KIK Messenger: Data Privacy, Law and Information Overview

Kik claims that it is committed to protecting the privacy of the user. They comply with their privacy policy. Such policy does not apply to the information Kik collects offline or from any other apps or websites accessed through Kik. Along with the information collected by the third party.

Children under the age of 13 years of age are not eligible for using the app outside the European Union. In European Union countries such age is 16.

Article 8 of General Data Protection Regulations

Kik knowingly does not collect any information from these minors. If any information is collected or received unknowingly, they delete the information.

California residents under the age of 16 have additional rights regarding the collection and sale of their personal data.

Cal. Civ. Code §§ 1798.100–1798.199, Section 1798.120(c) of The California Consumer Privacy Act
What is the information Kik collect from the user and how do they collect it?

Kik happens to collect information from the users in two ways:

  • Directly from the user when they provide it to Kik.
  • Automatically when the user uses the services of the App.
What is the information that the user provides to Kik?

The user provides certain information to Kik when the user downloads, registers or uses Kik. Such information is as follows:

  • Personal Information:  Name, email address, telephone number, password hash, and birth date, and any other identifier by which user may be contacted online or offline.
  • Profile information: Individual profile pictures, background photo, interests, emoji status, name, and any other information users choose to provide on their profile.
  • Contents of the Message: The messages sent through Kik are transmitted through their servers. Although they don’t store it once the messages are delivered.
  • Membership information: When a user joins or leave a public group, Kik collects that information.
What information does Kik automatically collect from the user?

When a user downloads, accesses and uses the app. using the app includes, sending a message, joining a public group for discussion, chatting with the bots, creating kin wallet or participating in the kin marketplace. All these activities may use the technology to automatically collect:

  • Data usage and Log information: Kik collects and processes a record of a user’s activity on their servers. Information such as the date and time any message was sent, who did the user chat with, the user’s internet protocol, IP address, how does the user uses third-party websites or any services accessed through the app by the user.
  • Information about the device:  Kik says they collect information from the service accessing device and about the device. The information includes a hardware model, operating system, unique device identifiers, and mobile network information.
  • Information about the location: With the help of the IP address, the user may collect information about the general geographical location (city or state). Kik says that they do not use GPS or similar methods for collecting information about the precise location of the user.
  • Contacts list from the device: When the user gives permission to the app for accessing contacts from their device for using some services, they may collect information such as email addresses and phone numbers.
  • Information from bot chats: When the user chats with the bots, Kik may collect details about the chats such as date and time, frequency, and content of the chats. Kik says that they only collect the content of the chat with the bot to debug and improve the functioning of the app.
  • Information when the user scans a Kik code: When a user scans a Kik code to obtain coupons or privileges, some information about the user is inferred by the app based on the code. For instance: if the code is scanned in a particular hotel that will indicate that the user visited a particular hotel.
  •  Kin transaction information: When a user chooses to spend kin within the app through the kin marketplace feature of the app. Kik collects and processes the record of user’s transactions such as date and time of a transaction, information which identifies user’s account information along with the account the user is transacting with, public wallet address, balance, transaction history, blockchain transaction identifiers, the public wallet address of payors and payees.

*Users’ blockchain transactions are publicly visible to anyone who has access to the blockchain.

  • Information from cookies: Kik says that they may collect information stored in the user’s computers or mobile phones about user’s website activities or browser or the information about their device etc., by using cookies and similar technologies.
  •  Local storage information: Kik may collect or store information such as photos or videos with an option of downloading it locally on the user’s device through browser web storage and application data caches. If the user does not want Kik to collect such information, they can delete the app.
Can a third party collect the user’s information from the app and provide it to Kik?

When the user uses the app or any of its content, certain third parties may automatically collect information about the user and their device through automatic information collection technologies. These third parties may provide Kik with such information collected about the user, which may include the below-mentioned information too:

  • Reports made against the user: When another user reports Kik for an investigation. Such as alleging violations of their community standards. Kik may collect information provided to them from the user regarding their complaint, which may include the reported offending chats or any pictures and videos associated with it.
  • Collecting information from third parties: Kik says that they may collect information about the user from the third parties who offers services to them or Kik through the app. For Instance: Analytics companies who help Kik to do things like understanding the technical issues in the app.

*the third party’s terms and privacy policies govern the use of those services.

Do the third parties use tracking technologies to collect information about the user?

These third parties may use tracking technologies to collect users’ information while using the app. The information they collect may be the user’s personal information, online activities across different websites and apps. These third parties may use this information to provide the user with interest-based or behavioral advertising or other targeted content.

Kik does not control these third parties tracking technologies, any questions about an advertisement or other targeted content are dealt with the responsible provider directly.

How does Kik use the user’s information collected by them?

