Last Updated February 1, 2025 

This privacy policy (“Privacy Policy”) explains how Kernel Intelligence, Inc. (“we,” “us,” “ours,” or “Kernel”) collects, processes, shares, and retains personal information through our services, which includes our websites, including heykernel.com, or any of our other related services (collectively, the “Services”). This Privacy Policy also provides you with important information about your personal information rights and how to exercise them. 

By accessing or using our Services, or by providing your personal information to us, you accept our privacy practices and policies outlined below, and you agree that we may collect, process, share, and retain your information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, do not access or use the Services or otherwise provide personal information to us.

1. Notice at Collection of Personal Information

This notice explains certain of our privacy practices at or before the point we collect personal information from you. 

Definition of Personal Information

We collect, process, share, and retain information that identifies, relates to, or could reasonably be linked, directly or indirectly, with a particular individual, household, or business entity (“personal information”). Personal information does not include information publicly available from government records or information that is not personal, like anonymous, deidentified, or aggregated data, even if it comes from personal information.

Categories of Personal information We Collect

The categories of personal information we collect varies by individual depending on your interactions with us. We collect, process, share with third parties, and retain the following categories of personal information: 

• Contact information, such as full name, postal address, email address, and phone number
• Account information, including username and password
• Payment information, including bank account and credit card information, billing address, and information to conduct identify verification
• Personal characteristics, such as age, race, sex, and gender 
• Employment information, such as your employer’s name and job title
• Device information, such as type of device, operating system, device settings, application IDs, unique device identifiers, and crash data
• Internet information, such as domain name, Internet Protocol (IP) address, browser type and settings, and unique browser identifiers
• Internet activity and analytics, such as cookie data, webpage interactions, advertisement interactions, access time and date, referring webpage/source through which you accessed the Services, and non-identifiable request IDs (For more information on cookie data, see section 4 below called, Our Use of Cookies)
• Services data, for example, people, features, content, advertisements, and links you interact with when using the Services, the times and dates you access or use the Services, and statistics associated with the interaction between your device or browser and the Services
• Sensory data, including audio and visual information. Conversation monitoring and recording: If you communicate with us by chat, telephone, or other electronic voice or video communication (such as Zoom), we may monitor or record the conversation
• Inferences drawn from any of the personal information listed in this section; for example, to create a profile of an individual’s preferences and characteristics
• Preference information, including preferences related to marketing, privacy, communications, and participation in our programs
• Other information you choose to provide, such as when you submit a customer service inquiry, provide feedback, or otherwise communicate with us 

Our Business Purposes for Collecting and Sharing Personal information

The section details the business purposes for which we collect, process, share, and retain personal information. 

When we use the word “share” anywhere in this Privacy Policy we mean disclose or transfer to any third party for any of the purposes in this section unless stated otherwise. Depending on state laws that may be applicable to you, when we share your personal information for these purposes, it may constitute a “sale” of your personal information (for example, when we share your personal information in exchange for money or other valuable consideration). 

• Provide, improve, and protect our Services, including to deliver the Services; improve or customize the Services; develop new services or products; prevent or address service errors, security, or technical issues; analyze and monitor usage, trends, or other activities; or respond to requests or inquiries
• Improve your user experience, for example, we use cookies and other device and internet information to track your search criteria or other usage data to provide content of interest to you or to store your information so that you do not need to re-enter it each time that you login
• Market to you, including through targeted advertising and profiling, for example, we may (i) market and advertise our Services or third-party services or products to you, including through targeted advertising or cross-contextual behavioral advertising (ii) create a profile of you (including “profiling,” meaning the automatic processing of your personal information to identify your preferences and interests)
• Deidentify personal information, including aggregating or anonymizing personal information so that it is no longer personal information 
• Support our everyday operations, including payments, billing, collections, accounting, and taxes; and using third-party vendors and service providers (such as hosting, technology, and communications providers)  
• Meet legal and compliance requirements, including to perform audits, monitoring, and reporting; support information security and anti-fraud operations; investigate and respond to disputes; exercise and defend legal claims; protect the rights, property, or safety of you, us, or a third party; respond to legal process (including subpoenas) and governmental, court, or law enforcement requests, investigations, or orders; and comply with and enforce applicable laws, regulations, policies, procedures, and agreements  
• Evaluate or conduct business changes, including a merger, acquisition, sale, equity or debt financing, bankruptcy, or other transaction in which a third party invests in or acquires control of our business or assets (in whole or in part) 

Categories of Third Parties with Whom We Share Your Personal information

We may share your personal information with the categories of parties listed in this section. Depending on state laws that may be applicable to you, when we share your personal information with these third parties, it may constitute a "sale" of your personal information (for example, when we share your personal information in exchange for money or other valuable consideration). 

