Kiverdi, Inc. - Privacy Notice

Effective: October 11, 2022

Please read this Privacy Notice carefully. It provides important information about your personal information and tells you about your rights under applicable privacy laws. If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, please contact us.

If you're a resident of California or Nevada, you should read this policy and the applicable sections below for residents of California and Nevada.

BY ACCESSING OR USING THE SITE (OR ANY PART THEREOF), OR SUBMITTING INFORMATION IN CONNECTION WITH YOUR USE OF THE SITE (OR ANY PART THEREOF), YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY NOTICE.

Table of Contents

  1. Introduction

  2. Changes to this Privacy Notice

  3. Information We Collect

  4. Children’s Privacy

  5. Sensitive Data

  6. How Kiverdi Uses Personal Information

  7. Sharing Personal Information

  8. Marketing Communications

  9. Your Choices

  10. Third Party Social Plug-Ins

  11. External Websites

  12. Data Retention

  13. Data Security and Protection

  14. California Privacy Rights – Shine the Light

  15. Nevada Privacy Rights

  16. International Transfers

  17. How to Contact Us

1. Introduction

Kiverdi, Inc. (“Kiverdi”, “Company”, “we”, “our” or “us”) owns and operates Company’s corporate-facing website located at www.kiverdi.com (the “Site”). This Privacy Policy applies to the Site and any services or features that we provide or make available directly in connection with the use of the Site (the “Services”).

2. Changes to this Privacy Notice

Company reserves the right to update or modify this Privacy Notice at any time. Except for material changes as described below in this Section, all updates and modifications to these documents will be effective from the day they are posted on the Site at www.kiverdi.com/privacy-statement. If we make any material changes to this Privacy Notice, we will notify you of these changes by sending a notification to the email address we have on file for you, and may also post a prominent notice of any such changes on the Site. It is your responsibility to regularly visit and review this Privacy Notice. If you do not agree to any updates or modifications to the Privacy Notice, cease all use of the Site and Services. Your continued use of the Site and/or Services after we have posted the updated Privacy Notice, or, in the event of material changes, ten (10) days following the date we first notified you of such material changes via email or the date we posted the notice of such changes on the Site, as applicable, signifies to us that you acknowledge and agree to be bound by the revised Privacy Notice.

3. Information We Collect

How and what personal information we collect in connection with the use of the Site and Services depends on how and why you use the Site and Services.

The term “personal information” or “personal data” means any information about an individual from which that person may be identified. For example, it may include a person’s name, telephone number, email address, or payment information, and in some jurisdictions, IP address. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).

Generally, Company collects personal information when you:

  • Visit and/or browse the Site,

  • Interact with and/or use other services provided by us as part of or in connection with your use of the Site and/or Services,

  • Apply for a job through the Site,

  • Sign up for our marketing communications and/or newsletters, and/or

  • Communicate with us directly through the Site and/or Services.

In some instances, we collect information directly from you as explained in the Section Information Provided Directly to Kiverdi, and in in certain circumstances, you will not provide any information to us directly, in which case we automatically collect certain information as explained Information Collected Indirectly.

a. Information Provided Directly to Kiverdi

Company collects the following types of information directly from you:

  • General Contact Information: If you sign up for our marketing communications, and/or submit a request to contact us through our online forms, we will collect general contact information such as your name (first and last) and email address. In addition, in connection with the above scenarios, we may also ask for your place of work and areas of interest with respect to Company products and/or services.

  • Other Information: In addition to the above information, if you fill out forms, answer surveys, apply for employment, or contact us (such as your feedback, requests for support, or other communications with us) we collect the information, data, content, documents and/or materials you provide to us in connection with the foregoing.

Please be advised that we may ask you to update your information from time to time in order to keep it accurate.

b. Information Collected Indirectly

i. Usage Information

We, or our authorized third-party service providers, automatically collect technical and/or analytics information about how you use and/or interact with our Site and/or Services (collectively, “Usage Information”).

