Privacy Policy

CloudKPI Privacy Statement

Last Updated: Sept 2018

Privacy is paramount to us. This privacy statement explains the personal data CloudKPI and its affiliates (CloudKPI solutions) process, how CloudKPI processes it, and for what purposes. CloudKPI offers a cloud-based software platform used by companies worldwide to understand and manage their business performance metrics. References to CloudKPI products in this statement include CloudKPI services, websites, apps and software. Please refer to the product-specific details in this privacy statement for additional information on how the solution process data. This statement applies to CloudKPI’s interactions with you and the CloudKPI products listed below, as well as other CloudKPI products that display this statement.

This Privacy Notice explains:

What information we collect and why we collect it.

How we use that information.

The choices we offer, including how to access and update information.

We’ve tried to keep it as simple as possible, but if you’re not familiar with terms, such as cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to us, so whether you are new to us or a long-time user, please do take the time to get to know our practices – and if you have any questions, contact us.

Personal Data We Collect

CloudKPI collects data from you, through our interactions with you and through our products. You provide some of this data directly, and we get some of it by collecting data about your interactions, use and experiences with our products. The data we collect depends on the context of your interactions with CloudKPI and the choices you make, including your privacy settings and the products and features you use. We also obtain data about you from third party applications running on this website.

You have choices when it comes to the technology you use and the data you share. We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which information from our website was most relevant to you. We collect information in the following ways:

Information you give us. For example, any information you submit to us by way of contract or your interaction with the web chat or information request features on the website

Information we get from your use of our services. We collect information about the services that you use and how you use them, like when you interact with our online product . This information includes:

Device information

We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information).

Log information

When you use the Services our servers automatically record information, including information that your browser sends whenever you visit a website or your mobile app sends when you are using it.

This includes:

Details of how you used our service, such as your search queries.

Telephony log information, such as your phone number.

Internet protocol address.

Device event information, such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.

Cookies that may uniquely identify your browser or your Acme Account.

Information collected from the third party installations. We have a number of third party applications and plugins embedded on our website. We and our partners periodically collect data on your user activity, for analytics and better user interaction as well as provide valuable analytics to enhance our products for better use. This includes:

Location information

When you use CloudKPI website or our services, the plugins may collect and process information about your actual location.

Unique application numbers

Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us as well our partners when you access our website or use our services.

Cookies and similar technologies

We and our partners use various technologies to collect and store information when you visit a CloudKPI website or service, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services we offer to our partners, such as advertising services or CloudKPI features or advertisements that may appear on other sites. If you wish to know more about how our partners manage the data collected, we encourage you to visit them at https://policies.google.com/privacy, https://aws.amazon.com/privacy/, and https://www.intercom.com/terms-and-policies.

Information we collect when you are signed in to CloudKPI or visit our website as a guest, we treat it as personal information.

When we ask you to provide personal data, you can decline. If you choose not to provide data necessary to provide you with a product or feature, you cannot use that product or feature. Likewise, where we need to collect personal data by law or to enter into or carry out a contract with you, and you do not provide the data, we will not be able to enter into the contract; or if this relates to an existing product you’re using, we may have to suspend or cancel it. We will notify you if this is the case at the time. Where providing the data is optional, and you choose not to share personal data, features like personalization that use such data will not work for you.

How We Use Personal Data

CloudKPI uses the data we collect to provide you rich, interactive experiences. In particular, we use data to:

Provide our products, which includes updating, securing, and troubleshooting, as well as providing support. It also includes sharing data, when it is required to provide the service or carry out the transactions you request;

Improve and develop our products;

Personalize our products and make recommendations; and

We also use the data to operate our business, which includes analysing our performance, meeting our legal obligations, developing our workforce, and doing research.

In carrying out these purposes, we combine data we collect from different contexts (for example, from your use of CloudKPI products) or obtain from third parties to give you a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes.

Reasons We Share Personal Data

We share your personal data with your consent or to complete any transaction or provide any product you have requested or authorized.