· Our Vendors who help us provide the Services or perform business functions on our behalf, including hosting, technology, and communication providers; analytics providers; support and customer service vendors; legal, audit, and advisory service providers; and payment processors 

• Advertising Providers, including advertisers and other third parties who assist us with advertising our Services or third-party products and services, including tracking services, ad networks, data brokers, marketing providers, and cooperative databases
• Parties You Access, Authorize, or Authenticate, including third parties you access through the Services
• Parties for Legal Purposes, including governmental authorities, law enforcement, or other third parties in connection with any of the activities set forth in the bullet beginning with "Meet legal and compliance requirements” in the above section called, Our Business Purposes for Collecting and Sharing Personal information
• Parties for Business Changes, for example, any of your personal information that we collect may be transferred to a third party if we undergo a merger, acquisition, sale, equity or debt financing, bankruptcy, or other transaction in which a third party invests or acquires control of our business or assets (in whole or in part)
• Our Affiliates for all of our business purposes listed in the above section called, Our Business Purposes for Collecting and Sharing Personal information, including marketing to you

Retention of Personal information

We retain personal information about you for as long as we deem to be necessary or advisable for the purposes described in the above section called, Our Business Purposes for Collecting and Sharing Personal information (such as providing the Services to you). This may include retaining your personal information after you have stopped using our Services; for example, we may retain your personal information to advertise to you (unless you opt-out), comply with legal obligations, or resolve disputes or collect fees owed. 

We may correct or remove incomplete or inaccurate information at any time in our sole discretion or in response to your request.  

2. Applicability of this Privacy Policy

This Privacy Policy covers how we treat personal information that we acquire from you or third parties related to our Services or your other interactions with us. This Privacy Policy does not cover the policies or practices of third parties that you may access through the Services.

Sources of Personal information

Depending on the nature of your interaction with us or the Services, we may collect personal information about you from the following categories of sources:

• Directly from you, such as when you access or use our Services or when you communicate or interact with us in any way, including mail, email, phone, chat, QR code, or social media
• Indirectly from you, for example, we collect cookie data and other information from your device, browser, or activity on the internet or in our Services (For more information on our use of cookies, see section 4 below called, Our Use of Cookies) 
• From our third-party vendors, for example, from our analytics providers, advertising providers, and payment processors

Third-Party Websites, Applications, and Services

This Privacy Policy does not apply to any third-party websites, applications, or services that you may be able to access through the Services. You agree that we do not have control over and are not responsible for the privacy practices or the content any third-party websites, applications, or services. When visiting any other websites, applications, or services, and before you provide any personal information to them, please review their privacy policies and terms, which will apply to your personal information, and which may be different from this Privacy Policy. 

We may also post links here to the privacy policies of certain third parties, whose services, applications, or websites may be accessed through our Services. 

• Payment information is collected by our third-party payment processor, Stripe, Inc. (“Stripe”); please see Stripe's privacy policy at https://stripe.com/privacy for information on its collection and processing of personal information

Personal information of Children

We do not knowingly collect, process, share, or retain personal information about children under 18 years of age. If you are a child under the age of 18, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 18 years of age, we will delete that data as quickly as possible. If you believe that a child under 18 years of age may have provided personal information to us, please contact us at hello@heykernel.com. 

To our knowledge, we do not sell or share for cross-contextual behavioral advertising or targeted advertising purposes the personal information of children under the age of 18. 

3. Your Privacy Rights and Choices

Notice of Your Personal information Rights

Subject to exemptions and restrictions provided by applicable law, if you are individual, you have the following rights. 

1. Opt out of sale. You may direct us to not sell your personal information.
2. Request to know about third-party marketing. You may request that we disclose the types of personal information we shared with third parties for third parties’ direct marketing purposes and the identities of such third parties. You may make this request once per calendar year and may only request information regarding the immediately preceding calendar year.
3. Opt out of sharing for third-party marketing. You may direct us to not share your personal information with third parties for third parties’ direct marketing purposes. We may continue to share your personal information to provide the Services to you. 
4. Update your personal information. You may update or correct your personal information. 

How to Exercise Your Personal Information Rights

To exercise the rights described above, you must send us an email to hello@heykernel.com that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected personal information, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may ask for information to verify your identity, such as your name, email, phone number, or address. We will only use personal information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request promptly within the timeframes required by applicable privacy law (usually between 15 to 45 days depending on the type of Valid Request, with the right for us to extend the response time as necessary). We will not charge you a fee for making a Valid Request unless your Valid Request is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. 

