Privacy Policy

Effective Date: January 1, 2016
Last Updated: January 1, 2016

Kibo Software, Inc. (“Kibo”) respects the privacy of our web site visitors, customers, partners, and employees. We believe it is important you understand the kind of information we collect about you and how it is used. We recognize the need for appropriate safeguards and management of personally identifiable information you provide to us (“Personal Information or PII”). This Privacy Policy sets forth the privacy principles Kibo follows with respect to your Personal Information. This privacy statement covers all personal information received by Kibo at the web site www.Kibo.com (the “Site”) as well as Kibo’s eCommerce services (the “Kibo eCommerce Services”). Please be advised that the practices described in this privacy statement only apply to information gathered through the Site or through the Kibo eCommerce Services and do not necessarily reflect our practices with respect to information gathered offline.

Information Collection and Use

We collect information about your use of the Site. This information falls into two categories: personally identifiable information and non-personally identifiable information. We want you to be informed about what information is collected, when it is collected, and what we do with the information. Unless otherwise stated, we do not share any of this information with third parties.

  • Personally Identifiable Information: PII is information that can be used to identify or contact you. Such information may include your name, address, email, telephone number, fax number, company, Site user name, Site password, billing or credit card information, or other similar information. PII may be collected when you register on the Site, use certain features of the Site, request information about products or services, register for an event, answer a survey, inquire about employment, correspond with us, or engage in certain other activities on the Site. We use this PII for purposes such as sending you information about products or services, responding to requests for technical or customer support, processing your transactions, tracking compliance with the Site’s rules and regulations, and other related purposes. Furthermore, we use this information to help us improve the Site, understand who uses the Site, and other associated statistical analyses.
  • Non-Personally Identifiable Information (“NII”): NII is information that cannot alone be used to identify or contact you. Such information may include browser information, demographic information such as age, profession or gender, domain names, and other anonymous statistical data related to use of the Site. This information may be used to monitor user traffic patterns and Site usage. We may link some of this NII to PII for purposes such as personalizing and improving your experience on the Site and for general Site evaluation. More specifically, browser information is collected when you are using the Site through log files and third party scripts that automatically collect information that may include IP addresses, browser type, internet service provider, referring/exit pages, number of clicks, date/time stamp, and other similar information. Log files and third party scripts may also collect general demographic information. We use these log files and third party scripts to help us analyze trends and to improve the value of the Site and services. Finally, we may also use third party scripts to collect NII that is necessary to optimize effectiveness of our advertisements appearing on other parties’ sites.

We also collect NII which involves cookies, action tags, and web beacons. Cookies are stored on your computer’s hard drive and identify your web browser and the activities of your computer on the Site and other websites. Most browsers accept cookies automatically, but you may disable them. Cookies help us facilitate efficient site navigation and improve your experience on the Site. Action tags, also known as web beacons or single pixel GIFs, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you. Any portion of the Site, including advertisements or emails sent on our behalf, may contain action tags. Action tags can be used to count Site users, to deliver co-branded services, or to determine whether email messages have been opened or acted upon. Action tags may be used to conduct research on behalf of certain customers, to compile statistics for advertising purposes, for auditing purposes, or to report certain aggregate information. By using cookies and action tags together, we are able to gather information to improve the Site and measure the effectiveness of our advertising and marketing campaigns. Embedded URLs allow use of the Site without cookies and we utilize them as a tracking tool to collect NII. Embedded URLs are exhibited as plain text or encoded extensions to the URL that appear in the browser address or location toolbar. They provide limited NII about navigation on the Site during the current session.

Security

To prevent unauthorized access or disclosure, to maintain data accuracy, and to allow only the appropriate use of your Personal Information, we utilize industry standard physical, technical, and administrative controls and procedures to safeguard the information we collect. To help ensure the integrity and privacy of the PII that you provide to us, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the PII submitted to us, both during transmission and once we receive it. However, you should recognize there is always some risk involved in transmission of information over the internet or in a method of electronic storage.

