Privacy Policy

KOALLI PRIVACY POLICY

EFFECTIVE DATE: April 8, 2022

1. Our Commitment to Privacy.

This notice describes our Privacy Policy. Our privacy policy explains how Koalli LLC (“Koalli”) collects, uses, and protects the Personal Information obtained through the use of our website www.koalli.com (“Site”), social media accounts and the services available through the Site (collectively, “Services”). Koalli provides multiple charting indicators that can be imported into various stock trading platforms. These can be downloaded from our Site as a study (software code), which you can import your favorite charting platform. By visiting the Site or using any of our Services, you agree that your Personal Information will be handled as described in this Privacy Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. The Koalli Terms of Use are incorporated by reference into this Policy.

2. What Information is Collected.

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services. Should your personal data be incorrect, you may request to have it rectified. You may also revoke your consent to use your personal data in the future, in whole or in part, or request deletion of your personal data.

(a) Information We Collect Directly From You. When you visit the Site, you may choose to register an account (“Account”) by providing us with your name, phone number and email address. If you wish to make a purchase, you must also provide payment information, billing address and any other information required in the Terms of Use. (all of the foregoing “Personal Information”).

(b) Information We Collect Automatically. We may automatically collect information about your use of our Services through cookies, web beacons, and other technologies, including technologies designed for mobile applications. We combine this information with other information we collect about you. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

Site:

domain name;
your browser type and operating system;
web pages you view on the Site; links you click; your IP address;
the length of time you visit our Site and or use our Services;
the referring URL, or the webpage that led you to our Site.

Google Account or Facebook. In lieu of creating an Account, you may sign in using your Google or Facebook login. If you do so, you are authorizing us to access and process certain Google or Facebook account information, including information about you and your account. We only obtain information from your Google or Facebook account that you specifically authorize and grant us permission to obtain.
Other third-party services may be able to collect information about you, including information about your activity on our Site, and they may notify your connections on the third-party services about your use of the Services, in accordance with their privacy policies. We may receive the information described in this Privacy Policy from third party services, such as analytics providers and advertising partners.

(d) We do not collect any types of Sensitive Data from our users. Sensitive Data includes any Personal Information pertaining to: race or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic or biometric data, health or mortality, and sex life or sexual orientation. Please immediately notify us if you have accidentally submitted any Sensitive Data and we shall promptly remove such information.

3. How and When the Information is Used.

Koalli will primarily use your Personal Information to provide our Services, and to complete core business functions such as authentication‚ internal business processes‚ marketing‚ loss and fraud prevention‚ and legal functions. If you have any questions about which features you can use without providing Personal Information, please feel free to contact us at support@koalli.com. Currently, we use your information, on the Site for the following purposes:

a. To work with our Service Providers.

b. To identify users in our chat and forum features.

c. Investigate and prevent fraud and other illegal activities.

d. Provide, maintain, and improve Koalli and our overall business.

e. To communicate with you about your Account, use of our Services, to respond to your inquiries, and for other customer service purposes.

f. To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.

g. For marketing and promotional purposes. For example, we may use your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about services or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.

h. To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and respond to user desires and preferences, and for other research and analytical purposes.

i. To protect our own rights and interests, such as to resolve any disputes, enforce our Terms of Use or to respond to legal process.

j. In addition to the uses outlined above, by using Koalli, you agree to allow us to anonymously use the information from you and your experiences to improve the Koalli experience. This research may be published on our social media accounts. However, all of your responses will be kept anonymous, and we assure you that no Personal Information will be published.

4. How We Share Your Information. We may share your information, including Personal Information, as follows:

a. Service Providers. We will not sell, trade, or rent your Personal Information to others. However, we do provide some of our services through contractual arrangements made with affiliates, financial institutions, service providers, partners and other third parties ("Service Providers"). Our Service Providers include Wix. All Personal Information is stored through Wix’s internal database. We and our Service Partners may need to use some Personal Information in order to perform tasks on our Site or to deliver services to you.

We may also share information in the following circumstances:

a. Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

b. In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

c. To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in litigation in which we are involved.

d. Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

We may also disclose information about you that is not personally identifiable. For example, we may provide merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.

