Data Privacy

1. Definition

The Data Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website or use our services. We are committed to complying with the European Union’s General Data Protection Regulation (GDPR) and e-privacy regulation.

2. Collectable Information

We collect and process various types of personal data about you, including:

• Contact Information: including first and last name and email address. We use this information to fulfill your request or transaction, 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, user ID and password, profile 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 Service, and for customer support purposes.
• Payment Information: If you sign up for one of our Services requiring payment, we collect the information provided in connection with such payment. Please note that we use third-party payment processors to process credit card payments made to us. As such, we do not retain any personally identifiable financial information in connection with credit card payments, such as credit card numbers. Rather, all such information is provided directly by you to our third-party processor. The payment processor’s use of your personal information is governed by their privacy notice. To view Stripe’s privacy policy, please click here.
• Inquiry and Communications Information: including information provided in custom messages sent through the forms or to one of our email addresses. 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.
• Information Collected Through the Use of the Service: 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 Site (collectively, “User Content”). 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 Service.
• Device Content (Contacts and Photos): With your permission, we will collect content from the device you use to access our online Services, such as photos from your device camera roll and camera and the contacts from your address book. For more information on how to withdraw your permission, please see the Control Over Your Information section below.
• Feedback Information: We may also collect feedback you provide relating to our Service. We use this information to communicate with you, to conduct market research and improve and grow our business.

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.
• Location data: such as general geographic location that we or our third-party providers may derive from your IP address.

We and our third-party providers may use (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.

We also obtain personal information from third parties which we often combine with personal information we collect either automatically or directly from an individual.

We may receive the same categories of personal information as described above from the following third parties:

• KWORE Entities: We may receive personal information from other companies and brands owned or controlled by KWORE, and other companies owned by or under common ownership as KWORE.
• 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, if you engage in one of our communications hosted on third-party platforms, we will be able to see any public communications made within that platform.
• Social Media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us 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 Service, as well as to communicate directly with you, such as to send you email messages and ads about products and services that may be of interest to you and to improve the Service related to content generation and performance prediction.
• Service Providers: Our service providers that perform services solely on our behalf collect personal information and often share some or all of this information with us. The information may include information about your use of the Service, payment information, and information about your communications and related activities. We may use this information to administer and facilitate 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.
• 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 Service, 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.

3. Additional Use of Your Information

We use the information we collect for the following purposes:

• Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Services you have requested;
• Manage our organization and its day-to-day operations;
• Verify your identity and entitlement to products or Services, when you contact us or access our Services;
• Communicate with individuals, including via email and/or social media;
• Administer, improve and personalize our Services, including by recognizing an individual and remembering their information when they return to our Services;
• Facilitate customer benefits and services, including customer support;
• Identify and analyze how individuals use our Services;
• Conduct research and analytics on our customer and user base and our Services;
• Improve and customize our Services to address the needs and interests of our user base and other individuals we interact with;
• Test, enhance, update and monitor the Services, or diagnose or fix technology problems;
• Help maintain the safety, security and integrity of our property and Services, technology assets and business;
• To enforce our Terms of Service, 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;
• Prevent, investigate or provide notice of fraud or unlawful or criminal activity;
• 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 other purpose that you consent to.

4. Data Sharing and Disclosure

We may also share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as follows:

• KWORE Entities: We may share personal information with other companies owned or controlled by KWORE, and other companies owned by or under common ownership as KWORE, 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.
• Service Providers: 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, customer service and communication services, payment processors, and administrative services. KWORE’s use and transfer to any other app of information received from APIs will adhere to API Service User Data Policy, including the Limited Use requirements.
• Other Users: At your direction, we may disclose your public profile information and User Content to other online community members, as well as any other information you choose to make public.
• 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 defense 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 Sites or service-related publications.

5. Information Control

You may control your information in the following ways:

• 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).
• Modifying or Deleting Your Information: If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at support@kwore.com.
• Cookies: For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices you may have in relation to cookies, please see the Information collected automatically section above.