Kustomer Privacy Policy

 

We at Kustomer, LLC (formerly Kustomer, Inc.) and our affiliates and subsidiaries (“Kustomer,” “we,” “us,” or “our”) know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy practices. By using or accessing our websites at www.kustomer.com or other websites that we operate and link to this policy (collectively, the “Sites”) in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Scope

This Privacy Policy describes how specific categories of personal information or personal data are collected, used, shared, stored and protected by Kustomer from people (collectively, “Individuals”) who (i) visit our Sites and/or request us to contact them via our online web forms, (ii) request customer support, or otherwise communicate with us, including by email, phone calls or texts, and online chat functionality; (iii) visit our offices and (iv) register for, attend and/or otherwise take part in our events, webinars, surveys or contests. 

Personal information or personal data refers to any data or information that can be used to  identify a natural person, and are subject to applicable data protection laws, such as the European Union General Data Protection Regulation 2016/679 (“EU GDPR”), the United Kingdom (“UK”) Data Protection Act 2018 and UK laws retaining the GDPR following its exit from the European Union (the “UK Privacy Law”, and collectively with the EU GDPR, the “GDPR”) or U.S. Privacy Laws (as defined below). We use the term “Personal Data” throughout this Privacy Policy to mean, as applicable, “personal data” (under the GDPR), “personal information” (under U.S. Privacy Laws), or similarly defined personally identifiable information governed by an applicable data protection law.

This Privacy Policy applies to Kustomer in our capacity as a “controller” (under GDPR and other applicable U.S. Privacy Laws) or “business” (under CCPA) where we determine the purposes and means of the collection and processing of Personal Data for our marketing or business purposes as outlined herein. For clarity, this Privacy Policy does not cover any Personal Data that our business customers and any of their affiliates (“Clients”) who have entered into an agreement with us to access our Services choose to collect and share with Kustomer, including Personal Data of their customers/end-users and their employees and other personnel authorized to use our Services. In those instances, Kustomer is not the data controller or business, but is instead acting as a data processor (under GDPR and other applicable U.S. Privacy Laws) or service provider (under CCPA). Please see our Product Privacy Statement to better understand our privacy commitments to our Clients and how Personal Data of our Client’s customers and end-users is collected, used, stored and protected as part of the products and services that we market and offer for subscription at www.kustomer.com (the “Services”).

For detailed privacy information related to a Client who uses our Services to process Personal Data, please contact our Clients directly as they are the controller/business that have collected the Personal Data in the first instance to address your rights with respect to such data. We are not responsible for the privacy or data security practices of our Clients, which may differ from those explained in this Privacy Policy and our Product Privacy Statement. 

Additionally, if you are applying for a job or other role with us, please see our Candidate Privacy Notice that describes our privacy practices with respect to Personal Data collected and shared with us by job applicants.

Finally, our Sites may contain links to other websites, applications and services maintained by third parties. The privacy and data security practices of such third party sites are governed by the privacy policies of those third parties, and not by Kustomer.

What Personal Data Does Kustomer Collect or Receive?

Information You Provide to Us:

We receive and store any information Individuals knowingly provide to us by filling in forms on our Sites or by corresponding with us through phone, video, email, online chat functionality, or other means. This information we collect from Individuals directly is classified in the category of “Personal Identifier”. This data category includes a name, email address, phone number, postal address, employer and similar information. For example, when an Individual completes a form or interacts with our chat functionality we make available on our Sites, we may collect Personal Data such as name, email address, and phone number. Also, as part of our sales and marketing efforts, we may interact with you by video or phone and in some instances, where permitted by law, we may use third party service providers to make call recordings. We will notify you when a call is being recorded and if you do not consent to the recording of the conversation, we will cease recording the call.

Information Collected Automatically Through Cookies and Other Tracking Technologies:

As is true of most websites, we gather certain information automatically when you navigate the Sites. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our Sites (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site. Also, for example, if you’ve given us your email address and we send you promotional email offers on behalf of other businesses or email you about your use of our products and services, we may receive a confirmation when you open an email from us. 

We and our marketing partners, affiliates, or analytics or service providers, use technologies such as cookies, web beacons, tags, and scripts, to analyze trends, administer the Sites, tracking users’ movements around the Sites, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. For example, we use third party service providers to perform and support our marketing and analytics functions as described in this Privacy Policy.

For more detailed information about the use of cookies on the Sites and how to manage your cookie settings, please read and review our Cookie Policy found here.

