KICK PRIVACY NOTICE
Date Modified: [27 March 2024]
Welcome! We are Kick.com, a gaming livestreaming platform. Our goal is to create a creator-friendly streaming service for content creators.
This Privacy Notice explains how Kick, operated by Kick Streaming Pty Ltd, ("Kick", "Company", "we", "us" or "our") collects, uses, discloses, and otherwise processes personal information (as defined below) in connection with our websites and services and other websites we own and operate that link to this Privacy Notice, and the related content, platform, services, products, and other functionality offered on or through our services (collectively, the "Services"). It does not address our privacy practices relating to Kick job applicants, employees and other personnel.
Kick is the controller of the personal information we hold about you in connection with your use of the Services. This means that we determine and are responsible for how your personal information is used.
1. What is personal information?
When we use the term "personal information" in this Privacy Notice, we mean any data or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.
2. Our collection and use of personal information and purposes for processing
We collect personal information in a variety of ways. For example, you may provide us your personal information when you register for an account, post a review, send us messages, contacting us though other communication means or use some other feature of our Services. We may also collect information automatically through the use of our Services, or we may collect your personal information from third parties (collection from third parties is explained in the 'Personal information obtained from third parties' section below).
We may link or combine your activities and information collected from you on our websites with information we receive from third parties, as well as information we collect automatically through tracking technologies (defined below). This allows us to provide you with a personalized experience regardless of how you interact with us.
Personal information collected from you
We may collect the following categories of Personal Information submitted to us when you create an account or use our Services:
- — contact information, including first and last name, email address and physical address to communicate with you directly, and to send you marketing communications in accordance with your preferences;
- — account information, including first and last name, email address, physical address, user ID profile information, account balances, payment and purchase history information, and any other information you provide to us. We use this information to administer your account, provide you with the relevant service and information, communicate with you regarding your account and your use of the Services, and for customer support purposes;
- — payment information. If you sign up for one of our Services requiring payment, including subscribing to creator content or buying Kicks. We collect the information needed to facilitate such payment, including your crypto wallet information or other payment card information. We use third-party crypto and credit card payment processors, including Stripe, to process transactions. As such, we do not retain any financial information directly in connection with crypto payments (such as credit card numbers). Rather, all such information is provided directly by you to our third party processor. Stripe’s use of your personal information is governed by their privacy notice, which may be found at https://stripe.com/privacy ;
- — identification information, including government issued IDs and tax ID numbers prior to creators cashing out any earnings or Kicks through the Services. We use third-party identification verification service providers to collect this information directly and facilitate all identity and background checks. These providers will only process this information to provide us with the identity verification and background check services. Additional privacy information may be made available to you by the third parties at the time your information is collected;
- — inquiry and communications information, including information provided in custom messages sent through the forms, in chat messages, to one of our email addresses, or via phone. This also includes contact information provided on our Services. We use this information to investigate and respond to your inquiries, and to communicate with you, to enhance the services we offer to our users, and to manage and grow our organization;
- — newsletter and promotional messages, including email address and applicable interests and communication preferences. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you are a creator, we may also contact you with information about your account, your audience, your activities, or your payments. If you wish to stop receiving promotional email messages from us, simply click the "unsubscribe link" provided at the bottom of the email communication. You will not be able to unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, and technical or legal notices);
- — contest, sweepstakes, and survey information, including information provided when you enter a contest or sweepstakes, or information included in any questions submitted through surveys or content of any testimonials. We use this information to administer and facilitate the Page 3 ME_208661376_2 Services, to respond to your submission, to communicate with you, to conduct market research, to inform our marketing and advertising activities, and to improve and grow our business;
- — event and webinar information, including registration information, call-in details, attendee badge information, and contact information. We use this information to administer and facilitate the Services and improve and grow our business;
- — information collected through the use of the Services, including any files, documents, videos, images, data, or information you choose to upload or transmit through your communications with us or your use of the Services (collectively, "User Content"), including User Content uploaded in connection with any streams, such as comments and reactions. Additionally, if you are a streamer, we may collect information you provide through your streams, such as the metadata associated with your streams and engagement statistics. User Content and any information contained in the User Content, including personal information you may have included, is stored and collected as part of the Services. We use the User Content to provide you with the Services. Please note that all User Content, including your profile information, is posted publicly. For information on your options regarding public information, please see the 'Control over your personal information (including accessing and correcting it)' section below; and
- — feedback information, including feedback and ratings you provide relating to the Services. We use this information to communicate with you, to conduct market research, inform our marketing and advertising activities and improve and grow our business.
