Kiteworks Privacy Notice

Data privacy is a fundamental aspect of the business of Kiteworks USA, LLC and its wholly-owned subsidiaries (collectively, “Kiteworks,” “we,” “us,” or “our”). This Privacy Notice (“Notice”) explains how we collect, use, and share information, including personal information when you use or access our website and when you purchase a license online (collectively, the “Kiteworks Website”) as an actual or potential Customer (each a “Customer”) or when you engage with us directly.  Except for a Customer’s account information provided upon registration, this Notice does not apply to the use of the software products licensed via the Kiteworks Solutions License Agreement.

We respectfully use appropriate personal information in order to market, sell, deliver, and support the solutions that we offer.

We do not collect personal information that is unnecessary for the marketing, selling, delivery, and support of our solutions, such as demographic, biometric, medical, or social information.

We are a Controller of limited, non-sensitive personal information, for the expressly legitimate purposes of direct marketing, selling, delivering, and supporting the  Kiteworks Website. Our systems, employees, contractors, and affiliates cannot access personal information collected from our customers even when that information may be contained in customer applications which use the Kiteworks Website under the control of customers.

We do not sell or share with third parties the information that we collect, except sharing of information with limited reputable partners involved in the direct selling of our solutions and for the specific purpose of selling our solutions, and with vendors who provide us information management solutions used by us under our control. We periodically appoint digital marketing agents to conduct marketing activity on our behalf; such activity may result in the compliant processing of personal information. For personal information transferred to us from the UK, EU or EEA member countries and Switzerland in accordance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF or the Swiss-U.S. DPF, we will remain liable under the Data Privacy Framework if third-party agents or service providers that we engage to process the personal information on our behalf do so in a manner inconsistent with the Data Privacy Framework.

We use standard industry practices to maintain the confidentiality and security of the information we collect.

We will only retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice. For personal data processed according to your consent, we will keep it until you withdraw your consent.

The specific information that we collect and how we use it reflects the nature of your relationship with us. 

We will not have a direct relationship with individuals whose personal information is controlled by Customers and used in connection with Kiteworks Software. Accordingly, if you are an end user and you contact us about your personal information controlled by a Customer, we will direct you to the Customer for any questions or requests with respect to your personal information controlled by them. Kiteworks is not in the business of collecting or monetizing personal information for California consumers; please see the California Supplemental Privacy Statement.

Personal information You Provide to Us

We receive personal information from you when you request information from us, when you register or log in to use the Kiteworks Website, when you use our mobile applications, when you submit customer support requests, or when you agree to provide testimonials for us to make publicly available. The types of personal information collected will depend on the purpose, but may include personally identifiable information such as your full name, address, company, email address, and telephone number. If you order products from us through our website, personal information can include any financial and commercial information you provide for that purpose. And we may collect personal information about you such as location information, device identifiers, or IP addresses, depending on the context in which it is collected.

Personal information is used for providing the Kiteworks Website to you, for customer support requests, to contact you as requested, or for agreed-upon testimonials. We may also use personal information to communicate with you about news and information regarding the Kiteworks Website, to operate, maintain, and improve the Kiteworks Website, to facilitate your use of the Kiteworks  Website, to investigate and prevent fraud and other illegal activities.

Information Collected Automatically

We may receive and store certain types of non-personal information whenever you interact with our website, or our desktop and mobile applications that are part of the Kiteworks Website. For example, for website visitors, Kiteworks may choose to automatically receive and record information about your browser, your IP address, cookie information, the page you requested, the numbers and frequency of visits to our site and its components. In addition, we may also record the pages you visit on the website through the use of pixel tags (also called “clear gifs” or “beacons”) and we may use Local Storage Objects (“LSOs”) such as HTML5 to store content information and preferences.

For mobile application users, we may receive data about the version of the mobile application you’re using, the device type and operating system on which it is used, language used, general geographic location data (not lat/long), and settings and events in the mobile application.

Further, if we contact you by email, we may receive a confirmation when you open an email from Kiteworks if your computer supports this type of program.

Kiteworks generally only uses this data in aggregate form: that is, as a statistical measure, and not in a manner that would identify you personally. However, if you have registered with Kiteworks using our site and your browser accepts cookies, or where we have deployed pixel tags and/or LSOS, Kiteworks may automatically collect individualized information regarding your visits to Kiteworks’s site (“Individual Site Usage Information”) to provide you with a more personalized customer experience. If you are interested in preventing the collection of Individual Usage Information, please see the “What About Cookies” section below for further information.

What about Cookies?

Cookies are alphanumeric identifiers that we may transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Kiteworks cookies do not collect personal information; however, we may combine the general information collected through cookies with other personal information in connection with our collection of Individual Site Usage Information (as described above). If you do not wish to have your Individual Site Usage Information collected, most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. Also, various browsers may offer their own management tools for removing HTML5 LSOs. Please be aware that disabling those tools may reduce your ability to access certain portions of the Kiteworks website. You may also have additional rights as a user of the Kiteworks Website, as provided in the “Additional Rights” section below.

Will Kiteworks Share Any of the Personal Information it Receives?

We neither rent nor sell your personal information to anyone. We share your personal information only with your consent or to business partners and affiliates as described below: 

Agents: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Kiteworks’s agents do not have any right to use personal information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of personal information for the above purposes.

Business Transfers: In some cases, we may choose to buy or sell business assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Kiteworks, or substantially all of its assets, were acquired, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Kiteworks may continue to use your personal information as set forth in this Notice.

