Protecting the individual’s privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. We have created this Privacy Statement to demonstrate our firm commitment to the individual’s right to data protection and privacy. This Privacy Statement outlines how we handle information that can be used to directly or indirectly identify an individual (“Personal Data”).
A. GENERAL INFORMATION
When does this Privacy Statement apply? This Privacy Statement applies to Personal Data that you provide to KPISOFT or which is derived from the Personal Data as outlined below. The use of and any information that is gathered by cookies or other web-tracking technologies is subject to the disclosures and options which can be found on the relevant website.
Data Controller. The data controller of www.kpisoft.com is 2700 Post Oak Blvd,
21st Floor, Houston, TX 77056. Where a registration form is presented on this website, the data controller may vary depending on the actual offering or the purpose of the data collection but it is in any case displayed on the individual registration form’s privacy statement. The KPISOFT data protection officer is Indhran Marnickavasagar (firstname.lastname@example.org).
What does KPISOFT do with my Personal Data? KPISOFT will process the Personal Data provided hereunder only as set out in this Privacy Statement. Further information can be found in Sections B. and C. below. Where the processing of your Personal Data is based on a statutory permission, you can find information on which Personal Data KPISOFT is processing or using for which purposes in Section B below. Where consent for the processing of your Personal Data is required you can find further information in Section C. below.
Duration of processing of Personal Data. Where KPISOFT is processing and using your Personal Data as permitted by law (see B. below) or under your consent (see C. below), KPISOFT will store your Personal Data (i) only for as long as is required to fulfil the purposes set out below or (ii) until you object to KPISOFT’s use of your Personal Data (where KPISOFT has a legitimate interest in using your Personal Data), or (iii) until you withdraw your consent (where you consented to KPISOFT using your Personal Data). However, where KPISOFT is required by mandatory law to retain your Personal Data longer or where your Personal Data is required for KPISOFT to assert or defend against legal claims, KPISOFT will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.
Why am I required to provide Personal Data? As a general principle, your granting of any consent and your provision of any Personal Data hereunder is entirely voluntary; there are generally no detrimental effects on you if you choose not to consent or to provide Personal Data. However, there are circumstances in which KPISOFT cannot take action without certain Personal Data, for example, because this Personal Data is required to process your orders or provide you with access to a web offering or newsletter. In these cases, it will unfortunately not be possible for KPISOFT to provide you with what you request without the relevant Personal Data.
Where will my Personal Data be processed? As part of a global group of companies, KPISOFT has affiliates and third-party service providers within as well as outside of the European Economic Area (the “EEA”). As a consequence, whenever KPISOFT is using or otherwise processing your Personal Data for the purposes set out in this Privacy Statement, KPISOFT may transfer your Personal Data to countries outside of the EEA including to such countries in which a statutory level of data protection applies that is not comparable to the level of data protection within the EEA. Whenever such transfer occurs, it is based on the Standard Contractual Clauses (according to EU Commission Decision 87/2010/EC or any future replacement) in order to contractually provide that your Personal Data is subject to a level of data protection that applies within the EEA. You may obtain a redacted copy (from which commercial information and information that is not relevant has been removed) of such Standard Contractual Clauses by sending a request to email@example.com.
Data subjects’ rights. You can request from KPISOFT at any time information about which Personal Data KPISOFT processes about you and the correction or deletion of such Personal Data. Please note, however, that KPISOFT can delete your Personal Data only if there is no statutory obligation or prevailing right of KPISOFT to retain it. Kindly note that if you request that KPISOFT delete your Personal Data, you will not be able to continue to use any KPISOFT service that requires KPISOFT’s use of your Personal Data.
If KPISOFT uses your Personal Data based on your consent or to perform a contract with you, you may further request from KPISOFT a copy of the Personal Data that you have provided to KPISOFT. In this case, please contact the email address below and specify the information or processing activities to which your request relates, the format in which you would like this information, and whether the Personal Data is to be sent to you or another recipient. KPISOFT will carefully consider your request and discuss with you how it can best fulfill it.
Furthermore, you can request from KPISOFT that KPISOFT restricts your Personal Data from any further processing in any of the following events: (i) you state that the Personal Data KPISOFT has about you is incorrect (but only for as long as KPISOFT requires to check the accuracy of the relevant Personal Data), (ii) there is no legal basis for KPISOFT processing your Personal Data and you demand that KPISOFT restricts your Personal Data from further processing, (iii) KPISOFT no longer requires your Personal Data but you claim that you require KPISOFT to retain such data in order to claim or exercise legal rights or to defend against third-party claims or (iv) in case you object to the processing of your Personal Data by KPISOFT (based on KPISOFT’s legitimate interest as further set out in B. below) for as long as it is required to review as to whether KPISOFT has a prevailing interest or legal obligation in processing your Personal Data.
