subject to the applicability thresholds, exemptions, and limitations of those laws.
15.2. Your Rights.
Subject to applicable law, you may have the right to:
(a) Access. Confirm whether the Company processes your Personal Information and access that Personal Information, including the categories of Personal Information collected, the categories of sources, the purposes of collection, and the categories of Third Parties to which the Company has disclosed it.
(b) Portability. Obtain a copy of your Personal Information in a portable and, to the extent technically feasible, readily usable format.
(c) Correction. Correct inaccuracies in your Personal Information, taking into account the nature of the information and the purposes of processing.
(d) Deletion. Request deletion of Personal Information the Company has collected from or about you.
(e) List of Third Parties. Obtain a list of the specific Third Parties, or the categories of Third Parties, to which the Company has disclosed Personal Information, where applicable law provides that right.
(f) Withdraw Consent. Withdraw any consent you have provided, without affecting the lawfulness of processing based on your consent before its withdrawal.
15.3. How to Submit a Request.
You may submit a request by emailing amanda@kindredmomentum.org with the subject line “Privacy Request”. Please include your name, the email address associated with your interactions with the Company, your state or country of residence, and the specific right you wish to exercise.
15.4. Business Transfers.
The Company will take reasonable steps to verify your identity before responding to a request to access, correct, or delete Personal Information. The Company may require you to provide information that matches information the Company maintains about you and, where permitted by applicable law, a signed declaration under penalty of perjury that you are the individual whose Personal Information is the subject of the request. If the Company cannot verify your identity, the Company may deny your request. The Company will use information provided for verification solely to verify your identity and maintain records of your request.
15.5. Authorized Agents.
Where permitted by applicable law, you may designate an authorized agent to submit a request on your behalf. The Company may require the authorized agent to provide written permission signed by you and may require you to verify your identity directly with the Company and confirm that you provided the agent permission to submit the request, unless the agent provides a valid power of attorney. The Company may deny a request from an agent that does not submit proof of authorization.
15.6. Response Timing.
The Company will respond to verified requests within the time required by applicable law, which is generally forty-five (45) days after receipt of the request. Where permitted by applicable law, the Company may extend that period, in which case the Company will notify you of the extension and the reason for it.
15.7. Limitations.
The Company may deny or limit a request, in whole or in part, where permitted by applicable law, including where the Company cannot verify your identity; the request is manifestly unfounded, excessive, or repetitive; or the Company must retain the information to complete a transaction, provide the Services, prevent fraud, comply with a legal obligation, or establish, exercise, or defend legal claims. Where permitted by applicable law, the Company is not required to respond to more than two (2) access requests from the same individual in any twelve (12) month period, and may charge a reasonable fee for or decline requests that are manifestly unfounded, excessive, or repetitive.
15.8. Appeals.
If the Company declines to take action on your request, you may appeal the decision by emailing amanda@kindredmomentum.org with the subject line “Privacy Request Appeal” within forty-five (45) days after receiving the Company’s decision. The Company will respond to your appeal within the time required by applicable law. If the Company denies your appeal, you may contact the attorney general of your state of residence.
15.9. Non-Discrimination.
The Company will not discriminate against you for exercising any of the rights described in this Privacy Policy. However, where permitted by applicable law, the Company may offer different prices, rates, or levels or quality of goods or services where the difference is reasonably related to the value of your Personal Information or is offered in connection with a bona fide loyalty, rewards, discount, or similar program. Certain features of the Services may be unavailable if you request deletion of, or decline to provide, Personal Information necessary to provide those features.
16.1. Nevada Opt-Out Rights.
Chapter 603A of the Nevada Revised Statutes permits Nevada residents to opt out of the sale of certain covered information. The Company does not sell covered information, as defined under that law. Nevada residents may nevertheless submit a request by emailing amanda@kindredmomentum.org.
The Company is committed to making this Privacy Policy accessible to individuals with disabilities. To request this Privacy Policy in an alternative format, please contact the Company as described in the “Contact Us” Section of this Privacy Policy.
18.1. Terms of Use.
Any dispute arising out of or relating to this Privacy Policy or the Company’s privacy practices is subject to the Company’s Terms of Use, including the dispute resolution, arbitration, class action waiver, and limitation of liability provisions of the Terms of Use.
18.2. Governing Law and Venue.
To the extent not governed by the Terms of Use, this Privacy Policy is governed by the laws of the State of North Carolina, without regard to conflict of laws principles, except to the extent the laws of your jurisdiction of residence mandatorily apply, and, except where prohibited by applicable law, any action arising out of or relating to this Privacy Policy must be brought exclusively in the state courts located in Wake County, North Carolina, or the United States District Court for the Eastern District of North Carolina, and you consent to the personal jurisdiction of those courts.
19.1. Updates.
The Company may update this Privacy Policy from time to time in its discretion. The Company will post the updated Privacy Policy on the Website and revise the “Last Updated” date at the top of this Privacy Policy. Each update is effective upon posting unless otherwise stated.
19.2. Material Changes.
If the Company makes material changes to this Privacy Policy, the Company will post notice of the changes on the Website and will provide any additional notice required by applicable law. Where applicable law requires the Company to obtain your consent before applying a material change to Personal Information collected before the change, the Company will obtain that consent.
19.3. Continued Use.
To the fullest extent permitted by applicable law, your continued access to or use of the Services after an updated Privacy Policy becomes effective constitutes your acknowledgment of the updated Privacy Policy. You are responsible for periodically reviewing this Privacy Policy.
If you have questions or comments about this Privacy Policy or the Company’s privacy practices, or wish to exercise any of your rights, please contact the Company at:Email: amanda@kindredmomentum.org