We also share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we have hired to assist in protecting and securing our systems and services may need access to personal data to provide those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.

Finally, we will retain, access, transfer, disclose, and preserve personal data, including your content, when we have a good faith belief that doing so is necessary to:

Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies;

Protect our customers, for example to prevent spam or attempts to defraud users of our products, or to help prevent the loss of life or serious injury of anyone;

Operate and maintain the security of our products, including to prevent or stop an attack on our computer systems or networks; or

Protect the rights or property of CloudKPI, including enforcing the terms governing the use of the services – however, if we receive information indicating that someone is using our services to traffic in stolen intellectual or physical property of CloudKPI, we will not inspect a customer’s private content ourselves, but we may refer the matter to law enforcement.

Please note that some of our products include links to products of third parties whose privacy practices differ from CloudKPI’s. If you provide personal data to any of those products, your data is governed by their privacy policies.

How to Access & Control Your Personal Data

You can also make choices about CloudKPI ‘s collection and use of your data. You can control your personal data that CloudKPI has obtained, and exercise your data protection rights, by contacting CloudKPI or using various tools we provide. How you can access or control your personal data will depend on which products you use. For example, you can:

Choose whether you wish to receive promotional emails, SMS messages, telephone calls, and postal mail from CloudKPI.

Access, change and clear your data by requesting so at sales@cloudkpi.com.

You can access and control your personal data that CloudKPI has obtained with tools CloudKPI provides to you, described below, or by contacting CloudKPI. For instance:

If CloudKPI obtained your consent to use your personal data, you can withdraw that consent at any time;

You can request access to, erasure of, and updates to your personal data; and

If you’d like to port your data elsewhere, you can use tools CloudKPI provides to do so, or if none are available, you can contact CloudKPI for assistance.

You can also object to or restrict CloudKPI’s use of your personal data. For example, you can object at any time to our use of your personal data:

For direct marketing purposes; or

Where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party.

You may have these rights under applicable laws, including the EU General Data Protection Regulation (GDPR), but we offer them regardless of your location.

If your organization, such as your employer, partner or service provider, provides you access to and is administering your use of CloudKPI products, contact your organization to learn more about how to access and control your personal data.

If you cannot access and control certain personal data collected by CloudKPI via the tools above or directly through the CloudKPI products you use, you can always contact CloudKPI at sales@cloudkpi.com or by using our web form. We will respond to requests to control your personal data within 28 days.

Your Communications Preferences

You can choose whether you wish to receive promotional communications from CloudKPI by email, SMS, physical mail, and telephone. If you receive promotional email or SMS messages from us and would like to opt out, you can do so by following the directions in that message. You can manage your CloudKPI email contact preferences by using this web form. These choices do not apply to mandatory service communications that are part of certain CloudKPI products, programs, activities, or to surveys or other informational communications that have their own unsubscribe method.

Browser-Based Controls

When you use a browser, you can control your personal data using certain features. For example:

Cookie Controls. You can control the data stored by cookies and withdraw consent to cookies by using the browser-based cookie controls described in the Cookies section of this privacy statement.

Tracking Protection. You can control the data third-party sites can collect about you using Tracking Protection provided on your web browsers. This feature will block third-party content, including cookies, from any site that is listed in a Tracking Protection List you add.

Browser Controls for “Do Not Track”. Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, CloudKPI services do not currently respond to browser DNT signals. We continue to work with the online industry to define a common understanding of how to treat DNT signals. In the meantime, you can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving interest-based advertising from CloudKPI as described above.

Cookies & Similar Technologies

Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We use cookies and similar technologies for storing and honouring your preferences and settings, enabling you to sign-in, combating fraud, analysing how our products perform, and fulfilling other legitimate purposes.

