Komba Privacy Notice

Komba, LLC (together with its related entities and subsidiaries, “Komba”, “we”, “our” or “us”) is a martial arts gym that provides training to clients of all abilities and experience levels and gives its clients access to content and services through various digital methods, including mobile applications, websites, interfaces and other connected devices and social media controlled by us (collectively, “Services”). Komba is committed to protecting our visitors’ and members’ privacy. This Privacy Notice (“Notice”) describes the types of information Komba may collect and how we may use that information to better serve visitors and members while using our mobile application (the “Application”), our Website (the “Website”) and the services offered by Komba (collectively, “Services”).

1. Application of This Notice

1.1 This Notice applies to our collection, use, and processing of your personal information. We collect, use and process your personal information when you use our Services. This includes when you use our Website or Application or communicate with us in any format, and when you interact with our advertising and applications on social media and other third-party sites and applications.

1.2 This Notice does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or Application. These companies will have their own privacy notices and you should check these notices to find out how they will use your data.

1.3 Please read this Notice carefully to understand our policies and practices regarding your information and how we will treat it.

1.4 This Notice may change from time to time (see section “Changes to this Privacy Notice” below). Your continued use of the Services after we make changes to this Notice is deemed to be acceptance of those changes, so please check this Notice periodically for updates.

1.5 If you have questions about this Notice, please contact us as described below (see section 12 “Questions and Contact Details”).

2. Children under the Age of 13

2.1 The Application and the Website are not intended for children under 13 years of age. However, due to the nature of our Services, Komba may collect and maintain information about children under the age of 13 when necessary to provide the Services requested by you, upon receipt of parental or guardian consent to process such information.

2.2 We use the information collected about children known to be under age 13 only to provide Services not for any marketing or promotional purposes.

2.3 We will disclose personal information about children if required by law, e.g., to comply with a court order or subpoena, or to protect the safety and security of members.

2.4 If you are under age 13, do not use or provide any information through the Application or the Website or through any of their features, do not make any purchases through the Application or the Website, do not use any interactive features of the Application or the Website and do not provide any information about yourself to us, including, but not limited to, your name, address, telephone number, email address or any screen name or user name you may use. If we learn that we have collected or received personal information from a child under age 13 without verification of parental or guardian consent, we will delete that information. If a child under age 13 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us as described below (see section 12 “Questions and Contact Details”).

3. Information We Collect

3.1 This section sets out when, how and why we collect your personal information. In some countries, we are required to have a legal justification for processing your information. To find out the legal justification that we rely on when processing your personal information, please see the table below.

3.2 How We Collect Information About You. We collect information about you in a variety of ways depending on how you interact with us and the Services, including: (a) directly from you when you provide it to us, (b) automatically as you navigate through the Application or the Website (information collected automatically may include device type, geolocation, usage details, IP addresses and information collected through cookies and other tracking technologies), and (3) from third parties (for example, public records search services and other business partners).

3.3 Information We Collect About You and Why. We will only collect and process personal information about you if we have a lawful reason to do so. The lawful reason we rely upon to process your personal information will generally be one of the following:

Where we need to process your personal information to perform the contract we are about to enter into or have already entered into with you;
Where We have a legal obligation to process your data, for instance for identity verification and due diligence purposes, business taxation legislation;
Where it is necessary for our legitimate interests in operating our business lawfully and effectively, managing our relationship with and providing Services to you, and to ensure the safety of our customers and other third parties; or
In certain circumstances, such as where we provide you with marketing information, where we use geolocation tracking, or where we rely on your consent to process your personal information, you have the right to refuse to give your consent or to withdraw your consent at any time. For more information on how you can withdraw your consent please see section 8.1 (“Your Choices”).

The following provides examples of the type of information that we collect in a variety of contexts and how we use that information.

