1.1 This Privacy Policy (“Policy”) explains how Kickcall and its Affiliates, Next Brand Online Inc. (“Kickcall”, “we”, “our”, or “us”) processes, collects, uses and protects Personal Data (defined below) of individuals who use our services, including our platform, websites (e.g., Kickcall.ai) and other online offerings (jointly, the “Services”).
1.2 This Policy also explains your rights and choices about how we use your Personal Data, and how you can access or update certain information about you. In this Policy, “Personal Data” means any information relating to an identified or identifiable individual, such as name, address, telephone number, or email address. In certain jurisdictions, this may also be referred to as “Personal Information”.
2.1. This Policy applies where Kickcall acts as a data controller, including when we offer our Services, products, and platforms to individual users.
2.2. This Policy does not apply when we act as a service provider/data processor for enterprise/. business customers and provide them our Services and process Personal Data on their behalf, and the same is governed by customer agreements and data processing agreements.
2.3. Where a customer is a covered entity or business associate under HIPAA, or otherwise requires PHI to be processed, Kickcall will enter into a Business Associate Agreement (BAA) or Data Processing Agreement (DPA) as applicable. Kickcall implements administrative, physical, and technical safeguards to meet HIPAA Security Rule requirements — including access controls, encryption in transit and at rest, audit logging, and breach response procedures — and will flow down equivalent obligations to sub processors through written agreements. Customers requiring HIPAA-compliant services should request a BAA from legal@kickcall.ai before transmitting PHI.
4.1. Kickcall processes Personal Data for purposes including providing, maintaining, and improving our Services; ensuring security and compliance; fulfilling contractual obligations; and, where applicable, legitimate interests not overridden by your rights. When required by law, we rely on your consent.
4.2. The table below describes the purposes for which we process your Personal Data when acting as a data controller and the legal bases for such processing. When we rely on legitimate interest as the legal grounds to process your Personal Data, you have the right to object to that processing using the online form set out in Section 9 (“Your Rights”). Please note that where the legal bases specified are not applicable in your country, we will rely on consent or other available grounds to process your Personal Data.
4.3. We only rely on our or a third party's legitimate interests to process your Personal Data when we determine that these interests are not overridden by your rights and interests.
4.4. Data Minimization and Purpose Limitation: Kickcall limits data collection to the minimum required to achieve defined purposes. Personal Data used for analytics or AI model improvement is pseudonymized and aggregated wherever feasible.
4.5. Personal Data and Kickcall Voice AI Agent Services: Kickcall uses Voice Data to provide its voice services, including speech-to-speech services. For voice modeling, when you provide us with your Voice Data, we utilize AI-based technologies that analyse your voice and provide the AI generated response. We do not use Voice Data to infer characteristics about an individual or to profile or target consumers.
4.6. Personal Data and Kickcall Training AI Agents: Kickcall uses Voice Data to help our AI Agents about patterns and connections in speech and audio content and to improve our Services. We do not use Voice Data, Personal Data, or publicly available data used for training to profile or target consumers.
4.7. AI Model Training Disclosures. Kickcall may use de-identified and aggregated data to improve its AI models. No confidential or enterprise data will be used for training without explicit consent. AI Model outputs may be reviewed by authorized human personnel for evaluation and safety purposes.
4.8 Content Moderation and User Suspension. Kickcall does not undertake to review all content and expressly disclaims any duty or obligation to monitor or review content. However, to maintain the integrity and security of your data, and for fraud prevention purposes, Kickcall reserves the right to moderate all voice and text data input into Kickcall tools and voice or other outputs. In certain circumstances, Kickcall may share your inputs or outputs, which may include Personal Data, with third parties to support the content moderation and safety initiatives. Users found to have engaged in activity that violates the Prohibited Use Policy may be subject to termination or suspension under the applicable Terms of Service.
6.1. Our Services are hosted in the US and Canada. This means we may transfer your Personal Data outside your country, state, or province of residence, depending on your location at that time. Regardless of your location, all Personal Data may be transferred to Canada and the United States for storage.