In some instances, we may not be able to honor your request. For example, we may not honor your request if we cannot verify your identity. Additionally, we may not honor your request where not required to do so under applicable privacy laws. We will advise you in our response if we are not able to honor your request. 

4. Our Use of Cookies

Our Use of Cookies and other Tracking Technology

Our Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base, and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone, or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own cookies on your devices. 

We use the following types of cookies:

• Essential cookies are required to enable your movement through the Services, to provide you with features or services that you have requested, and for the Services to function properly. For example, certain cookies enable you to log into secure areas of our Services. Disabling these cookies may make certain features and services unavailable.
• Functional cookies are used to record your choices and settings regarding our Services, maintain your preferences over time, and recognize you when you return to our Services. These cookies help us to personalize our content for you.
• Performance cookies allow us to understand how you use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services, and how long visitors are viewing pages on the Services. Performance cookies also help us measure the performance of advertising campaigns in order to help us improve advertising campaigns and the Services’ content for those who engage with advertising.
• Targeted Advertising cookies collect data about your online activity and identify your interests so that we can provide advertisements (including personalized, interest-based, targeted, and cross-contextual behavioral advertisements) that we believe are relevant to you. These cookies also allow us to build a profile of your interests. These cookies may be set by third parties.  

Disable or Delete Cookies

You can decide whether or not to accept certain cookies through your internet browser’s settings. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new cookie in a variety of ways. To explore what cookie settings are available to you, look in the “preferences,” “options,” or “privacy” section of your browser's menu. 

You can also delete all cookies that are already on your device. 

If you disable or delete cookies, you may have to manually adjust some preferences every time you visit our Services and some of the Services and functionalities may not work. 

Third-Party Resources about Cookies and to Opt-Out of Cookies and Targeted Advertising

To find out more information about cookies, including information about how to manage and delete cookies, please visit http://www.allaboutcookies.org/. 

You may also manage or opt-out of certain cookies collected and shared by certain of our providers: 

• Stripe: visit https://stripe.com/cookies-policy/legal for more information 

To make choices about targeted advertisements from participating third parties, including to opt-out of receiving targeted advertisements from participating third parties, please visit the Network Advertising Initiative at http://www.networkadvertising.org/choices/ or the Digital Advertising Alliance at www.aboutads.info/choices.

Do Not Track

“Do Not Track” is a privacy preference that you can set in your web browser. When you turn on the Do Not Track signal, the browser sends a message to websites requesting them not to track you. Our Services are not currently configured to respond to Do Not Track signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personal information about your online activities over time and across third party websites or online services.

5. Data Security and Processing

Security of Your Personal information

We will maintain reasonable and appropriate technical and organizational safeguards for the protection of the security and confidentiality of personal information from unauthorized access, use, disclosure, or transfer. Despite our efforts to ensure security, we cannot guarantee or warrant that your personal information will not be accessed, acquired, disclosed for an improper purpose, altered, or destroyed by an unauthorized person or as a result of a breach of our security safeguards or those of our hosting provider or other vendors or service providers. We cannot ensure the security of any data transmitted to us over the internet. To the fullest extent permitted by applicable law, we accept no liability for any unintentional disclosure of your personal information. Therefore, we urge you to take adequate precautions to protect your personal information as well, including, without limitation, never sharing your account username or password.

International Transfer, Storage, and Processing  

Our Services are available in the United States only. We operate from the United States and the personal information we collect or receive is stored and processed in the United States. You consent to the transfer, processing, and storage of your personal information in the United States. You also consent to the transfer, processing, and storage of your personal information by us, our affiliated entities, our vendors, or other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world subject to the provisions of this Privacy Policy. The United States and other jurisdictions to which we transfer or in which we process or store your personal information may not have the same data protection laws as your jurisdiction. 

6. Changes and Amendments to Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we do, we will post the revised policy in the Services with a new “Last Updated” date. Your continued use of our Services or your provision of personal information to us following the posting of changes constitutes your acceptance of such changes. We encourage you to visit our Services regularly for any changes. 

7. Contact Us; Disability Access

Contact Us

You may contact us with questions, concerns, or disputes related to this Privacy Policy and our privacy policies and practices as follows:

• Email: hello@heykernel.com

Disability Access

If you have a disability, you may access this Privacy Policy in an alternative format by contacting us at the email address above.