Context	Types of Information	Primary Purpose for Collection and Use	Lawful Bases for Processing
Account Information	Upon registration with Komba, you are required to create a user account. We collect several types of information from you to create and identify your account, including your name, telephone number, email address, your mobile device push token identifier, your account username and password, and other information that you may provide. You may then manage your account and update this information at any time by logging into our Services with your username and password.	To administer your account and communicate with you about your account. Accounts can be used to improve and simplify your use of our Services, to customize your experience and to enable us to provide you with more relevant information and communications.	We are required to process your personal data to satisfy the contract you have entered to with Us when you registered an account. We also have a legitimate interest in managing our relationship with and providing Services to you.
Contests or Promotions	When you participate in a contest or promotion sponsored by us, we collect information about you which includes contact information to notify you if you are selected.	To communicate with you about contests or other promotions which you have entered or joined or for which you have requested information.	We have a legitimate interest in operating our contests and promotions
Correspondence	We collect records and copies of your correspondence, if you contact us in any manner (including by mail/courier, email, text or other electronic messages) and your responses to surveys that we might ask you to complete for research purposes.	To investigate and respond to and resolve complaints concerning our Services, or to provide you with customer support in order to assist you.	To perform the contract You have entered to with Us. We have a legitimate interest in receiving, and acting upon, your feedback or issues.
Fitness, Health and Medical Information	We collect certain information relating to your health that you provide to us to access the Services.	To establish training goals, programs, and monitor progress.	To perform the contract You have entered to with Us. We have a legitimate interest in operating our business lawfully and effectively, ensuring the safety of our Members and other third parties. Where required by law, we process special categories of data (e.g., information relating to your health), where you have given your consent to us doing so.
Identification Information	When you utilize Services offered by Komba, we may collect certain information to allow us to verify your identity, including your date of birth, gender, address and driving license number. We may also collect content information and from social media accounts linked to Komba and your social media handles.	To verify your identity where we are required to do so.	To perform the contract You have entered to with Us. We also have a legitimate interest in operating our business lawfully and effectively, including complying with applicable law.
Mailing	When you sign up for one of our mailing lists we collect your name and contact information (e.g., email address or postal address).	To send you news, special offers or other promotional messages we think will be of interest to you or for which you have requested information.	Where required by law, we provide you with marketing where you have given your consent. We also have a legitimate interest in sharing information about our products or services.
Service Provider Information	We collect the name, email address, telephone number, company name and company title of our third party service providers.	To communicate with our partners concerning normal business administration.	To perform the contract You have entered to with Us. We also have a legitimate interest in managing our relationships with our partners.
Payment Details	When you apply for a membership or request or purchase products or Services offered by Komba, we collect payment details you provide to us to process payments, including your credit card number, account number, sort code, expiry date and security code.	To process payments for the Services we provide to you, including processing your membership fees and payments due in relation to Services, and to process any refunds that may be due to you.	To perform the contract we are about to enter into or have already entered into with you to provide you with services and products requested by you. To comply with Our legal obligations.
Usage Information	We may collect your membership ID, class bookings, transaction history, favorite classes and instructors.	To improve the manner in which we provide Services.	To perform the contract we are about to enter into or have already entered into with you to provide you with services and products requested by you.

3.4 Automatic Data Collection. In addition to the personal information we collect from you, as you navigate through, interact with and use our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

3.4.1 Device IDs. A device ID (device identification) is a unique device identification associated with a mobile device. It may be possible to limit device ID tracking by adjusting the settings on your mobile device. However, if limit device ID tracking you may be unable to access the Application or certain features in the Application.

3.4.2 Geolocation Tracking. Mobile devices contain a GPS (global positioning system) chip that uses satellite data to calculate your geolocation. It may be possible to disable geolocation tracking by turning off the location feature in the settings on your mobile device. However, if you disable location tracking you may be unable to access the Application or certain features in the Application. Where required by law, we will obtain your consent to use geolocation tracking.

3.4.3 Cookies. When you visit our Website or Application, we collect certain information by automated means using cookies. A cookie is a small file placed on your computer or mobile device. It may be possible to refuse to accept cookies by adjusting the settings on your browser or mobile device. However, if you select this setting you may be unable to access the Application or the Website or certain features in the Application or the Website. Cookies are small text files stored on your device when you visit a website. For more information on the cookies that we use please read our Cookie Notice.

3.4.4 Web Beacons. Pages of the Website, the Application and electronic communications may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Komba, for example, to count users who have visited those pages or opened a message and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). Some web beacons may be disabled by adjusting the settings in your browser or email settings or by installing browser add-ons. However, if you disable web beacons, you may be unable to access the Application or the Website or certain features in the Application or the Website.

3.4.5 Our website may also feature links to social media websites, When using these links, or our respective pages on these providers’ platforms, we encourage you to read and refer to the service provider’s privacy notice.

3.4.6 Server Logs. A server log is a log file or several files that are automatically created and maintained by a server that track activities performed. Server logs cannot be disabled by users. We use the information listed in this section for our legitimate interests, including to troubleshoot application errors and to provide you with the most up to date application and features, to collect information about your activities over time and across third-party websites or other online services (behavioral tracking), to improve the Application and the Website and to deliver better and more personalized Services, and to determine relevant products, services, and promotions that you may be interested in (for example, this data allows us to use your location to send you push notifications about what is going on around you). Where required by law, we will obtain your consent for the deployment of cookies and similar technologies on our Services.

