Privacy Policy

Effective date: 12/16/2024

At KISS, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.

Remember that your use of KISS' Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

You may print a copy of this Privacy Policy by clicking here.

As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. We will alert you of material changes by placing a notice on the KISS website, by sending you an email and/or by some other means. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

Privacy Policy Table of Contents

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. "Personal Data" means any information that identifies or relates to a particular individual and also includes information referred to as "personally identifiable information" or "personal information" or "sensitive personal information" under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don't own or control or people we don't manage.

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Category of Personal Data (and Examples)

Business or Commercial Purpose(s) for Collection

Categories of Third Parties With Whom We Disclose this Personal Data

Profile or Contact Data such as first and last name, email, phone number and mailing address.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Corresponding with You
  • Service Providers
  • Business Partners

Payment Data such as financial account information and payment card type.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Corresponding with You
  • Service Providers (specifically our payment processing partner, currently Shopify, Inc. ("Shopify") and PayPal, Inc. ("PayPal"))

Commercial Data such as purchase history and consumer profiles.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Corresponding with You
  • Service Providers
  • Advertising Partners

Device/IP Data such as IP address, device ID, domain server and type of device/ operating system/ browser used to access the Services.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Corresponding with You
  • Service Providers
  • Advertising Partners

Web Analytics such as web page interactions, referring webpage/source through which you accessed the Services, non-identifiable request IDs, statistics associated with the interaction between device or browser and the Services and browsing or search history.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Corresponding with You
  • Service Providers
  • Advertising Partners
  • Business Partners

Social Network Data such as email, phone number and IP address.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Corresponding with You
  • Service Providers
  • Advertising Partners
  • Business Partners

Consumer Demographic Data such as age and/or date of birth, zip code, gender, race and ethnicity.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Corresponding with You
  • Service Providers
  • Business Partners

Geolocation Data such as IP-address-based location information and GPS data.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Service Providers
  • Advertising Partners

Biometric Data such as faceprints.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Service Providers
  • Business Partners

Sensory Data such as photos, videos, or recordings of you and/or of your environment.
  • Providing, Customizing and Improving the Services
  • Service Providers
  • Business Partners

Categories of Data Considered "Sensitive" Under the State Privacy Laws (as defined below) such as:

  • Race or ethnic origin
  • Biometric data
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Service Providers

Inferences Drawn From Other Personal Data Collected such as attributes, user behavior, and predispositions.
  • Providing, Customizing and Improving the Services
  • Marketing the Services
  • Service Providers
  • Advertising Partners
  • Business Partners

Other Identifying Information that You Voluntarily Choose to Provide such as emails, letters, and texts you send us.
  • Service Providers


Our Commercial or Business Purposes for Collecting Personal Data

  • Providing, Customizing and Improving the Services
    • Creating and managing your account or other user profiles.
    • Processing orders or other transactions; billing.
    • Providing you with the products, services or information you request.
    • Meeting or fulfilling the reason you provided the information to us.
    • Providing support and assistance for the Services.
    • Improving the Services, including testing, research, internal analytics and product development.
    • Personalizing the Services, website content and communications based on your preferences.
    • Doing fraud protection, security and debugging.
    • Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws.
  • Marketing the Services
    • Marketing and selling the Services.
    • Showing you advertisements, including interest-based, online behavioral or targeted advertising.
  • Corresponding with You
    • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about KISS or the Services.
    • Sending emails and other communications according to your preferences.

Biometric Processing

If you elect to use one of KISS's virtual try on features, we may collect, process, and store image(s) of you that potentially fall under the definitions of "biometric identifiers" or "biometric information" under certain laws, including the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq. and Texas Capture or Use of Biometric Identifier Act ("CUBI"), Bus. & Com. § 503.001 et seq. Any collection of biometric identifiers and biometric information are for the sole purpose of assisting you in viewing how certain products look on your facial features. We will not disclose or disseminate any biometric identifiers or biometric information to any entity, other than those contracted parties that assist us in providing this service to you, or as required by applicable federal, state or local law, or required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.

