Privacy

Effective Date: April 2, 2018.

This Privacy Policy was updated as of April 2, 2018 and governs the policies followed by Mirach LLC and its website www.kounsel.io and the affiliated mobile application (collectively, the “Platform”).

Two Types of Information Collected

We will refer, in this document, to two types of information: Personally Identifiable Information and Non-Personally Identifiable Information. “Personally Identifiable Information” (also abbreviated to “PII”) is information that can be traced to your identity (e.g., name, address, phone number, etc.). “Non-Personally Identifiable Information” (also abbreviated to “NPI”) is all other such information that cannot be traced to your identity.

Privacy Policy Purpose

We strongly believe in protecting the privacy rights of our users. Thus, it is important that we clearly describe (i) what PII we collect; (ii) with whom/how we share your PII; and (iii) how you can limit our sharing of your PII. In short, we are committed to your privacy.

Third Party Websites

There may be links to other websites on our Platform. You understand that we cannot control the privacy policies of the operators of such third-party websites and this privacy policy will not cover the use of such third-party websites. Thus, it is important that you understand that you must check the privacy policies of such third-party websites and independently decide if you should browse such sites and/or use the services offered therein.

Information That We Collect and How We Use It

Personally Identifiable Information, Generally: Through our Platform, we may collect your name, email address, phone number, payment account, and any image you upload to the account.

Profile: You may also create a profile through which you may enter certain information that may be viewable to other Kounsel users, including: name, profession, city, state, and country. You may also provide your identifying handle for certain social media accounts (e.g., Facebook, LinkedIn, Medium, etc.).

Forum: You may also choose to share personal information in our forum. While we may not actively collect personally identifiable information through user posts, the information will be viewable to other forum users.

Identity Verification: We may also collect information necessary to (among other reasons) (i) comply with applicable tax laws such as your tax identification number; (ii) protect against spam; and (iii) verify your age. We may request additional information at our discretion to verify any such information.

Third Parties: We also may receive information about you from third parties. For example, should you sign in with a third-party service, we may receive certain information through that service. If we combine the information we receive from others with information we collect through the Platform, we will treat the combined information as described in this Privacy Policy.

Testimonials: We may, with your consent, post a testimonial with your name attached to it. Testimonials will be public to general internet users.

Feedback: You may choose to post personal information in any feedback left for any other user on the Platform. This feedback may be viewable to other Kounsel users or to any person using the Platform, whether registered as a user or not.

Social Networks: You may register to join the Platform directly via the Service or by logging into your account with a third party social network (e.g., Facebook) via our Platform. If you choose to register via an social network, or to later link your account with the Platform to your account with an social network, we will use the Personally Identifiable Information you have provided to the social network (such as your name, email address, gender and other information you make publicly available via the social network) to create your account. Note that the information we collect from and through an social network may depend on the privacy settings you have set with the social network and the permissions you grant to us in connection with linking your account with the Service to your account with a social network. Other than what we may share with the social network as described below, the Personally Identifiable Information a social network has about you is obtained by the social network independent of our Platform, and Kounsel is not responsible for it.

The Kounsel service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to, e.g., share content to a third party social network. If you choose to share content, or to otherwise share information from or via our Platform with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Platform (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our Platform, and may set a cookie to enable the feature to function properly. Your interactions with third parties through a social network or similar features are governed by the respective privacy policies of those third parties.

You represent that you are entitled to use your social network account for the purposes described herein without breach by you of any of the terms and conditions that govern the social network, and without obligating Kounsel to pay any fees or making Kounsel subject to any usage limitations imposed by such social network. Please note that your relationship with any social network is governed solely by your agreement(s) with such social network. If your social network account terminates, then functions enabled through the link between your Kounsel account and your social network account will terminate as well.

Cookies: When you visit the Platform, we may assign your computer one or more cookies, to facilitate access to our websites, to personalize your online experience, and to record information about your visit to the Platform. Through the use of a cookie, we also may automatically collect information about your online activity on the Platform, such as the web pages you visit, the links or advertisements you click, or the other actions you conduct while visiting the Platform if you have enabled cookies. You may disable the use of cookies through your browser.

Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Platform is effective and to serve relevant advertising to you. Web beacons are small graphics, embedded in web pages and/or emails, with a unique identifier. These items are used to track online activity including, without limitation, to count visitors to our Platform, to monitor how users navigate the Platform, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.

Embedded Scripts: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an “embedded script.” An embedded script is programming code that is designed to collect information about your interactions with the Platform, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you leave the Platform.

Do Not Track Services: Your browser setting may allow you to automatically transmit a “do not track” signal to websites and online service you visit. Kounsel does not alter its practices when it receives a “do not track” signal from a visitor’s browser. To find out more about “do not track,” you may visit http://www.allaboutdnt.com.

Non-Personally Identifiable Information: The Platform may automatically collect NPI from your web browser or mobile device (e.g., how you arrived at/left our Platform, your IP address, web provider, browser type, mobile device/computer operating system). We use all of this information to analyze trends among our users to help improve our Platform and services offered.

