Kong Digital Ltd – Privacy Notice

Kong Digital Limited takes your privacy seriously. This Privacy Notice describes Kong Digital’s privacy practices in relation to information that we collect through websites operated by us or our customers, through social media pages and applications and via other services provided by us both online and offline. If you have any questions about our Privacy Notice, please contact us using the contact information provided in the Privacy Notice. This Privacy Notice outlines:

1. Who we are

2. What information we collect about you

3. How we collect the information

4. How we use that information

5. How we share information that we collect

6. How we store and secure information that we collect

7. How you can access and control your information

8. Other important details

This Privacy Notice does not apply to the practices of third parties that Kong does not own or control.

This Privacy Notice also does not apply to information that we receive or handle on behalf of our clients in our role as a service provider, such as information that we receive through Kong’s software services or other Kong services, including any applications we make available for client use. Such information is governed by the terms of the applicable services agreement, rather than this Privacy Notice.

You can request a copy of this Privacy Notice by contacting us at accounts@kongdigital.com

1. Who we are

When we refer to Kong in this Notice we mean Kong Digital Limited, company registration number 513554, with registered address: Old Dawsons Demesne, Ardee, Co Louth, Ireland.

2. What information we collect about you

Kongalytics uses social data to drive pinpointed advertising campaigns by tracking audiences across our client’s social accounts, along with how they interact with their website. Kong Digital’s Software as a Service (SaaS) product “Kongalytics” is a digital marketing software platform that integrates social media campaigns, online advertising campaigns and search engine optimisation performance in one online platform.
Kong collects the following information:

  • Personal Data. “Personal Data” is information that, directly or indirectly, identifies you or another individual and which may include: name, title, company name, job function, expertise, postal address, telephone number, email address, browser and device information (including IP Address), and information collected through cookies and other similar technologies. If you submit any Personal Data relating to other people to us or to our service providers, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.
  • Other Information. “Other Information” is any information that does not and cannot be used to reveal your identity or that of another individual, such as information which has been fully and permanently anonymised. We use this information for other purposes as described below.

3. How we collect the information

Kong (and our service providers) collect Personal Data and Other Information in a number of ways:

  • Information from other sources: In order to enhance our ability to provide relevant marketing, offers, and services to you, we obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms, as well as from other third parties.
  • Offline: We collect information from you offline, such as when you attend one of our events, during phone calls with our sales representatives, or when you contact us.
  • From you: Kong collects information such as your location or your preferred means of communication when you voluntarily provide it. Unless combined with Personal Data, this information does not personally identify you or any other user of the Sites.
  • Via your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Sites (such as the Apps) you are using. Your IP Address?is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you access the Sites, along with the time of the visit and the page(s) that you visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. Kong may use IP Addresses to calculate usage levels of web sites, administer the sites and diagnose problems with servers.
  • Via your use of applications: When you download and use an app (application), we and our service providers track and collect app usage data, such as the date and time the app on your device accesses our servers and what information and files have been downloaded to the app based on your device number.
  • Via cookies and other similar technologies: “Cookies” include commonly used pieces of information in the form of small files that are placed on an individual’s device to enable the individual to more easily communicate and interact with the website. When you visit a website, it can send one or more cookies to your device. These cookies enable us to store information about your device which helps us, amongst other things, to provide you with a good experience when you browse and enhance the level of services and functions provided. We also use third parties to serve advertisements on other websites that may be of interest to you, based on information collected about your use of websites. To do so, these companies may place or recognise a unique cookie or similar on your browser. Kong recognises automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions. Please review our Cookies Policy (which can be found on our website) for more information.
  • By aggregating information: Aggregated Personal Data does not personally identify you or any other user of websites.

4. How we use that information

We use Personal Data:

  • To send information and materials regarding our products and services. ?To send administrative information such as changes to our terms, conditions, and policies.
  • To send you marketing communications, including via email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.
  • To personalise your experience on websites, applications, social media by presenting products and offers tailored to you.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our websites and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our Affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. We will collect and use your Personal Data where the processing is in our legitimate business interests, such as for direct marketing and sales of our services to prospective Business-to-Business (B2B) customers. Our legal basis for processing Personal Data in certain circumstances will also be based on your consent to do so or where we need the Personal Data to perform a contract with you or in order to enter into a contract with you. In some cases, we may also have a legal obligation to collect Personal Data from you. If we ask you to provide Personal Data to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data).

5. How we share information that we collect

Third-Party Business Partners:

Kong partners with a variety of businesses and works closely with them to market or sell products or services. In certain situations, these businesses operate within the websites and applications. We may disclose Personal Data to our partners for the purposes described above. We may share Personal Data with our business partners when you allow our partners to send you marketing communications and information that may be of interest to you, as permitted under applicable law.