Usage Information that we collect consists of information about our users’ interactions with the Site and/or Services. Usage Information is collected while you are using and/or accessing the Site and/or Services, and may include information about the device and/or platform (e.g., iOS or Android), and/or the web browser, used by you to interact with and/or access the Site, your IP address, access dates and times, information about your approximate location (as determined through your IP address), device information, device event information, crash data, and log files and data.

Usage Information allows Company to understand how users are interacting with and using the Site and/or Services (which may include administrative and support communications with us), and other actions taken in connection with the use of the Site and/or Services. We use this information for our internal purposes, specifically to operate, maintain, secure and improve the Site and Services.

Typically, all Usage Information is collected in anonymous form and does not identify you personally. To the extent any Usage Information is linked or tied to personally identifiable information, such information is deemed “personal data” and we will use it and protect it in accordance with this Privacy Notice.

We may also use this information to provide you with notifications, recommendations, and information about specific features of the Services and/or additional products, services, or features we believe may be of interest to you.

ii. Cookies and Similar Technologies

We or authorized third parties may collect certain information (including, without limitation, Usage Information) by automated means using technologies such as cookies, web beacons, embedded scripts, pixels, browser analysis tools, server logs, and mobile identifiers, and similar technologies that are deployed, and typically stored on your device and have a unique identifier, when you visit a website, when you open an email or click on links or images within an email, and/or when you interact with online advertisements.

These technologies may be used for many different purposes. For example, they can be used to show that you have previously visited and/or used a feature of the Site and to identify which parts of the Site you might be most interested in, or used to improve your online experience by storing your preferences during your visit and/or use of the Site. These technologies can also be used for security, fraud detection and authentication purposes.

In many cases, the information we collect using these technologies is only used in a non-identifiable manner without reference to personal information. For example, we may use information we collect to better understand website traffic patterns and to optimize user experience. In other cases, we associate the information we collect using cookies and other technology with your personal information.

Company does not directly track users across third party websites; however, certain third partner advertising partners may track you across third party websites as described below.

For information regarding how you can manage your cookie preferences, please see How to Manage Cookie Preferences below.

iii. Third Party Analytics Providers, Tools and Advertising Partners

We use certain third party analytics tools and advertising partners, including, without limitation, Google and Facebook, to help us gather certain Usage Information and to help us place advertisements as described above. For more information on how these technologies are used by Google and Facebook, please refer to the policies linked below of the applicable third party analytic tools and/or advertising partners:

iv. How to Manage Cookie Preferences

Where required by applicable law, we will obtain your consent prior to setting cookies (except for strictly necessary cookies). Most web and mobile device browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.

In order to manage your cookie preferences, you may alter the cookie settings in your browser settings at any time. You may accept all, or certain, cookies. If you do disable our cookies in your browser settings, you may find that certain features and/or functionality of the Site and/or Services do not work.

To learn more about cookies, including how to manage cookies and opt-out of cookies being placed on your device, please visit http://www.allaboutcookies.org/manage-cookies/index.html.

While tracking is widespread over the internet, there are things you can do to minimize these activities with respect to browser cookies; however, please note that even if you opt out using the mechanisms described below, advertisements may still be visible to you when using the Site.

Do Not Track Settings

You may turn on the Do Not Track (“DNT”) setting in your browser, which will enable your browser to send a special signal to websites, analytics companies, plug in providers, and other web services you encounter while browsing to stop tracking your activity. To turn on your DNT signal, please visit https://allaboutdnt.com/#adjust-settings. Please note that not all companies will respond to or honor DNT signals.

Note that Company does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use the Site.

Google Analytics Opt-Out: You can download the Google Analytics opt-out browser add-on at: https://tools.google.com/dlpage/gaoptout/

Targeting/Advertising Cookies: You can opt out of targeted advertising by:

In addition, some of our third party analytics and/or advertising/targeting partners may be members of the Network Advertising Initiative ("NAI") or Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. NAI and DAA each provide information regarding procedures for opting-out of targeted online advertising from participating companies.

