We appreciate your interest in our Privacy Policy. KilosAvail takes the protection of your data very seriously. In this Policy you can find out what data KilosAvail collects when you use the website and how it is used.
This Privacy Policy applies to www.kilosavail.com (our “website”) operated by KilosAvail of 10 Rue Saint Jules, G1E 4W4, Québec, QC, Canada (“KilosAvail”, “us” or “we”) acting as the data controller in accordance with Canada`s Personal Information Protection and Electronic Documents Act (“PIPEDA”). As well as the EU`s General Data Protection Act (“GDPR”). If you have any questions, you can reach us using our Contact Form.
General Information
a) What is Personal Information?
Personal Information is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address. In contrast, information of a general nature that cannot be used to determine your identity is not Personal Information. This includes, for example, the number of users of a website.
b) What is Special Category Data?
Special category data is Personal Information that needs more protection because it is sensitive. This includes Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data. As well as, data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to explicitly consent to the processing.
c) What is processing?
"Processing" means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means. The term is broad and covers virtually any handling of data.
d) What are the legal bases of processing?
In accordance with the PIPEDA and GDPR, we have to have at least one of the following legal bases to process your Personal Information:
- you have given your consent,
- the data is necessary for the fulfillment of a contract / pre-contractual measures,
- the data is necessary for the fulfillment of a legal obligation or
- the data is necessary to protect our legitimate interests, provided that your interests are not overridden.
Collection of personal information
a) Log data
Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user's device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing. The legal basis for processing is our legitimate interest.
b) Content Delivery Network
We use a Content Delivery Network (CDN) to distribute our online content. Our CDN is a network of regionally distributed servers of our technical service providers connected via the Internet. When our website is visited, your device`s browser transmits information to these service providers, which is collected in corresponding server log files. Server log files are generally anonymized and then transmitted without any personal reference. Server log files include, in particular, i) details of the browser and operating system used, ii) the previously visited pages (so-called referral URL), iii) the IP address of the device used, iv) the name of the Internet provider, as well as v) the date, time of all page views including the amount of data transmitted. The legal basis for processing is our legitimate interest.
c) Hosting
To provide our website, we use the services of Hostinger International Ltd., who process all data to be processed in connection with the operation of our website on our behalf. The legal basis for the data processing is our legitimate interest in providing our website.
d) Cookies
We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies:i)Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and ii) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies).
As set out in the PIPEDA and the GDPR, we need to obtain consent for the use of Non-essential Cookies. For further information on the Cookies we use, please refer to our Cookie Policy. The legal basis for processing is our legitimate interest and your consent.
e) Contacting us
You have the option of contacting us via our Contact Form. The Personal Information transmitted to us for this purpose (e.g., name, e-mail address and the content of your message) are used exclusively for processing contact requests. This data is not passed on to third parties nor published and the legal basis for processing is your consent.
f) Account and registration
If you create an account with us, we will collect and store the data you enter during registration (e.g., your name, phone number, country and city, email and password) exclusively for contractual services, for the fulfillment of the contract or for the purpose of customer care. At the same time, we also store your IP address and the date of your registration together with the time of day. Of course, this data will not be passed on to third parties.
Alternatively, you are able to sign up using the convenience log in and sign up from Google LLC. For convenience log in and sign up, you will be asked to provide your basic information (i.e., name, email address, and display picture) linked to your account. If granted, your username and password will be auto generated to fill in the rest of required user data. When registering via Google or Facebook convenience function, you agree to the relevant terms and conditions and consent to certain data from your respective profile of being transferred to us.
In both cases, the legal basis for the processing is your consent. You may withdraw your consent by deleting your account in the account settings, or by contacting us.
g) Posting an ad or request
Personal and Non-Personal Information will be collected, processed, or used in connection with your posted ad or request. This is always done in compliance with the provisions of the PIPEDA and GDPR. The data you provide is published on our website and the legal basis for processing is your consent. By choosing to provide this data, you consent to our processing of that data. You may withdraw your consent by deleting your post in your account, or by contacting us.
h) Other Users
When you share information in your chats, you voluntarily disclose that information to other users. Of course, we process your chats with other users as well as the content you publish, as part of the operation of the services. Please be careful with your information and make sure that you only share content that you truly agree to publish, as neither you nor we can control what others do with your information once you share it. The legal bases are to provide you with our services and your consent as well as our legitimate interest. The legal basis for processing is our legitimate interest and your consent.
Principles of processing Personal Information
a) Storage and Retention
At the time of data collection, for example in the context of a contractual relationship we process and store Personal Information from you. We process and store your Personal Information only to achieve the respective processing purpose or for as long as a legal retention period exists. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.
b) Security
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Information processed through this website.
Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Information may have been compromised as expeditiously as possible after which the breach was discovered.
c) Special Category Data
Unless specifically required when using our services and explicit consent is obtained for that service, we do not process special category data.
d) Minors
We do not request Personal Information from minors and children and do not knowingly collect such data or pass it on to third parties.
e) Automated decision-making
Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.
f) Do Not Sell
We do not sell your Personal Information.
g) Minors
We do not request Personal Information from minors and children and do not knowingly collect such data or pass it on to third parties.
h) Sharing and Disclosure
We will not disclose or otherwise distribute your Personal Information to third parties unless this is i) necessary for the performance of our services, ii) you have consented to the disclosure, iii) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.
i) International Transfer
We may transfer your Personal Information to other companies and/or business partners as necessary for the purposes described in this Privacy Policy. In doing so, your Personal Information may be transferred to so called third countries. In order to provide adequate protection for your Personal Information when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Information we transfer.
Third-party services and content
We use content or service offers of third-party providers on the basis of our legitimate interests in order to integrate their content and services ("content"). This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content.
The following provides an overview of third-party providers and their content, together with links to their privacy policies, which contain further information on the processing of data and so-called opt-out measures, if any:
- Analytics and Tracking: Google Analytics by Google LLC
- Fonts: Google Font API by Google LLC and Font Awesome by Fonticons Inc,
Your Rights and Privileges
a) Privacy rights
Under the PIPEDA, you have the following rights:
- Right to be informed
- Right to access
- Right to rectification
- Right to erasure
- Right to object/opt-out
- Right to Consent
- Right to Redressal
Under the GDPR, you can exercise the following rights:
- Right to information
- Right to rectification
- Right to object to processing
- Right to deletion
- Right to data portability
- Right of objection
- Right to withdraw consent
- Right to complain to a supervisory authority
- Right not to be subject to a decision based solely on automated processing.
If you have any questions about the nature of the Personal Information we hold about you, or if you wish to exercise any of your rights, please contact us.
b) Updating your information
If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.
c) Withdrawing your consent
You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
d) Access Request
In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Information or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the respective legal regulations mentioned above).
e) Complaint to a supervisory authority
You have the right to complain about our processing of Personal Information to a supervisory authority responsible for data protection. The competent data protection authority in Canada is: The Office of the Privacy Commissioner of Canada, 30 Victoria Street, K1A 1H3, Gatineau, Quebec, Canada (www.priv.gc.ca)
Changes and Questions
We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy or materially change our use of your Personal Information, we will revise the Privacy Policy accordingly and also change the effective date at the end of this section. We encourage you to periodically review this Privacy Policy to be informed of how we use and protect your Personal Information. If you would like to contact us regarding our privacy practices for any reason, please contact us.
Effective Date
Monday, January 1, 2024