You have a variety of tools to control the data collected by cookies and similar technologies. For example, you can use controls in your Internet browser to limit how the websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies. For additional information and to learn more, please visit our Cookie Policy

CloudKPI account

With a CloudKPI account, you can sign into CloudKPI products, as well as those of select CloudKPI partners. Personal data associated with your CloudKPI account includes credentials, name and contact data, payment data, device and usage data, your contacts, information about your activities, and your interests and favourites. Signing into your CloudKPI account enables personalization and consistent experiences across products and devices, permits you to use cloud data storage, and enables other features.

Other Important Privacy Information

Below you will find additional privacy information, such as how we secure your data, where we process your data, and how long we retain your data.

Product-specific details:

In the event of a conflict between this CloudKPI privacy statement and the terms of any agreement(s) between a customer and CloudKPI for any CloudKPI product or services, the terms of those agreement(s) will control.

When a customer tries, purchases, uses, or subscribes to Enterprise Products, or obtains support for or professional services with such products, CloudKPI collects data to provide the service, including uses compatible with providing the service, provide the best experiences with our products, operate our business, and communicate with the customer. For example:

When a customer engages with a CloudKPI sales representative, we collect the customer’s name and contact data, along with information about the customer’s organization, to support that engagement.

When a customer interacts with a CloudKPI support professional, we collect device and usage data or error reports to diagnose and resolve problems.

When a customer pays for products, we collect contact and payment data to process the payment.

When we send a customer communications from CloudKPI, we use data to personalize the content of the communication.

When a customer engages with CloudKPI for professional services, we collect the name and contact data of the customer’s designated point of contact and use information provided by the customer to perform the services that the customer has requested.

Your right to address your issues:

Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority or CloudKPI’s supervisory authority, the Irish Data Protection Commissioner (Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland, info@dataprotection.ie). However, we would ask that you contact us first so that we can try to address your concerns.

If you have questions about our Privacy Policy, please get in touch with our Data Protection Officer can be contacted at sales@cloudkpi.com

We may amend or update this Privacy Policy from time to time so please review it periodically. If we make material changes, we will provide you notice of amendments to this Privacy Policy and update the “Last Modified” date at the top of this Privacy Policy.

Data Protection

1. Introduction

1.1. It is the policy of CloudKPI Analytics Limited (“CloudKPI solutions”) to comply with the Data Protection Acts. The purpose of this Privacy Statement is to outline how CloudKPI deal with any personal data you provide to us while visiting our website (the “CloudKPI Website”) or while using the CloudKPI enterprise software (the “CloudKPI Software”) (collectively “CloudKPI Online”).

1.2. When you visit the CloudKPI Website and when you use the CloudKPI Software, you are accepting the terms of this Privacy Statement. CloudKPI shall have no liability to you for any claims, losses or damages arising out of or in connection with the use, disclosure or other processing of your personal data in accordance with the Privacy Statement and your consents.

1.3. CloudKPI provides corporate customers and large organisations (the “Customers”) with a solution to manage your business metrics (the “Services”).

1.4. The Services are provided according to a software as a service model pursuant to the terms of an agreement between CloudKPI and the Customer (the “Service Agreement”).

1.5. The Customer obtains the Services by using the CloudKPI Software accessed through a secure, password protected web site. Once the Customer has been authorised to access the password protected site, the Customer may use the CloudKPI Software to manage and control its metrics using data submitted to businesses systems access by the CloudKPI solution and other external solutions.

1.6. The Customer determines which individuals within the Customer’s organisation (the “Users”) are permitted access to the CloudKPI Software. The Customer may also determine what level of access to the CloudKPI Software to grant to the Users.

2. Cookies

2.1. What are Cookies?

Cookies are small pieces of information, stored in simple text files, placed on your computer by a website. Cookies can be read by the website on your subsequent visits so that you can access information faster and in a more efficient way. The information stored in a cookie may relate to your browsing habits on the web page, or a unique identification number so that the website can “remember” you on your return visit. Generally speaking, cookies do not contain personal information from which you can be identified, unless you have separately furnished such information to the website.

