Privacy Policy

 

Introduction

Kitewheel is committed to protecting the privacy of all our clients, partners and their customers information. This Privacy Policy (“Policy”) governs Kitewheel’s use of personally identifiable information about users of our products, services and/or software that is available for access or download on our websites (our “Services”) and also users of our website www.kitewheel.com and associated content (collectively referred to as the “Site(s)”). It also describes the choices available to you regarding our use of your personally identifiable information and how you can access and update this information.

Privacy Policy Updates

Due to the Internet’s rapidly evolving nature, Kitewheel may need to update this Privacy Policy from time to time. If so, Kitewheel will post our updated Privacy Policy on our Site and post notice of the change so it is visible when users log-on for the first time after the change is posted so that you are always aware of what personally identifiable information we may collect and how we may use this information. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. Kitewheel encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site and/or continued provision of personally identifiable information to us will be subject to the terms of the then-current Privacy Policy.

Data Integrity and Purpose Limitation

Kitewheel is a provider of cloud platform related services, including Software as a Service (“SaaS”) products, technical support services and professional consulting services for Customer Journey Orchestration.  Our services would normally not process any personally identifiable information, and will only do so upon the instruction of our clients or partners in accordance with the terms of the applicable agreement between Kitewheel and client or partner.

Information Collection and Use

You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, we may invite you to participate in surveys, questionnaires or contests, contact us with questions or comments or request information, participate in chat or message boards, or complete a profile or registration form. Furthermore, we require you to complete a registration form to access certain restricted areas of the Site, to use certain services and when you download any material or software. Due to the nature of some of these activities, we may collect personally identifiable information such as your name, e-mail address, address, phone number, password, screen name and other contact information that you voluntarily transmit with your on-line and in-person communications to us and personally identifiable information that you elect to include in your postings.

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you in our contract or on our order schedule. You must provide contact information (such as name, email, and shipping address) and financial contact information.  We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

We use your personally identifiable information to register you to use our services or access software or other content, contact you to deliver certain goods, services or information that you have requested, provide you with notices regarding goods or services you have purchased, provide you with notices regarding goods or services that you may want to purchase in the future, verify your authority to enter our Site and improve the content and general administration of the Site and our services.

Certain modules within the Kitewheel software connect your installation of Kitewheel to our subscription services, these modules will report to us, and we will collect, your IP address, operating system type and version, web server type and version, database type and version, version of the services. The foregoing information will be linked to your personally identifiable information and user accounts and we may use the foregoing information to better provide technical support to you and our customers and to improve our services.

If you choose to contact us by e-mail, we will not disclose your contact information contained in the e-mail, but we may use your contact information to send you a response to your message. Notwithstanding the foregoing, we may publicly disclose the content and/or subject matter of your message, therefore, you should not send us any ideas, suggestions or content that you consider proprietary or confidential. All e-mail content (except your contact information) will be treated on a non-proprietary and non-confidential basis and may be used by us for any purpose.

Communications from Kitewheel

Special Offers and Updates

We will occasionally send you information on products, services, events, special deals, promotions. Out of respect for your privacy, we present the option not to receive these types of communications. Please see “Choice and Opt-out.”

Newsletters

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Choice and Opt-out” section.

Service-related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.  You are encouraged to sign up for service notifications at http://www.kitewheelstatus.com. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your notification account.

Customer Service

For all clients and partners of Kitewheel, based upon the personally identifiable information you provide us, we may send emails to establish accounts, user credentials and to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

Choice and Opt-out

We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information, and often as part of our regular communications.

To request updates or changes to your information or your preferences regarding receiving future promotional messages from us, you may contact our Privacy Officer using the information in the Contact Us section of this Privacy Policy or follow the opt-out instructions that are contained in the bottom of the email communication you received.

Please note that if you are a client or partner of Kitewheel, or a user of our services and products, and you opt out of receiving our promotional or marketing emails, you may still receive certain service-related communications from us, such as administrative and services announcements and messages about your account.

Employment Opportunities

We provide you with a means for submitting your resume or other personally identifiable information through the Site for consideration for employment opportunities at Kitewheel. Personally identifiable information received through resume submissions will be kept confidential. We may contact you for additional information to supplement your resume, and we may use your personally identifiable information within Kitewheel, or keep it on file for future use, as we make our hiring decisions.

Children’s Privacy

Kitewheel recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. This Site is not intended for children under the age of 13. Kitewheel does not target its services or this Site to children under 13. Kitewheel does not knowingly collect personally identifiable information from children under the age of 13.

Cookies and GIFs

We use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user’s hard drive containing information about the user. Cookies generally do not permit us to personally identify you (except as provided below). We may also use clear GIFs (a.k.a. “Web beacons”) in HTML-based emails sent to our users to track which emails are opened by recipients.

Additionally, when using the Site, we and any of our third-party service providers may use cookies and other tracking mechanisms to track your user activity on the Site and identify the organization or entity from which you are using the Site. If you register with the Site, we, and our third-party service providers, will be able to associate all of your user activity with your personally identifiable registration information. We will use such user activity information to improve the Site, to provide context for our sales and support staff when interacting with you and customers, to initiate automated email marketing campaigns triggered by your activity on the Site and for other internal business analysis.

Aggregate Information

The Site may track information that will be maintained, used and disclosed in aggregate form only and which will not contain your personally identifiable information, for example, without limitation, the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, External Web Sites (defined below) linked to and IP addresses. We may analyze this data for trends and statistics in the aggregate, and we may use such aggregate information to administer the Site, track users’ movement, and gather broad demographic information for aggregate use.