Information Collected From Other Websites and Third Parties:

Through cookies we place on your browser or device, we may collect information about your online activity during and after you leave our Site. Just like any other usage information we collect, this information allows us to improve the Sites and customize your online experience, and otherwise as described in this Privacy Policy. 

In some instances, we may use social media cookies that collect information when you share information using a social media sharing button or “like” button on our Sites or you link your account or engage with our content on or through a social networking website such as Facebook or Twitter. The social network will record that you have done this.

We may also obtain other information, including Personal Data, from third parties and publicly available sources and combine that with information we collect through our Sites. 

Advertising:

We partner with third parties to display advertising on our Sites or to manage our advertising on other websites. Our third-party partners may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, third party advertisers can place cookies to enable them to show advertisements which we think will be relevant to your interests while you are on third party websites. 

Do Not Track & Disabling Cookies:

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. However, these features are not yet uniform and there is no common standard adopted by industry groups, technology companies, or regulators. Therefore, although we may recognize a DNT signal for visitors from certain jurisdictions and/or certain browsers, we generally do not currently commit to responding to browsers’ DNT signals with respect to our Sites. We will continue to monitor developments around DNT browser technology and the implementation of a standard.

With regard to information we collect via cookies as described above, for further information about cookies, including how to see and manage what cookies have been set on your computer or mobile device, you can visit www.allaboutcookies.org. You can also manage your cookie settings on our Site by clicking on the Cookie Settings below. If you do not accept our cookies or later disable cookies, you may experience some inconvenience in your use of our Sites.

Many jurisdictions require or recommend that website operators inform users/visitors as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies. The natures of our cookies are described above, and where required, we will include a banner on our Sites to obtain consent from you.

If you wish to opt out of interest-based advertising, click here or if you reside in the EEA or the UK please refer to the section below entitled “Supplemental Privacy Policy Regarding Personal Data of Residents of the EEA and the UK.” If you choose to remove targeted or advertising cookies, please note you will continue to receive generic ads and they may not be relevant to you.

How Does Kustomer Use Your Personal Data?

Kustomer collects Personal Data for several purposes that form the basis of our legitimate interest, including to:

• provide, operate, maintain, administer, improve and secure the Sites;
• enable us to understand who is interested in learning about our products, services, content, and company-related initiatives;
• monitor and analyze trends, usage, and activities in connection with how the Sites are used and to improve the Sites and our other products and services and personalize the experience with the Sites;
• respond to Individuals’ requests for support or information and to otherwise communicate with Individuals regarding the Sites and our other products and services, including responses to Individuals comments, questions, and requests, provide customer service and support, and to send Individuals technical notices, updates and security alerts;
• send Individuals Kustomer-related marketing communications as permitted by law, such as providing Individuals with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events. You will have the ability to opt out of such communications; 
• in the case call recordings as permitted by law, to enable us to focus on you instead of taking notes, for internal training purposes, and for reference in the event of ongoing support issues; and
• register office visitors to maintain the security of our offices and to ensure the confidentiality of our business activities.

We also may use Personal Data as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, and to pursue remedies available to us and limiting our damages such as from unauthorized access to the Sites and our products and services and other illegal activities. We may also use Personal Data with your consent, such as when you consent to let us post your testimonials or endorsements on our Sites, you instruct us to take a specific action with respect to your Personal Data, or you opt into third party marketing communications.

How and With Whom Does Kustomer Share Your Personal Data?

Except as described in this Privacy Policy, we do not share your Personal Data outside of Kustomer. We disclose Personal Data to third parties under the following circumstances. 

Service Providers: We engage third party service providers and need to share your Personal Data with them in order for them to administer and provide the Site and perform tasks on our behalf (such as hosting, email delivery and database management services). These third parties may use and process your Personal Data only as necessary to provide these services to us as directed by Kustomer and in a manner consistent with this Privacy Policy. We do not permit these third party service providers to use the Personal Data that we share with them for their marketing purposes or for any purpose other than in connection with the services they provide to us.