You can at any time set your browser to reject cookies. However if you reject our session cookies, this may affect your ability to use the CloudKPI service and / or our website.

Like many websites, the CloudKPI Website uses “session” cookies and “performance” cookies.

2.2. Session Cookies

“Session” cookies help users to navigate across pages of the CloudKPI Website. They are deleted once you leave the CloudKPI Website. Session cookies do not contain anything other than a session identification number which allows the webserver to “remember” where you are online. Session cookies are especially important for using the CloudKPI Online. Some examples of these cookies include: • Identifying you as being signed in to CloudKPI Online and keeping you logged in throughout your visit. • Remembering the content and metric reports and data you may have completed while you are on CloudKPI.

2.3. Performance Cookies

“Performance” cookies are used by CloudKPI to provide information on the usage of CloudKPI (details in relation to which pages on our website users visited, how they got there, etc). Some of these cookies are saved to your computer so that we know when you revisit CloudKPI. All information these cookies collect is aggregated and used anonymously.

3. Telephone calls

Please note that any telephone calls to CloudKPI may be recorded for customer service and to verify the content of any conversation, including customer instructions.

4. Purposes for which we hold your information

4.1. Use of Non-Personal Data

CloudKPI use the Non-Personal Data gathered from visitors to CloudKPI in an aggregate form to understand the demographics of the users of CloudKPI Online, to help us better design and organise our CloudKPI Online and to aggregate market information for the purposes of benchmarking, analysis and recommendation. CloudKPI uses these analytics tools to assist it in gathering and analysing Non-Personal Data for the reasons described above and our analytics solutions will collect your IP address as part of this analysis.

4.2. Web Browsing

Except as explained above in relation to your IP address, by simply visiting the CloudKPI Website you do not disclose, nor does CloudKPI collect Personal Data on you. Generally, all that CloudKPI may know about your visit may be limited to technical data. This technical data shall be used for administrative and statistical purposes and may be shared with our internet service provider. CloudKPI will use this information to help us to improve our website.

4.3. Personal Data

Personal Data may be collected in a number of ways when you visit the CloudKPI Website or use the CloudKPI Software. CloudKPI may collect data you voluntarily provide to us which may contain Personal Data. For example, when you request a demonstration of the CloudKPI Software, request additional information about the CloudKPI Software, or complete a survey or request application support, CloudKPI may collect personal information, such as your name, address, location, e-mail, phone number, and other information relevant to creating your account. In addition, we may collect demographic, contact, survey or other personal information you provide in connection with your use of the CloudKPI Software.

When you access the CloudKPI Software via our secure web interface, we collect information about the way you use CloudKPI Online. For example, we collect your IP address, the type of browser you are using, and the frequency and length of your usage of the CloudKPI Software. We also collect your user ID and password for the CloudKPIS oftware. CloudKPI uses this information to improve the manner in which we provide services, to relay administrative information and to confirm your login details. We treat this information as Personal Data if we combine it with or link it to any of the identifying data referred to above. Otherwise, this data is only used in the aggregate.

The Customer may submit Personal Data to the CloudKPI Software in connection with the registration of Users with access to the CloudKPI Software, configuring User rights and designating administrative contacts. Alternatively, the Customer may require Users to submit Personal Data themselves for these purposes. The submission of User Personal Data is determined by the Customer, and the Customer has the right to alter, delete or otherwise configure User Personal Data as it sees fit. In the course of using the CloudKPI Software or as the CloudKPI Software is prepared for use prior to implementation, Users may provide data for inclusion in the CloudKPI Software. Users may also cause the CloudKPI Software to process such data. Customers are solely responsible for the contents of the data so provided. Any Personal Data included in the data is submitted at the discretion of such Customers. CloudKPI does not receive Personal Data directly from, and does not have a direct relationship with, individuals whose Personal Data is included in the data. The CloudKPI Software processes the data (and any Personal Data such data may contain) based on the instructions of and for the purposes determined by the applicable Customer.

