last updated: 6th April 2023
(i) “User” means an individual with whom Kogi Mind has an established relationship through using Kogi Mind’s Smartband and App.
(ii) “Visitor” means an individual who visits our front-end website (for example www.kogimind.com) or our social media pages.
(iii) “Personal Data” includes:
(A) information about you provided or disclosed by you from in-person events, from our website, from your use of the App, from your social media accounts and from other methods by which you voluntarily provide or disclose the information to us (“Disclosed Information”);
(B) information about you automatically gathered from your activities on our website using cookies and tracking technologies, from your social media accounts, and from publicly available sources (“Gathered Information”); and
(C) information about you generated by your use of the Smartband and App (“Smartband Information”).
(c) Kogi Mind’s collection, storage, use, processing and disclosure of the Personal Data of our Users and Visitors as a data controller complies with Singapore’s Personal Data Protection Act (“PDPA”) and with the Regulations (EU) 2016/679 of the European Parliament known as the General Data Protection Regulation (“GDPR”).
(d) Pursuant to PDPA (if you are resident in Singapore) and the GDPR (if you are a resident of the European Economic Area), we process your Personal Data under the following lawful bases:
(i) Your consent;
(ii) The performance of the contract between you and our website;
(iii) Compliance with our legal obligations;
(iv) To protect your vital interests;
(v) To perform a task carried out in the public interest; and
(vi) For our legitimate interests, which do not override your fundamental rights and freedoms.
(e) If you are a resident of California, you have rights set out in the California Consumer Privacy Act (“CCPA”) or the California Privacy Rights Act (“CPRA”). If you would like to exercise these rights, please visit our relevant webpage at ccpa-cpra-compliance.
(f) Any information stored on Kogi Mind’s Smartband, App and website (collectively, “platform”) is treated as confidential.
2. Collection and Use of Personal Data
(a) The following Sections cover the specifics of each of the two groups from which Personal Data is collected: (i) Section 2.2 for Website Visitors, and (ii) Section 2.3 for Users of the Smartband and App. The other Sections apply to both Visitors and Users.
2.2 Website Visitors
(a) If you are a Visitor to our website only, and not a User of our Smartband and App, then this Section 2.2 is relevant for you.
(b) By visiting this website, you consent to the collection, storage, use, processing and disclosure of your Personal Data for the purposes as described herein.
(c) If you do not agree with the terms set out herein, please do not visit this website.
(d) If required by applicable law, we will seek your explicit consent concerning your Personal Data collected on this website or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent concerning your Personal Data, the use of this website may not be possible.
2.2.2 Information Collected
(a) Kogi Mind collects, stores, uses and processes certain Personal Data of Visitors to our website. The information (part of the “Gathered Information” defined earlier) collected are:
(i) Visitors’ IP addresses, Visitors’ geo-location information, version of web browser used, what websites or products viewed, and search terms used;
(ii) information collected using cookies, log files, web beacons, tags, pixels or similar technologies;
(iii) information collected by way of pageview activities; and
(iv) information about visits to the website including numbers of Visitors and visits, geo-location data, length of time spent on the website, pages clicked and devices used.
(b) Kogi Mind also collects, stores, uses and processes Personal Data that Visitors volunteer to Kogi Mind using forms in our website or in our App, such as when Visitors register for events or sign up for information and newsletters. If Visitors provide Kogi Mind with their social media details, Kogi Mind may retrieve information about Visitors from such social media accounts, including information that Visitors allowed Kogi Mind to collect from their social media accounts or information that are publicly available on their social media accounts. The information (part of the “Disclosed Information” defined earlier) collected are the Visitor's:
(i) first and last names;
(ii) postal and email addresses;
(iii) telephone numbers;
(iv) job titles;
(v) information for social networks
(vi) areas of interest;
(vii) interest in Kogi Mind’s products and services;
(viii) employer particulars (as examples, company names and addresses);
(ix) credit card information, delivery address & contact number (if the Visitor does any online purchases); and
(x) relationship with Kogi Mind, that is whether as a follower, a customer or any other relationship.
2.2.3 Purpose of Collected Personal Data
(a) Kogi Mind uses the Personal Data collected to:
(i) communicate with Visitors;
(ii) customize content for Visitors
(iii) show ads on other websites to Visitors;
(iv) improve, promote safety and security of our website;
(v) analyze how Visitors navigate our website; and
(vi) send you information about Kogi Mind, our services and products for the purpose of promoted them to you.
2.2.4 Cookies and Other Tracking Technologies
2.2.5 Links to Other Sites
(a) As a User, you are also a Visitor of our website. As such, the provisions in Section 2.2 also applies to you.
(b) By using the Smartband and the App, you consent to the collection, storage, use, and disclosure of your Personal Data for the purposes as described herein.
(c) If you do not agree with the terms set out herein, please do not use the Smartband or the App.
(d) If required by applicable law, we will seek your explicit consent concerning your Personal Data collected using the Smartband and the App or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent concerning your Personal Data, the use of the Smartband and the App will not be possible.