Choice and Updating Information

We use your Personal Information to provide you with information about Kibo and its products and services, including but not limited to webinars, newsletters, and job openings. You have the option to opt-out of any secondary communications such as promotional communications by clicking on “opt-out” or “unsubscribe” on any promotional emails.

Other than as stated in this Privacy Policy, we will endeavor not to release your Personal Information to unknown or unaffiliated third parties. We do not share, sell, rent or trade your Personal Information to third parties for promotional purposes. However, we may disclose your Personal Information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process including court orders or subpoenas; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of our web sites or eCommerce Services; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

If you wish to update your information, to delete, change or correct it, or to no longer receive our communications, you may email our General Counsel at privacy@kibocommerce.com. Such updates will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy before such update. To protect your privacy and security, we take reasonable steps to verify your identity, before granting access to your Personal Information. In addition, we may limit or deny access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances. We will respond to your request for access to your Personal Information within 30 days of the original request. Due to the distributed nature of our business and systems, we cannot guarantee that your change request will update your information immediately in all Kibo systems. Please also be aware that it is not reasonably possible to remove each and every record of the information you have provided to us. The need to back-up our systems to protect information from inadvertent loss means that a copy of your PII may exist in a form that will be difficult for us to locate. After receiving your request, PII stored in databases we actively use and other readily searchable media will be appropriately updated, as soon as reasonably practicable.

Links to Other Sites

The Site contains links to other sites. Please be aware that Kibo is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website. This Privacy Policy applies solely to information collected by this Site.

Forums

We provide online forums as a means for our customers and other users of our eCommerce Services to communicate. If you use a forum, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the PII you choose to submit in these forums.

Kibo eCommerce Services

Kibo provides our customers with a hosted eCommerce platform to support the development and management of their eCommerce websites. The eCommerce platform is not a part of our corporate web site. Kibo serves as a data processor for our customers who use these services. Kibo does not own the information that is submitted to customer websites. The information that is submitted to our customers’ websites will be subject to our customers’ privacy policies. The following information discloses how information is submitted to these websites and how Kibo will handle the information for our customers who are the owners of this data.

Web Visitors (eCommerce Customers)

Kibo processes Personal Information about a visitor to our customers’ website (“Visitors”) only when the Visitor chooses to provide such information. On certain pages, for example, a Visitor may be required to provide his/her personal information such as his/her name, address, phone number and e-mail address in order to complete a transaction or perform a requested service.

Employees

Kibo employees may process Personal Information from our customers’ employees for, among other things, application access and authentication.

Sharing of Visitors’ Personal Information

As part of Kibo’s services we may contract with third-party providers to perform certain functions on behalf of our customers to enhance our existing product and service offerings. Examples include providing product and service support. These third parties may have access to Visitors’ Personal Information only to the extent necessary to permit them to do their jobs, however, they are bound by confidentiality agreements or similar contractual restrictions before any information is provided to them, and they are restricted from using the information for other purposes.

Web Site / Cookies

In order to improve the content and format of our platform and applications, our eCommerce Services use web site tracking software to automatically capture technical information that is then stored in our servers’ log files. This information may include, but is not limited to, user domain, the type of Internet browser being used, which of our customers’ web pages are visited, and the amount of time spent on our customers’ sites. Our customers’ website pages may contain “cookies.” A cookie is a small amount of data which a web site stores on a Visitor’s computer, and which we or our customers can later retrieve. The cookie cannot be read by a site other than our customer’s. We and our customers use cookies for a number of administrative purposes; for example, to store Visitors’ preferences for certain kinds of information. We will not write to any cookie information that will allow anyone to contact Visitor’s via telephone, e-mail, or any other means. Any additional use of cookies by our customers will be governed by our customers’ privacy policies. Visitors can monitor use of cookies on their computers by setting their web browser to inform them when cookies are set, or Visitors can prevent the cookies from being set entirely. The “help” portion of the toolbar on most browsers explains how to prevent the browser from accepting new cookies, how to have the browser provide notice when a new cookie is received, or how to disable cookies altogether. Please understand that if a Visitor disables the use of cookies, the Visitor may be unable to access certain portions or services in our applications or those of our customers.

