This Privacy Policy describes how Kimonus® collects, uses and discloses information, and what choices you have with respect to the information.

When we refer to “Kimonus®”, we mean the Kimonus® entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.

This Privacy Policy applies to Kimonus®’s online platform, including the associated Kimonus® mobile and Browser applications (collectively, the “Services”), Kimonus.com and other Kimonus® websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with Kimonus®. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect of Kimonus®’s business.

Information We Collect And Receive

Kimonus® may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:

  • Customer Data. Customers or individuals granted access to a Project by a Customer (“Authorized Users”) routinely submit Customer Data to Kimonus® when using the Services.
  • Other Information. Kimonus® also collects, generates and/or receives Other Information:
    1. Account Information. To create or update an account, you or your Customer (e.g., your employer) supply Kimonus® with an email address, phone number, password, domain and/or similar account details. In addition, Customers that purchase the Kimonus® Services, provide billing details such as credit card information, banking information and/or a billing address.
    2. Usage Information.
      • Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Kimonus® logs the Projects, channels, people, features, content and links you interact with, the types of files shared.
      • Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
      • Device information. Kimonus® collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
      • Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Kimonus® may also collect location information from devices in accordance with the consent process provided by your device.
    3. Cookie Information. Kimonus® uses cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy.
    4. Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the Services.
    5. Third Party Data. Kimonus® may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
    6. Additional Information Provided to Kimonus®. We receive Other Information when submitted to our Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with Kimonus®.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Project setup details, is not provided, we may be unable to provide the Services.

Customer Data will be used by Kimonus® in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Kimonus® is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to a Project, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.

Kimonus® uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Kimonus® uses Other Information:

  • To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at an Authorized User’s request.
  • As required by applicable law, legal process or regulation.
  • To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.
  • To develop and provide search, learning and productivity tools and additional features. Kimonus® tries to make the Services as useful as possible for specific Projects and Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content, channels or expertise to an Authorized User, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new productivity features and products.
  • To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Kimonus®. These are marketing messages, so you can control whether you receive them.
  • For billing, account management and other administrative matters. Kimonus® may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
  • To investigate and help prevent security issues and abuse.

If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Kimonus® may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

Kimonus® will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Depending on the Services plan, Customer may be able to customize its retention settings and apply those customized settings at the Project level, channel level or other level. Customer may also apply different settings to messages, files or other types of Customer Data. The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information. Kimonus® may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for Kimonus® to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

This section describes how Kimonus® may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Kimonus® does not control how they or any other third parties choose to share or disclose Information.

  • Customer’s Instructions. Kimonus® will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
  • Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Projects. For example, an Authorized User’s email address may be displayed with their Project profile.
  • Collaborating with Others. The Services provide different ways for Authorized Users working in independent Projects to collaborate, such as shared channels. Other Information, such as an Authorized User’s profile Information, may be shared, subject to the policies and practices of the other Project(s).
  • Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Project activity or accessing or modifying your profile details.
  • Corporate Affiliates. Kimonus® may share Other Information with its corporate affiliates, parents and/or subsidiaries.
  • Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Kimonus® customer the average amount of time spent within a typical Project.
  • To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Please see the Data Request Policy to understand how Kimonus® responds to requests to disclose data from government agencies and other sources.
  • To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Kimonus® or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
  • With Consent. Kimonus® may share Other Information with third parties when we have consent to do so.

Kimonus® takes security of data very seriously. Kimonus® works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. Given the nature of communications and information processing technology, Kimonus® cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.

To the extent prohibited by applicable law, Kimonus® does not allow use of our Services and Websites by anyone younger than legal age. If you learn that anyone younger than legal age has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

These Privacy Policy may evolve to reflect Law and regulations changes. If we make a change to the Policy, we will provide User with reasonable notice prior to the change taking effect, either by emailing the email address associated with Customer’s account or by messaging Customer through the Services. Customer can review the most current version of the Privacy Policy at any time. The revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If you access or uses the Services after the effective date, that use will constitute the acceptance of any revised terms and conditions.

If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact the Customer if you wish to request the removal of Personal Data under their control.

Kimonus® does not transfer your Personal Data to countries other than the one you choose to establish the service that is provided by AWS Datacenters.

When Customer signed up for a plan, he has to choose to activate Kimonus® service in EU or US Datacenters. EU service is strictly compliant with GDPR, while US Datacenter is Privacy Shield compliant.

To communicate with our Data Protection Officer, please email dpo@Kimonus.com.

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Kimonus® is the processor of Customer Data and the controller of Other Information. Different Kimonus® entities provide the Services in different parts of the world. BrainWise, the Italian Corporate who Kimonus® Inc. belongs, is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Projects established for Customers outside of the U.S. and Canada. Kimonus® Inc., a US company based in Miami, Florida is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Projects established for Customers in the US and Canada.

Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You contact Customer for additional access and assistance.

To the extent that Kimonus®’s processing of your Personal Data is subject to the General Data Protection Regulation, Kimonus® relies on its legitimate interests, described above, to process your data. Kimonus® may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Kimonus®’s use of your Personal Data for this purpose at any time. 

Subject to applicable law, you also have the right to (i) restrict Kimonus®’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Irish Data Protection Commissioner, which is Kimonus®’s lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority:

Italian Data Protection Commissioner

Piazza di Monte Citorio, 121

00186 Roma

Phone: +39-06-6967 71

Fax: +39-06-6967 73785


Email:
 urp@gpdp.it

Contacting Kimonus®

Please also feel free to contact Kimonus® if you have any questions about this Privacy Policy or Kimonus®’s practices, or if you are seeking to exercise any of your statutory rights. You may contact us at privacy@Kimonus.com