We will retain any biometric identifiers or biometric information for the limited period of time required to provide you with the virtual try-on feature that you have requested that shall not exceed six months. We use appropriate technical, administrative, and physical safeguards to store, transmit, and protect from disclosure any biometric identifiers or biometric information collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same or more protective than the manner in which we store, transmit, and protect from disclosure other confidential and sensitive information.

Other Permitted Purposes for Processing Personal Data

In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, KISS or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

  • You

    • When you provide such information directly to us.
      • When you create an account or use our interactive tools and Services.
      • When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
      • When you send us an email or otherwise contact us.
    • When you use the Services and such information is collected automatically.
      • Through Cookies (defined in the "Tracking Tools, Advertising and Opt-Out" section below).
      • If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
  • Third Parties
    • Vendors
      • We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
      • We may use vendors to obtain information to generate leads and create user profiles.
    • Advertising Partners
      • We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.
    • Third-Party Credentials
      • If you provide your third-party account credentials, such as your social network account credentials, to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.

How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a "sale" of your Personal Data. For more information, please refer to the state-specific sections below.

  • Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
    • Hosting, technology and communication providers.
    • Analytics providers for web traffic or usage of the site.
    • Security and fraud prevention consultants.
    • Support and customer service vendors.
    • Product fulfillment and delivery providers.
    • Payment processors.
      • Our payment processing partners Shopify, Inc. ("Shopify") and PayPal, Inc. ("PayPal") collect your voluntarily-provided payment card information necessary to process your payment.
      • Please see Shopify's and PayPal terms of service and privacy policy for information on its use and storage of your Personal Data.
  • Advertising Partners.These parties help us market our services and provide you with other offers that may be of interest to you. They include:
    • Ad networks.
    • Marketing providers.
  • Business Partners.These parties partner with us in offering various services. They include:
    • Businesses that you have a relationship with.
  • Parties You Authorize, Access or Authenticate.
    • Third parties you access through the services.
    • Social media services.

Legal Obligations

We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under "Other Permitted Purposes for Processing Personal Data" section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.

Tracking Tools, Advertising, and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, "Cookies") to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data- usually text files - placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

Please note that because of our use of Cookies, the Services do not support "Do Not Track" requests sent from a browser at this time.

We use the following types of Cookies:

  • Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
  • Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services' content for those who engage with our advertising. For example, Google LLC ("Google") uses cookies in connection with its Google Analytics services. Google's ability to use and disclose information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google's use of Cookies by visiting the Google advertising opt-out page at https://www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
  • Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled "Information about Interest-Based Advertisements."

You can decide whether or not to accept Cookies through your internet browser's settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can email us at help@kissusa.com. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit https://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

Session Replay Technology

We may use session replay technology in order to identify and resolve customer issues, to monitor and analyze how you use our Services, to better understand user behavior, and to improve our Services. By continuing to use the Services, you consent to the use of session replay technology. If you would like to change your settings with respect to session replay technology, you can email us at help@kissusa.com.

Information about Interest-Based Advertisements

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors ("Interest-Based Ads"). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users' activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a "web beacon") from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

Data Security

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

Data Retention

We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

  • We retain your profile information and credentials for as long as you have an account with us.
  • We retain your payment data for as long as we need to process your purchase or subscription.
  • We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at help@kissusa.com.

U.S. State Consumer Privacy Rights

If you reside in certain U.S. states such as California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia you may have certain rights afforded to you (as described below) depending on your state of residence. Please see the "Exercising Your Rights under U.S. State Privacy Laws"

If you have any questions about this section or whether any of the following rights apply to you, please contact us at help@kissusa.com.

  • Access: You may have the right to request confirmation of or access to the Personal Data that we process about you. You can also request access to a portable copy of your Personal Data. If you are an Oregon resident, you also have the right to request a list of specific third parties, other than natural persons, to which we has disclosed your Personal Data.
  • Deletion: You may have the right to request that we delete the Personal Data that we have collected about you.
  • Correction: You may have the right to request that we correct any inaccurate Personal Data we have collected about you.
  • Portability: You may have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

"Selling," "Sharing," or "Targeted Advertising"

Depending on your state of residence, you may have the right to opt out from the (1) selling, (2) sharing, or (3) processing for the purposes of targeted advertising of your Personal Data. These or similar terms may be defined differently depending the applicable U.S. State Privacy Law. For example, in some states, "selling" is defined as the exchange of Personal Data for monetary or other valuable consideration, while in other states, "selling" only includes the exchange of Personal Data for monetary consideration. Additionally, in California, "sharing" is defined as the disclosure of Personal Data for cross-contextual behavioral advertising (or targeted advertising in other states).