Mobile Identifiers

On your mobile device, your operating system may provide you with additional options to opt out of interest based advertising or to otherwise reset your mobile identifiers. For example, you may use the “Limit Ad Tracking” setting (on iOS devices) or a setting to “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.

a. Aggregated Data

With the personal information and other data (including, Usage Information) collected by us, we process “Aggregated Data”, such as statistical or demographic data. Aggregated Data may be derived from personal information, but is not considered personal information under the law if it does not directly or indirectly reveal your identity. If we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information, which will be processed in accordance with this Privacy Notice.

4. Children’s Privacy

Company does not target the Site and/or Services to, nor knowingly collect personal information, persons under the age of 13. Therefore, we ask you not to provide us with personal information of persons under the age of 13. If we learn that personal information of persons under the age of 13 has been collected on or through the Site and/or Services, then we may deactivate the account or otherwise terminate access to the Site and Services and/or make the user content inaccessible.

5. Sensitive Data

Company does not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetics, or biometric data to use the Site and/or Services.

6. How Kiverdi Uses Personal Information

Depending on how you use the Site, we use your personal information in the following instances:

  • To provide the Site and/or Services to you and other visitors;

  • To deliver direct marketing communications regarding our products and services that we may think are of interest to you;

  • To respond to your queries and requests, or otherwise communicate directly with you;

  • To perform system maintenance and upgrades, and enable new features;

  • To enforce and/or protect our rights and the rights of others;

  • To comply with a legal or regulatory obligation (for example, keeping records of our sales for tax compliance); and

  • To provide information to regulatory bodies when legally required, and only as outlined below under Legal Obligations and Security.

7. Sharing Personal Information

Aside from disclosing your information to those of our personnel who are authorized to process the information in order to provide the Site and/or Services and who are committed to confidentiality, we disclose your personal information only to the third parties as described below.

a. Third-Party Service Providers

We share personal information with third parties that provide services to us that help us in the operation, provision, administration and management of the Site and/or Services (“Service Providers”), and to otherwise operate our business. Depending on how you use the Site and/or Services, the following categories of third parties collect data on our behalf or receive personal information:

  • Hosting providers,

  • Analytics providers,

  • Providers of business operations and communication tools,

  • Other third-party service providers that help us provide features and functions for the Site and/or Services (e.g., customer support providers), and

  • Professional service providers, such as auditors, lawyers, consultants, accountants and insurers.

For a list of all Service Providers we use, please contact us. We require all Service Providers to respect the security of your personal information and to treat it in accordance with the law.

b. Business Transfers

We may also share data with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Notice.

c. Affiliates and Subsidiaries

Personal information that we collect about you through or in connection with your use of the Site and/or Services may be shared with the employees, contractors, and agents of Company and our affiliated and subsidiary entities (“Affiliates”) who are involved in providing or improving the Site and/or Services that we offer to you. We obligate the employees, contractors and agents of Company and our Affiliates to ensure the security and confidentiality of your personal information and to act on that personal information only in a manner consistent with this Privacy Notice.

d. Legal Obligations and Security

If we are required to disclose personal information by law, such as pursuant to a subpoena, warrant or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement within the United States. Under such circumstances, unless prohibited by applicable law, we will attempt to provide you with prior notice that a request for your information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address. However, government requests may include a court-granted non-disclosure order, which prohibits us from giving notice to the affected individual. In cases where we receive a non-disclosure order, we will notify you when it has expired or once we are authorized to do so.

Note that if we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person, we may provide information to law enforcement trying to prevent or mitigate the danger (if we have it), to be determined on a case-by-case basis.

e. With your Consent

There may be situations where you are asked to consent to share personal information with third parties for additional reasons not included in this Privacy Notice. In such event, we will only share such personal information if we have received your prior consent and only for the purposes as listed in the request to share such information.

8. Marketing Communications

If you have signed up to receive direct marketing emails from us, we may use your personal information to send you marketing information about the Services, other Company products and services, new product releases, and new feature releases of our products and/or services that we think may interest you. We carry out direct marketing by email.

If you no longer wish to receive marketing communications, you have the right at any time to opt out as further explained in Your Choices.