Collection of Personal Information by Third-Party Sites

To identify you electronically, a cookie will be stored on your computer. We have a “remarketing” tool running that allows us to take note of your visits to our site and show you relevant ads on our website and across the Internet. You can always opt out.
Our Site may use a third party to present or serve advertisements that you may see at our Site. These third party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy. In addition, our site may contain links to other sites and other sites may also reference or link to our Site. We are not responsible for the privacy practices or the content of other sites.

Security

To protect the confidentiality, integrity, and availability of Visitors’ Personal Information that is processed by our services, Kibo utilizes a variety of industry standard physical and logical access controls, firewalls, intrusion detection/prevention systems, network and database monitoring, and backup systems. We use encrypted sessions when processing or transferring sensitive data through platform and applications. We limit access to Visitors’ Personal Information and data to those persons who have a specific business purpose for maintaining and processing such information. Kibo employees who have been granted physical access to a Visitor’s Personal Information will be made aware of their responsibilities to protect the confidentiality, integrity, and availability of that information and have been provided training and instruction on how to do so.

Access

Kibo will support our customers in taking reasonable steps to ensure that Visitor’s Personal Information is accurate, complete, and current to its intended use. We provide our customers with reasonable access to the Personal Information that they provide to us, as well as the ability to review and correct such information.

Links to Non-Kibo Web Sites and Third Parties

Kibo Customer web sites may contain links to third-party sites for Visitors’ convenience and/or information. If a Visitor accesses those links, he/she will leave the Kibo customer’s website and be re-directed to a third-party site. Kibo does not control those sites or the privacy practices of those third-party sites, which may differ from Kibo’s privacy practices and those of our customer. We do not endorse or make any representations about third-party web sites, and the personal data Visitors choose to provide to third-party web sites is not covered by this Privacy Policy. We encourage Visitors to review the privacy policy of any Web site or company before submitting their Personal Information to them.

Enforcement and Verification

Kibo regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or Kibo’s treatment of Personal Information by contacting us at privacy@kibocommerce.com. If you believe we have used your PII in violation of this Privacy Policy, you may contact us using the Contact Information below. If after 30 days you still believe your complaint has not been satisfactorily resolved, you may require that the matter be settled by a binding independent recourse mechanism (“IRM”). As an IRM for visitors, customers, partners, and employees outside the EU and Switzerland, we recommend the American Arbitration Association® (“AAA”). In these cases, written notice of arbitration should be delivered to Kibo at the address below. Each party will bear its own costs of arbitration. The AAA provides dispute resolution services using a neutral arbitrator which will provide case resolution under the applicable AAA rules. The arbitrator will have no authority to award punitive damages. For more information on the AAA and the dispute resolution services, please see http://www.adr.org/drs. Kibo cooperates and complies with the European Union Data Protection Authorities and the Swiss Federal Data Protection Information Commissioner for unresolved disputes within the EU and Switzerland. Visitors, customers, partners, and employees from the EU and Switzerland should contact their country’s Data Protection Authority for IRM dispute resolution. For Specific European Union Data Protection Authority contact information, please see http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm. For Swiss Federal Data Protection Information Commissioner contact information, please see http://www.edoeb.admin.ch/org/00926/index.html?lang=en


Acceptance and Disclaimer

By using the Site, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you should not use the Site. Kibo reserves the right to modify or amend this Privacy Policy at any time. Your continued use of the Site following the posting of changes will mean that you accept those changes. In the event of a sale, merger or other transfer of all or substantially all of the assets of Kibo, we reserve the right to transfer information to any such third party who acquires all or substantially all of the assets of Kibo by sale, merger, or transfer, or any of its divisions or business units.

Contact Information

At any time you may contact Kibo with questions or concerns about this Privacy Policy at privacy@kibocommerce.com or faxed to (707) 780-1824.

Written responses may also be submitted to:
Kibo Software, Inc.
Attention: General Counsel
617B Second Street
Petaluma, CA 94952 USA

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