You have the right to opt-out of the sale or share of your Personal Data by following the instructions in the "Exercising Your Rights under U.S. State Privacy Laws" section. Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months.

As described in the "Tracking Tools, Advertising and Opt-Out" section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under certain U.S. State Privacy Laws, disclosing your data through third party Cookies for targeted advertising or cross-context behavioral advertising may be considered a "sale" and/or "share" of your Personal Data. For clarity, when we use the term "sell," we mean for valuable consideration and not for any monetary value.

We sell or share your Personal Data to the following categories of third parties:

  • Advertising Partners

Over the past 12 months, we have sold or shared the following categories of your Personal Data to categories of third parties listed above:

  • Product purchase information

To our knowledge, we do not sell or share the Personal Data of minors under 16 years of age.

Processing of Sensitive Personal Data

You may provide us with Personal Data that could be deemed "sensitive" under certain U.S. State Privacy Laws ("Sensitive Personal Data"). The categories of Sensitive Personal Data we collect and our purposes for collecting such Sensitive Personal Data is described in the "Categories of Personal Data We Collect" section above.

Depending on your state of residence, you may either have the right to opt-in, the right to opt-out, or if you are a California resident, the right to limit our use of your Sensitive Personal Data to permitted purposes, by following the instructions in the "Exercising Your Rights under U.S. State Privacy Laws" section. If you are a California resident, please note that our use and disclosure of Sensitive Personal Data are limited to the permitted purposes set forth in section 7027(m) of the CCPA regulations, including: 1) performing the services or providing the goods reasonably expected, 2) preventing, detecting, and investigating security incidents, 3) resisting malicious, deceptive, fraudulent, or illegal actions, 4) ensuring physical safety of natural persons, 5) for short-term transient use, 6) performing services on behalf of the business, 7) verifying or maintaining quality or safety of a product or service, and 8) collecting or processing Sensitive Personal Data but not for the purpose of inferring characteristics. Therefore, we do not offer a way for you to submit such a request.

Automated Decision Making and Profiling

Depending on the state of your residence, you may have the right to opt-out the use of automated decision making technology or from the processing of your Personal Data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects to you, if applicable. However, we do not process your Personal Data in this manner.

Anti-Discrimination

We will not discriminate against you for exercising your rights under applicable privacy laws. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under applicable privacy laws. However, we may offer different tiers of our Services as allowed by applicable data privacy laws with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Exercising Your Rights under U.S. State Privacy Laws

To exercise the rights described in this Privacy Policy, you or, if you are a California, Colorado, Connecticut, Montana, Oregon, or Texas resident, your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data (such as your Contact or Profile Data), and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a "Valid Request." We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within the time period required by applicable privacy laws. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

Request to Opt-Out of Sale, Share, and/or Targeted Advertising

As applicable, you may opt-out from any "sales," "shares," or targeted advertising through Cookies, by using the following methods:

  • By accessing your cookie consent mechanism by emailing us at help@kissusa.com.
  • By implementing the Global Privacy Control or similar universal privacy control that is legally recognized by a government agency or industry standard and that complies with applicable State Privacy Laws. The signal issued by the control must be initiated by your browser and applies to the specific device and browser you use at the time you cast the signal. Please note this does not include Do Not Track signals.

Request to Withdraw Consent for or Opt-Out from the Processing of Sensitive Personal Data

If you are a resident of another state, you may withdraw your consent or opt-out from our processing of your Sensitive Personal Data depending on the applicable US Privacy State Laws. You can do so by using the following methods:

Request to Access, Delete, or Correct

As applicable, you may submit a Valid Request for any other rights afforded to you in this Privacy Policy by using the following methods:

If you are a California, Colorado, Connecticut, Montana, Oregon, or Texas resident, you may also authorize an agent (an "Authorized Agent") to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Appealing a Denial

If you are a Colorado, Connecticut, Montana, Oregon, Texas, or Virginia resident and we refuse to take action on your request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the State Privacy Laws (as applicable). We will respond to your appeal within the time period required under the applicable law. You can submit a Verified Request to appeal by the following methods:

If we deny your appeal, you have the right to contact the Attorney General of your State, including by the following links: Colorado,  Connecticut , Montana,  Oregon, Texas , and Virginia.

