Privacy Policy

This Privacy Policy was last updated on Sept 30, 2019.

This website (the “Site”) is operated by KloutSmart, Inc. (“KloutSmart”, “KloutEngage”, “we”, “us” and/or “our”) and has been created to provide our Site visitors (“you”, “your”) with information about our company and our e-mail collection and notification tools and services. This Privacy Policy (this “Policy”) sets forth KloutSmart’s policy with respect to information, including personally identifiable data (such personally identifiable data “Personal Information”), that is collected from you through the Site or through our other service offerings (collectively, including the Site, the “Services”). Certain Services may be made available to you on websites owned by our end customers (each, an “End Customers”), and the information collected via these embedded widgets (“Tools”) is directed to KloutSmart and governed by this Policy.

The Services and our business may change from time to time. As a result, at times it may be necessary for KloutSmart to make changes to this Policy. KloutSmartreserves the right to update this Policy at any time and from time to time without prior notice. Please review this Policy periodically, and especially before you provide any Personal Information. This Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Policy shall indicate your agreement with the terms of such revised Policy.

1. Information Collected
When you interact with us through the Site or other Services, we may collect Personal Information and other information from you, as further described below:

Personal Information That You Provide:
We collect Personal Information from you when you voluntarily provide such information, such as when you contact us with inquiries, subscribe to our or a KloutSmartEnd Customer’s e-mail newsletter, register for access to the Services or use certain Services. For instance, KloutSmartmay collect the following information about you: name, address, zip code, telephone number and e-mail address. The information collected may vary. For example, our End Customers may customize the data that is requested via the Tools and may collect other information, such as your favorite color or birthdate. Wherever KloutSmartcollects Personal Information we make an effort to provide a link to this Policy.

By voluntarily providing us with Personal Information, you are consenting to our use of it in accordance with this Policy. If you provide Personal Information to the Site or through the other Services, you acknowledge, agree, and expressly consent that such Personal Information may be transferred from your current location to the offices and servers of KloutSmartand the authorized third parties referred to herein located in the United States

Other Information:
Non-Identifiable Data: When you interact with KloutSmartthrough the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you, unless it is combined with Personal Information. KloutSmartmay store such information itself or such information may be included in databases owned and maintained by KloutSmartaffiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that KloutSmartuses no Personal Information in this process.

Cookies:
To facilitate and customize your experience with the Website, we store cookies on your computer. A cookie is a small text file that is stored on a User’s computer for record-keeping purposes which contains information about that User. We use cookies to save you time while using the Website, remind us who you are, and track and target User interests in order to provide a customized experience. Cookies also allow us to collect Non-Personally Identifiable Information from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use Third Party Advertising Companies to display advertisements on our Website. As part of their service, they may place separate cookies on your computer. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by our Website only and does not cover the use of cookies by any Advertiser. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Website may not work properly. Other Tracking Devices. We may use other industry standard technologies like pixel tags and web beacons to track your use of our Website pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Website, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Website, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our Affiliates and/or Marketing Partners for the same purposes.

For the avoidance of doubt, except with respect to EU Data, we may share with third parties data collected from your use of websites of End Customers with third parties and such third parties might use that data, together with data collected by such third parties from other sources to cause advertisements to be targeted to you. Such data typically includes the URL you are on. As used herein, “EU Data” means data of data subjects located in the European Economic Area (including the United Kingdom as of the Effective Date of this Privacy Policy).

In addition, you can generally inform the web services with which our Services integrate (such as social buttons, widgets, and other embedded features or content) that you do not want certain information about your webpage visits to be collected. Enabling “Do Not Track” in your web browser settings is an easy way to accomplish this. The “Do Not Track” browser setting is supported by recent versions of major browsers, including Firefox 5+, Internet Explorer 9+, Safari 5.1+, and Google Chrome. Please consult http://donottrack.us on how to enable this privacy setting on your browser. You can also change the way your browser handles cookies. Already existing cookies can be deleted. Please consult www.allaboutcookies.org on how to manage or delete cookies in your browser. This Policy covers the use of cookies and similar files by KloutSmartonly and does not cover the use of cookies, flash cookies, and similar files by any third-party advertisers or websites linked to the Site. We also may use Google Analytics and other similar services. Google Analytics uses cookies to help analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google, Inc. (“Google”). Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

Aggregated Personal Information:
In an ongoing effort to better understand and serve the users of the Services, KloutSmart often conducts research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and KloutSmartmay share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. KloutSmartmay also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

2. Use of Information:
KloutSmartuses the Personal Information you provide in a manner that is consistent with this Policy. If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Information you provide to answer your question or resolve your problem. In addition to the foregoing purposes, we and our affiliates may use your information to: (a) improve the content and functionality of the Services; (b) better understand our users; (c) improve our marketing and promotional efforts and customize the Services content, layout, and Services to better suit your needs; and (c) resolve disputes, troubleshoot problems and enforce our Service Terms (as defined below).

In addition, KloutSmartand its affiliates may use your information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated.

3. Disclosure of Information:
There are certain circumstances in which we may share your Personal Information or other information with third parties without further notice to you, as set forth below:

End Customers: If you enter your Personal Information in any Tool on an End Customer’s website, we may share such Personal Information with the applicable End Customer and such End Customer’s service providers, as requested by such End Customer.

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.