Professional advisors: We may disclose your Personal Data to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Affiliated Businesses: In certain situations, we may disclose your Personal Data to businesses or third party websites we’re affiliated with who support us with the marketing and sales activities of our Services (either alone or jointly with us) and who may also market or sell their products or services to you in connection with our Services. In connection with events where you share your contact information and other Personal Data with us, we may also share your contact info and other Personal Data with businesses or third party websites who sponsor our events and/or participate in those events if we think those businesses’ or third party websites’ products or services may be of interest to you. We will notify you at the time we collect your Personal Data as part of an event if we plan to share your Personal Data with such businesses and/or third party websites. Businesses or third party websites we’re affiliated with may also sell or provide products or services to you through links to other websites and services that may be present on the Site and we may share certain information about you if you click on those links and choose to interact directly with those third parties. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Business Transfers: Kustomer may sell, transfer or otherwise share some or all of its business or assets, including your Personal Data, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets. In these types of transactions, customer information, including your Personal Data, is typically one of the business assets that would be transferred. Also, if we go out of business, enter bankruptcy, or go through some other change of control, Personal Data could be one of the assets transferred to or acquired by a third party.

Government entities, including law Enforcement:  We may also disclose your Personal Data to government or law enforcement officials or private parties as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

We may also share aggregated and/or anonymized data with third parties, including our third party service providers, that is no longer personally identifiable, such as aggregate usage information (to our partners, who may use such information to understand how often and in what ways people use our Sites, product and services, so that they, too, can provide you with an optimal online experience). However, other than as described above, we would never disclose aggregate usage information to a third party in a manner that would identify you personally.

How Does Kustomer Secure and Protect Personal Data?

The security of your Personal Data is important to us. Kustomer uses generally accepted physical, electronic, and procedural safeguards designed to protect Personal Data submitted to us (both during transmission and once it is received) from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction in accordance with applicable law to protect the Personal Data.

Although we endeavor to protect the privacy of your Personal Data we hold in our records, unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Data at any time.

What Choices Do I Have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to take advantage of some of the features of our Sites or to provide a requested service or otherwise communicate with you. If you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with the requested service(s) or you may experience some inconvenience in your use of the Sites.

You may be able to add, delete, correct, or request access to Personal Data that we collect or receive as explained in this Privacy Policy where we are the controller (under GDPR and other applicable U.S. Privacy Laws) or business (under CCPA) or otherwise where you are afforded one or more of these rights under an applicable law. You may make such requests by using our data subject request form. We will respond to your request within a reasonable timeframe or in the timeframe required by applicable law. In some cases, we may also need you to provide us with additional information to respond to your request. For residents of the European Economic Area (EEA), the UK or United States, please also refer to the section below entitled “Supplemental Privacy Policy Regarding Personal Data of Residents of EEA and the UK” and “Supplemental United Stated Privacy Notice,” respectively.

Finally, for call recordings and marketing communications, in addition to the rights of access and deletion set forth above, (i) we will notify you when a call is being recorded and if you do not consent to the recording of the conversation, we will cease recording the call, and (ii) you may opt out of marketing-related emails by clicking on a link at the bottom of each such email, or by contacting us as at marketing@kustomer.com or as provided in this Privacy Policy. You may however continue to receive service-related and other non-marketing emails. Kustomer complies with all applicable anti-spam laws when it sends emails or other digital messages to you.

Other Important Privacy Information

Data Retention:

We will retain your Personal Data for as long as necessary to fulfill the purposes we collected it for. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, accounting or other requirements.

For example, if you have elected to receive marketing communications from us, we retain information about your marketing preferences (including information derived from cookies) for a reasonable period of time from the date you last expressed interest in our content, products, or services, such as when you last opened an email from us. In other cases where we have an ongoing legitimate business need to retain the Personal Data (for example, to satisfy or comply with any legal, regulatory, accounting, or other requirements), we will retain it until we no longer have an ongoing legitimate business need, which in some cases may be up to seven (7) years.

After such retention periods, we will either delete or anonymize your Personal Data. We will delete your Personal Data at an earlier date if you so request, as described in the “What Choices Do I Have?” section above; however, some information may remain in our records after your request to delete Personal Data has been satisfied, where permitted by applicable law. We may also use and retain any aggregated and/or anonymized data derived from your Personal Data after you request us to delete it, but not in a manner that would identify you personally.

Children:

We do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not send us Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at legal@kustomer.com.

Changes to this Privacy Policy

We are required to review and update, and will review and update, this policy at least annually or if there are any substantive changes to our data collection and processing practices. We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices.

If we make material changes to this Privacy Policy, we will notify you in a manner that we believe will be reasonably likely to reach you (which may include email, a specific announcement on this page, our website, or on our blog) and update the “Last Updated” date on the top of this page.