Financial Incentive and Bona Fide Loyalty Program

California Financial Incentive and Colorado Bona Fide Loyalty Program

We offer a loyalty program, our VIP Club, that may offer you financial incentives, including rewards, offers, payments and discounts to you as compensation for the collection of your Personal Data. Because these programs may involve the collection of Personal Data and offering of certain benefits, they might be interpreted as a "financial incentive" program under California law or a "bona fide loyalty program" under Colorado law.

Withdrawing From Financial Incentive Program

You may revoke your consent to participate in our financial incentive program at any time using the same online form at https://www.kissusa.com/pages/contact.

Value of Consumer Data

We estimate the value of consumers' data to be the value of the free or discounted products, services, or other benefits that you obtain or that are provided to you as part of the VIP Club, less expenses. We have made the above good faith estimate of the value of consumers' data based on the marginal value to the business of the sale, collection, or deletion of a consumer's data and the revenue generated by the business from sale, collection, or retention of consumers' personal information.

Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties' direct marketing purposes; in order to submit such a request, please contact us at help@kissusa.com.

Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about "Do Not Track," you can visit https://www.allaboutdnt.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. You can exercise this right by contacting us at help@kissusa.com with the subject line "Nevada Do Not Sell Request" and providing us with your name and the email address associated with your account.

European Union and United Kingdom Data Subject Rights

EU and UK Residents

If you are a resident of the European Union ("EU"), United Kingdom ("UK"), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the "GDPR") with respect to your Personal Data, as outlined below.

For this section, we use the terms "Personal Data" and "processing" as they are defined in the GDPR, but "Personal Data" generally means information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. KISS will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at help@kissusa.com. Note that we may also process Personal Data of our customers' end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

Personal Data We Collect

The "Categories of Personal Data We Collect" section above details the Personal Data that we collect from you.

Personal Data Use and Processing Grounds

The "Our Commercial or Business Purposes for Collecting Personal Data" section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our "legitimate interests" or the legitimate interest of others, as further described below.

  • Contractual Necessity: We process the following categories of Personal Data as a matter of "contractual necessity", meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
    • Profile or Contact Data
    • Payment Data
  • Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:
    • Profile or Contact Data
    • Commercial Data
    • Device/IP Data
    • Web Analytics
    • Social Network Data
    • Consumer Demographic Data
    • Geolocation Data
    • Biometric Data
    • Sensory Data
    • Inferences Drawn from Personal Data
    • We may also de-identify or anonymize Personal Data to further our legitimate interests.
  • Examples of these legitimate interests include (as described in more detail above):
    • Providing, customizing and improving the Services.
    • Marketing the Services.
    • Corresponding with you.
    • Meeting legal requirements and enforcing legal terms.
    • Completing corporate transactions.
  • Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
  • Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Disclosing Personal Data

The "How We Disclose Your Personal Data" section above details how we disclose your Personal Data with third parties.

EU, UK and Swiss Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at help@kissusa.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

  • Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can complete the online form found here https://www.kissusa.com/pages/contact to request more information about the Personal Data.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can complete the online form found here https://www.kissusa.com/pages/contact to correct the information.
  • Erasure: You can request that we erase some or all of your Personal Data from our systems.
  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
  • Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
  • Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
  • Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
  • Right to File Complaint: You have the right to lodge a complaint about KISS' practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

Transfers of Personal Data

The Services are hosted and operated in the United States ("U.S.") through KISS and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to KISS in the U.S. and will be hosted on U.S. servers, and you authorize KISS to transfer, store and process your information to and in the U.S., and possibly other countries. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

If you are located in the EU or UK, you may use the following information to contact our EU Based Member Representative:

  • EU Member Representative: