Klever Insight Privacy Policy
Last modified: November 14, 2018
Introduction
We respect your privacy and are committed to protecting it through our compliance with this Policy. This Policy describes the types of information we may collect from you or that you may provide when you visit the Platform kleverinsight.com and our practices for collecting, using, maintaining, protecting and disclosing that information.
This Policy applies to any information that we collect on the Platform, including any information in any emails, posts, texts and other electronic messages between you and the Platform and any information about you transferred to the Platform from other websites. This Policy also applies to any related information that we collect about you offline but that will be processed by automated means using the Platform. This Policy does not apply to any other information that we collect by any means.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you can choose not to use our Platform. By accessing or using our Platform, you agree to this Policy. This Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Information We Collect About You and How We Collect It
We may collect a few types of information from and about users of our Platform, including information by which you may be personally identified, specifically your name and email address. All of this information is cumulatively referred to in this Policy as “Personal Information”.
The information we collect on or through our Platform may include information that you provide by registering to use our Platform, using our services, posting material, requesting further services or reporting a problem with our Platform. We will also retain records and copies of your correspondence (including email addresses), if you contact us.
As you navigate through and interact with our Platform, we may automatically collect certain traffic data and usage information to help us manage our content and improve your use of the Platform. This may include information about your equipment, your IP address, and your browsing actions and patterns when you visit our Platform, including the referring and exit pages. The technologies that we use for this automatic data collection may include cookies that are stored on your computer, small embedded electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) and other types of embedded code on the Platform that permit us to count users and obtain other related Platform statistics (for example, recording the popularity of certain Platform content and verifying system and server integrity).
You also may provide information to be posted, published or displayed on public areas of the Platform, or transmitted to other users of the Platform or third parties, including information, feedback and comments (collectively, “User Contributions”). Your User Contributions are posted on the Platform and transmitted to others at your own risk. We cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Legal Basis for Processing
We have the legal right to use your Personal Information in the ways described in this Privacy Policy based on your consent, or on the need to use the Personal Information to provide you with goods or services that you request, or for the legitimate purposes of furthering our existing relationship with you or preventing fraud. Accordingly, you have a contractual rather than a statutory obligation to provide such information. If you do not provide such information, you may be unable to use our Platform and we may be unable to provide any goods or services that you request.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information, to present our Platform and its contents to you, to provide you with information, products or services that you request from us, and to fulfill any other purpose for which you provide the information. We may also use your Personal Information to notify you about changes to our Platform or any products or services we offer or provide through it and to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. We may also use the information that you provide in any other way that we describe when you provide the information and for any other purpose with your consent.
We retain your Personal Information while you are using the Platform to improve your use of the Platform. Once you are no longer using our Platform, we will store your Personal Information for so long as we may need it to answer questions about the products or services that we provided, or to comply with the recordkeeping requirements of applicable law.
Disclosure of Your Information
We may disclose your Personal Information for any permitted marketing purposes. This may include (1) disclosing User Contributions to rate features, products or services; or (2) creating affinity-based groups of users. We may also disclose your Personal Information for any other purpose disclosed when the information is provided, and for any other purpose with your consent.
We may pseudonymize some of your Personal Information so that it can no longer be attributed to you without the use of other separately maintained information or convert or combine some of your Personal Information into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user. We may disclose any such pseudonymized, de-identified or aggregated data without restriction.
Some of the information that we collect from cookies, web beacons or other embedded code relates to your personal use of the Platform and allows us to store information about your preferences, speed up your searches and recognize you when you return to our Platform. Other information that we collect from cookies, web beacons or other embedded code is not tied to your Personal Information and enables us to estimate our audience size and usage patterns.
We may disclose Personal Information to our subsidiaries and affiliates and to any contractors, service providers and other third parties who need to know such information to support our permitted uses of Personal Information. We may disclose such Personal Information to a buyer or other successor to our business in the event of a sale of equity or assets, reorganization, merger or a similar corporate transaction, and any due diligence review with respect to any such proposed transaction.
We may also disclose your Personal Information to comply with any court order, law or legal process, including to meet national security and law enforcement requirements and to respond to any government or regulatory request or audit, and to enforce or apply our Terms of Use, including for billing and collection purposes, or if we believe disclosure is necessary or appropriate to protect the rights, property or safety of our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Use of Personal Information for Marketing Purposes
We may use your Personal Information to provide you with promotional information about our own products and services. We may use your Personal Information for our tracking purposes, but only to the extent described below.
