Our “Privacy Notice” is below. You will have to accept it if you want to use our software, but we know, it can be hard to follow. We want you to understand what you are agreeing to, so each section starts with a short “non-legal” summary. The summaries are not part of the Notice, but are provided as an aid to understanding it.
LAST UPDATED: April 12, 2021, effective March 5, 2021.
This Notice describes how we obtain and use Personal Data (which can be used to identify a specific individual) and anonymous data (which can’t) about our users. Certain provisions of the Notice, which are clearly labeled, apply only to users who are citizens or residents of particular regions (e.g., the EU or California). We may change this Notice at any time by posting the revised Notice here. We will notify current users of the changes through email or otherwise. We need certain Personal Data about you (e.g., email for account creation, address information to verify payments) in order to provide the Services. We try to collect only what we need. The Services are not directed at children, and we will remove any information we have about children.
- General. This Privacy Notice (the “Notice”) describes how Kyndi and its affiliates (“Kyndi” or “we”) collect, use and share information about visitors to our website (“Site”) at kyndi.com (together with its subdomains) and the users of our platform. The Kyndi platform and our Site together are the “Services.” “You” refers to any user of the Services, including, as applicable, visitors to the Site. Capitalized words used but not defined in this Notice have the meanings provided in our Terms of Service (the “Terms”).
- Region-Specific Provisions. Certain provisions of the Notice apply only within, or to residents of, specific jurisdictions, and are clearly labeled as such. Otherwise, the Notice applies to all users of our Services, regardless of location.
- Changes. We may change this Notice at any time. When we do so, we will post the updated Notice on this page and, if the changes are material, inform existing users through email or the Services. Any changes to the Notice will be effective immediately for new users and, for existing users, 30 days after we post the changes on the Site or otherwise inform them of the changes.
- Children. The Services are not directed to children. However, children who are invited to use the Services by a parent or guardian (under a family plan or equivalent) may do so. If you become aware that a child (based on the jurisdiction where the child lives, which in the United States means someone under the age of 13) has provided us with Personal Data without parental consent, contact us at privacyrights@Kyndi.com. We will remove the information from our systems as soon as reasonably practicable.
- Personal and Anonymous Data. As used in this Notice, “Personal Data” has the meaning provided in the EU General Data Protection Regulation of 2018 (the “GDPR”), and includes any information which, either alone or when combined with other information we hold, identifies an individual, such as name, mailing address, email address, IP address, and telephone number. For legal residents of California, who are covered by the California Consumer Privacy Act (“CCPA”), Personal Data includes any additional elements defined as such by the CCPA. By contrast, “Anonymous Data” means any data that, alone or combined with other information available to us or a third party, does not permit identification of an individual. We collect both Personal Data and Anonymous Data as described below.
- Why Do We Need Your Personal Data? We need certain Personal Data in order to provide the Services. You will be asked to provide this information — and must agree to this Notice and the Terms — in order to register for webinars or download white papers. This consent, which you may withdraw at any time, provides us with the legal basis we need to process your Personal Data. If you do not agree to this Notice, you may not use our Services. In addition, if you withdraw consent to our use of Personal Data that is necessary to the provision of the Services (such as email address), we will no longer be able to provide the Services.
- PARTICULARLY IMPORTANT INFORMATION (EU AND CALIFORNIA USERS)
- European Users
- Who We Are. For the purpose of the GDPR, the data controller of your Personal Data is Kyndi, Inc. of 63 Bovet Road, Suite 332, San Mateo, CA 94402. You may contact us at privacyrights@Kyndi.com.
- Must Read Sections: Please carefully review the sections titled “Data Security and International Transfer” and “Your Rights Regarding Personal Data.”
- California Users
- Sale of Personal Data. We never exchange Personal Data for money or any other consideration (e.g., trade it for free services).
- HOW DOES KYNDI OBTAIN DATA?
We collect information in the following ways:
- Information You Provide
- Personal identifiers. We may collect contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name.
- Personal information categories. We may collect categories such as education, employment, employment history and financial information.
- Other Data. We may also collect other types of information in the manner disclosed by us when the information is collected.
- Data Collected by Technology
- Usage Data. We collect data about the use of the Services (for example, use of features, and interactions with our platform and the Site) in order to provide and improve the Services (“Usage Data”). Usage Data is kept logically separated from Personal Data and is used to generate Aggregated Data.