Disclosure

We will not sell your personally identifiable information to any company or organization, except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Kitewheel participates or to a purchaser or acquirer of all or substantially all of Kitewheel’s assets to which this Site relates. We may provide your personally identifiable information and the data generated by cookies and the aggregate information to parent, subsidiary or affiliate entities within Kitewheel’s corporate family, partner entities that are not within Kitewheel’s corporate family and vendors and service agencies that we may engage to assist us in providing our services to you. For example, we may provide your personally identifiable information to a finance company to process your payment. Such third-party service providers may be obligated to protect your personally identifiable information consistent with the terms of this Privacy Policy and not for their promotional purposes and/or required to enter into written confidentiality and data processing agreements including the commitment to be compliant with the Standard Contractual Clauses issued by the European Commission. We will also disclose your personally identifiable information (a) if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an ongoing investigation of a governmental authority, (b) to enforce the Kitewheel Terms of Service agreement or to protect our rights or (c) to protect the safety of users of our Site and our services.

The Site may provide links to other Web sites or resources over which Kitewheel does not have control (“External Web Sites”). Such links do not constitute an endorsement by Kitewheel of those External Web Sites. You acknowledge that Kitewheel is providing these links to you only as a convenience, and further agree that Kitewheel is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked External Web Sites.

Security

We employ procedural and technological measures that are reasonably designed to help protect your personally identifiable information including sensitive data from loss, unauthorized access, disclosure, alteration or destruction. Kitewheel may use encryption, transport layer security, firewall, password protection and other physical security measures to help prevent unauthorized access to your personally identifiable information including sensitive data. Kitewheel may also place internal restrictions on who in the company may access data to help prevent unauthorized access to your personally identifiable information. These precautions take into account the risks involved in the processing, the nature of personally identifiable information, and best practices in the industry for security and data protection.

Accountability for Onward Transfer

Kitewheel is accountable for personally identifiable information that we receive and subsequently transfer to third parties. If third parties that process personally identifiable information on our behalf do so in a manner that does not comply with this Privacy Policy, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.

Contact information and client or partner personally identifiable information is accessible only by those Kitewheel employees and consultants who have a reasonable need to access such information in order for us to fulfill contractual, legal and professional obligations. All of our employees and consultants have entered into confidentiality agreements, and/or have been subjected to thorough criminal background checks requiring that they maintain the confidentiality of personally identifiable information.

In the event Kitewheel discloses personally identifiable information covered by this Policy to a non-agent third party, it will do so consistent with any notice provided to Data Subjects and any choice they have exercised regarding such disclosure. Kitewheel will only disclose personally identifiable information to third-party agents that have given us contractual assurances that they will provide at least the same level of privacy protection as is required by this Privacy Policy and the Principles and that they will process personally identifiable information for limited and specific purposes consistent with any consent provided by the individual. If Kitewheel has knowledge that a third party to which it has disclosed personally identifiable information covered by this Privacy Policy is processing such personally identifiable information in a way that is contrary to this Privacy Policy and/or the Principles, Kitewheel will take reasonable steps to prevent or stop such processing. In such case, the third-party is liable for damages unless it is proven that Kitewheel is responsible for the event giving rise to the violation.

Kitewheel may use from time to time a limited number of third-party service providers, contractors, and other businesses to assist us in providing our solutions to our customers or in meeting internal business operation needs. These third-parties may access process or store personally identifiable information in the course of performing their duties to Kitewheel. Kitewheel maintains contracts with these providers restricting their access, use and disclosure of personally identifiable information in compliance with our obligations under the Principles.

Updating and Deleting Personally Identifiable Information

Kitewheel provides you with the ability to review and update the contact information that you provide to us and account information retained by Kitewheel related to your interest, download, business or partnership activities. If you wish to review and/or update any of the foregoing information, you may access your account and review and update your personally identifiable information or you may contact us at the e-mail, phone or mailing address listed below.

Kitewheel will also delete the personally identifiable information that you have provided to us: (a) upon your request, or (b) upon termination of your Kitewheel account; provided, however, Kitewheel will retain a copy in its files of all personally identifiable information, if required for legal reasons.

If you wish to review, correct or request the deletion of any information you have provided to us, contact us: By mail: 186 South Street, Boston, MA 02111, USA or by email to privacy@kitewheel.com.  We will respond to your request for access within 30 days.

Enforcement and Liability

Kitewheel is subject to the jurisdiction and enforcement and investigatory authority of the United States Federal Trade Commission.

Kitewheel also commits to periodically reviewing and verifying the accuracy of this Policy and the company’s compliance with the Principles, and remedying issues identified. All employees of Kitewheel that have access to personally identifiable information covered by this Policy are responsible for conducting themselves in accordance with this Policy. Failure of a Kitewheel employee to comply with this Policy may result in disciplinary action up to and including termination.

Dispute Resolution

Kitewheel assures compliance with this Privacy Policy by fully investigating and attempting to resolve any complaint or dispute regarding the use and disclosure of personally identifiable information in violation of this Privacy Policy.

Any questions or concerns regarding the use or disclosure of personally identifiable information should first be directed to Kitewheel at the address given below.

Kitewheel will respond to any inquiries or complaints within forty-five (45) days. In the event that Kitewheel fails to respond or its response is insufficient or does not address the concern, Kitewheel has registered with JAMS to provide independent third-party dispute resolution at no cost to the complaining party.

Kitewheel will cooperate with the United States Federal Trade Commissions and any data protection authorities of the EU Member States (“DPAs”) in the investigation and resolution of complaints that cannot be resolved between Kitewheel and the complainant that are brought to a relevant DPA.

Contact Us

If you have any questions or complaints regarding this Privacy Policy please contact us by mail: Kitewheel LLC, 186 South Street, 3rd Floor, Boston, MA 02111 USA Attention: President

Or e-mail to privacy@kitewheel.com

 

Updated May 22nd 2018