9. Your Choices

a. Accessing, Updating and Correcting Personal information

If you would like to correct or update certain personal information (such as your contact information), please contact us and we will use reasonable efforts to correct and/or update such information.

b. Direct Marketing

You may manage the receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. Note that you cannot opt out of receiving transactional e-mails or communications related to the Site (e.g., requests for support), which, for clarification, are not marketing communications.

10. Third Party Social Plug-Ins

On or through the Site, we provide third-party “share” buttons which enable you to share certain content via social media sites (e.g., Facebook, Twitter, Instagram, YouTube, and LinkedIn). These “share” buttons may function as web beacons when you interact with the button. Please note that when you “share” using the buttons, you may send to the third party provider of the “share” button the information that you are viewing. If you are not logged into your account with the third party provider, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Site to your account with the applicable third party provider. Please refer to each third party’s privacy policies to learn more about its data practices.

11. External Websites

On or through the Site, we may provide or make available, for informational purposes only, links to other websites or resources with which we do not have a contractual relationship and over which we do not have control (“External Websites”). Such links are not paid advertisements, nor do they constitute an endorsement by Company of those External Websites, and are provided to you only as a convenience. By clicking on links to External Websites, the operators of the External Websites may collect your personal information. We are not responsible for the content or data collection practices of those External Websites, and your use of External Websites is subject to their respective terms of use and privacy policies.

12. Data Retention

Personal information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights. 

In order to determine the most appropriate retention periods for your personal information, we consider the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal information, and applicable legal requirements. 

In some instances, we may choose to anonymize personal information instead of deleting it, for statistical use, for instance. When we choose to anonymize, we make sure that there is no way that the personal information can be linked back to any specific individual.

13. Data Security and Protection

We have put in place reasonable and appropriate security measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. For example, we use encryption, secure socket layer (SSL), firewalls, and password protection. In addition, we limit access to personal information to those employees, agents, contractors and the third parties who have a business need-to-know.

14. California Privacy Rights - Shine the Light

Company does not share your personal information with any unaffiliated third party for its direct marketing purposes without your express consent.

California residents who have provided us with personal information have the right (under California Civil Code §1798.83) to request and obtain from us, once each year, the details of any personal information we shared with a third party for that third party’s direct marketing purposes during the prior calendar year. The details would include the categories of personal information and the names and addresses of the third party with which it was shared.

To request information about this sharing, you may submit a request with "Your California Privacy Rights" in the subject line, along with your first and last name, and complete mailing address (including street address, city, state, and zip code) by either: sending an email message or writing to us at the email and/or mailing address specified in the How to Contact Us Section.

If you do not submit and send your request with complete information as set forth above, we will not process it.

15. Nevada Privacy Rights

Under Nevada law, certain Nevada residents may opt out of the sale of covered personal information (which includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online) to a person for that person to license or sell such information to additional persons.

Company does not currently sell your covered information as defined under applicable Nevada law; however, you may submit an opt-out request, which we will honor as required by Nevada law should we engage in such a sale in the future.

You may submit an opt-out request by sending an email message or writing to us at the email and/or mailing address specified in the How to Contact Us Section; along with your full name, any user name, and complete mailing address (including street address, city, state, and zip code), email address (so that we can contact you, if needed, in connection with the request) and confirmation that you are a Nevada resident.

You must provide us with information reasonably requested by us to verify your identity and the authenticity of the request. We typically process these requests within 60 days from the day we receive it (and will notify you within that period if we need an additional 30 days to do so).

16. International Transfers

Kiverdi is based in the United States. The personal information that we collect is sent to and stored on servers located in the United States. Such storage is necessary in order to process the information. Kiverdi operates globally and may transfer the personal data that we collect from you to our other offices and/or to the third parties mentioned in the circumstances described above, which may be situated outside of your country or regional area, and may be processed by staff operating outside of your country or regional area. In particular, information provided to us or collected by us likely will be transferred to and processed in the United States by us or our Affiliates and our respective agents and contractors. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence.

17. How to Contact Us

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us as follows:

By email at: privacy@kiverdi.com; Subject Line: Privacy Request

By mail at: Kiverdi, Inc.

Attn: Kiverdi Privacy Request
1252 Quarry Lane, Suite B
Pleasanton, California 94566