- Aggregated Data. We derive information about the use of our Services by aggregating Usage Data from large numbers of users (e.g., number of users within a particular jurisdiction). This “Aggregated Data” is Anonymous Data, is owned by Kyndi, and is primarily used to help analyze and improve the Services.
- HOW DOES KYNDI USE YOUR PERSONAL DATA?
We use Personal Data to validate your Account, provide the Services, provide user support, and communicate with you. We do not perform any automated decision making or profiling with your Personal Data.
- General. Kyndi uses Personal Data to provide the Services and respond to your requests, including to:
- Establish, maintain, and secure your Account;
- Identify you as a user and provide the Services you request;
- Improve the Services and your interactions with them;
- Send you administrative notifications, such as payment reminders or support and maintenance advisories. You will receive these notices even if you opt out of receiving marketing communications as set forth below;
- Provide you with the correct interfaces and options required by the jurisdiction from which you are accessing the Services;
- Respond to customer support inquiries and other requests; and
- Promote the Services or send you other Kyndi marketing information. EU users must actively choose to receive marketing communications. Users elsewhere (and those in the EU who have previously opted in) may always elect to stop receiving such communications.
- Automated Decision-Making and Profiling. We do not use your Personal Data for automated decision-making. However, we may do so in the future to comply with applicable law, in which case we will inform you of any such processing and provide you with an opportunity to object.
- HOW DOES KYNDI SHARE PERSONAL DATA?
We never sell our users’ Personal Data. To provide the Services, we share Personal Data with service providers who are contractually obligated to comply with all applicable laws (e.g., GDPR) and who can only access the Personal Data required for them to provide the relevant Services. If you direct us to share Secured Data that contains Personal Data through the Services, we will do so. We may share Personal Data with our affiliates, all of whom are bound by this Notice, and with an acquirer if Kyndi is sold or merged. We have no way to access Secured Data. Finally, we can disclose Personal Data where required by law or where we believe it is necessary to protect our rights or the Services.
Kyndi will never sell your Personal Data (as “sell” is normally defined – see Sections 2 and 8 for information about “sales” as defined in California) or use it except as stated in this Notice. We share your Personal Data in the following circumstances:
- Third Parties You Designate. We may share Secured Data (which may include Personal Data) with third parties where you have provided your consent to do so. While this data is transferred through our servers, we do not have access to it, as noted elsewhere in this Notice.
- Service Providers. We provide Personal Data to third-party service providers solely as required to provide the Services, create accounts, provide technical support, process payments, or enable communication between you and Kyndi (e.g., Personal Data related to customer support issues is available to our agents). We review the security and data privacy practices of all these service providers to ensure that they comply with all applicable laws and this Notice. We have Data Processing Addenda in place with all service providers who access Personal Data of EU users. Secured Data stored by our data hosting provider is encrypted at all times as described above. See the following section to see what vendors have access to Personal Data in connection with our delivery of the Services.
- Affiliates. This Notice applies to all entities that are owned by, or under common control with, Kyndi. (“Affiliates”). We share Personal Data among Affiliates as required to provide the Services and respond to requests. Certain Affiliates are in the United States, where privacy and related laws are not deemed adequate by European regulators to hold and protect the Personal Data subject to the GDPR. To offer the levels of protection required by European law, we have Data Processing Addenda or equivalent documents in place among our EU and US Affiliates, in addition to the other measures indicated below.
- Corporate Restructuring. If Kyndi or its business or assets are acquired by or merged into another company, that company will possess any Personal Data in our possession at such time and will assume our rights and obligations under this Notice. Accordingly, we may share Personal Data in connection with any such transaction. Personal Data and other information may also be transferred as a business asset in the event of Kyndi’s insolvency, bankruptcy, or receivership.
- Other Disclosures. Regardless of your choices regarding Personal Data, Kyndi may disclose your Personal Data where required to comply with applicable laws or governmental orders, or if we believe in good faith that doing so is necessary to protect our rights or the Services.
- WHO DOES KYNDI SHARE YOUR INFORMATION WITH?
We only share information with the following third parties.
We only share and disclose your information with the following third parties. We have categorized each party so that you may easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us at email@example.com.