Related Companies: We may also share your Personal Information with our affiliates for purposes consistent with this Policy.

Agents, Consultants and Related Third Parties: KloutSmart, like many businesses, sometimes hires other companies or individuals to perform certain business-related functions. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: KloutSmartmay disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, including lawful requests by public authorities, including to meet national security or law enforcement requirements, (b) protect and defend the rights or property of KloutSmart, (c) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (d) protect against legal.

4. Security:
KloutSmarttakes reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Information to KloutSmartvia the Internet.

5. Third Party Sites:
This Policy applies only to the Services. The Site and other Services, including the Tools, may contain links to other websites not operated or controlled by KloutSmart, including those operated by End Customers (the “Third Party Sites”). The policies and procedures described here do not apply to the Third Party Sites or services, or to the use of information submitted via a Tool on such End Customer’s website by the applicable End Customer or its service providers. The links from the Site or placement of Tools on certain Third Party Sites does not imply that KloutSmartendorses or has reviewed the Third Party Sites. We suggest contacting those sites, services, entities or persons directly for information on their privacy policies.

6. Children’s Online Privacy Protection:
KloutSmartdoes not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Policy by instructing their children never to provide Personal Information through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to KloutSmart, please contact us, and we will endeavor to delete that information from our databases.

7. Exclusions:
This Policy does not apply to any Personal Information collected by KloutSmartother than Personal Information collected through the Services. This Policy shall not apply to any unsolicited information you provide to KloutSmartthrough the Services or through any other means. This includes any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and KloutSmartshall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

8. Access to Information; Contacting KloutSmart
To keep your Personal Information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via the Services. Please also feel free to contact us if you have any questions about this Policy or the information practices of this Site. You may contact us as follows: support@KloutEngage.com or support@KloutSmart.com.

9. Your California Privacy Rights
Applicable California privacy legislation permits visitors who are California residents to request certain information regarding our disclosure of information to third parties for their direct marketing purposes. To make such a request to access such information, please contact us as follows: support@KloutEngage.com. Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.

10. GDPR Terms
The terms and provisions in this Section only apply to EEA Residents and only to the extent that we are subject to the European Union’s General Data Protection Regulation (“GDPR”). If there is any conflict between the GDPR Terms and the rest of this Privacy Policy, the GDPR Terms shall control with respect to EEA Residents (and only to the extent that we are subject to GDPR). Our identity and contact information is as follows:

KloutSmart, Inc., a Delaware corporation d/b/a KloutEngage, 951 Laguna Cir, Foster City, CA 94404, Email: support@kloutengage.com

We rely on the following legal grounds to process your personal information:

• Consent. We may use your personal information as described in this Privacy Policy subject to your consent. To withdraw your consent, please contact us at [support@kloutengage.com].

• Performance of a contract. We may need to collect and use your personal information, as applicable, to perform our contractual obligations.

• Legitimate Interests. We may use your personal information for our legitimate interests to provide our products, our partners’ products, and our services and to improve our services and the content on the Website. We may use technical information as described in this Privacy Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.

• Legal Compliance. We may collect and use your information in connection with legal obligations to which we are subject. These legal obligations include, but are not limited to, any and all applicable (i) federal, state, or local laws, rules, or regulations, (ii) court orders, or (iii) consent decrees.

We may use information that we collect about you, including personal information, to:

• Provide Products and Services. We will use your information to provide our products, our partner’s products, and our services to you; to respond to your inquiries; and for other customer service and support purposes. We use the payment information you provide to us in order to alert you of past, current, and upcoming charges, to allow us to present the purchase history to you, and to perform internal finance processes, such as looking the status of a credit card charge. In the event of a credit card dispute, we also share account information with your bank to verify the legitimacy of a charge.

• Understand and improve our products. We will perform research and analysis about your use of, or interest in, our products, our partner’s products, our services, or content, or products, services or content offered by others. We do this to help make our products better and to develop new products.

• Communicate with you.

• Service related communications. We may send you the service and administrative emails to ensure the products or services are working properly. These messages are considered part of the service and you may not opt out of these messages.

• Promotional. Subject to your opt-out preference, we may send you emails about new product features or other news about KloutSmart or KloutEngage product or on topics we think would be relevant to you. You may opt out of receiving these communications at any time by using the unsubscribe link at the bottom of the applicable email or sending us a request at support@Kloutengage.com.

• Responding to your requests. We will also use your information to respond to your questions or comments.

• Administrative. We may contact you to inform you about changes in our services, our service offering and other important service related notices, such as changes to the Privacy Policy or about security or fraud notices.

• Advertising. Subject to your opt-out preferences, we may develop and display content and advertising tailored to your interests on our services and other sites.

• Protecting Rights and Interests. We will use your information to protect our rights and interests as well as the rights and interests of our users and any other person, as well as to enforce this Privacy Policy or our Terms of Service.

• Legal Compliance. We may use your information to comply with applicable legal or regulatory obligations, including informal requests from law enforcement or other governmental authorities.

• Other. We also may use your information to manage our business or perform functions as otherwise described to you at the time of collection subject to your consent. Please read all online agreements carefully before accepting them.

11. Contacting Us
Corporate Address
KloutSmartInc (d/b/a "KloutEngage")
951 Laguna Cir, Foster City, CA 94404

For Customers Service Inquiries | support@kloutengage.com