(e) With your consent, your Personal Data may be also shared with your program trainer. Kogi Mind shall secure an effective agreement with such program trainers so that your Personal Data shall not be further shared with any third party without your consent.
2.3.2. Information Collected
(a) During the registration process to use the App, Kogi Mind collects information from Users to create an account. Such information (part of the “Disclosed Information” defined earlier) collected are the User’s:
(i) first and last names;
(ii) email addresses;
(iii) billing & shipping addresses;
(iv) user identity and password;
(v) telephone numbers (in some cases);
(viii) weight; and
(ix) payment / credit card information.
(b) Users may also choose to provide other types of information, such as a profile photo, community username, event log, alarm for events & wake-up calls (“Alarm Information”), and messages on discussion boards or messages to your friends on the App.
(c) The Smartband collects and records data, including the Alarm Information (part of the “Smartband Information” defined earlier), to estimate a variety of metrics like the heart rate (HR), heart rate variability (HRV), breathing rate, stress level, activity level and sleep quality. When the Smartband syncs with our App, the Smartband Information is transferred from your Smartband through the App to our servers.
(d) When you use our services, in addition to the Smartband Information aforesaid, we will also receive information about or from the Device where the App is installed. Such information includes but not limited to information about the device, geo-location information and usage information. If you choose to connect your account on our services to your account on other services, we may also receive information from such other services. For example, if you connect your account on our services to Facebook or Google, we may receive information like your name, profile picture, age range, language, email address and your purchases of goods & services. You may also choose to grant us access to your exercise or activity data from other services. You can stop sharing the information from other service with us by removing our access to that other service.
(e) Texts, questions, contacts, and media files entered or transferred to Kogi Mind by Users remains the property of the User and may not be shared with a third party by Kogi Mind without the consent of the User.
2.3.3 Purpose of Collected Personal Data
(a) Kogi Mind uses the Personal Data collected to:
(i) identify and communicate with Users;
(ii) provide Users with support, services, and mailings;
(iii) meet our contractual obligations to the Users;
(iv) provide products and services to the Users;
(v) process payment information and arrange for shipping;
(vi) provide the Users with invoices and/or order confirmations;
(vii) screen the orders for potential risk or fraud;
(viii) improve, promote safety and security of our Smartband and App;
(ix) send you information about Kogi Mind, our services and products for the purpose of promoted them to you; and
(x) learn, analyse and use the information about the User’s behaviour to provide personalised recommendations and notifications.
2.4 Behavioural Advertising
(a) Kogi Mind uses your Personal Data to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
(i) We use Google Analytics to help us understand how our Website Visitors and customers use our website. You can read more about how Google uses your Personal Data here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
(iii) We use Shopify Audiences to help us show ads on other websites with our advertising providers to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of our website, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in.
(b) For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at:
(c) You can opt out of targeted advertising by:
(i) FACEBOOK - https://www.facebook.com/settings/?tab=ads
(ii) GOOGLE - https://www.google.com/settings/ads/anonymous
(iii) BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
(d) Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.
3 Geographical Location
3.1 Data Regions
(a) Other than the Personal Data collected under Clause 3.6, all Personal Data collected by Kogi Mind from our Users and Visitors will be stored exclusively in secure hosting facilities provided by Amazon Web Services (“AWS”). Kogi Mind has a data processing agreement in place with the provider of AWS, ensuring compliance with the GDPR and the PDPA. All hosting is performed in accordance with the highest security regulations. All transfers of data are done in accordance with this data processing agreement
(i) European Data Region comprises all member states of the European Union (“EU”) and countries of the European Economic Area (“EEA”);
(ii) US and Canada Data Region comprises the United States of America (“USA”) and Canada only;
(iii) Asia Pacific Data Region comprises Japan, South Korea, Taiwan, Hong Kong, Singapore, Malaysia, Indonesia, Brunei, Philippines, Myanmar, Laos, Cambodia, and Vietnam; and
(iv) Balance Data Region comprises all other countries not listed above.
(c) For Visitors or Users:
(i) from the European Data Region, all Personal Data is stored and processed in the Frankfurt, Germany;
(ii) from the US and Canada Data Region, all Personal Data is stored and processed in the respective country, that is in the USA or in Canada;
(iii) from the Asia Pacific Data Region, all Personal Data is stored and processed in the USA; and
(iv) from the Balance Data Region, all Personal Data is stored and processed in the USA.
3.2 Processing in the European Data Region
For Visitors and Users from the European Data Region, all collection, storage, use, processing and disclosure of Personal Data is performed in accordance with privacy rights and regulations of the GDPR.
3.3 Processing in the US and Canada Data Region
For Visitors and Users from the US and Canada Data Region, all collection, storage, use, processing and disclosure of Personal Data is performed in the USA with reasonable physical, technical and organizational safeguards which substantially mirror the required safeguards under the GDPR and the PDPA against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Personal Data of the Users and Visitors.