Please direct any such request to firstname.lastname@example.org.
Right to lodge a complaint. If you believe that KPISOFT is not processing your Personal Data in accordance with the requirements set out herein or applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country in which you live or with the data protection authority of the country or state in which KPISOFT has its registered seat.
Use of this website by children. This website is not intended for anyone under the age of 16 years. If you are younger than 16, you may not register with or use this website.
Links to other websites. This website may contain links to foreign (meaning non-KPISOFT companies) websites. KPISOFT is not responsible for the privacy practices or the content of websites outside the KPISOFT companies. Therefore, we recommend that you carefully read the privacy statements of such foreign sites.
B. WHERE KPISOFT USES MY PERSONAL DATA BASED ON THE LAW
In the following cases, KPISOFT is permitted to process your Personal Data under the applicable data protection law.
Providing the requested goods or services. If you order goods or services from KPISOFT, KPISOFT will use the Personal Data that you enter into the order or registration form (usually (a subset of) your name, (email) address, telephone number, company name and address, your job title and role and, if payment is to be made to KPISOFT, credit card number or bank details) only to process your order or to provide the requested goods or service. This may include taking the necessary steps prior to entering into the contract, responding to your related inquiries, providing you with shipping and billing information, and to process or provide customer feedback and support. This may also include conversation data that you may trigger via the chat functionalities on successfactors.com or other local KPISOFT web presences, contact forms, emails, or telephone. In this Privacy Statement, “goods and services” includes (access to) KPISOFT’s web services, offerings, contests, sweepstakes, other content, non-marketing-related newsletters, whitepapers, tutorials, training and events.
If you participate in tutorials or training provided by KPISOFT, KPISOFT may also track your learning progress in order to make this information available to you. Furthermore, we communicate on a regular basis by email with users who subscribe to our services, and we may also communicate by phone to resolve customer complaints or investigate suspicious transactions. We may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications, which are not marketing-related but merely required for the relevant business relationship. With regard to marketing-related types of communication (i.e. emails and phone calls), KPISOFT will (i) where legally required only provide you with such information after you have opted in and (ii) provide you the opportunity to opt out if you do not want to receive further marketing-related types of communication from us. You can opt out of these at any time at www.kpisoft.com/unsubscribe.
Ensuring compliance. KPISOFT and its products, technologies, and services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and of the United States of America. You acknowledge that, pursuant to the applicable export laws, trade sanctions, and embargoes issued by these countries, KPISOFT is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through KPISOFT’s websites or other delivery channels controlled by KPISOFT. This may include (i) automated checks of any user registration data as set out herein and other information a user provides about his or her identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information; (iii) blocking of access to KPISOFT’s services and systems in case of a potential match; and (iv) contacting a user to confirm his or her identity in case of a potential match.
Furthermore, you acknowledge that any information required to track your choices regarding the processing or use of your Personal Data or receipt of marketing materials (that is to say, depending on the country in which the relevant KPISOFT company operates, whether you have expressly consented to or opted out of receiving marketing materials) may be stored and exchanged between members of KPISOFT as required to ensure compliance.
KPISOFT’s legitimate interest. Each of the use cases below constitutes a legitimate interest of KPISOFT to process or use your Personal Data. If you do not agree with this approach, you may object against KPISOFT’s processing or use of your Personal Data as set out below.
Questionnaires and surveys. KPISOFT may invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any Personal Data. If you nonetheless enter Personal Data in a questionnaire or survey, KPISOFT may use such Personal Data to improve its products and services.
Creation of anonymized data sets. KPISOFT may anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve its and its affiliates’ products and services.
Recording of calls and chats for quality improvement purposes. In case of telephone calls or chat sessions, KPISOFT may record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions in order to improve the quality of KPISOFT’s services.
In order to keep you up-to-date/request feedback. Within an existing business relationship between you and KPISOFT, KPISOFT may inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars or events) which are similar or relate to such products and services you have already purchased or used from KPISOFT. Furthermore, where you have attended a webinar, seminar or event of KPISOFT or purchased products or services from KPISOFT, KPISOFT may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product or service.
Right to object. You may object to KPISOFT using Personal Data for the above purposes at any time by unsubscribing at https://www.kpisoft.com/unsubscribe. If you do so, KPISOFT will cease using your Personal Data for the above purposes (that is to say under a legitimate interest set out above) and remove it from its systems unless KPISOFT is permitted to use such Personal Data for another purpose set out in this Privacy Statement or KPISOFT determines and demonstrates a compelling legitimate interest to continue processing your Personal Data.