Protection of Kiteworks and Others: We may release personal information when we believe in good faith that release is necessary to comply with any law; respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; enforce or apply our terms of use and other agreements; or protect the rights, property, or safety of Kiteworks, our employees, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Affiliates: To operate our group of companies effectively, we use shared systems, resources and sub-contractors so personal information and anonymous information may be transferred to these parties, stored or processed outside the European Economic Area (“EEA”) or the country where you or a Customer’s end user is located. Where we do so we will ensure that any transfer is subject to appropriate safeguards and this Notice.

By accessing or using the Kiteworks Website or otherwise providing information to us, you consent to the processing and transfer of information, including personal information, in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.

Your Choices

If you are a user of the Kiteworks Website, you may update, correct or delete personal information about you at any time by logging into your online account and modifying your information or by emailing us at privacy@kiteworks.com. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Notice.

You may opt out of receiving promotional and newsletter emails from Kiteworks by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing privacy@kiteworks.com with your specific request. If you opt out, we may still send you non-promotional communications, such as security alerts and notices related to your access to or use of the Kiteworks Website or those about your online account or our ongoing business relations.

See the “Additional Rights” section below for more choices you may have regarding our use of your personal information.

Security

Kiteworks takes appropriate steps to ensure data privacy and security, including through various hardware and software methodologies. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and the Kiteworks website, and the Kiteworks website and you, will be free from unauthorized access by third parties. Users of the Kiteworks website do so at their own risk with respect to such communications.

Do Not Track

Currently, we do not respond to “Do Not Track” browser features, but we may in the future as industry standards evolve. 

Children

Kiteworks’s website and services are not intended to be used by children under the age of 18 and Kiteworks requests that children under the age of 18 not use the Kiteworks website nor submit any personal information to the Kiteworks website. Kiteworks does not knowingly collect personal information from children under the age of 18. Since information regarding children under the age of 18 is not collected, Kiteworks does not knowingly use or distribute personal information regarding children under the age of 18. If Kiteworks obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted from our database.

Changes to this Privacy Notice

Kiteworks may amend this Notice from time to time. Use of information we collect now is subject to the Notice in effect at the time such information is collected. If we make changes in the way we use personal information, we will notify you by posting an amendment to the Notice on the website. Such modifications will become effective on the day they are posted. Kiteworks encourages you to frequently review this Notice for any modifications.

If you disagree with any changes to this Privacy Notice and do not wish your information to be subject to the revised Privacy Notice, you will need to stop using the Kiteworks Website. Your use of the Kiteworks Website after the posting of such changes shall constitute your consent to such changes.

Your Additional Rights

In accordance with the laws of certain jurisdictions, you may have certain rights and choices regarding the personal data we collect and maintain about you, and how we communicate with you.  Where the EU General Data Protection Regulation 2016/679 (“GDPR”), the California Consumer Privacy Act of 2018 (“CCPA”) (as amended by the California Privacy Rights Act of 2020 (“CPRA”)), or similar legal requirements apply to the processing of your personal data (collectively, “Data Protection Laws”), especially when you access the website from a country in the European Economic Area (“EEA”), as an individuals in the European Union, the United Kingdom or Switzerland pursuant to EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, or as consumer in the state of California or Virginia, or in a jurisdiction with similar legal protections, you may have the following rights:

1. The right to request information about our use of your personal data;
2. The right to review and access your personal data;
3. The right to rectify (correct, update or modify) the personal data we hold about you;
4. The right to erase (i.e., delete), de-identify, anonymize or block your personal data;
5. The right to restrict our use of your personal data;
6. The right to object to our use of, or certain types of disclosures of, your personal data;
7. The right to request the transfer of your personal data we hold about you to a third party;
8. The right to receive your personal data in a usable format and transmit it to a third party (also known as the right of data portability); and
9. The right to lodge a complaint with your local data protection authority. In the European Economic Area you can find those at https://edpb.europa.eu/about-edpb/board/members_en.

If you would like to exercise such rights, please contact us at privacy@kiteworks.com with your specific request. We will consider your request in accordance with applicable laws and, where required to adhere to your request, we will do so within the time periods required by applicable law (generally 30 days following the request). To protect your privacy and security, we may take steps to verify your identity before complying with the request.

In addition to contacting us via email at privacy@kiteworks.com, you may contact us by mail at the following address: 

Kiteworks USA, LLC
1510 Fashion Island Boulevard, Suite 100
San Mateo, CA 94404
Attn: Privacy Compliance

Compliance with EU-US Data Privacy Framework and EEA Jurisdiction

Kiteworks complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce. Kiteworks  has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Kiteworks has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. 

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Kiteworks commits to resolve complaints about our collection or use of your personal information transferred to the U.S. pursuant to the EU-U.S. DPF, the UK extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. EU, UK, and Swiss individuals with inquiries or complaints should first contact Kiteworks as set forth in this section.

Kiteworks has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, JAMS Data Privacy Framework Dispute Resolution. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf.

The Federal Trade Commission has jurisdiction over Kitework’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

If you are an individual from the EEA or in a jurisdiction with similar legal protections, our legal basis for collecting and using the personal information will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you (e.g., to deliver the Kiteworks Website you have requested), or where the processing is pursuant to legitimate interests, namely direct marketing of Kiteworks Software.

© 2024. Kiteworks USA, LLC. All rights reserved.

Last Updated On: May 21, 2024