Effective Date: May, 2024
Last Updated: October, 2024
Welcome to KinsleyCap, LLC dba Linkt (“Company,” “we,” “us,” or “our”). By accessing or using our website [www.linkt.io] (the “Site”) or services, including our logistics services and web services, you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, please do not use our Site or services.
1. Acceptance of Terms
By using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Data Protection Notice, and any additional guidelines or rules that apply to specific features of the Site or services. We reserve the right to modify these Terms at any time. Changes will be effective when posted on the Site, and your continued use of the Site or services signifies your acceptance of the revised Terms.
2. Data Protection Notice
As part of our commitment to protecting your privacy, KinsleyCap, LLC dba Linkt has incorporated a Data Protection Notice into these Terms and Conditions. This notice aligns with our Privacy Policy and outlines how we collect, process, store, and protect your personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable laws in New York and other states with stricter data privacy standards.
2.1 Data Collection
We collect and process your personal data in accordance with our Privacy Policy. This includes, but is not limited to, the following types of personal information:
Personal Information: Such as your name, email address, mailing address, phone number, and payment information, which you provide when using our services or interacting with the Site.
Non-Personal Information: Including data about your device, browser, IP address, and usage patterns on our Site.
Cookies and Tracking Data: We use cookies and other tracking technologies to collect data about your activity on the Site to improve your experience and for analytics purposes. Please refer to our Privacy Policy for more information on how we use cookies and your choices regarding them.
2.2 Legal Basis for Processing Personal Data
We process personal data for the following purposes, based on one or more legal bases:
Performance of a Contract: To fulfill our contractual obligations to you when you use our logistics or web services.
Consent: Where you have given explicit consent for the processing of your personal data (e.g., subscribing to our newsletters or marketing emails).
Legitimate Interests: To enhance our services, protect the security of our Site, and understand how users interact with our Site, provided these interests are not overridden by your data protection rights.
Legal Obligations: To comply with applicable laws, such as tax laws, fraud prevention, and regulatory compliance.
2.3 Your Rights Under Data Protection Laws
Depending on your location, you may have the following rights with respect to your personal data:
Right to Access: You have the right to request access to the personal data we hold about you.
Right to Rectification: You may request the correction of any inaccurate or incomplete personal data.
Right to Erasure (Right to Be Forgotten): In certain circumstances, you have the right to request the deletion of your personal data, subject to exceptions allowed by law.
Right to Restriction of Processing: You may request the restriction of processing of your personal data in certain situations.
Right to Data Portability: You have the right to request a copy of your personal data in a structured, commonly used, and machine-readable format.
Right to Object: You have the right to object to the processing of your personal data for direct marketing purposes or based on legitimate interests.
Right to Withdraw Consent: Where processing is based on consent, you may withdraw your consent at any time.
To exercise any of these rights, please contact us at [email address]. We will respond to your request in accordance with applicable data protection laws.
2.4 Data Retention
We retain your personal data for as long as necessary to fulfill the purposes for which we collected it, including for the purpose of complying with legal obligations, resolving disputes, and enforcing our agreements. When we no longer need your personal data, we will securely delete or anonymize it in accordance with applicable laws.
2.5 Data Security
We have implemented appropriate technical and organizational measures to ensure the confidentiality, integrity, and security of your personal data. These measures include encryption, access controls, and regular security audits. While we strive to protect your personal data, no method of transmission over the internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.
2.6 International Data Transfers
If you are accessing our Site or using our services from outside the United States, please be aware that your personal data may be transferred to, stored, and processed in the United States or other jurisdictions where our servers and central databases are located. These jurisdictions may have data protection laws that differ from those in your jurisdiction. However, we ensure that any such transfers comply with applicable data protection laws and implement adequate safeguards.
3. Services Provided
KinsleyCap, LLC dba Linkt offers logistics services and related web services to users. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice.
4. User Obligations
By using our Site or services, you agree to:
Provide accurate, current, and complete information during the registration process or when using our services.
Comply with all applicable laws, regulations, and these Terms when using the Site and our services.
Refrain from engaging in any behavior that may interfere with the proper functioning of our Site or services, including introducing any viruses or harmful code.
5. Limitation of Liability
To the fullest extent permitted by law, KinsleyCap, LLC dba Linkt and its officers, directors, employees, agents, and affiliates will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to, damages for loss of profits, data, or goodwill, arising out of or related to your use of the Site or our services, even if we have been advised of the possibility of such damages.
Our total liability for any claims related to the Site or services will not exceed the amount you paid to us, if any, during the twelve (12) months preceding the claim.
6. Indemnification
You agree to indemnify, defend, and hold harmless KinsleyCap, LLC dba Linkt and its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising from or related to your use of the Site, services, or your violation of these Terms.
7. Contact Information
If you have any questions or concerns about these Terms, our Data Protection Notice, or our Privacy Policy, please contact us at:
KinsleyCap, LLC dba Linkt
PO Box 3395
New York, NY 10007
Email: info@linkt.io