5. How We Protect Your Information. Information Security:

To protect your Personal Information, we take reasonable precautions and follow industry standard SSL/TLS end-to-end encryption of data in transit to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your financial or any other Personal Information, the information is encrypted using industry standard protections in our database. No payment is ever stored in our database, as it is solely processed through third parties and is only temporarily stored during the processing of payment. All other Personal Information is stored directly with Wix. Please visit Wix’s privacy policy to understand how they use and store your Personal Information.

Although we have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your Account via unauthorized password activity.

6. CAN-SPAM Act and Opting Out of Emails. The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:

Send information, respond to inquiries, and/or other requests or questions.
We may also send you additional information related to your Account, your purchases and our Services.
Market to our mailing list, if you provide us with such consent.

To be in accordance with CAN-SPAM we agree to the following:

NOT use false, or misleading subjects or email addresses
Identify the message as an advertisement in some reasonable way
Include the physical address of our business or site headquarters
Monitor third party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly
Allow users to unsubscribe by using the link at the bottom of each email

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any other transactional or service-oriented request.

7. Payment.

If you choose to register an Account or make a purchase, payments are exclusively processed through Wix Payments, ApplePay or Paypal. If you provide us with your financial or any other Personal Information, the information is encrypted using industry standard protections. All payment information is stored solely through your selected payment processor. Please visit Wix’s privacy policy at https://www.wix.com/about/privacy, ApplePay’s privacy policy at https://www.apple.com/legal/applepayments/privacy-notice/, or Paypal’s privacy policy at https://www.paypal.com/us/webapps/mpp/ua/privacy-full for information regarding their own security protections and use of your Personal Information. Payment information is never stored on our Site.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our Services or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms of Use.

8. Our Use of Cookies and Other Tracking Mechanisms

Koalli may use cookies and other tracking mechanisms to track information about your use of our Site. Cookies are typically defined in one of two categories, session and persistent. Session cookies do not stay on your device after you close your browser and persistent cookies do remain on your device until deleted or they expire. We may combine this information with other Personal Information we collect from you. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster login and payment process or to allow us to track your activities on our Site. Our Service Providers and Site host may also place cookies on our Site in order to properly provide their services.

WHAT ARE THE DIFFERENT TYPES OF COOKIES AND HOW DO WE USE THEM?

a) Essential: These are cookies which are essential for the running of our Site. Without these cookies, parts of our Site would not function. These cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes.

Examples of how we may use essential Cookies include:

Setting unique identifiers for each unique visitor, so that user numbers can be analyzed.

b) Functional: These cookies are used to remember your preferences, login information and store shopping cart items on our Site and to provide enhanced, more personal features. The information collected by these cookies is usually anonymized, so we cannot identify you personally. Functional cookies do not track your internet usage or gather information which could be used for selling advertising.

Examples of how we may use functional Cookies include:

Gathering data about visits to our Site, including numbers of visitors and visits, length of time spent on the Site, or where visitors have come from.
Eliminating the need for returning users to re-enter their login details.

c) Third Party Cookies: You may notice on some pages of our Site that cookies have been set that are not related to us. When you visit a page with content embedded from these third-party service providers, they may set their own cookies on your computer or mobile device. We do not control the use of these third-party cookies and cannot access them due to the way that cookies work, as cookies can only be accessed by the party who originally set them. Please check the third-party websites or mobile applications for more information about these cookies.

d) Disabling Cookies: Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to refuse, disable, or delete cookies, some of the functionality of our Site may no longer be available to you. Without this information, we are not able to provide you with all the requested services, and any differences in services are related to your information.

Some browsers transmit “do-not-track” signals to websites. Because of differences in how browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

e) Clear GIFs, pixel tags and other technologies: Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer and phone hard drives, clear GIFs are embedded invisibly on web pages. We currently do not use any pixels or clear GIFs on our Services.

9. Interactive Tools:

Certain features on our Site may give you an opportunity to interact with us and others. These may include a live chat feature and user invites. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be viewable by others within Koalli. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features. If you use these features, your Personal Information may remain on the Site even after you cease use of the Site.

