The Born To Influence Privacy Notice
Effective Date: February 1st 2024
1. Introduction
Welcome! You have arrived at a website owned and operated by Kiss Media International, Inc, doing business as Born To Influence, or our affiliates (“Born To Influence,” “we”, “our” or “us”).
At Born To Influence, we take your privacy very seriously. This Privacy Notice (“Notice”) describes the types of personal information (as defined below) that we collect, how we use it, how and when we share it, and the rights you have with respect to your information. It also explains how we communicate with you and how you can make inquiries and requests to us about your information. We strive to help you understand how we use your information to improve our products, services, marketing, and interactions with you, as part of our commitment to maintaining your trust.
2. Scope
This Notice applies when you:
- use or access a website or landing page owned or operated by Born To Influence or that links to this Notice, including, but not limited to borntoinfluence.com, borntoinfluence.samcart.com, learn.borntoinfluence.com,
training.borntoinfluence.com, quiz.borntoinfluence.com, estherkiss.com and their subdomains or portals (the “Sites”); - use a product or attend a workshop from Born To Influence; or
- otherwise provide Personal Information or interact with us online or in-person.
For the purpose of this Notice, “Personal Information” means any personal information relating to an identified or identifiable individual that is protected by applicable privacy laws. We refer to all of the above as “Services.” By using the Services, you agree to our Terms of Service.
Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Services if that Personal Information is necessary to provide you with the Services or if we are legally required to collect it.
If you have any questions about this Privacy Notice, please contact us at [email protected].
3. What Information We Collect
This section describes what information we collect from you through our Sites or Services. We may receive information (including Personal Information) in the following ways:
Information That You Provide to Us
As you interact with our Sites or Services such as when you attend a workshop, take a quiz, assessment or survey, fill out a form, or make a purchase on the Sites, we may collect the following Personal Information via webforms on our Sites, and through emails and other communications with you:
- Contact and account information. We may collect information such as your first and last name, email address, home or business address, telephone numbers, mobile numbers and password;
- Quiz, assessment and survey information. When you take one of our quizzes, assessments or surveys, we may collect information such as your business/industry, company name, title, company revenue and other information provided.
- Financial information. We may collect information such as your credit card or debit card number, bank account information and your payment, service and purchase history;
- Social media information. We may collect information such as social media handles, content and other data shared with us through third-party features that you use on our Sites or Services (such as tools, payment services, widgets and plug-ins offered by social media services like Facebook, Instagram, Twitter and Pinterest) or posted on social media pages (such as our social media page or other pages accessible to us);
- Employment information. If you apply for employment with us, we may collect information such as your current or past employment or educational information, as well as references and referrals provided to us in connection with your employment applications; and/or
- Other information. We may collect other information that could reasonably be used to identify you personally or identify your household or device.
Your decision to provide us with Personal Information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of all the features of the Sites or Services.
Information That Is Automatically Collected
Like many businesses, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Sites or Services (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Sites. Usage Information may include:
- Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier;
- Your Device functionality (including browser, browser language, settings and behavior, operating system, hardware, mobile network information);
- Referring and exit web pages and URLs;
- The areas within the Sites that you visit and your activities there, including remembering you and your preferences;
- Your Device location or other location information, including the zip code, state or country from which you accessed the Services;
- Your Device characteristics;
- Certain other Device data, including the time of day you visit our Sites or other information used to provide analytics or other usage information;
- Information about your engagement with our emails; and
- Statistical information about how both unregistered and registered users, collectively, use the Sites and Services. This aggregate information is derived from Personal Information but cannot be tied back to you or your web browser.
Our websites automatically records this Usage Information about you and store it in log files. We combine this automatically collected information with other information we collect about you. We do this to offer special discounts and to improve our marketing, analytics, and site functionality.
Information Collected from Third Parties
The Sites may include functionality that allows certain kinds of interactions between the Sites and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us. For example, we might get inbound Personal Information from Born To Influence Affiliates who send us business leads from their lists. We might also obtain information about the traffic and usage of Born To Influence from third parties. These third parties also use cookies and other tracking technologies to capture information about your interactions with Born To Influence. Born To Influence does not have control over the information that is collected, used, and shared by these third parties. We encourage you to review the privacy statements of these third parties to understand their privacy practices.
4. How We Use Your Information
We use your information for business and commercial purposes, including to use or browse the Sites, to offer our Services, to provide you with customer service, to prevent security and fraud, to provide marketing information about our products and services, and to perform website analytics.