Currently, we do not provide any of your Personal Information to third parties to use for advertising, marketing or tracking purposes.
Tracking
Tracking involves the use of cookies, web beacons, or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the pages visited.
We do not currently collect Personal Information about your online activities over time and across third-party sites for tracking purposes. We do not currently allow third parties to collect Personal Information on the Platform that could be used by them to analyze and store information about your online activities over time and across third-party sites for tracking purposes.
Choices About How We Use and Disclose Your Information
You have certain choices regarding the Personal Information you provide to us. You can set your browser to refuse all or some browser cookies. If you disable or refuse cookies, some parts of the Platform may then be inaccessible or not function properly.
If you do not wish to have your Personal Information used by us, you can opt out by logging into the Platform and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected]. For this opt-out to function, you must have your browser set to accept browser cookies. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. Your opt-out would not apply to disclosure to a third party that is acting on our behalf and under our instructions in support of our permitted uses of your Personal Information.
Users Outside of the United States
Our Platform is hosted in the United States and our services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a resident of any country other than the United States, please note that by providing your Personal Information to us, you are consenting to the transfer of your Personal Information to the United States and other jurisdictions as indicated above, and to our use and disclosure of your Personal Information in accordance with this Policy.
Klever Insight complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Klever Insight has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/
If you are a resident of the European Union, please note that the EU has determined that the laws of the United States do not provide adequate protection for your Personal Information. Accordingly, we are transferring your Personal Information from the EU to the United States under the terms of our certification with the U.S. Department of Commerce under the Privacy Shield. You can find more information on your rights under the Privacy Shield at https://www.privacyshield.gov/welcome. Under the Privacy Shield, we have committed to treat all Personal Information received from the EU (“EU Personal Information”) in the manner required by the Privacy Shield Principles, and we follow internal procedures for verifying that our commitments under this Policy have been implemented. Our compliance with this obligation can be investigated and enforced by the FTC.
If you are a resident of the European Union, you will have the following additional rights with respect to EU Personal Information:
* If we intend to disclose your EU Personal Information to any third party that will have the right to process your EU Personal Information, we will enter into a contract with that third party that provides that your EU Personal Information may be processed only for limited and specified purposes consistent with the consent that you have provided to us, and that the third party must provide the same level of protection for your EU Personal Information that we are obligated to provide under this Policy while it is processing your EU Personal Information. In addition, we will notify you if that third party will have the right to determine the purposes for which it will process your EU Personal Information and the means it will use to process your EU Personal Information (rather than just providing requested assistance to us in support of our permitted uses of your EU Personal Information).
• If your EU Personal Information is being processed by automated means, you have the right to obtain a copy of your provided EU Personal Information, together with certain additional Personal Information that we have generated as a result of your use of our services, in a structured and commonly used and machine-readable format, and to transfer such Personal Information to another service provider. Upon your request, we will transfer that Personal Information directly to another service provider if it is feasible for us to do so. * If we are processing your EU Personal Information based on your consent, you may withdraw that consent at any time.
• You may restrict our use of your EU Personal Information, by sending us an email stating your request to [email protected], if you have contested the accuracy of that information, or if the processing is unlawful or you need the information to establish, exercise or defend a legal claim. We will then store your EU Personal Information and process it only with your consent, or to establish, exercise or defend a legal claim or to protect the rights of others. The restriction with respect to information claimed to be inaccurate would end if we verify the accuracy of that contested information.
• Some of the EU Personal Information that you provide to us may be sensitive information related to your racial or ethnic identity, political opinions, religious or philosophical beliefs, trade union membership, health (including genetic and biometric data), sex life, sexual orientation or other information that you identify as being sensitive at the time that you disclose it to us (“EU Sensitive Information”). We will not otherwise use or disclose any of your EU Sensitive Information without your express consent, subject to certain limited exceptions. Should we wish to make any such use or disclosure, we will notify you by email and request that you authorize such use or disclosure by responding to the email with your express consent.
• We may create profiles to analyze or predict your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. However, we do not make any decision about you that would have legal consequences or similarly significant affects for you based solely on automated decision-making, including the use of profiles.
• Upon our receipt of your request by email at [email protected] and our verification of your identity, we will advise you whether or not we are processing EU Personal Information concerning you and, if so, will provide you with a copy of your EU Personal Information being processed and certain information about the nature and purposes of the processing. If your EU Personal Information is used for automated decision-making, we will provide you with information on the logic being used and the types of decisions being made. You may correct any such EU Personal Information that is inaccurate or incomplete.
