Kyndi Privacy Notice

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: July 9, 2021

 

  1. INTRODUCTION

Summary: 

This Notice describes how we obtain and use Personal Data (which can be used to identify a specific individual) and other 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”).
  • Third-Party Websites/Applications. These Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us.  We encourage our users to read the privacy policies of each website and application with which they interact.  We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications.  Providing Personal Data to third-party websites or applications is at your own risk.
  • 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.
  • Notice Concerning Children. Our Services are intended for general audiences and not for – and we don’t direct them to – anyone under 18. We do not knowingly collect personal information from children under the age of 18.
  • Personal Data. As used in this Notice, “Personal Data” has the meaning provided under applicable law (including any similar term, such as “personal information” or “personally identifying information”), including the EU General Data Protection Regulation of 2018 (the “GDPR”), and the California Consumer Privacy Act (“CCPA”). Personal Data 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.
  • 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.
  1. 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”, “International Transfer” and “Your Rights Regarding Personal Data.”
  • California Users
    • No Sale of Personal Data. We never exchange Personal Data for money or any other consideration (e.g., trade it for free services) nor do we have actual knowledge of any “sale” of Personal Data for minors under 18 years of age. However, we do disclose certain personal information on our users to certain third-parties, including advertising partners, as described below. To the extent this practice is interpreted to constitute a “sale” for purposes of the CCPA, please refer to “How Does Kyndi Share Personal Data” below.  You can request to opt-out of these disclosures via the Cookie banner on our home page or you may also contact us as described below for further information.
    • Personal Data That Kyndi Collects and Discloses. This supplemental California Privacy Notice only applies to our processing of Personal Data that is subject to the California Consumer Privacy Act of 2018 (“CCPA”).  The CCPA provides California residents with the right to know what categories of Personal Data Kyndi has collected about them and whether Kyndi disclosed that Personal Data for a business purpose (e.g. to a service provider) in the preceding 12 months.
Category of Personal Data Collected by Kyndi Category of Third Parties  Personal Data is Disclosed to for a Business Purpose
Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

●               Advertising networks

●               Internet service providers

●               Data analytics providers

●               Operating systems and platforms

●               Service providers

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

A name, signature, address, telephone number, education, employment, or employment history. Personal Information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Note: Some personal information included in this category may overlap with other categories.

●                Advertising networks

●               Internet service providers

●               Data analytics providers

●               Operating systems and platforms

●               Service providers

Internet or other electronic network activity

Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.

●                Advertising networks

●               Internet service providers

●               Data analytics providers

●               Operating systems and platforms

●               Service providers

Professional or employment-related information

Current or past job history or performance evaluations.

●               Internet service providers

●               Data analytics providers

●               Operating systems and platforms

●               Service providers

  • Nevada Users. If you are a resident of Nevada, you have the right to opt-out of the sale of Personal Data to third parties who intend to license or sell that Personal Data. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.  If you have any questions, or to request that we do not sell in the future, please contact as set forth below.

 

  1. HOW DOES KYNDI OBTAIN DATA?

Summary: 

We get data that you provide (such as when you create an Account ), that others provide (when you are invited to use Kyndi by your employer) or that we obtain automatically from our platform or through cookies. Personal Data we collect includes your email (used to create an Account) and (for paid Accounts) certain billing information, although complete payment information is only stored by our payment processors. We use technology, including cookies, to collect data that we use to provide and improve the Services. Additional information is available in our Cookie Preference Center.  

We collect information in the following ways:

  • Information You Provide Us Directly
    • Account Creation. We may collect Personal Data when you create an account, such as name, email address, and username or alias.
    • Your Communications with Us. We may collect Personal Data such as email address, phone number, or postal address when you request information about our Services, register for webinars or request whitepaper downloads, request customer or technical support, apply for a job, or otherwise communicate with us.
    • We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Data.
    • Interactive Features. We and others who use our Services may collect Personal Data that you submit or make available through our interactive features (e.g. messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services (referred to herein as “User Content”) will be considered “public”, unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
    • Sweepstakes or Contests. We may collect Personal Data you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information or sweepstakes and contest winners.
    • Conferences, Trade Shows, and Other Events. We may collect Personal Data from individuals when we attend conferences, trade shows, and other events.
    • Business Development and Strategic Partnerships. We may collect Personal Data from individuals and third parties to assess and pursue potential business opportunities.
    • Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV, and/or cover letter to us, we will collect and user your information to assess your qualifications.
  • Data Collected by Technology (Cookies and Other Tracking Technologies)
    • Automatic Data Collection. We may collect certain technical information and usage data automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, browser or device information, location information, (including approximate location derived from IP address) and Internet service provider. This information may be linked and identified with your account. We may use cookies and other tracking technologies to track such technical and usage information. We may also use cookies to store certain types of information each time you use our Services. To find out more about how we use cookies, please review the section on Cookies below.
    • Usage Data. We may also automatically collect data about the use of the Services (for example, pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities and other information about your 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 and De-identified 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 de-identified, is owned by Kyndi, and is primarily used to help analyze and improve the Services.
    • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) Is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.  We may also include web beacons in e-mails to understand what messages have been opened, acted on, or forwarded.
    • Cookies. We use first and third party cookies to recognize you and/or your device(s) and provide a more personal and seamless experience when interacting with the Services.  Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
    • Use of Cookies and Other Tracking Technologies. Our uses of these technologies fall into one of the categories below. Please see our Cookie Preference Center for more information and to specify your choices regarding these Technologies.
      • Necessary cookies are absolutely essential for the website to function properly. They ensure basic functionalities and security features on the website.
      • Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedback, and other third-party features.
      • Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
      • Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics, including the number of visitors, bounce rate, traffic source, etc. We use analytics providers, such as Google Analytics. For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.
      • Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
      • We use other cookies that have not been classified into a category as yet.