3.4 Processing in the Asia Pacific Data Region
For Visitors and Users from the Asia Pacific Data Region, all collection, storage, use, processing and disclosure of Personal Data is performed in the USA with reasonable physical, technical and organizational safeguards which substantially mirror the required safeguards under the GDPR and the PDPA against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Personal Data of the Users and Visitors.
3.5 Processing in the Balance Data Region
For Visitors and Users from the Balance Data Region, all collection, storage, use, processing and disclosure of Personal Data is performed in the USA with reasonable physical, technical and organizational safeguards which substantially mirror the required safeguards under the GDPR and the PDPA against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Personal Data of the Users and Visitors.
3.6 Processing of Other Personal Data Collected
Your Personal Data collected by Shopfiy from our on-line store will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR
4. Sharing and Disclosure of Personal Data
(a) Kogi Mind shares and discloses your Personal Data within our group of organisations, which includes all our subsidiaries and affiliates. This is so that we can provide you better and seem-less services within our group.
(b) Kogi Mind may also share and disclose your Personal Data with our third-party service vendors or contractors (such as our payment service providers, cloud service providers, marketing service providers, analytics providers, e-commerce store providers, advertising providers, or logistics providers) in order to:
(i) provide a requested service or transaction by Visitors or Users;
(ii) analyze visitors’ behaviour on our website; or
(iii) provide such services that Kogi Mind requires such third parties to perform, including payment processing, data analysis, customer service and marketing efforts.
These parties require such information in order to perform their functions. Their privacy policies can be found in their respective websites.
(c) We use Shopify to power some parts of our website, in particular our online store. You can read more about how Shopify uses your Personal Data here: https://www.shopify.com/legal/privacy.
(d) We will disclose your Personal Data without your prior permission only when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact or to initiate legal proceedings against a person or persons who are suspected of infringing rights or property belonging to Kogi Mind or to others who could be harmed by the user’s activities or of persons who could (deliberately or otherwise) transgress upon these rights and property. We will disclose your Personal Data when we reasonably believe that we are legally required to do so.
5. Your Right to Access, Correct, Delete etc Your Personal Data
(a) You can deal with your Personal Data in the following manner:
(i) at any time access and edit, update or delete your contact details by logging in with your username and password to Kogi Mind’s platform;
(ii) request access and obtain a copy of your Personal Data;
(iii) request rectification or erasure of your Personal Data;
(iv) restrict the processing of your Personal Data; and
(v) request that your Personal Data be portable according to your instructions.
(b) All requests set out in this Section can be sent by email to our Data Protection Officer.
6. Retention Period
(b) When we have no ongoing purpose to retain your Personal Data, we will either delete or anonymize it, or, if this is not possible (for example, because such information has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.
7. Information Security
(a) We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact our Data Protection Officer.
(b) In the unfortunate event of a breach, we will make any legally required notifications of such breach to you and to the relevant authorities. To the extent permitted by applicable laws, we will make such notifications to you without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of our systems.
8. Use of Artificial Intelligence
(a) Kogi Mind uses algorithms and machine learning (“Artificial Intelligence” or “A.I.”) to automate the processing and analysis some of your Personal Data. Kogi Mind has taken reasonable steps to ensure that such processing and analysis is free from bias and result in decisions or recommendations that are fair, without unintended discrimination and consistent. Kogi Mind believes that since the User makes the final decision whether to accept the recommendations of the Artificial Intelligence, the potential for harm is minimized.
(b) Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you. Services that include elements of automated decision-making include:
(i) Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
(ii) Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.
(c) If any User wishes to give feedback about Kogi Mind’s use of Artificial Intelligence, an email can be sent to our Data Protection Officer.
9. Children’s Privacy
(a) We are committed to protecting the privacy of children who visit our website or use our Smartband and App.
(b) We do not intend to collect any Personal Data about children under the age of thirteen (13), unless that Personal Data is collected from a parent or guardian. However, we cannot stop children under the age of thirteen (13) from accessing our website. Therefore, Gathered Information that is automatically gather, as an example by cookies and other tracking technologies, will continue to be gather from visitors irrespective of age.
(d) We also allow parents to set up accounts for their children on our Smartbands and Apps. The following applies only to children’s accounts set up specifically for children under 13 (or any other age limit in your country for children to use such devices). Parents or guardians must consent to the use of their child’s Personal Data in accordance with the following in order to create such an account:
(e) If we learn that we have collected the Personal Data of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. If you believe your child has submitted Personal Data to us and would like to have it deleted, you may contact our Data Protection Officer.
(f) Please note that the age threshold mentioned above may vary depending on applicable legal requirements in your country.
10. Changes to this Policy
11. Kogi Mind’s Data Protection Officer
Kogi Mind has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address:
Attn: Data Protection Officer
160 Robinson Road #14-04 Singapore 068914
12. For Further Information
If you have any further questions or want more information regarding our privacy practices or the information that Kogi Mind collects, or how we use it, then please feel free to contact us by email at: email@example.com, or in writing at:
Kogi Mind Pte. Limited
160 Robinson Road #14-04 Singapore 068914