Personal Information Automatically Collected
As is true of many digital properties, we and our third party partners may automatically collect certain information from or in connection with your device when visiting or interacting with our Services, such as the list below and in the sub-sections here:
- — log data, including internet protocol (IP) address, operating system, device type and version, browser type and version, browser ID, the URL entered and the referring page/campaign, date/time of visit, other user agent string data, the time spent on our Services, and any errors that may occur during the visit to our Services. Log data may overlap with the other categories of data below;
- — analytics data, including the electronic path you take to our Services, through our Services and when exiting our Services, UTM source, as well as your usage and activity on our Services, such as the time zone, activity information (first and last active date and time), usage history (flows created, campaigns scheduled, emails opened, total log-ins) as well as the pages, links, objects, products and benefits you view, click or otherwise interact with. We may also analyze the interaction between you and your customer using our Services;
- — location data, including geolocation that we or our third-party providers may derive from your IP address;
- — cookie data, including (i) cookies or small data files that are stored on an individual's computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, "cookies") to automatically collect this personal information. We may also use this information to distinguish you from other users of our Services. This helps us monitor and analyze how you use and interact with our Services. It also helps us and our partners to determine products and services that may be of interest to you. For more information about these practices and your choices regarding cookies, please see the "Control over your information" section.
Personal information obtained from third parties
We also obtain personal information from third parties; which we may combine (either automatically or directly) with personal information we collect from an individual.
We may receive the same categories of personal information as described above from the following third parties:
- Kick entities: We may receive personal information from other companies and brands owned or controlled by Kick, and other companies owned by or under common ownership as Kick. We may use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
- Other users or individuals who interact with our Services: We may receive your information from other users or other individuals who interact with our Services. For example, we may collect information from individuals who interact with your streams and associate this information with your account. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
- Social media: When an individual interacts with our Services through various social media networks, such as when someone "Likes" us or provides comments on Facebook, or follows us or shares our content on Google, Facebook, Twitter or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual's privacy settings with the social network, and may include your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
- Third party service providers: Our service providers that perform services on our behalf, such as survey and marketing providers, information technology providers, and payment, identity and crypto partners, collect personal information and may share some or all of this information with us. The information may include contact information, demographic information, identification information, payment information, information about your communications and related activities, and information about your orders. We use this information to validate your identity, age and address, to comply with our legal obligations, to monitor activity to identify and provide you with promotions and offers, and to prevent fraud, protect our rights and the rights of others, to inform our marketing and advertising activities, and to help provide our Services.
- Business partners: We may receive your information from our business partners, such as companies that offer their products and/or services on our Services. We may use this information to administer and facilitate our services, your orders, and our marketing activities.
- Information we receive from authentication services you connect to our Services: Some parts of our Services may allow you to login through a third party social network or authentication service such as Facebook, Apple or Google. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. The data we receive is dependent on that third party's policies and your privacy settings on that third party site. We use this information to operate, maintain, and provide to you the features and functionality of the Services. We may also send you Service-related emails or messages (e.g., account verification, purchase confirmation, customer support, changes, or updates to features of the Services, or technical or security notices).
- Other sources: We may also collect personal information about individuals that we do not otherwise have from, for example, publicly available sources, third party data providers, brand partnerships, or through transactions such as mergers and acquisitions. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
Through the provision of our Services, we may also process aggregated or de- identified information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer or household. Aggregated and de-identified information is not subject to this Privacy Notice so long as Kick maintains and uses the information in de-identified form and does not attempt to re-identify the information.
Additional uses of personal information
We may also use personal information we collect:
- to fulfill or meet the reason the information was provided, such as to deliver the Services you have requested and to process transactions;
- to manage our organization and its day-to-day operations;
- to verify your identity and entitlement to our Services, when you contact us or access our Services;
- to register you for and provide you access to events and webcasts;
- to communicate with you, including via email, text message, social media and/or telephone calls;
- to request you to complete surveys about our organization, organizations we partner with, and the Services;
- for marketing and advertising purposes, including to market to you or offer you information and updates on products or services we think that you may be interested in through email. Where applicable, we may send you marketing messages if you have given us your consent to do so or where we have relied on the soft opt-in rule;
- to administer, improve and personalize our Services, including by recognizing you and remembering your information when you return to our Services;
- to process payment for our Services;
- to facilitate customer benefits and services, including customer support through our command center services;
- to identify and analyze how you use our Services;
- to conduct research and analytics on our customer and user base and our Services;
- to improve and customize our Services in order to address the needs and interests of our user base and other individuals we interact with;
- to test, enhance, update and monitor the Services, or diagnose or fix technology problems;
- to help maintain the safety, security and integrity of our property and Services, technology assets and business;
- To enforce our Terms of Use, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
- to prevent, investigate or provide notice of fraud or unlawful or criminal activity;
- to comply with contractual and legal obligations and requirements;
- to fulfill any other purpose for which you provide personal information; and
- for any other lawful purpose, or any other purpose to which you consent.