We may use the information we collect about you in a variety of ways, including to:
To Provide Our Services
We process certain Personal Information when you access our Site or use our Services such as taking our quizzes, assessments or surveys, attending our workshops, webinars, classes, or using our digital information products. We use your Personal Information to:
- create and verify user accounts;
- process your purchases of, or requests for, our Services;
- deliver the results of a quiz, assessment or survey to a user/respondent;
- facilitate the functionality of our Sites; and
- customize experiences and personalization when you are on our Sites.
To Communicate with You
We process certain Personal Information in order to communicate with you in relation to you about your accounts, or about our quizzes, assessments, surveys, workshops, webinars, classes and digital information products. Specifically, we:
- communicate with you about your account, orders or purchases;
- respond to your customer service inquiries and requests for information;
- post your comments or statements on our Sites;
- send you personalized promotions, content, and special offers;
- communicate with you about upcoming workshops, webinars, classes and events, as well as new digital information products; and
- implement your communications preferences, such as sharing information with our business partners so that they may email you about their promotions, products and initiatives.
To Improve Our Sites or Services
We want to ensure that our Sites and Services are continually improving and expanding so that we meet and exceed your expectations. To do so, we may process certain Personal Information, including to:
- maintain, improve, and analyze our Sites or Services; and
- detect, prevent, or investigate suspicious activity or fraud.
To Comply with Applicable Laws
We may be required to process certain Personal Information under certain laws and regulations, such as tax laws, as well as to:
- maintain appropriate records for internal administrative purposes; and
- comply with applicable legal and regulatory obligations, and respond to lawful governmental requests, as needed.
To Enforce our Terms, Agreements, or Policies
To maintain a safe, secure, and trusted environment for you when you use our Sites and Services, we use your Personal Information to ensure our terms, policies, and agreements with you and any third parties are enforced.
To Evaluate Your Application for Employment
We may use your information to evaluate your application for employment or administer employment benefits.
With Your Consent
We may process certain Personal Information in order to fulfill any other business or commercial purposes at your direction or with your consent.
5. Use of Cookies
We use cookies and other tracking technologies to personalize your experience, analyze user trends, and improve the Services. These tracking technologies allow us to collect information such as your device type, browser type, interactions with our Sites, geographic location, your web request, the date and time of your web request, your Internet Protocol address, the domain name of your Internet service provider and other data. If you can be identified from this information, for example by combination with other pieces of information, then we will treat this information as Personal Information.
You can alter the configuration of your browser to refuse to accept cookies, but it is possible that doing so may cause limited functionality of the Sites. For example, we may not be able to recognize your computer or device, and you may need to log in every time you visit.
We may use “cookies” (a small text file sent by your computer each time you visit our site) or similar technologies to record log data. Many browsers default to accepting cookies. You may be able to change this setting in your browser and you can also clear your cookies. If you do, you may lose some functionality of our site. Check your browser’s help function to learn more about your cookie setting options.
We may use the following types of cookies:
- Strictly necessary cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
- Functionality cookies. These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.Performance cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
- Targeting cookies. These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
- Social Media cookies. These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.
Other data technologies may be used that collect comparable information for security and fraud detection purposes.
If you have any questions about cookies or to generally find out more about cookies, visit this site.
6. Your Choices
Cookies
On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
Do Not Track
Your browser may offer you a “Do Not Track” (“DNT”) option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites and platforms. There is no universally agreed-upon standard for what an organization should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here.
Communication Preferences
With your consent, Born To Influence communicates with you via a variety of digital media, including emails and text messages. (Mobile message and data rates from your carrier may apply). To help us make e-mails more useful and interesting, we use pixels that enable us to see if you open e-mails from us, if your computer supports such capabilities. You can opt out of receiving emails from us at any time. To manage your communications preferences with Born To Influence — or to opt out of communications entirely — please unsubscribe at the bottom of our emails or contact us at [email protected].
Analytics
We use Google Analytics to help us understand how our customers use the Sites. You can read more about how Google uses your Personal Information here. You can also opt-out of Google Analytics here.
7. How We Share Your Information
Services Providers
We share your Personal Information with our third-party service providers who provide services such as website hosting, payment processing, online chat functionality, data analysis, information technology, customer service, email delivery, online advertising, auditing, event planning and other services.
Third Party Advertising
We share information about your use of our Sites and Services, and your interaction with our ads on other websites with our advertising partners to provide you with targeted advertisements or marketing communications we believe may be of interest to you. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other technologies (which you may consent to, depending on your location).
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page here.
You can opt out of targeted advertising by visiting the following:
The Born To Influence Affiliates
We may share your Personal Information such as contact information and purchase information and aggregated information with Born To Influence Affiliates who provide products and services that may appeal to you.
We may also make some content, products and services available through our Sites or by emailing messages to you through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Sites in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.