Automated tools. In addition to the information you provide, KPISOFT may also collect information during your visit to a KPISOFT website through automated tools, which include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at a KPISOFT website. KPISOFT will use these automated tools and the gathered information to display personalized content and to improve its websites. Using these tools, KPISOFT is also able to collect aggregate data that is not related to a particular individual.
Unless another means to make your choice is listed below, you may refuse the use of automated tools like cookies by selecting the appropriate settings in your browser. Kindly note that the settings in your browser regarding cookies are always limited to the particular browser installed on a particular device and that, as a consequence, if you visit KPISOFT’s websites with different browsers or different devices, you have to disable the tracking cookies in the browsers of all relevant devices. Please be aware that if you do so you may not be able to use the full functionality of the relevant site.
C. WHERE KPISOFT USES MY PERSONAL DATA BASED ON MY CONSENT
In the following cases, KPISOFT will only use your Personal Data as further detailed below after you have granted your prior consent into the relevant processing operations.
News about KPISOFT’s Products and Services. Subject to a respective provision and your consent, KPISOFT may use your name, email and postal address, telephone number, job title and basic information about your employer (name, address, and industry) as well as an interaction profile based on prior interactions with KPISOFT (prior purchases, participation in webinars, seminars or events or the use of (web) services in order to keep you up to date on the latest product announcements, software updates, software upgrades, special offers, and other information about KPISOFT’s software and services (including marketing-related newsletters) as well as events of KPISOFT and in order to display relevant content on KPISOFT’s websites. In connection with these marketing-related activities, KPISOFT may provide a hashed user ID to third-party operated social networks or other web offerings (such as Twitter, LinkedIn, Facebook, Instagram or Google) where this information is then matched against the social networks’ data or the web offerings’ own databases in order to display to you more relevant information.
Special categories of Personal Data. In connection with the registration for and provision of access to an event or seminar, KPISOFT may ask for information about your health for the purpose of identifying and being considerate of individuals who have disabilities or special dietary requirements throughout the event. Any such use of information is based on the consent you grant hereunder.
Kindly note that if you do not provide any such information about disabilities or special dietary requirements, KPISOFT will not be able to take any respective precautions.
Event profiling. If you register for an event, seminar, or webinar of KPISOFT, KPISOFT may share basic participant information (your name, company, and email address) with other participants of the same event, seminar, or webinar for the purpose of communication and the exchange of ideas.
Forwarding your Personal Data to other KPISOFT companies. KPISOFT may transfer your Personal Data to other entities in KPISOFT. The current list of KPISOFT entities can be found here. In such cases, these entities will then use the Personal Data for the same purposes and under the same conditions as outlined in this Section C. above.
Revocation of a consent granted hereunder. You may at any time withdraw a consent granted hereunder by unsubscribing at https://www.kpisoft.com/unsubscribe. In case of withdrawal, KPISOFT will not process Personal Data subject to this consent any longer unless legally required to do so. In case KPISOFT is required to retain your Personal Data for legal reasons your Personal Data will be restricted from further processing and only retained for the term required by law. However, any withdrawal has no effect on past processing of personal data by KPISOFT up to the point in time of your withdrawal. Furthermore, if your use of an KPISOFT offering requires your prior consent, KPISOFT will not be (any longer) able to provide the relevant service, offer or event to you after your revocation.
D. U.S.-SPECIFIC PROVISIONS
Where KPISOFT is subject to U.S. privacy requirements, the following also applies:
Do Not Track. Your browser may allow you to set a “Do not track” preference. Unless otherwise stated, our sites do not honor “Do not track” requests. However, you may elect not to accept cookies by changing the designated settings on your web browser or, where available, if the relevant website contains a link to it. Cookies are small text files placed on your computer while visiting certain sites on the Internet used to identify your computer. Please note that if you do not accept cookies, you may not be able to use certain functions and features of our site.
Requirements to Protect Children’s Privacy. We do not intend for our websites or online services to be used by anyone under the age of 13. If you are a parent or guardian and believe we may have collected information about a child, please contact us at email@example.com.
E. Russia-specific Provisions
The following applies to users who are resident in the Russian Federation:
The services hereunder are not intended for use by citizens of the Russian Federation who are resident in Russia. If you are a Russian citizen residing in Russia, you are hereby notified that any Personal Data that you input into the services will be solely at your own risk and responsibility, that you expressly agree that KPISOFT may gather your Personal Data and will process this data in the United States and in other countries, and that you will not hold KPISOFT accountable for any potential non-observance of legislation of the Russian Federation.