Where you choose to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide you with additional privacy-related information where the scope of the inquiry or request and/or personal information we require that falls outside the scope of this Privacy Notice. In that case, the additional privacy notice will govern how we may process the information provided at that time.
3. Our disclosure of personal information
We may share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as follows:
- Kick entities: We may share personal information with other companies owned or controlled by Kick, and other companies owned by or under common ownership as Kick, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the Services.
- Customer service and communication providers: We share personal information with third parties who assist us in providing our customer services and facilitate our communications with individuals who submit inquiries or register for our regular newsletters.
- Other service providers: In addition to the third parties identified above, we engage other third party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, employment application-related services, payment processing services, and administrative services.
- Other users and the public: If you participate in any of our online communities or purchase goods or services via our Services, we may disclose your public profile information to other online community members, as well as any other information you choose to provide or make public.
- Contests, sweepstakes, and survey providers: We share personal information with third parties who assist us in delivering our contests, sweepstakes, or survey offerings and processing the responses.
- Ad networks and advertising partners: We work with third party ad networks and advertising partners to deliver advertising and personalized content on our Services, on other websites and services, and across other devices. These parties may collect information directly from a browser or device when an individual visits our Services through cookies or other data collection technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Please see the Third party data collection and online advertising section below.
- Business transaction or reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy or receivership.
- Legal obligations and rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:
- in connection with the establishment, exercise or defence of legal claims;
- to comply with laws or to respond to lawful requests and legal process;
- to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
- to detect, suppress, or prevent fraud;
- to protect the health and safety of us and others; or
- as otherwise required by applicable law.
- With your consent: We may disclose personal information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual's consent or direction we may post their testimonial on our Services or service-related publications.
4. Third party data collection and online advertising
We may participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third party services to collect information about your use of our Services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the Services, AdID, precise geolocation and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.
Please see the "Online ads and control over your information" section below, to learn how you can opt-out of interest-based advertising.
We may engage in the following:
- Social media platforms: We may display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, LinkedIn, and other social media platforms. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not wish to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks.
- Third party marketing partners: We work with a variety of third party partners to provide advertising services. For example, we use Google Analytics to recognize you and link the devices you use when you visit our Services on your browser, log in to your account on our Services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Services and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's website, "How Google uses data when you use our partners' sites or apps" located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics' currently available opt-outs, including the Google Analytics Browser Ad-On here: https://tools.google.com/dlpage/gaoptout/.
We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI's online resources at http://www.networkadvertising.org/choices.
For more information about these practices and your choices regarding
cookies, please see our Cookie Policy.
5. Control over your personal information
You may control your information in the following ways:
- Accessing Your personal information: If you would like to request access to your personal information, you can contact us directly at [email protected]. We may need to verify your identity before responding to your request.
- Correcting, modifying or deleting your personal information: If you would like to seek the correction of your personal information or if you have any questions about reviewing, modifying, or deleting personal your information, including public information, you can contact us directly at [email protected]. We may need to verify your identity before responding to your request. We may not be able to correct, modify or delete your information in all circumstances. Further information regarding your rights on your personal information is available below.
- Our Services' access to your device information: You may control our Services' access to your device information through your "Settings" app on your device. For instance, you can withdraw permission for the Services to access your network devices and geolocation and to integrate with your other applications.
- Email communications preferences: You can stop receiving promotional email communications from us by clicking on the "unsubscribe" link provided in such communications. You may not opt-out of Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
- Push notifications: You can stop receiving push notifications from us by changing your preferences in the iOS or Android notifications settings menu.
- SMS messaging. You may opt-out of receiving SMS text messages at any time. However, unsubscribing from text messages will not stop you receiving SMS messages from Kick directly relating to your use of the Services, such as for account login (e.g., we may send you a security verification code). To unsubscribe from SMS messages, you can reply STOP to any one of our text messages. For more information, see our Terms of Use.