Other
Aside from the instances described above, we may share your Personal Information:
- to comply with the law;
- to respond to claims or comply with legal process served on Born To Influence (e.g., a lawful subpoena, warrant, or court order);
- to enforce or apply our policies or agreements;
- to protect and defend our rights or property or that of our customers, employees, visitors, or the public;
- in connection with a business transfer, sale, liquidation, or merger;
- if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure; and
- with your consent
8. Third Party Links
Out Sites may contain links to other websites such as social media platforms, other websites, and event and partner websites. These websites are not covered by this Privacy Notice. Please review the Privacy Notices or Policies of those websites to understand the privacy practices of these third parties.
9. International Transfers of Personal Information
The Sites is operated in the United States. If you are located in another jurisdiction, please know that your information will be transferred to, stored, and processed in the United States. By using the Sites and providing us with information, you consent to this transfer, processing and storage of your information in the United States. It is important to note that the privacy laws in the United States may not be as comprehensive as those in other countries such as those in the European Union (“EU”). Our service providers use appropriate safeguards to transfer your Personal Information to the United States.
10. Security
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Where we have given you (or where you have chosen) a password so that you can access certain areas of our site, you are responsible for keeping this password confidential. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us at [email protected].
11. Your Rights Under the General Data Protection Regulation
This section of our Privacy Notice applies if you are a data subject who resides or is located in the European Economic Area (“EEA”). We adopted this Policy to comply with European privacy laws, including the General Data Protection Regulation (“GDPR”). Any terms defined in the GDPR have the same meaning when used in this Section.
We hope to ensure that the Personal Information we possess are always accurate and therefore we encourage you to update your information in your own account in case any changes have occurred. We have listed below the rights that you may be able to exercise in respect of the processing of your Personal Information, subject to applicable law. We take every reasonable step to ensure that the Personal Information that we process are limited to the Personal Information that are reasonably required in connection with the purposes set out in this Privacy Notice.
If you are a resident of or located within the EEA, you have certain data protection rights. These rights include:
- The right to access, update or delete the information we have collected from you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at the contact information below.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Information.
- The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where Born To Influence relied on your consent to process your Personal Information.
Data Controller
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of Personal Information. In most instances, Born To Influence is the data controller for processing Personal Information provided to us through the Sites.
Legal Basis for Processing Personal Information
We rely on the following legal bases for processing your Personal Information:
- Processing of your Personal Information that you provide to us when you interact with our Site or Services, such as logging into your account or purchasing one of our programs, is necessary to respond to or implement your request prior to entering into a contract with us.
- When you apply for employment through our Sites, processing of your contact details and data about your employment history and education (as needed to evaluate your job application, to conduct job interviews, and as is otherwise needed for recruitment) is necessary to respond to your request to process your application for employment. If you do not provide this data, we will not be able to process the application that you send through our Sites.
- We use account-related data to set up accounts for users in our platform and to administer and support those accounts (such as usernames, email address and billing information), provide you with access to the Services, contact you regarding your use of the Services or to notify you of important changes to the Services. Such use is necessary for the performance of the contract between you and us.
- We will send you information by email on our new services or other promotions only with your consent or if you otherwise opt-in to receiving those communications. If you do not provide us with your consent to the processing of your Personal Information for this purpose, we will not send you this information. You have the right to withdraw your consent at any time as described below.
- Our use of data relating to your use of the Sites and/or the Services, described above, is necessary for our legitimate interests in understanding how the Sites and the Services are being used by you, to improve your experience on it and our Services offerings. We have also a legitimate interest in aggregating and/or anonymizing the information that we collect through our Sites and/or the Services and using this information for our business purposes, as described above. When we process your Personal Information for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate business interests do not automatically override your interests – we will not use your Personal Information for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object to processing that is based on our legitimate interests, as further described below.
Retention of Personal Information
Born To Influence will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Notice. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
All information you provide to us is stored on our secure servers or those of our third-party data storage providers.
Exercising Your Rights Under GDPR
If applicable, you may exercise any of your rights under the GDPR by submitting a verifiable data subject request to us by using the contact details below. You may make a request related to your Personal Information or on behalf of someone for which you have authorization. You must include your full name, email address, and attest to the fact that you are a citizen or resident of the EEA by including your country of citizenship or residence in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in the EEA in order to obtain the information. We will respond to your request within 30 days or let you know if we need additional time.
Please note that we will ask you to verify your identity before responding to such requests, and we may deny your request if we are unable to verify your identity or authority to make the request.