10. Third Party Analytics

We may use automated devices and applications to evaluate usage of our Site. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your Personal Information with these third parties

11. Third-Party Links

When you click on links on our Site or visit affiliate websites, they may direct you away from our Site. We are not responsible for the privacy practices of other websites, virtual servers or mobile applications and encourage you to read their individual privacy policies. If you visit a third-party website, virtual server or mobile application link from our Site, you do so at your own risk.

12. How You Can Access Your Information.

You control the accuracy of your Personal Information. If your Personal Information changes, please correct, update or delete it from your Account. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.

Although we describe much of the following processes throughout this Privacy Policy, please do not hesitate to email us at support@koalli.com to receive the following information:

What Personal Information pertaining to you is being processed

Why this information is being processed

Who has access to this Personal Information about you

How this Personal Information is being used in automated decisions

What processes are using this information

13. Children.

The Services not intended for use by children under the age of 13. Koalli does not allow individuals under the age of 13 to create an Account, nor do we knowingly collect or use any Personal Information from such children under the age of 13. If you are under the age of 13, do not submit any information to our Site. If we learn that we collected Personal Information from children under the age of 13, we will take steps to delete that information as soon as possible. Furthermore, if you are between the ages of 13 and 18, a parent or guardian must create an account on your behalf.

14. International Data Transfer.

The EU General Data Protection Regulation (GDPR) applies in the European Economic Area (EEA), Switzerland, and the UK only. If you reside in the EU, the GDPR requires Koalli to provide you with more information about the processing of your Personal Information, as explained below. If you do not agree to this policy, do not use the Platform.

a) Legal Grounds for Processing your Personal Information

The GDPR requires us to tell you about the legal ground we're relying upon to process any Personal Information about you. The legal basis for us processing your Personal Information for the purposes set out in Sections 3 and 4 will typically be because:

you provided your consent;
it is necessary for our contractual relationship;
the processing is necessary for us to comply with our legal or regulatory obligations; and/or
the processing is in our legitimate interest as an event organizing and content providing platform (for example, to protect the security and integrity of our systems and to provide you with customer service, etc.).

b) Koalli as a Data Controller

EU data protection law makes a distinction between organizations that process Personal Information for their own purposes (known as “data controllers”) and organizations that process Personal Information on behalf of other organizations (known as “data processors”). If you have a question or complaint about how your Personal Information is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Information.

Wix has implemented technical and organizational measures with respect to processing Personal Information from European Union individuals for purposes of the EU General Data Protection Regulation (“GDPR”). Wix is considered the Data Processor for all EU and UK residents. Upon request, Wix will provide you with information as to whether and what Personal Information they store in relation to you.

Koalli may act as a data controller concerning Personal Information, depending on the circumstances. For example, if you create an Account with us to make a purchase or access the message boards or forums, Koalli will be a data controller for the Personal Information you provide as part of your Account.

We will also be a data controller of the Personal Information we may obtain through the use of the Site or Koalli Services. We use this to conduct research and analysis to help better understand and serve users of the Services as well as to improve our Site.

c) Data Retention

We retain your Personal Information for as long as necessary to provide you with our Services or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.

Koalli may retain Non-Personal Information for as long as necessary for the purposes and uses described in this Privacy Policy, including as necessary for Koalli to pursue legitimate and lawful business interests.

Data Access and Data Deletion

Data protection law provides you with rights regarding Personal Information that we hold about you, including the right to request a copy of the Personal Information, request that we rectify, restrict or delete your Personal Information, and unsubscribe from marketing communications.

There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation. If you have a complaint about how we handle your Personal Information, please get in touch with us as at support@koalli.com section to explain. If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority.

d) Transfers of Personal Information

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note Wix transfers the data, including Personal Information, to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Please review Wix’s GDPR policy at https://support.wix.com/en/article/general-data-protection-regulation-gdpr for further information.

15. California Residents: California Consumer Protection Act (“CCPA”)

The California Consumer Privacy Act (CCPA) provides consumers who are residents of the State of California with specific rights related to their Personal Information (which includes Personally Identifiable Information), subject to certain exceptions. It also requires us to disclose the information we collect, the purposes for which we collect it, and what we share and disclose.