Questions / Contact Us

If you have any questions about this Privacy Policy, you can contact us at privacy@kustomer.com or at our address below and we will try to resolve your concerns. You can also make requests for certain information as described in this Privacy Policy using our data subject request form.

Kustomer, LLC. (formerly, Kustomer, Inc.)
830 Morris Turnpike
Floor 4
Short Hills, NJ 07078
Attn: Kustomer Privacy Officer

If you need to access this notice in an alternative format, please contact us at compliance@kustomer.com.

Data Protection Representative in EEA and the UK

VeraSafe has been appointed as Kustomer, LLC’s representative in the EEA and the UK for data protection matters, pursuant to Article 27 of the GDPR.

As described in more detail in the “Your Rights” section below in our Supplemental Privacy Policy for Residents of the EEA and the UK, the GDPR affords you certain rights regarding our processing of your Personal Data. If you are in the EEA and you want to pose a question regarding our processing of your Personal Data or otherwise exercise your rights in respect of such processing, in addition to the contact information above, you can contact Verasafe to make such an inquiry using this contact form: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +420 228 881 031.

Alternatively, VeraSafe can be contacted at:

VeraSafe Ireland Ltd. Unit 3D North Point House North Point Business Park New Mallow Road Cork T23AT2P Ireland

VeraSafe United Kingdom Ltd. 37 Albert Embankment London SE1 7TL United Kingdom

Supplemental Privacy Policy Regarding Personal Data of Residents of EEA, Switzerland, and the UK

The GDPR and UK GDPR (collectively, “GDPR”) affords residents of the EEA, Switzerland, and the UK with specific rights regarding their Personal Data. These rights have been described in this Privacy Policy and are further highlighted in this section. Note that we are both a “controller” and a “processor” under the GDPR. The following supplemental sections of our Privacy Policy apply to Personal Data we collect in our role as a data controller where we determine the purposes and means of the processing of your personal data. If we act as a processor of your Personal Data (i.e., not the controller) on behalf of a controller (our Clients) who has entered into an agreement with us to access our Services and share your Personal Data, please contact the controller party in the first instance to address your rights with respect to your Personal Data.

Legal Grounds

We only use your Personal Data as permitted by law. Kustomer’s legal grounds for our collection and processing of the types of Personal Data is based on one or more of the following and will depend on the Personal Data concerned and the specific context in which we collect it: (i) Consent: the consent you provide to us when you share or submit your Personal Data with or to us; (ii) Legitimate Interest: our “legitimate interest,” as defined by GDPR, or the legitimate interest of a third party, including you (for example, we may use your Personal Data to administer and conduct our business with you, and to respond to your requests, inquiries and complaints); (iii) Contract: our performance of a contract, directly or indirectly, between us and you or your employer; and (iv) Legal Obligation: our compliance with a legal obligation that we are or may be subject to.

If you have questions about, or need further information concerning, the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided under the “Questions / Contact Us” section above.

Your Rights

GDPR gives you certain rights with respect to your Personal Data, including those set forth below. 

• Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
• Erasure: You can request that we delete some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data.
• Portability:  You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to our applicable legal grounds (see list of legal grounds above) for the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint:  You have the right to lodge a complaint about our practices with respect to your Personal Data with the supervisory authority of your country or EEA Member State.

For more information about these rights, or to exercise one or more of these rights, we kindly ask that you make such request using our data subject request form located here. You can also do this by contacting us as described in the “Questions / Contact Us” section above. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity, your residency and/or the nature of your request. We may be unable to process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Cross-Border Data Transfers

The Sites are hosted and operated in the United States (“U.S.”) through Kustomer and our service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. You acknowledge and agree that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Kustomer in the U.S. and will be hosted on U.S. servers, and you authorize Kustomer to transfer, store and process your information to and in the U.S., and possibly other countries.  

Whenever we transfer your personal information out of the EEA, Switzerland or the UK, as applicable, to countries not deemed by the European Commission, Switzerland or UK, as applicable, to provide an adequate level of personal information protection, we endeavor to base the transfer on one of the following safeguards recognized as providing adequate protection for personal information, where required by EU, Swiss or UK data protection legislation: 

• Contracts approved by the European Commission, Switzerland or the UK which impose data protection obligations on the parties to the transfer. For further details, see the publicly available standard contractual clauses for the transfer of personal information to third countries; or
• Other valid and applicable safeguards under the GDPR.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA, Switzerland or UK, as applicable, using the contact details provided under the “Questions / Contact Us” section above.