3.5 Your User Contributions. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Application or the Website, or to be transmitted to other users of the Application or the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Application or the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

3.6 Information That You Provide About Others. In certain circumstances we may collect other people’s information from you, such as information about your children who wish to utilize the Services – we will require you to provide their name, date of birth and passport information. Where you provide other people’s personal information, it is your responsibility to ensure that those people are happy for you to share their personal information with us, and to make them aware of how and why we use their personal information by telling them about the information contained within this Notice.

4. How We Use Your Information

4.1 We use the information we collect to provide you with products and Services. In addition to the purposes and uses described above, we use information for one or more of the following reasons:

To allow you to register an account with Us and navigate the Website and/or mobile application;
To allow us to manage our relationship with you and to allow us to contact you to keep you informed of your bookings and other requests, such as requests to change your booking details;
To contact you with reminders regarding your bookings via in-app messaging, SMS and/or email or to notify you of any disruption to your reserved Services (e.g., class cancellation);
To investigate and respond to and resolve complaints concerning our Services, or to provide you with customer support in order to assist you;
To allow us to respond to any of the rights you have, or to comply with any of the rights that you have exercised;
To send relevant marketing information to you where you have consented to receiving it;
For such other purposes as you may consent (from time to time);
As otherwise permitted or required by applicable law.

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase, we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result (and as permitted by law), our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

To provide our services, and for the purpose of preventing illegitimate use of Our services, we may carry out profiling of our customers and their activities using automated processes. If this occurs, We will always ensure that final decisions based on these profiles and information are taken by natural persons.

5. How We Share Your Information

5.1 Sharing with Third Parties. We may share your information with the following third parties: (a) our subsidiaries and affiliates to enable us to operate and manage our business and whom may provide certain services to us or you from time to time; (b) to providers of professional services who provide certain services to us, such as consultancy, banking, legal, insurance and accounting services; (c) to service providers who we use to support our business and allow us to provide the Services to you, including third parties who teach classes or provide Services, perform certain searches for us (including searches of public records), including to enable us to verify your identity and to perform fraud protection and credit risk searches, process payments on our behalf, provide our IT infrastructure, provide IT services to us such as data storage services, data analytics and hosting services, provide service and maintenance services to us to ensure that our Website and Application work properly; (d) to event partners who organize or provide services at an event on our behalf; and (e) to social media, advertising and other companies who we use to provide you with information about our Services and to measure the performance of our advertising campaigns.

5.2 Other Sharing Scenarios. There are several other scenarios where we may disclose your information, including: (a) to a buyer or other successor to our business; (b) for other purposes we disclose to you when you provide the information; (c) to comply with any court order, law or legal process, including to respond to any government or regulatory subpoena or other request; (d) to enforce or apply our Komba Service Terms and Conditions or other agreements; (e) we believe disclosure is necessary or appropriate to protect the rights, property or safety of Komba, our customers or others.

6. Transfer of Your Information to Other Countries

6.1 In certain circumstances, we may transfer your personal information outside the country or territory where the information is collected for the purposes described in this Notice. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country.

7. Our Retention of Your Data

7.1 We will only retain your information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of providing Services to you, and for satisfying any legal, regulatory, tax, accounting or reporting requirements.

7.2 We will retain the information that we collect about you while you are utilizing Our services and accessing the Application and, unless we are required to keep your information for longer to comply with any legal, regulatory, tax, accounting or reporting requirements, We will delete it in accordance with applicable law and regulations.

7.3 In certain circumstances you have the right to ask us to delete your data sooner (see “Your Choices and Rights” below). Following receipt of such a request, we will delete all the information that we are not required to retain.

7.4 If you have any questions or queries about the retention period for certain information, you can simply contact us as described below (see section 12 “Questions and Contact Details”).

8. Your Choices and Rights

8.1 Your Choices. Where we rely on your consent to enable us to process your information, you can withdraw it at any time by doing the following:

8.1.1 To change your marketing preferences or to stop receiving marketing communications, or for any other situation where we have obtained your consent to process your information, contact us as described below (see section 12 “Questions and Contact Details”). You can also follow any unsubscribe instructions in the marketing communications you receive from us.

8.1.2 To disable location tracking and push notifications, you can change the settings on your device. To stop push notifications, you will need to use your browser settings.

8.1.3 You can also choose not to provide us with any information; however, it may be needed to utilize the Services, and, where you do not provide us with the information we have requested, we may not be able to perform the terms of a contract we have with your or to provide you with the Services. We also may need your information to comply with applicable law.