Should you wish to raise a concern about our use of your data (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of your Personal Information first by contacting us as follows:
Kiss Media International, Inc
2740 SW Martin Downs Blvd #269
Palm City, FL 34990, USA
Email: [email protected]
12. Your Rights Under the UK GDPR
If you are based in the United Kingdom, the following provisions also apply:
UK GDPR means the Retained Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
If we share your personal data within Born To Influence or with third parties located outside the United Kingdom, we take steps to ensure that appropriate safeguards are in place to guarantee the continued protection of your personal data, such as by entering into the international data transfer addendum to the European Commission’s Standard Contractual Clauses, adopted by the UK Government under section 119A of the Data Protection Act 2018.
You have the same data subject rights as those for the EU listed above, except that references to the “GDPR” should be read as references to the “UK GDPR” and complaints should be filed with the UK supervisory authority, the Information Commissioner’s Office.
13. Your California Privacy Rights
This section of our Privacy Notice applies to consumers who reside in California. We adopt this section to comply with the California Consumer Privacy Act (“CCPA”).
If you are a California resident, you may be able to exercise the following rights. We will honor requests received to the extent required by applicable law and within the time provided by law
Right to Access and Information Regarding Personal Information
You have the right to request that we disclose to you the categories and specific pieces of Personal Information we have collected about you. Specifically, you have the right to request that we disclose the following to you, in each case in the twelve-month period preceding your request:
- The categories of Personal Information we have collected about you;
- The categories of sources from which the Personal Information is collected;
- Our business or commercial purpose for collecting or selling Personal Information;
- The categories of third parties with whom we share Personal Information;
- The specific pieces of Personal Information we have collected about you;
- The categories of Personal Information about you, if any, that we have disclosed for monetary or other valuable consideration and the categories of third parties to which we have disclosed the information, by category or categories of Personal Information for each third party to which we disclosed the Personal Information; and
- The categories of Personal Information about you that we disclosed for a business purpose.
Right to Deletion of Personal Information
You have the right to request that we delete Personal Information about you that we have collected from you. There may be certain exceptions to our obligation to delete your information such as if you have an existing account or transaction with us or if we have a legitimate business reason to keep your information.
Right to Opt-Out
You have the right to opt out of the sale of Personal Information. We do not sell Personal Information, but we recognize that some privacy laws define “personal information” in such a way that making available identifiers linked to you for a benefit may be considered a “sale.” To opt-out of this, please click on this link: Cookie Preferences Cookie Settings
Right to Non-Discrimination
We may not discriminate against you because you have exercised any of the aforementioned rights, including by:
- Denying you goods or services;
- Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Providing you a different level or quality of goods or services; or
- Suggesting that you will receive different price or rate for goods or service or at a different level or quality of goods or services.
However, as permitted by the CCPA, we may offer you certain financial incentives. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may withdraw at any time.
Personal Information We Collect about California Consumers
We collect certain types of Personal Information about you during your relationship with us, as stated above. In particular, we collected the following categories of Personal Information from California consumers within the last twelve (12) months:
Requests to Exercise Your Rights
You or your authorized agent may make a request to access, correct, delete or opt-out of the disclosure of your Personal Information for business purposes. You may also make a verifiable consumer request on behalf of your minor child if you believe we have received their information inadvertently. You may request to exercise the aforementioned rights by:
- Submitting a request to: [email protected].
- Sending a request via mail to:
Kiss Media International, Inc
2740 SW Martin Downs Blvd #269
Palm City, FL 34990, USA
Please note that we may take steps to verify your identity and residency before granting you access to information or acting on your request to exercise your rights, as required or permitted by law. If you use an authorized agent, we may require proof of written authorization you have given to make the request. We may limit our response to your exercise of the above rights as permitted by law. We will confirm receipt of the request within 10 business days describing our verification process. We will respond to your request within 45 days or let you know if we need additional time.
Data Sharing for Direct Marketing Purposes
California Civil Code § 1798.83 further permits California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your Personal Information with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us at [email protected].
14. Children’s Privacy
Our Sites and Services are not directed at children under 18 years of age, and we do not knowingly collect or receive Personal Information from them. If you believe that we have received Personal Information from a child under the age of 18, you may contact us at [email protected] to request deletion of that information.
15. Changes to This Privacy Notice
We may change this Privacy Notice at any time. We will post all changes to this Privacy Notice on this page and will indicate at the top of the page the modified notice’s effective date. We therefore encourage you to refer to this page on an ongoing basis so that you are aware of our current privacy notice. If required by the applicable law, we will notify you of the changes. By continuing to use the Sites and/or the Services or providing us with information following such a replacement Notice being uploaded, you agree that you will be deemed to have agreed to be bound by the Privacy Notice as changed.
16. Contact Us
If you have any questions or suggestions regarding this Privacy Notice, please contact us at:
Kiss Media International, Inc
2740 SW Martin Downs Blvd #269
Palm City, FL 34990 USA
Email: [email protected]