- Online ads: To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, residents outside of the European Economic Area, United Kingdom and Switzerland may wish to visit the Digital Advertising Alliance's (DAA's) resources and/or the Network Advertising Initiative's (NAI's) resources, at www.aboutads.info/choices or http://www.networkadvertising.org/choices/. If you are in the European Economic Area, United Kingdom or Switzerland:https://youronlinechoices.eu/. You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting "limit ad tracking" (iOS) or "opt-out of interest-based ads" (Android). You may also be able to opt-out of some (but not all) interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
You should be aware that when you opt-out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our Services. Rather, it means that the online ads that you do see from DAA program participants may not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third parties' opt- out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our Services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA's Principles.
6. Complaints
You can make a privacy complaint to us by contacting [email protected]. We will respond to you within a reasonable period of time to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint. If you are not satisfied that your complaint has been resolved then you can request from us the contact information for the relevant local governing body regarding your complaint.
7. Personal information of children
Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If an individual is under the age of 13, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child's parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 13, we will promptly delete that personal information.
8. Data collection technologies used in our emails
Our emails may contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it, and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests, and understand if you have opened and read any important administrative emails we might send you.
Many popular email clients will allow you to block these pixels by disabling certain external images in emails. You can do this through the settings on your email client -- these generally give you the option of choosing whether emails will display "remote images", "remote content" or "images" by default.
Some browsers also give you the option of downloading and installing extensions that block pixels and other tracking technologies.
9. Storage, security and international transfers of your personal information
We store your personal information electronically.
Security. We have implemented reasonable precautions to protect the information we collect from loss and misuse and from unauthorized access, disclosure, alteration and destruction. Please be aware that, despite taking every reasonable effort, no data security measures can ever guarantee security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, logging off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login credentials secret. To the extent permitted by law, we are not responsible for any loss, cost, liability or expense incurred by you should you fail to do any of these things.
International transfers of your personal information. TThe personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third party service providers have operations, including in the United States If you are accessing our Services from the European Economic Area ("EEA"), UK or Switzerland, your personal information will be processed outside of the EEA, the UK and Switzerland.
In the event of such a transfer, we will ensure that: (i) the personal information is transferred to countries recognised as offering an equivalent level of protection to that of the EEA ; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard contractual clauses adopted by the European Commission. If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of this Privacy Notice.
10. Profiling
We may analyze personal information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use personal information about you to detect and reduce fraud and credit risk.
11. Links to third party websites or services
Our Services may include links to third party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please consult their respective privacy notices.
12. Updates to this Privacy Notice
We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and, to the extent permitted by law, retroactively to all personal information we have already collected. Your continued access to or use of the services after this Privacy Notice has been modified signifies your acknowledgement of the updated Privacy Notice. As a result, you should frequently review this Privacy Notice to ensure you are comfortable with our privacy practices.
13. Contact us
If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to [email protected].
Our Data Protection Officer (DPO) can be reached at [email protected]. We will respond to your inquiry within 30 days of its receipt or within the maximum applicable timeline in your jurisdiction.
You may have information mailed to us by sending a letter to 2/287 Collins Street, Melbourne VIC 3000 Australia. Please ensure the letter includes your registered email address and the details of your request.
14. Region-specific provisions
We may elect to, or be required by law to, provide different or additional information relating to the processing of personal information (as defined below) about residents of certain countries, regions or states. Please refer below for additional information that may be applicable to you:
EEA, United Kingdom or Switzerland
If you are located in the EEA (being the Member States of the European Union together with Iceland, Norway, and Liechtenstein), United Kingdom, or Switzerland, please see the "Additional EEA, United Kingdom, and Switzerland Privacy Disclosures" section for additional European-specific privacy disclosures.
ADDITIONAL EEA, UNITED KINGDOM AND SWITZERLAND PRIVACY DISCLOSURES
These Privacy Disclosures set out information about how we use your personal information when you access our Services from the EEA, United Kingdom ("UK") and Switzerland. Please ensure that you have read and understood these Privacy Disclosures alongside our Terms of Service ("TOS") before you access or use the Service.
Personal information: When we use the term "personal information" in these Privacy Disclosures, we mean information relating to an identified or identifiable natural person.