- Advertising, Direct Marketing, and Lead Generation
Intercom, Marketo Lead Generation and Salesforce Sales Cloud
- Communicate and Chat with Users
Marketo Email Marketing
- Functionality and Infrastructure Optimization
- Web and Mobile Analytics
- Website Hosting
- DATA SECURITY AND INTERNATIONAL TRANSFER
We strive to protect the safety and security of all data in our possession, including Personal Data, through a variety of means, and we continually work to improve and update these practices. However, we cannot and do not guarantee the security of Personal Data we process. As noted elsewhere in this Notice, Personal Data may be transferred to jurisdictions with less strict privacy and related regulations than those in your home country, including the U.S., but we employ technical and other measures that comply with EU regulations to protect Personal Data when processed in the U.S.
- We use robust physical, organizational, technical, and administrative measures to safeguard Personal Data, and we regularly re-assess and revise our policies and practices to improve security. While we go to great lengths to protect your Personal Data, no method of data transmission or storage is totally secure; therefore, we cannot guarantee the security of Personal Data in our control. If you believe your Personal Data may have been compromised by us or the use of the Services, please contact us at privacyrights@Kyndi.com immediately.
- Your information, including Personal Data that we collect from you, may be transferred to, stored and processed by us, our Affiliates, and service providers outside your home country, including in the United States, where data protection and privacy regulations may not offer the same protections as in other parts of the world. When we do so, we will take the steps described in this Notice, which are designed to ensure that all Personal Data we or our vendors process (regardless of where it originates) is secured as required by the EU. By using the Services, you agree to the transfer, storing or processing of your data in accordance with this Notice.
- HOW CAN YOU CONTROL YOUR DATA?
You can edit your Personal Data and adjust your privacy and data preferences via the Cookie Manager on our website. If you currently receive marketing emails and no longer wish to do so, you may unsubscribe from within any such email. Even if you do so, we will still send you operational and transactional emails (e.g., renewal notices).
- Changing Your Information and Privacy Settings. You can request access and modification of Personal Data associated with your Account by contacting us at firstname.lastname@example.org.
- YOUR RIGHTS REGARDING PERSONAL DATA (EU AND CALIFORNIA USERS ONLY)
The GDPR and CCPA grant EU and California residents certain rights regarding their Personal Data, including the right to access and modify Personal Data held by providers (like us), and to have providers “forget” Personal Data that is no longer relevant. Most of these rights must be accessed from within the privacy and data preferences in the Services, but you may always contact us for assistance. Please include information about which rights you are seeking to exercise if you contact us. We may need to verify your identity before fulfilling your request. It should not need to be said, but we will never provide worse services to, or in any way punish anyone who chooses to exercise these rights.
- You have the following rights with respect to your Personal Data that we process. Except where indicated, these rights apply equally to EU and California users:
- Withdraw Consent. You may withdraw your consent to our processing of your Personal Data, in whole or in part (i.e., for marketing purposes). Certain Services may be ineffective upon opt out.
- Access/Request Information. You may access the Personal Data we hold about you at any time via your Account or by contacting us directly.
- You may modify the Personal Data we hold about you at any time via your Account or by contacting us directly.
- Erase and Forget. In certain situations, for example when the Personal Data we hold about you is no longer relevant or accurate, you can request that we erase your Personal Data. If you delete your account, all Personal Data will be erased within one year of the date of deletion.
- Portability: You may request a copy of your Personal Data and may always move it to other entities as you desire.
- No Sale of Personal Data (California Users Only). We never exchange Personal Data for money or any other consideration (e.g., trade it for free services).
- If you wish to exercise any of these rights or need assistance, please submit the request via email at email@example.com or write us at the address below. In your request, please make clear: (i) what Personal Data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only fulfill requests with respect to the Personal Data associated with the email address from which you send your request, and we will need to verify your identity before doing so (which is typically done by having you make the request from within the Services). We will comply with your request promptly, but in any event within 30 days of your request (45 days for requests under the CCPA). We may need to retain certain information for record-keeping purposes or to complete transactions that you began prior to requesting such change or deletion.
- CONTACT INFORMATION; COMPLAINTS
If you have questions, concerns, or complaints about this Notice or our data collection or data processing practices, or if you want to report any security violations, please contact us at firstname.lastname@example.org or write us at the address below:
Attn: Chief Information Security Officer
63 Bovet Road, Suite 332
San Mateo, CA 94402
EU Users Only. We hope to promptly resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you may always contact your local data protection supervisory authority, a list of which is available here.