Kustomer, LLC complies with the EU-U.S. Data Privacy Framework (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.  Kustomer, LLC 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.  Kustomer, LLC 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.  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/.

Kustomer, LLC is responsible for the processing of personal data it receives, under the EU-U.S. DPF and Swiss-U.S. DPF, and subsequently transfers to a third party acting as an agent on its behalf.  Kustomer, LLC complies with the EU-U.S. DPF and Swiss-U.S. DPF Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

The Federal Trade Commission has jurisdiction over Kustomer, LLC’s compliance with the EU-U.S. DPF and Swiss-U.S. DPF.  In certain situations, Kustomer, LLC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Kustomer, LLC commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States.  If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint.  These dispute resolution services are provided at no cost to you.

For complaints regarding EU-U.S. DPF and Swiss-U.S. DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.

Conflicts / Inquiries

If there are any conflicts between this supplemental section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. 

If you have questions, would like to submit an inquiry, data or information request(s), or have a complaint about our use of your Personal Data or our response or handling of your requests regarding your Personal Data, you may contact us as described here as well as by contacting Verasafe, our representative in the UK or EEA, using this contact form: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +420 228 881 031.

Alternatively, VeraSafe can be contacted as set forth under the “Data Protection Representative in EEA and the UK” section above.

If you would like to submit a complaint about our use of your Personal Data or response to your requests regarding your Personal Data, you may contact us as described here.

You can also submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

Supplemental United States Privacy Notice

This United States Privacy Notice (“Notice”) applies to Individuals residing in the United States and explains how we collect, use, and disclose your Personal Data and supplements the Kustomer Privacy Policy, to the extent applicable. If you are a consumer residing in certain U.S. states, you may also have additional privacy rights afforded to you by certain U.S. state laws in California, Colorado, Connecticut, Utah, and Virginia (“U.S. Privacy Laws”). If you need to access this notice in an alternative format, please contact us at compliance@kustomer.com.

Note that, depending on how you interact with Kustomer, we are both a “business” and a “service provider” under the California Consumer Privacy Act (“CCPA”), and a “controller” and a “processor” under the remaining U.S. Privacy Laws. The following supplemental sections of this Notice apply only to the Personal Data that we have collected about you where we are acting in our capacity as a “business” and/or “controller” under the U.S. Privacy Laws—this is when we interact directly with you. If we are the service provider/processor on behalf of a business/controller (our Clients) who has entered into an agreement with us to access our Services and disclose your Personal Data, please contact the business/controller in the first instance to learn about their privacy practices and address your rights with respect to your Personal Data.

What is Personal Data

We use the term “Personal Data” throughout this Supplemental Privacy Policy to mean anything that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

How We Collect, Use, and Disclose Your Personal Data

 

Category	Examples	Categories of Parties to Whom Information is Disclosed
Identifiers	Name, e-mail address, mailing address, and phone number.	As a general matter, we only disclose this information to the following categories of service providers: advertising partners providing services to us; cloud storage service providers; data analytics service providers; data brokers providing services to us; marketing and lead management platforms and service providers; and website hosting service providers. For certain events, we may disclose this information, such as your name or e-mail address, to affiliated businesses and from time to time we may disclose this information to our professional advisors.
Personal information categories listed in the certain state statutes	Name, signature, physical characteristics, address, telephone number, education, or employment, employment history. Some personal information included in this category may overlap with other categories.	As a general matter, we only disclose this information to the following categories of service providers: advertising partners providing services to us; cloud storage service providers; data analytics service providers; data brokers providing services to us; marketing/sales and lead management platforms and service providers; and website hosting service providers. For certain events, we may disclose this information, such as your name or address or physical characteristics (e.g. photos from an event you attended), to affiliated businesses.
Protected classification characteristics under certain state or federal law	Age or gender.	We only disclose this information to the following categories of service providers: cloud storage providers.
Commercial Information	Products or services you’ve purchased, obtained, or considered.	As a general matter, we only disclose this information to the following categories of service providers: cloud storage service providers; and marketing/sales and lead management platforms and service providers. From time to time we may disclose this information to our professional advisors.
Internet or similar network information	Browsing history, referring URLs, search history and interactions with advertising links.	We only disclose this information to the following categories of service providers: advertising partners providing services to us; cloud storage service providers; data analytics service providers; marketing/sales and lead management platforms and service providers; and website hosting service providers.
Geolocation Data	Location we infer based on your IP address.	We only disclose this information to the following categories of service providers: cloud storage service providers; data analytics service providers; marketing and lead management platforms and service providers; and website hosting service providers.
Sensory Data	Voice and video recordings from prospecting calls or events, or profile photos you share with us.	As a general matter, we only disclose this information to the following categories of service providers: cloud storage service providers; and marketing/sales and lead management platforms and service providers. For certain events, we may post this information (e.g. photos or video from an event/webinar you attended) on social networks or disclose this information to affiliated businesses.
Professional Information	Current or past job history and titles.	We only disclose this information to the following categories of service providers: advertising partners providing services to us; cloud storage service providers; data analytics service providers; data brokers providing services to us; and marketing/sales and lead management platforms and service providers.
Inferences	Inferences drawn from other Personal Data, such as your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	We only disclose this information to the following categories of service providers: advertising partners providing services to us; cloud storage service providers; data analytics service providers; and marketing/sales and lead management platforms and service providers.