6.2. The data will be transferred for the time required to fulfil the purpose for which it is processed. It can be shared with our service providers and Kickcall’s Affiliates for the purposes listed in Section 4. In such cases, Kickcall is the controller of the data, and the service providers are processors.
6.3. We may transfer personal data to the following categories of recipients:
6.4. Depending on where you are, we apply appropriate protections when we transfer your Personal Data to such countries. For more information about how we transfer Personal Data, or to obtain a copy of the contractual safeguards we use for such transfers, you may contact us using the contact details indicated in the “Contact Us” section below.
6.5. Please note that the data protection laws in the locations where we transfer or process data may differ from those in your area. While the data is in another jurisdiction, it may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
6.6. International Data Transfers: Where personal data is transferred from the European Economic Area or the UK to jurisdictions that do not provide an adequacy decision, Kickcall relies on Standard Contractual Clauses (SCCs) or other lawful mechanisms to safeguard the transfer.
6.7. Kickcall complies with international data protection laws including the GDPR, CCPA, LGPD, and India DPDP Act 2023. Kickcall relies on Binding Corporate Rules (BCRs), or other lawful mechanisms for cross-border data transfers. Kickcall will cooperate with data protection authorities and supervisory agencies in all jurisdictions of operation.
Customers may request a copy of the applicable safeguards by contacting privacy@kickcall.ai
We take measures to delete your Personal Data or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it unless we are required or permitted by law to keep this information for a longer period. When determining the specific retention period, we consider various factors, such as the type of service provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law and any relevant statute of limitations. Kickcall will not keep data it generates about your voice longer than 3 years after your last interaction with us, except as required by law.
8.1. Cookies, pixel tags, SDKs, or similar technologies (“Cookies”) are technologies used to collect information about users and their activities on a website. We and our third-party partners, such as analytics and advertising partners, may collect information about you using Cookies to collect information about your online activities over time and across different services.
8.2. The information collected via Cookies may include information such as unique identifiers, system information, IP address, web browser, device type, and the web pages that you visit just before or just after you use the Services, as well as information about your interactions with the Services, such as the date and time of your visit, and where you have clicked.
8.3. Types of Cookies: We may use both session Cookies and persistent Cookies. A session Cookie disappears after you close your browser. A persistent Cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services. Cookies we or our third-party partners place may fall under one of the following purposes:
8.4. Depending on the country in which you are located, you may be asked to provide your consent for our use of Cookies (except for strictly necessary Cookies). In addition, you have the following choices concerning the use of Cookies.
Depending on where you are located or reside, you may have certain rights regarding the Personal Data we maintain about you and certain choices about what Personal Data we collect from you, how we use it, and how we communicate with you.
Residents of certain U.S. states, including California, Connecticut, Colorado, Utah, Virginia, Oregon, Montana, or Texas, have additional privacy rights disclosures regarding their Personal Data, as described below. In certain U.S. states, you have the following rights in addition to those listed in Section 9.1:
Our platform, solution, websites and apps are not designed to respond to “do not track” requests from browsers.
California and other U.S. state residents may exercise their privacy rights (including the right to opt-out of “sale” or “sharing” for cross-context behavioral advertising) by visiting our privacy preference center at https://kickcall.ai/cookie-settings or by submitting a request to privacy@kickcall.ai. We will honor opt-outs within 30 business days of receipt, and where required by law provide a way to designate an Authorized Agent to submit requests on your behalf.
Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.
11.1. We implement reasonable security measures to secure and protect your Personal Data. The up-to-date list of measures along with relevant audit certifications can be obtained at: https://compliance.Kickcall.ai/. We note that, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information, to the extent permitted by applicable law.
11.2. Data Breach Notification: If Kickcall becomes aware of an unauthorized access to Personal Data that materially compromises the confidentiality, integrity, or availability of such data, Kickcall will notify affected parties and appropriate supervisory authorities without undue delay and, in any event, within 72 hours of confirming the incident when required by applicable law. Notification will include the nature of the breach, the categories of data affected, remedial measures taken, and recommended next steps.