Kik uses the information collected by them for:

  • Providing the services of the app.
  • Fulfilling miscellaneous purposes.
  • Delivering notices about the user’s account.
  • Carrying out Kik’s obligations and enforcing their rights arising out from any contracts entered between the user and Kik.

*The usage information helps Kik to improve their app.

Does Kik disclose the user’s information?

Kik claims that they disclose users’ information, with a caution that does not reveal the identity of the user or the device. Any revelation is made with restriction.

Kik may also disclose the personal information of the user-provided by them, with their consent.

Who does Kik disclose the user’s information with and for what purposes?
  • Third-party services on Kik: There are certain features in the app which are offered by third parties, such as bots, Kik scan codes, GIFs, emojis, smileys, kin earn and send offers, web pages optimized for Kik, etc. When a user chooses to use third-party services, they enable them to see the user’s profile, the content of messages shared on bots or web pages, public wallet address, and user approximate location.

Now, these third parties may use this information according to their privacy policies, including advertising. Kik is not responsible for the use and collection of information made by third parties.

  • Their service providers: Suppliers who host their data and provide customer service are a few of the service providers. Kik requires all service providers to maintain confidentiality. These service providers are required to use the personal information of the user to a limited extent of providing services on Kik’s behalf.
  • Their related companies: They may end up sharing users’ data with their affiliated companies, subsidiaries, or joint ventures. All of these associations have to adhere to Kik’s privacy policy.
  • For Legal Purposes: Kik can disclose the information in various situations such as:
  • If they think it’s needed to detect, prevent or address illegal activity.
  • To identify, contact or bring legal action against someone who appears to be causing injury to Kik or Kik users or interfering with their rights or property.
  • As part of a legal matter or investigation, which includes an investigation related to a suspected breach of Kik’s Terms of Service.
  • In a situation when Kik believes that disclosure is required or permitted by law. These situations could be, responding to subpoenas, warrants, production orders, or similar instruments.
  • When Kik believes that disclosure is needed to protect the user’s safety or the safety of others. Such situations could be, an emergency involving potential harm, loss of security or serious injury to people, or threats of such emergencies.
  • In compliance with any court order, law, or legal process.
  • Responding to any government or regulatory request.
  • Merger, Sale, or financial acquisition: Kik may share users’ information in the circumstances of a merger, financial acquisition, dissolution transaction, bankruptcy proceeding, sale, transfer of all or a portion of their business or assets.

If any other company acquires Kik’s business or assets, that company will have user’s information collected by Kik and will assume the rights and obligations regarding user’s information as allowed by their Privacy Policy.

  • Enforcement of contract: In a situation of enforcement of their rights arising from any contracts entered into between the user and Kik.
Can the user control the collection, use, and disclosure of their information?

Kik provides users with control over, uses, and disclosure of their information. Some of those mechanisms are:

  • Tracking Technologies: The user can set their browser to refuse all or some browser cookies, or to alert them when cookies are being sent. If the user disables or refuses cookies or block the use of other tracking technologies, the result of which some part of the App may then become inaccessible or not function properly.
  • Location Information: The user can choose whether or not to allow the App to collect and use real-time information about the user’s device’s location through the device’s privacy settings. If the user blocks the use of location information, some parts of the App may then be inaccessible or not function properly.

*Kik do not control third parties’ collection or use of your information to serve interest-based advertising.  

The user can control the information they share with others through in-app safety controls also by blocking users and reporting users who are sending spam.

How long does Kik retain users’ information?

Kik keeps the user’s personal information for different periods of time, which depends on the purpose it was collected for. But Kik keeps it as long as it is necessary and relevant to provide the services, maintain their legitimate business operations, and meet their legal obligations.

For instance: When the user sends a message through the App and it has been received by the intended recipients, the text of the message is no longer accessible by their servers and disappears from the user’s App when they log out. Although the attachments to that message such as pictures or videos are stored for 30 days for the purpose of delivery.

Deactivating a user’s account will permanently delete their account but certain information about the user may still be available on other users Apps and is not be deleted by Kik.

What are the rights of the users under the California Privacy Rights?

California law may provide California residents with additional rights regarding Kik’s use of their personal information. Under California civil code’s Section § 1798.83, California users of the Kik App have the right to request certain information regarding their disclosure of personal information to third parties.

Under the California civil code section 1798.83.

A resident of the state of California, who has provided his personal data to a business with whom he/she has established a business relationship for personal family or household purposes may request information about whether the business has disclosed personal information to any third parties for the third parties direct marketing purposes. In general, if the business has made such disclosure of a personal data, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed.

California civil code’s Section § 1798.83(a)

As per the California Privacy Rights, Kik is required to respond to one request per California customer each year and is not required to respond to requests made by means other than through the email address provided.

Who is the controller and processor of the user’s personal information for the citizens of the European Union and on what legal basis?