Personal information we collect and how we use it
We collect specific categories of personal information from you when you use our Services or from third parties. For a list of the categories of personal information and how we use it, please visit the "Our collection and use of personal information" section of our Privacy Notice.
We will indicate to you, at the point that we collect personal information from you, if the provision of certain personal information is mandatory or optional. Some information, such as your name, address, payment transaction information, and information on your requested services, may be necessary for your use of certain features and functionalities of the Services. If you choose not to provide personal information marked as mandatory, we may not be able to provide those aspects of the Services to you, or to respond to your queries and other requests.
How long will we store your personal information?
We will usually store the personal information we collect about you for no longer than necessary for the purposes set out in this Privacy Notice, and in accordance with our legitimate business interests and applicable law. For example, if your personal information is subject to the EU GDPR or UK GDPR, the criteria used to determine the period for which personal information about you will be retained varies depending on the legal basis under which we process the personal information:
- Contract. Where we are processing personal information is based on contract, we generally will retain your personal information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from our contractual relationship.
- Legitimate interests. Where we are processing personal information based on our legitimate interests, we generally will retain such information for a reasonable period of time based on the particular interest, taking into account your fundamental interests and your rights and freedoms.
- Consent. Where we are processing personal information based on your consent, we generally will retain your personal information until you withdraw your consent, or otherwise for the period of time necessary to fulfil the underlying agreement with you or provide you with the applicable service for which we process that personal information.
- Legal Obligation. Where we are processing personal information based on a legal obligation, we generally will retain your personal information for the period of time necessary to fulfil the legal obligation.
- Legal claim. We may need to apply a "legal hold" that retains information beyond our typical retention period where we face threat of legal claim or intent to establish a claim. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.
In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the personal information, as well as the potential risk of harm from unauthorized use or disclosure of your personal information.
Recipients of personal information
We may share your personal information with third parties. For a detailed list of the categories of third parties, please visit the "Our disclosure of personal information" section of our Privacy Notice.
Legal bases for processing
We only process and retain your personal information as permitted under applicable law. For example, we will only process your information where we have established a lawful basis to do, as follows:
When it is necessary for the performance of a contract to which you are party, or to take steps at your request prior to agreeing a contract: this applies to any processing where you sign a contract with us, for example when you become our customer, participate in our affiliate or premium partner program, or deliver services to us as a vendor or contractor. This may also include our Terms of Use.
Where we have a legitimate interest which we believe outweighs your interests or fundamental rights and freedoms: this applies to the following processing activities:
When we communicate: to respond to your inquiries and, on some occasions, keep records in case of complaints or legal claims;
when you use our Services: when you access and use our Services, we process technical and analytics data to see if and how our Services can be improved, so that we can offer you a better user experiences in the future;
marketing opt-outs: when you unsubscribe or request to restrict the use of your personal information for marketing communications, it is in our legitimate interest to avoid contacting you again;
marketing to existing customers (unless you have consented to such marketing) : to find, customize and offer products and services we hope you find useful and relevant, i.e., provide you with excellent customer service; and
sharing personal information with other parties: to run our business efficiently and securely.
We have your consent: wherever you clearly consent to the processing, for example when you sign up for our newsletters or events, request a demo, free trial or a download, or submit a survey. Here, your consent is implied, meaning that you consent by submitting a particular form. We also rely on your consent for using cookies and other technologies on our website and here you explicitly agree to these. Note that your default setting depends on your location (country), as the rules for using such technologies vary across jurisdictions.
We are subject to a legal obligation: for any processing where we need to comply with laws and regulations related to bookkeeping, accounting, taxation and employment, for example for keeping records.
Your rights in respect of your personal information
In accordance with applicable privacy law, you may have the following rights in respect of your personal information that we hold (some rights may not be available in some countries)
- Right of access. You have the right to obtain:
- confirmation of whether, and where, we are processing your personal information;
- information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;
- information about the categories of recipients with whom we may share your personal information; and
- a copy of the personal information we hold about you.
- Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal information to another person.
- Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
- Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
- Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
- Right to withdraw consent. There are certain circumstances where we require your consent to process your personal information. In these instances, and if you have provided consent, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal.
You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
If you wish to exercise one of these rights, please contact us at [email protected].
Due to the confidential nature of data processing we may ask you to confirm your identity when exercising the above rights.
You also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here. If you are based in the UK or Switzerland, your local data protection authorities are the UK Information Commissioner's Office (https://ico.org.uk/global/contact-us/) and the Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact/address.html).