In addition, note that we may also disclose any of the categories of Personal Data above (i) in response to a request from a government entity, (ii) to fulfill our legal obligations under applicable law, regulation, court order or other legal process, (iii) protect the rights, property or safety of you, Kustomer, or another party, (iv) enforce any agreements with you, (v) respond to claims that any posting or other content violates third-party rights, or (vi) resolve disputes. The categories of third parties to which we share these categories of Personal Data are further described above in the “How and With Whom Does Kustomer Share Your Personal Data” section above, including service providers, professional advisers, our affiliate businesses and government entities.

For each of the above categories of Personal Data, we collect the information from a variety of sources, including directly from you, from your devices, from your social media profiles, and/or from third party providers. How we collect information and more information on what we collect is detailed in the “What Personal Data Does Kustomer Collect or Receive” section above. 

The business/commercial purposes for which we use these categories of Personal Data are described above in the “How Does Kustomer Use Your Personal Data” section above. 

We do not “sell” your Personal Data (as such term is defined in the applicable U.S. Privacy Laws) and have not done so in the 12 months prior to this Privacy Policy’s last update, nor at any time prior to that. Additionally, we have not “shared” your Personal Data, as such term is defined under the CCPA.

Your Rights

Depending on where you live and subject to certain exceptions, you may have one or of more of the following rights available to you with respect to your Personal Information:

• Right to Know: The right to request that we disclose to you the Personal Data we collect, use, or disclose, and information about our data practices, including the categories of Personal Information that we have collected, the categories of Personal Informationthat we disclosed for a business purpose, the sources from which we collected Personal Information, the categories of third-parties with whom we disclose Personal Information.
• Right to Delete: The right to request that we delete the Personal Data that we have collected from you.
• Right to Correct: The right to request correction of any inaccurate personal information we hold about you.
• Right to Opt Out of Targeted Advertising: The right to opt out of the processing of your Personal Data for purposes of targeted advertising.
• Non-discrimination: You are entitled to exercise the rights described above free from discrimination. This means that you cannot be charged for these requests, penalized in any way, denied benefits, products or services or charged differently for benefits, products or services for doing so.

For more information about these rights, or to exercise one or more of these rights, we kindly ask that you make such request using our data subject request form located here. You can also do this by contacting us as described in the “Questions / Contact Us” section above. Please note that these rights are not absolute, and in certain cases we may decline your request as permitted by law. Please also note that in some circumstances, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity, your residency and/or the nature of your request. Government identification may be required. If you wish to designate an authorized agent to make a request on your behalf, we will need to verify both your and your agent’s identities and your agent must provide valid power of attorney or other proof of authority acceptable to us in our reasonable discretion. We may be unable to process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Conflicts / Inquiries

If there are any conflicts between this supplemental section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. 

If you have questions, would like to submit an inquiry, data or information request(s), or have a complaint about our use of your Personal Data or our response or handling of your requests regarding your Personal Data, you may contact us as described here. Additionally, if you are in a state jurisdiction that recognizes your ability to appeal a decision we have made in connection with your attempt to assert a right under applicable U.S. Privacy Laws, you may file an appeal of our decision refusing your request to exercise your rights under this Privacy Notice. You may request an appeal of such a decision by contacting us here.