Agents and Service Providers:

We may contract with other companies and people to perform tasks on our behalf and share your Personal Data with some of them to provide products or services to you, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples include analysing data, providing marketing assistance, conducting billing, processing payments, engaging technical support for our services, providing customer service, and performing analysis related to our products or services. We also provide your Personal Data to agents and service providers to verify or compile aggregate usage data that we provide to our partners. When we share this information in this way, we require the agent or service provider to maintain the privacy, confidentiality and security of the Personal Data.

Blogs and Social Media Pages:

Personal Data may also be disclosed by you through websites, applications, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. This information can appear in public ways, such as through search engines or other publicly available platforms, and can be searched by third parties. Please do not post any information that you do not want to reveal to the public at large.

Profiling and Automated Decision-making:

Kong combines data obtained by the methods described in Section 3 to help us determine what products and services might be of interest to you. No automated decisions are made that would result in legal effects or similarly significantly affect an individual.

Protection of Kong and Others:

We may release Personal Data as we believe necessary and appropriate to law enforcement, tax, fraud prevention, credit risk agencies and other companies and organisations for the reasons given under Section 4 above.

Outside of the EEA:

Kong will not transfer your personal data outside of the EEA.

Other Information:

We use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Data under applicable law, then we would use or disclose it in the same way that we use and disclose Personal Data. In some instances, we may combine Other Information with Personal Data (such as combining your name with the name of your organisation). If that combination permits you to be identified, we will treat the combined information as Personal Data for as long as it is combined.

6. How we store and secure information that we collect

We have implemented appropriate organisational, technical, and administrative measures to protect Personal Data within our organisation, including security controls to prevent unauthorised access to our systems. While we take reasonable steps to secure your Personal Data from loss, misuse, interference and unauthorised access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be 100 percent secure from intrusion or hacking, and there is therefore always some risk assumed by sharing Personal Data online. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the Contact Us section below.

7. How you can access and control your information

If you would like to access, correct, amend, remove, object or limit the use or disclosure of any Personal Data about you that has been collected and stored by Kong, or have it transferred to another  organisation, please notify us at accounts@kongdigital.com so that we may consider and respond to your request in accordance with applicable law.

You can always opt not to disclose information.

You can opt-out of receiving marketing messages from Kong or our business partners by unsubscribing through the unsubscribe or opt-out link in an email, or by unsubscribing via the websites of Kong or our business partners or by sending an email to accounts@kongdigital.com. We will comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.

For your protection, we only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we need to verify your identity before implementing your request. We will action your request within 30 days.

Please note that we need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion.

8. Other important details

How long Kong will retain your Personal Data

Generally, we will not keep your personal data for longer than is needed for the purpose the data was originally collected, including to pursue our legitimate business interests, comply with our legal obligations, resolve disputes and enforce applicable agreements.

Personal data of Children

Kong does not knowingly or specifically collect information about minors under the age of 18 and believes that children of any age should get their parents’ or legal guardians’ consent before providing any Personal Data. If you believe that we have mistakenly or unintentionally collected such information, please notify us at accounts@kongdigital.com so that we can delete the information from our servers.

Third Party Sites

Some websites, social media and applications permit you to link to other websites on the Internet through direct links or through applications such as “share” or “like” buttons, and other websites likewise may contain links to our sites. The information practices or content of such other websites is governed by the privacy statements of those websites and not by this Privacy Notice. We encourage you to review the privacy policies found on such other websites, services and applications to understand how your information is collected and used by them.

Similarly, please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other organisations, such as Apple, Facebook, Google, LinkedIn, Microsoft, RIM, Twitter or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including any Personal Data you disclose to other organisations through or in connection with the Apps or the Social Media Pages.

Sensitive (i.e. Special Categories of Personal Data) Information

We ask that you not send us or disclose any sensitive Personal Data (e.g. RSI numbers, social security numbers, information related to racial or ethnic origin, sexual orientation, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the websites, applications, social media or via other means.

Changes to this Privacy Notice

Kong may amend this Privacy Notice from time to time. The “date amended” appears at the bottom of this privacy notice and this date indicates when the Privacy Notice was last revised.

Contact Us

Your privacy is important to us. If you have any questions, concerns, or complaints regarding the way we collect and handle your information, please contact our Data Protection Officer (DPO) by email at accounts@kongdigital.com or by mail at: Kong Digital Ltd, Old Dawson’s Demesne, Ardee, Co. Louth ATTN: Data Protection Officer.

Because email communications are not always secure, please do not include bank account information or other sensitive (special categories of personal data) information in your emails to us.

Your right to make a complaint

Kong will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

You also have the right to complain to a data protection authority about our collection and use of your Personal Data. Their contact details are as follows:

Data Protection Commissioner (if you are in the Republic of Ireland):

Canal House

Station Road

Portarlington

Co. Laois

R32 AP23

0761 104 8000

 

Information Commissioner’s Office (if you are in Great Britain):

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113 or 01625 545 745

 

Information Commissioner’s Office (if you are in Northern Ireland):

3rd Floor

14 Cromac Place

Belfast

BT7 2JB

Northern Ireland Tel: 028 9027 8757 or 0303 123 1114

 

 

Privacy Notice – Date Amended: 22 May 2018

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