Disclosures: Additionally, we may disclose your information: (i) in response to a subpoena, court order, or a request for cooperation from law enforcement agencies; (ii) to defend against legal claims; (iii) when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, fraud or wrongdoing; (iv) to protect the rights, property, and safety of our company, users, employees or others; (v) to enforce any agreement to which we are a party; (vi) in the event of a substantial corporate transaction, such as the sale of our business, merger, or consolidation; or (vii) as otherwise required by law.

The previous paragraphs notwithstanding, we will not disclose your PII or NPI, and all of the information collected is used solely for analytical purposes connected to the operation of the Platform. The following provides more specific details:

Information about Counselors: We share information regarding Counselors working on a Host project with Hosts. Note that if a Counselor is suspended from the Platform (or such Counselor makes his or her profile private on our Platform), we may share that information with Hosts for whom that Counselor has worked or interacted with on the Platform. If you choose to apply for work as a Counselor via the Platform, we will share information relevant to your application with the applicable Host(s), including, but not limited to, the information contained in your Counselor profile.

Service Providers: We may employ third party companies and individuals to facilitate the services provided through the Platform, to perform Platform-related services (e.g., without limitation, maintenance services, database management, analytics and online advertising, payment processing, fraud detection and improvement of Kounsel’s features) or to assist us in analyzing how our Platform is used. These third parties may have access to your Personally Identifiable Information in order to perform these tasks on our behalf.

Legal Purposes: Kounsel will share information with government agencies as required by law, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of Kounsel or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use device identifiers to identify Kounsel users, and may do so in cooperation with third parties at our discretion.

Promotions: We may offer a variety of promotions (“Promotions”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personally Identifiable Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

Third Party Analytics Providers

Kounsel works with network advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Platform, including pages viewed and the actions taken when visiting the Platform; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Platform and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Platform as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personally Identifiable Information when you visit the Platform or other online websites and services. We may also share certain NPI with these parties in connection with the services they provide to us.

Opting Out

You may update your choices regarding the types of communications you receive from us through your online account. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Platform (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received. Users who access the Service by using the Kounsel mobile application may, with permission, receive push notifications. Similarly, users who access the Platform by using certain desktop browsers may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser.

Closing Your Account

Upon request Kounsel will provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may access, correct, or request deletion of your personal information by making updates to that information or by contacting Kounsel through your online account. If you request to access all personal information you’ve submitted, we will respond to your request to access within thirty (30) days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you would like us to delete your account in our system, you can do so through the Platform. We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Service even if you close your account, including your transaction history and communications with other users. In addition, your Personally Identifiable Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Platform. Neither you nor Kounsel can delete all copies of information that has been previously shared with others on the Service

Children Accessing the Platform or Our Products

We do not knowingly collect any personal information from children under the age of 18, as this is meant to be a general audience service and our products and website are not intended for the use of such children. Should it be revealed to us that we have inadvertently collected information from children under the age of 18, then we will take reasonable measures to eliminate such data from our servers.

Security

Kounsel takes commercially reasonable steps to help protect and secure the information it collects and stores about its users. All access to the Platform is encrypted using industry-standard transport layer security technology (TLS). When you enter sensitive information (such as tax identification number), we encrypt the transmission of that information using secure socket layer technology (SSL). We also use HTTP strict transport security to add an additional layer of protection for our users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, Kounsel cannot ensure and does not warrant the security of any information you transmit to us.

International Transfers of Information

Kounsel is a United States company. If you are located outside the United States and choose to provide information to us, Kounsel transfers Personally Identifiable Information to the United States for processing. The United States may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the United States, we will protect it as described in this Privacy Policy. By visiting the Platform, or providing Kounsel with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States.

Links to Third Party Sites

Our Service contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the other websites you visit.

Phishing

Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Kounsel. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing.

Please contact legal@mirach.co if you believe you have been a target of phishing through the Platform.

California Disclosure

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as Kounsel does, by disclosing in its privacy policy that it provides consumers choice (opt-in or opt-out) regarding sharing Personally Identifiable Information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Kounsel provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Kounsel offers that choice, Kounsel does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: legal@mirach.co or write to us at the following mailing address:

STE 1300, 388 Market Street
San Francisco CA 94111

You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Modification of This Privacy Policy

We may modify our Privacy Policy, in whole or in part, to address any changes that we feel are necessary. We may or may not notify you via email or the Platform, but we will always change the date indicated at the beginning of this document. Any changes we make to our privacy policy shall be effective as of this above date and replace any prior privacy policy, whenever enacted. Thus, it is important that you periodically review this document to ensure your understanding is up to date.

Your Acceptance

By using this Platform, you accept the terms of this privacy policy. In the event that you do not agree with the use of your information as described herein, do not use the Platform.

In the event you have any questions or concerns with this privacy policy please contact us at legal@mirach.co.