9. Exercising Your Rights (Including Accessing, Correcting and Deleting Your Information)

9.1 To exercise any of your rights described above, please notify Komba by email at support@komba.com.

9.2 Please note that as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity.

9.3 Please note that, while we will carefully assess every request we receive, we may not always be able to comply with your request. In some cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to adequately verify your identity. For example, we may not accommodate a request to change or delete information if we believe it would violate any law or legal requirement or where we require the information to exercise or defend legal claims. We also may not accommodate a request to change information if we believe the change would cause the information to be incorrect. We will not discriminate against individuals who exercise their privacy rights under applicable law. If you ask us to delete your User Contributions from the Application or the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of the Application or the Website.

9.4 Please note that if you exercise certain rights, it may have an effect on our ability to provide you with the Services you have requested. For example, we cannot delete your personal information except by also deleting your user account (which may result in cancellation of your membership).

10. Security and Confidentiality

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We also urge you to be careful about giving out or posting your information in public areas like message boards as the information you share in public areas may be viewed by other users. Unfortunately, the transmission of information via the internet is not completely secure. Although we use reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

11. Changes to This Privacy Notice

We may update this Notice to reflect changes to our information practices. Such changes will be effective upon posting on the Application and the Website. We encourage you to periodically review this page for the latest information on our information practices.

12. Questions and Contact Details

If you have any questions about this Notice, or our approach to privacy, please contact us at support@komba.com

13. Additional Information For California Residents

13.1 California law requires us to disclose the following additional information related to our privacy practices. If you are a California resident, the following privacy disclosures apply to you in addition to the rest of the Privacy Notice.

13.2 California Shine the Light. If you are a California resident, you have the right to request certain information regarding our disclosure of your Information to third parties for direct marketing purposes pursuant to Section 1798.83 of California Civil Code. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us using the information in the “General information” section above. If you wish to opt-out of the sale of your personal information, or of targeted advertising, please contact Komba at support@komba.com.

13.3 “Do Not Track” Disclosure. We do not currently recognize the “Do Not Track” signal.

13.4 California Notice of Financial Incentive. We may offer programs that provides certain perks, such as discounts and exclusive offers (the “Loyalty Programs”). When you sign up for a Loyalty Program, we will ask you to provide your name, email address, and in some cases your telephone number. Under California law, our Loyalty Programs might be interpreted as “financial incentive” programs as they involve the collection of personal information. We do not assign a monetary value to the information we collect. Based on our reasonable estimate, the value of your personal information to us is related to the value of the free or discounted products or services that you obtain. This value is based on the expense related to offering those free or discounted products or services. You may withdraw from participating in the Loyalty Programs at any time by contacting us at the address described in the program terms and conditions. If you wish to receive more information, please contact Us using the details in section 12 “Questions and Contact Details.

13.5 California Information Disclosure. The table below describes the categories of personal information collected, disclosed for a business purpose, “sold” and/or “shared” in the past 12 months (as those terms are defined by California law). We do not knowingly sell the information of minors less than 16 years of age without affirmative authorization. Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity. For details regarding how we use personal information, please see the “Information We Collect” section of this Notice. For information regarding how long we retain personal information, please refer to the “Our Retention of Your Data” section of this Notice.

Category of Personal Information	Disclosures for a Business Purpose
Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers.	Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms
Government Issued Identification – this may include social security number, driver’s license number, or state issued identification number, passport number.	Affiliates or subsidiaries Business partners Payment processors and financial institutions Professional services organizations, this may include auditors and law firms
Financial Information – this may include bank account number, credit card number, debit card number, and other financial information.	Affiliates or subsidiaries Business partners Payment processors and financial institutions Professional services organizations, this may include auditors and law firms
Health Related Information – this may include medical information, mental or physical condition or treatment, or health insurance information.	Affiliates or subsidiaries Business partners Other Service Providers Professional services organizations, this may include auditors and law firms
Characteristics of protected classifications – this may include age, sex, race, ethnicity, physical, or mental handicap, etc	Affiliates or subsidiaries Business partners Other Service Providers Professional services organizations, this may include auditors and law firms
Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Affiliates or subsidiaries Business partners Payment processors and financial institutions Professional services organizations, this may include auditors and law firms
Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement.	Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Other Service Providers Professional services organizations, this may include auditors and law firms
Geolocation data	Affiliates or subsidiaries Business partners Internet service providers Professional services organizations, this may include auditors and law firms
Inferences drawn from any of the information listed above	Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Joint marketing partners Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms

13.6 California Sensitive Information Disclosure. We collect the following categories of sensitive personal information (as defined under California law): driver’s license, passport information, state identification card, social security number, precise geolocation, account log-in, debit card or credit card number in combination with any required security to access code, password, and health information. This information is collected in order to process transactions, comply with laws, manage our business, or provide you with services. Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioral advertising.

13.7 Non-Discrimination. If you choose to exercise any of your rights under the CCPA/CPRA, we will not deny the services you requested or provide a different quality of service.