 

  1. HOW DOES KYNDI USE YOUR PERSONAL DATA?
    Summary:

We use Personal Data for a variety of business purposes, including 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.  

  • Provide our Services. 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;
    • Process applications if you apply for a job we post to our Services; and
    • Allow you to register for events.
  • Administrative Purposes. Kyndi uses your Personal Data for various administrative purposes, such as:
    • Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
    • Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity and prosecuting those responsible for that activity;
    • Measuring interest and engagement in our Services;
    • Short-term, transient use, such as contextual customization of ads;
    • Improving, upgrading or enhancing our Services;
    • Developing new products and Services;
    • Ensuring internal quality control and safety;
    • Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
    • Debugging to identify and repair errors with our Services;
    • Auditing relating to interactions, transactions and other compliance activities;
    • Enforcing our agreements and policies; and
    • Complying with our legal obligations.
  • Marketing and Advertising our Products and Services. Kyndi may use your Personal Data to promote the Services, tailor the content, or send you other Kyndi marketing information, such as through email campaigns and custom audiences advertising. We may provide you with these materials as required by applicable law.  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.  If you have any questions about our marketing practices or if you would like to opt out of the use of your Personal Data for marketing purposes, you may contact us at any time as set forth in “Contact Information” below.
  • Other Uses. We may use your Personal Data for other purposes as requested by you or as permitted by applicable law.
    • We may use Personal Data for other purposes that are clearly disclosed to you at the time you provide Personal Data or with your consent.
  • Automated Decision-Making and Profiling. We do not use your Personal Data for automated decision-making. Share Content with Colleagues. Our Services may offer various tools and functionalities. For example, our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g. relative, friend, neighbor, co-worker).
  1. HOW DOES KYNDI SHARE PERSONAL DATA?

Summary: 

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, CCPA) 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 written 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, including the ability to 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 a 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.
  1. WHO DOES KYNDI SHARE YOUR INFORMATION WITH?

Summary: 

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 privacyrights@kyndi.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
    io
  • Web and Mobile Analytics
    Google Analytics
  • Website Hosting
    com

 

  1. DATA SECURITY

Summary: 

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.  

  • 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.

 

  1. INTERNATIONAL TRANSFER

Summary:

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.

  • 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.

 

  1. RETENTION OF YOUR DATA

Summary:

We will retain your Personal Data as long as is necessary to provide the Services, pursue legitimate interests, or to comply with applicable laws.

  • We store the Personal Data we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce agreements, and comply with applicable laws.

 

  1. HOW CAN YOU CONTROL YOUR DATA?
    Summary: 

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 privacyrights@kyndi.com.
  • Email Communications. With your consent, we will periodically send you emails promoting the use of the Services, including tips on using our platform. You can opt-out of these emails by following the unsubscribe instructions included in each email, or by changing your privacy and data settings in the Services. You may also request removal by contacting us at privacyrights@kyndi.com. Note that unsubscribing from marketing communications will not affect operational and transactional communications, including breach notices, renewal emails, etc. Our marketing emails are used only to promote and educate users about the Services. We do not accept advertisements on our Site or market other companies’ products to our users beyond the Youtube and LinkedIn advertising cookies enumerated in our Cookie Preferences Center.
  1. YOUR RIGHTS REGARDING PERSONAL DATA (EU AND CALIFORNIA USERS ONLY) 

Summary: 

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, including: (i) confirming whether we are processing your Personal Data and (ii) obtaining access to or a copy of your Personal Data in a structured, commonly used, and machine-readable format. You may exercise this right at any time via your Account or by contacting us directly.
    • Modification and Correction. You may modify inaccurate or incomplete 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 in a structured, commonly used, and machine readable format as you desire.
    • Objection or Restriction. You may request that we restrict certain processing of your Personal Data or object to certain processing of your Personal Data.
    • Additional Rights for California Residents. California residents also have the following rights:
      • Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
      • Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please log in to your account or contact us as set forth below.
    • If you wish to exercise any of these rights or need assistance, please submit the request via email at privacyrights@kyndi.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, and in accordance with applicable law. 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.

 

  1. CONTACT INFORMATION; COMPLAINTS
  • Contact Kyndi. 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 privacyrights@kyndi.com or write us at the address below:

 

Kyndi, Inc.

Attn:  Chief Information Security Officer
63 Bovet Road, Suite 332
San Mateo, CA 94402
United States

 

  • Contact our EU Representative. You can reach our European legal representative under:

Rivacy GmbH
Hammerbrookstr. 90
20079 Hamburg
info@rivacy.eu

  • Supervisory Authority (For residents of the European Economic Area, Switzerland and the United Kingdom). 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.