CloudKPI will process any Personal Data you provide to us through CloudKPI Online for the following purposes: (a) to provide you with information about the services of CloudKPI in respect of which you have enquired; (b) to enable you to access CloudKPI Software; (c) to contact you if required in connection with your account or enquiry or to respond to any communications you might send to us; (d) to help us improve our services and systems; and (e) as otherwise notified to you at the time you provide the information to us.

Personal Data provided online may be linked together or merged with other personal information so that CloudKPI may better understand your needs and inform you about our products and services and those of our partners. In addition, if we receive information from third parties with whom we have business relationships, we may combine this information with the other personal information we maintain about you. In either case, this Policy governs this information. When you use the CloudKPI Software, certain information you provide through the CloudKPI Software may be shared or made available to other users of the CloudKPI Software. Use of the CloudKPI Software may require the disclosure and display of your Personal Data to other users and third-party partners. While CloudKPI will use commercially reasonable measures to protect and secure the confidentiality of your Personal Data, no system or security measure is perfect or impenetrable. Please note that by using CloudKPI Online, you are giving us your consent, to the extent required, to process your Personal Data as outlined in this Privacy Statement. Your consent and our rights to process your Personal Data extend to any successor or assignee of CloudKPI and/or any of its businesses. Please note that if you purport to withdraw your consent, CloudKPI may continue to process your data in accordance with its legitimate interests, to the extent permitted by law.

4.4. Disclosure of Information to Third Parties

If you provide CloudKPI with Personal Data, CloudKPI may use and disclose such Personal Data as set out in this Policy. CloudKPI may share Personal Data with third parties, consultants and other service providers who are engaged by or working with CloudKPI in connection with the operation of the CloudKPI Website and the CloudKPI Software and who need access to such information to carry out work for us. (For example, CloudKPI may engage a third party to assist in routing requests for help, or managing responses to user surveys). CloudKPI informs any such service providers that any such data may only be used to carry out their work for CloudKPI. However, CloudKPI is not responsible for the actions of such service providers. Nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.

CloudKPI may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of CloudKPI. The third parties to whom CloudKPI may provide this information may include our website design, development, support and hosting contractors. CloudKPI may: (i) share your Personal Data with its subsidiaries (together the “CloudKPI Group”) for management and reporting purposes; (ii) as otherwise permitted or required by applicable law or regulation; (iii) to respond to any claims or to protect the rights, property or safety of CloudKPI, CloudKPI’s users, employees or the public; or (iv) as disclosed to you at the time the information is collected. CloudKPI will not disclose your Personal Data to third parties outside of the CloudKPI Group (which for these purposes shall include its agents and third party services providers) unless you have consented to this disclosure or unless the disclosure is required in order to process an application or other communication from you or to perform the services you have applied for or to efficiently manage your account. CloudKPI will however disclose your Personal Data if CloudKPI believe in good faith that CloudKPI or the CloudKPI Group are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other valid legal process, including protecting and defending CloudKPI’s or the CloudKPI Group’s rights and property.

4.5. Sale of Business

CloudKPI reserves the right to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of CloudKPI or any of its subsidiaries provided that the third party agrees to adhere to similar terms to this Privacy Statement.

4.6. Security

No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while CloudKPI will take all reasonable steps to protect your Personal Data, the nature of the Internet is such that CloudKPI cannot guarantee or warrant the security of any information you transmit to us while using CloudKPI. Any information that you do provide to CloudKPI is at your own risk.

4.7. Updating, Verifying and Deleting Personal Data

If CloudKPI hold incorrect information about you, you have the right to have the data amended. Further you have the right to have any information you have sent to us erased if we have failed to comply with our obligations under the Data Protection Acts. To request your right to rectification and/or erasure please send your request to us in writing to CloudKPI, 35 Marlton Demesne, Wicklow, Ireland and was last updated on 01 September 2018 together with: 1. Your name and address. 2. A description of the specific personal data you wish rectified.