The Personal Information We Collect and Why

You have the right to know what Personal Information we collect and why. The information we collect and the purposes for which we use it are described in this Privacy Policy.

The Personal Information We Share or Disclose

You have the right to know what Personal Information we disclose or share with third parties. The Personal Information we share is described in this Privacy Policy.

Right to Know

You have the right to ask us what Personal Information we have collected from you over the past 12 months. You may make such requests up to twice a year.

Right to Delete

You have the right to ask us to delete your Personal Information. In certain circumstances the law may not require or permit us to delete certain Personal Information, but if we cannot honor a deletion request, we will tell you.

Right to Opt-Out (“Do Not Sell”)

You have the right to tell us not to disclose or transfer your Personal Information to a third party in exchange for something of value. The CCPA refers to this as your right to say “Do Not Sell” my Personal Information. If you opt out of disclosure or transfer of your Personal Information, you may later opt-in again to having your Personal Information move more freely.

Exercising Your Rights

Right to Know and Right to Delete

You may ask us for the Personal Information we have about you, or ask us to delete your Personal Information, by emailing us at support@koalli.com. When you make a request online, we will verify your identity by sending you an email and asking you to respond.

If you ask what Personal Information, we have received from you, and we cannot verify your identity, or if providing the information you have requested creates a security risk, we will give you a general description of the type of Personal Information we have about you.

If you ask us to delete your Personal Information, and we can’t verify your identity and confirm that you made the request, we will not be able to honor it. Generally, though, if we can confirm your identity and your request, we will delete, de-identify, or aggregate your Personal Information so it can no longer be associated with you. There are some reasons that the law may require or permit us to keep your Personal Information, however.

Authorized Agents

If you are an authorized agent, you must make your request by emailing us at support@koalli.com and put the words “CCPA Requests, Authorized Agents” in the subject field. You also need to attach to your email proof that you are registered with the Attorney General, as required by law, and proof you have written authority to act for the consumer. You shall also provide the email address of the consumer you are representing so we can verify their identity or provide documentation that you have power of attorney for the consumer pursuant to Probate Code sections 4000-4465. We will not be able to honor requests without sufficient documentation that you are authorized to represent the consumer.

Requests made on behalf of a “Household”

If you would like to request Personal Information about your household, you may make your request by emailing us at support@koalli.com and putting the words "CCPA Household Request” in the subject field of the email. We will need to verify the users of the household, and in some cases, if a request raises security concerns for any household member, we may not be able to honor the request.

Financial Incentives

We do not offer any financial incentives for consumers to take any action or make any choices in using our services.

Non-Discrimination

We will not discriminate against you for exercising any of the rights described in this Privacy Policy. Specifically, we will not deny you goods or services or charge you different prices or rates for goods or services, including through the use of discounts or other benefits, or by imposing penalties.

California “Shine the Light” Law

Residents of the State of California may request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties' direct marketing purposes.

California “Eraser” Law

If you are a California resident under the age of 18, and a user of the Services where this policy is posted, you may request removal of content or information you have publicly posted. Please be aware that such a request does not ensure complete removal from the Internet of the content or information you posted, and there may be circumstances in which the law does not require or allow removal.

Exercising these Rights

For all requests under the “Shine the Light” or “Eraser” Law, you must put the words "Your California Privacy Rights Shine the Light/Eraser Law" in the subject field of an email to support@koalli.com. You must also include your full name, street address, city, state, and zip code. We will accept requests to exercise these rights only by email with the proper subject line and complete and accurate information.

Contacting Us

You may contact us with questions about Your California Rights or our Privacy Policy and practices at support@koalli.com.

16. Changes to Privacy Policy.

Koalli reserves the right to change this Privacy Policy from time to time as it sees fit and your continued use of the Service will signify your acceptance of any adjustment to this Privacy Policy. If there are any changes to our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on our Services. If there are any changes in how we use our customers’ Personal Information, notification by e-mail will be made to those affected by this change. Any changes to our Privacy Policy will be posted on our Services 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.