• Upon your request, we will erase any of your EU Personal Information that is no longer needed for the purpose for which it was collected, or that is being used for direct marketing purposes, or if our use is based on your consent and you withdraw that consent.
• Our Platform may be used by children in the European Union between the ages of 13 and 16 only with parental consent. If we learn we have collected or received Personal Information from a child in the European Union under the age of 16 without verification of parental consent, we will delete that information. In addition, if we have collected Personal Information from any child in the European Union to provide goods or services to that child for a fee, we will erase the Personal Information of that child upon request.
• If we are using your EU Personal Information on the basis of your consent, and we change our Policy to permit any use or disclosure of your EU Personal Information that is materially different than the uses for which it was originally collected or subsequently authorized by you, we will obtain your consent before we make such further uses of your EU Personal Information.
• If you have a complaint about our compliance with this Policy or the Privacy Shield, you may contact us at [email protected]. If you are an EU resident and you are not satisfied with our response, you will have a prompt, no-cost way of asserting your claim by contacting https://www.jamsadr.com/eu-us-privacy-shield. If you are an EU resident and you still are not satisfied, you may have the right, under certain conditions, to invoke binding arbitration. Alternatively, you will have the right to lodge a complaint with the Supervisory authority in your country of residence in the EU. You can find more information on your enforcement rights at https://www.privacyshield.gov/welcome.
Accessing and Correcting Your Information
You can review and change certain portions of your Personal Information by logging into the Platform and visiting your account profile page. You may also send us an email to [email protected] to request the right to view any of your Personal Information that we store and use, and to correct, amend or delete any such Personal Information that is inaccurate.
Unless you have provided EU Personal Information, which is covered by Users Outside of the United States https://www.jamsadr.com/eu-us-privacy-shield we will evaluate requests on a case-by-case basis.
• We may not be able to delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Platform users.
Children
Our Platform is not intended for children under 13 years of age, and no one under age 13 may provide any information to this Platform. We do not knowingly collect personal information from children under the age of 13. If you are under age 13, do not use or provide any information on this Platform, make any purchases through this Platform, use any of the interactive or public comment features of this Platform, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under age 13, please contact us at [email protected].
Data Security
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information that you provide to us is stored on our servers behind firewalls, and certain Personal Information will be encrypted using secure socket layer (SSL) technology.
The safety and security of your information also depends on you. When we have given you (or when you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping that password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform such as message boards. The information you share in public areas may be viewed by any user of the Platform.
Unfortunately, the transmission of information over the Internet is not completely secure. Although we have implemented security measures that we think are adequate, we cannot guarantee the security of your Personal Information transmitted to our Platform. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Platform.
At this time, we do not transfer personal information to other third parties acting as a controller, but if we were to do so, we would ensure that that organization complies with the same notice and choice principles. We will include in our contracts with any third-party controller that they comply with our specified and limited purposes such that they provide the same level of protection as our organization provides. The contract will also specify the notification requirements if the third-party controller cannot comply with this obligation and will specify that the third party will cease processing data or take reasonable steps to remediate. controller ceases processing or takes other reasonable and appropriate steps to remediate.
For personal information transferred to a third party acting as an agent, we confirm that we (i) transfer such data only for limited and specified purposes; (ii) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the this policy; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with the organization’s obligations under this ; (iv) require the agent to notify the organization if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by this policy; (v) upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and (vi) provide a summary or a representative copy of the relevant privacy provisions of its contract upon request.
Under certain circumstances, for third party data transfers covered under Privacy Shield, Klever Insight may be liable for appropriate onward transfers, unless Klever Insight proves that it is not responsible for the event giving rise to the damages.
Changes to Our Privacy Policy
We post any changes we make to our Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the primary email address specified in your account [and/or] through a notice on the Platform home page.
The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and for periodically visiting our Platform and this Policy to check for any changes.
Contact Information
To ask questions or comment about this Policy and our privacy practices, contact us at: [email protected]
If you have concerns about our Privacy Policy or the way in which we are processing your Personal Information, you can contact our Data Controller at [email protected].
If you have a complaint that has not been satisfied by contacting us at one of the addresses above, you have the right to complain to the independent public authority created by your country of residence with the responsibility for monitoring the laws governing the processing of Personal Information.