11.3. Kickcall conducts Privacy Impact Assessments (PIA) and Algorithmic Impact Assessments (AIA) before launching new AI-driven features or data processing activities.
11.4. Kickcall adheres to a Zero Trust Security Model and implements industry-standard encryption protocols (AES-256 for data at rest and TLS 1.3 for data in transit).
11.5. Kickcall maintains a responsible vulnerability disclosure program for security researchers.
11.6. Kickcall’s information security practices align with SOC 2 Type II and ISO 27001 certifications.
Kickcall implements Privacy by Design and Default principles by embedding data protection and security considerations into every stage of product development and Service delivery. All systems and processes are structured to ensure that only the minimum necessary Personal Data is collected and processed for defined purposes, using appropriate technical and organizational safeguards such as encryption, access controls, and pseudonymization. By default, privacy-protective settings are applied to all Personal Data, and any additional processing occurs only with explicit user consent.
Our Services are not intended for or directed at children under the age of 18 and Kickcall does not knowingly collect, store, or process Personal Data from children under the age of 18. If you are under the age of 18, you are not permitted to submit any Personal Data to us for any Service. If we become aware that we have inadvertently received Personal Data from a child under the age of 18, we will delete that information from our records. Additionally, all users are strictly prohibited from uploading, transmitting, emailing, or otherwise making Voice Data from children under the age of 18 available to us or other users or using them for any of our Services. If you believe we may have inadvertently processed such Personal Data, please contact us at legal@Kickcall.ai.
Biometric Data and Explicit Consent. Certain Services may process biometric identifiers (including Voiceprints) for identity verification. By electing to use biometric features, you expressly consent to the collection, processing, and retention described herein. Kickcall will only process biometric data for the explicit purposes disclosed at collection and will retain such data no longer than necessary (default retention: up to 3 years after the last interaction), unless a different period is required by law. Where applicable (for example, laws similar to Illinois’ BIPA), Kickcall will obtain explicit consent and provide procedures to access, correct, or delete biometric data. To exercise these rights, contact privacy@kickcall.ai.
Kickcall maintains an up-to-date public list of sub-processors available at its compliance portal. Kickcall will provide at least thirty (30) days' notice before onboarding any new sub-processor and allow customers to object where permitted.
Kickcall publishes periodic transparency reports detailing government data requests, AI model usage summaries, and content moderation metrics.
Kickcall provides automated tools and APIs enabling users to export their personal data in structured, commonly used formats (e.g., JSON, CSV).
We may periodically update this Privacy Policy. If there are significant changes, we will notify you as required by law.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-law rules.
In the event of a dispute or claim arising under these Terms, the parties shall first attempt to resolve the issue through good faith discussions and negotiations within fifteen (15) days of written notice.
If the dispute remains unresolved after good faith negotiations, the parties agree to attempt resolution through mediation administered by the ADR Institute of Canada or another mutually agreed mediator, to take place in Toronto, Ontario.
If mediation fails, the dispute shall be finally resolved by binding arbitration under the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in English by a single arbitrator appointed by mutual agreement or, failing such agreement, by the ADR Institute of Canada. Kickcall may designate alternate governing law or arbitration forums for international users where appropriate. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
You agree not to participate in class, collective, or representative legal actions against Kickcall; disputes must be resolved individually.
For any questions regarding this Policy or our processing of your Personal Data, please contact our Data Protection Officer at legal@kickcall.ai or write us at:
Data Protection Officer: Next Brand Online Inc., 6th Floor, 8 Nelson St. W, Brampton, ON, Canada, L6X 1B7
You may exercise your rights under applicable law by using this contact us. Before fulfilling your request, we may ask you to provide reasonable information to verify your identity. Please note that applicable law may provide for exceptions and limitations to each of these rights.
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