Kik is the controller and processor of the user’s personal information for the citizens of the European Union. Kik relies upon a few legal bases for which they collect and use the information collected by them.  Such legal bases are:

  • For the performance of the contract with the user of providing the services. For instance: when a user wants to send a message, Kik uses the information to carry out the request of transmitting the message to the requested recipient.
  • For Legitimate Interests of the user which does not override users’ privacy rights.
  • For complying with the Legal Obligations: These legal obligations are the law enforcement preservation request, subpoena, or other legal process or to protect the rights of other users.
  • Requesting Consent: In case of Kik has no legal basis for collecting or using the information of the user, they will ask the user for their consent for a specific purpose. If they already hold the consent, the user has the right to withdraw consent at any time.

*Consent cannot be withdrawn in case of lawful proceedings.

What are the rights of European users?

Other than the general rights of the users of the service such as requesting deletion, correction, or updating of user’s personal information. EU citizens have some additional rights regarding their personal information under GDPR, such as:

  • Right to Object or Restrict Processing of their personal data for direct marketing purposes or in certain cases when the legal base of using of user’s information is based upon Kik’s legitimate interest.
  • Right to erase the personal data, as long as Kik is not obligated to preserve user’s information due to things like law enforcement preservation requests, subpoenas, investigations, litigation, or otherwise meet any of their other legal obligations. They might also retain depersonalized information after deletion.
  • Right to export user’s personal data or Data Portability.
  • Right to file a Complaint in the user’s member state.
What is the altitude of security maintained by Kik?

 Kik store, use, and maintain users’ personal information using reasonable security measures. When the user signs in to their account, they encrypt the transmission of users’ login information between the app and their servers.

The safety and security of your information also depend upon the user.

Kik also urges the user to be careful about giving out information in public areas of the App like message boards. The information user shares in public areas may be viewed by any user of the App.

Kik also says that the transmission of information via the internet and mobile platforms is not completely secure. They cannot guarantee the security of users’ personal information transmitted through their App. They don’t hold themselves responsible for circumvention of any privacy settings or security measures they provide.

Where does Kik store the information collected from the users?

Kik stores information on servers located in the United States, Canada, and Israel, and may also store information on servers and equipment in other countries.

 Accordingly, when the user uses their services, the user’s personal information may be sent to the United States, Canada, Israel, and possibly other countries. Resulting in which the user’s personal information may be available to legal authorities under a lawful order made in that country. Also, the laws of those countries may be less strict regarding users’ personal information than the laws where the user lives.

Personal information of the user collected in the EU may be transferred to, and stored outside the EU and processed by employees operating outside of the EU who work for Kik, one of their business partners, or service providers. When Kik transfers personal information across country borders, it makes sure that there is a transfer mechanism in place to transfer the data in a manner consistent with their Privacy Policy

Kik updates its Privacy Policy from time to time.

REFERENCES

Disclaimer: “Vestralex assumes no responsibility or liability for any errors or omissions in the content of this Article. The information contained in this article is provided on an “as is” basis as sourced with no guarantees of completeness, accuracy, usefulness or timeliness. This article contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. This article and the information contained herein is not intended to be a source of advice or analysis with respect to the material presented, and the information and/or documents contained in this article do not constitute advice. All copyrights and trademarks contained herein are properties of their respective owners, any representation of such rights and marks is purely for informational purposes only. This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.”

Leave a Replay

NOTICE BOARD

COMMUNITY CLASSES

Community Volunteer

Get a unique chance to learn and grow by volunteering with Team Vestralex.
Volunteer
PARTICIPANT TALK
Nilesh D Sharma
Nilesh D SharmaAdvocate - Pune
Read More
Both the Speaker's are Excellent. Thanks for arranging such a Good and Knowledgeable Webinar. Looking forward to attend many more. Thanks and Regards.
Bharatha Lakshmi
Bharatha LakshmiAdvocate - Andhra Pradesh
Read More
Excellent..,..we r very much blessed to share about a international law also
Tanvi Pandey
Tanvi PandeyStudent
Read More
Very interactive sessions. Thank you for providing us all a platform to learn, grow and connect.
Harshal Modekar
Harshal ModekarAdvocate - Mumbai
Read More
Both the lecture were very much informative and I've learner multiple things in practical after attending lecture.
Ishani Chauhan
Ishani ChauhanStudent
Read More
The session was very interesting and very informative. I have learnt a lot of thing's from the lecture.... would love to attend more lectures on what is crime and who's the criminal
Shweta Kumari
Shweta KumariStudent
Read More
Today's class was interesting. Sir has really been a motivation for me as am also a first generation law student and will be a lawyer too in future.
Previous
Next
STAY IN TOUCH

Subscribe to Our Newsletter!

vestralex © 2017-24 All rights reserved

acta - non - verba

Success!

Thank you for subscribing to the Vestralex newsletter!