If you request an erasure of your Personal Data, all your data will be erased subject to the following important notice. CloudKPI are not required to rectify or erase your data where to do so would prevent you from meeting your contractual obligations to us or where, notwithstanding your request, CloudKPI are required or permitted to process (including retaining) your Personal Data for a lawful purpose in accordance with the Data Protection Acts or other laws.

You agree that you will notify us of any relevant change in your personal circumstances to enable us to comply with our obligations to keep your information up to date.

4.8. Right of Access

Where you have provided us with your personal data you have a right to be given a copy of your personal data in accordance with section 4 of the Data Protection Acts subject to certain exceptions. To request a copy of your personal data please send your request to us in writing to CloudKPI, 35 Marlton Demesne, Wicklow, Ireland together with the prescribed fee of €6.35. Please note the following important points: 1. We reserve the right not to process an access request that does not contain sufficient detail to enable us to comply with our obligations. We will however notify you of any decision not to process a request for these reasons. 2. We shall not process an access request unless the prescribed fee of €6.35 is received by cheque or postal money order made payable to CloudKPI Limited; and 3. We are only obliged to process access requests received in writing and do not accept access requests via telephone or text message.

4.9. Internet Fraud

Organisations and their customers may from time to time be the target of hoax e-mails or SMS messages that are aimed at gathering Internet/account details of the customers. Some of these hoax e-mails and SMS messages have encouraged or facilitated contact with hoax websites that purport to be (but are not) the website of the relevant organisation. We would always advise you to be cautious as regards disclosing your personal details. In particular, you should note that we will only ever request your personal details if: (i) you are seeking to initiate e-mail contact with us via CloudKPI #Online; or (ii) you initiate a request for a particular service via CloudKPI Online and we require certain of your personal details to provide you with the requested service. You should never publish your account details or other private information using a social media channel.

4.10. Hyperlinks and Social Media Sites

Some of the pages on the CloudKPI Website may contain hypertext links to websites not maintained by CloudKPI. You are reminded that different terms and conditions of use will apply to you as a user of such websites. In addition such websites may not attain the same privacy standards that CloudKPI maintains. CloudKPI is not responsible for the content or privacy and security policies of the web sites to which CloudKPI links.

4.11. Data Protection Policy

In addition to this Privacy Statement, you may wish to read our Data Protection Policy which is also available on our website.

4.12. Changes to the Privacy Statement

Any changes to this Privacy Statement will be posted on the CloudKPI Website so you are always aware of what information CloudKPI collects through the CloudKPI Website and the CloudKPI Software, how CloudKPI use it, and under what circumstances, if any, CloudKPI disclose it. If at any time CloudKPI decide to use your Personal Data in a manner significantly different from that stated in this Privacy Statement, or otherwise disclosed to you at the time it was collected, CloudKPI will notify you electronically or by post, at our option.

This Privacy Statement is published by CloudKPI, 35 Marlton Demesne, Wicklow, Ireland and was last updated on 17 September 2018.

4.13. Definitions

“Data Protection Acts” means the Data Protection Acts, 1988 and 2003.

“Personal Data” means data that identifies you or can be used to identify or contact you and may include your name, postal address, email address, telephone number and birth date. [Personal data also includes demographic information such as your job title, employer, geographic area and preferences when such information is linked to other personal data that identifies you.] The information you provide will be used for the purposes for which it was intended/submitted and as set out in this Privacy Statement.

“Non-Personal Data” means statistical and other analytical information collected on an aggregate basis of all visitors to our CloudKPI Online platforms. This Non-Personal Data comprises information that cannot be used to identify or contact you. CloudKPI collects this information to help us monitor online traffic and manage the performance, efficiency and capacity of CloudKPI Online. This information also helps CloudKPI understand what parts of CloudKPI Online are effective/well used and what parts are not being fully utilised.