Online Privacy Policy

Kivu Consulting, Inc. Privacy Policy

Effective Date 11/24/2017.  This policy was last updated in November 2017.

This privacy policy explains the online information practices of Kivu Consulting, Inc. (“Kivu,” “we” or “us”).  Kivu is committed to protecting the privacy of information provided by visitors to this website. This Privacy Policy describes what we do to protect the privacy of information provided by visitors to this website, and the choices you can make about the collection and use of information you submit or we collect through our website kivuconsulting.com, and any other related mobile websites, mobile Kivu applications, services, tools, and other applications (“the Site”).

This privacy policy also applies to all of Kivu’s current U.S. and foreign subsidiaries, including Kivu Netherlands B.V.

  1. Scope and Consent

Thank you for visiting the Kivu Site. The Site is owned and operated by Kivu.  When you use the Site, you are contracting with Kivu, headquartered at 44 Montgomery Street, Suite 700, San Francisco, CA 94104.  By using the Site, U.S., Swiss and EEA residents, other than German residents, expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Policy.

  1. Information We Collect

Information Collection and Use

You can browse the Site without telling us who you are or revealing any personal information (i.e., name, email address, phone number, fax number, mobile telephone number and physical contact information) about yourself.

What information do we collect?

Please review Kivu’s Cookie Policy for an explanation of information that is tracked on this website. This website captures limited information about visits that is used only to analyze general traffic patterns (e.g. the pages visited, the time spent on each page, and the website from which the visitor entered this website) and to perform routine system maintenance.

Kivu collects contact information provided voluntarily by website visitors. If you register with Kivu (e.g. to obtain our email newsletter), you choose to give us your personal information and are not anonymous to us. Kivu may collect the following information in a form as part of an inquiry such as registering for our email newsletter:

Name

Job Title

Company

Mailing Address

Email Address

How do we use this information?

Where website visitors have a specific inquiry and provide their contact information, this information will be added to Kivu’s promotional mailing list, which is use for distribution of our email newsletter, occasional announcements, and promotional material.

Kivu occasionally sends email communications such as our email newsletter. To protect privacy, we offer a way to unsubscribe and opt not to receive future communications. If you wish to unsubscribe, please use the unsubscribe link provided at the bottom of the email communication or send an email to privacy@kivuconsulting.com with a subject of “Unsubscribe.” Any opt-out request will be processed as promptly as practicable.

We may use information provided by visitors to this website for new, unanticipated uses not previously disclosed in our privacy policy, which will then be updated. We reserve the right to disclose information collected from visitors to this website as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.

Kivu does not sell, rent, exchange or otherwise disclose our mailing lists or information about visitors to this website.

Social Media Information: We may offer sign-on services that allow you to use third-party login credentials to access the Site. We also may offer services that allow you to share information with third-party social media websites such as Facebook, Google Plus, LinkedIn, Twitter, and others.

When you link your account or engage with our Site through third-party social media sites, you understand that you may be allowing us to have ongoing access to certain information stored on those social media sites (e.g., your public profile, friend list, people you follow or who follow you, your email address, birthday, work history, education history, interests, current city, religious and political views, website, personal description, and likes, and your friends’ birthdays, education histories, personal descriptions and likes). We may also receive other information (e.g., content viewed and information about the advertisements within the content you have been shown or may have clicked on, etc.) from your interaction with our Site. The information we have access to from the third-party social media websites varies by website and is controlled by your privacy settings on that website and by your consent. By associating an account managed by a third party with your Kivu account and authorizing us to have access to this information, you agree that we may collect, use, and store information from these websites in accordance with this Privacy Policy.

Technical Usage Information: When you visit our Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Sites such as the browser type, IP address, user language, the operating system, the presence/absence of “flash” plug-ins, screen resolution, connection type, and information that identifies the cookie, the pages you view and the length of your visit to the Site (“usage information”). We use tracking technologies (including cookies, flash cookies, web beacons/GIFs, embedded scripts, e-tags/cache browsers) to collect usage information.

We may also collect password information from you when you log in, as well as computer and/or connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information.

Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to better understand your interests and improve your experience of using the Site. To learn more about how we use tracking technologies and cookies, see Section 7 of this Privacy Policy and click here.

  1. Uses and Retention

(a) Operate Our Site: We use the information collected to (i) respond to your requests; (ii) provide customer service (e.g., to resolve disputes, problems with accessing the Site); (iii) personalize your experience; (iv) improve the Site; (v) provide you with a safe, efficient, and customized experience.

(b) Analyze and Aggregate Non-Personal Information: We use aggregate information about our users and non-personal information for statistical purposes, to analyze Site and user behavior, to prepare aggregated reports, and for our own marketing purposes.

(c) Prevent Fraud: We use information from the Site to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities, and enforce our Terms of Use.

(d) Communicate with You and Process your Requests: We use the information you provide to contact you, to comply with your stated communication preferences, or to provide other services requested by you, as described at the time when we collect the information from you, or to contact you for other purposes authorized by law.

(e) Mobile Data: When you access the Site on a mobile device, we may use the information collected for any purpose set forth in this Privacy Policy.

In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.

  1. Disclosure

Information collected on the Site may be shared with:

(a) The Kivu Corporate Family. We may share the information we collect about you with the Kivu corporate family and their and our affiliates and subsidiaries. The information may be disclosed (i) to provide joint content and our services (e.g., registration, transactions, analytics and customer support); (ii) to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; and (iii) to guide decisions about our products, sites, applications, services, tools, and communications. Members of our corporate family will use this information to send you marketing communications and you will have the opportunity to opt-out in email communications.

(b) Service Providers and Other Third Parties. We may disclose your information to service providers under contract who help with our business operations (such as, but not limited to, fraud investigations, software development, email delivery, marketing communications, bill collection, payment processing, and site analytics and operations).

(c) Other Entities with your Consent. Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service). On the Site, you may have opportunities to express interest in or register for other services. If you do, we will provide information about you to those third parties, or parties working on their behalf, to implement your request.

(d) Legal . We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to comply with such legal process, or to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

(e) Change of Control: New Owners. We may share your information with other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will make reasonable efforts to request that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information would be used contrary to this policy, we will request that the new owner provide you with prior notice.

(f) Companies in the Mobile App Industry. If you access the Site through a mobile device or app, we may also share your information with carriers, operating systems and platforms.

(g) Social Networks: Please see Section 6 below.

  1. Your Choices

You can control how and when you want to receive notifications regarding electronic newsletters and marketing-related emails for services described on the Site by contacting us at privacy@kivuconsulting.com or by following the “unsubscribe” instructions within the notices.

  1. Information You Share on the Site

When you interact with our Site through social media sites, plug-ins or other applications, depending upon your privacy settings, this information may become public on the Internet. We cannot prevent further use of this information. You can control what data you share through privacy settings available on some social media sites. Please refer to those third party sites’ privacy policies and terms of use to learn more about their privacy practices, which we do not control.

  1. Tracking Technologies (Cookies)

Do we use cookies?

A “cookie” is a small data file placed on your browsing device by websites you have visited and stored on your browsing device. Review Kivu’s Cookie Policy for detailed information on the use of cookies. If you have configured your browser to disable cookies, you may still browse this website and download materials.

When you visit the Site, we and our business partners may use tracking technologies to enhance your online experience or customize our offerings.

You may encounter tracking technologies/cookies from our third-party service providers, that we have allowed on our site that assist us with various aspects of our Site operations and services, such as Google Analytics.

You also may encounter tracking technologies from third parties on certain pages of the websites that we do not control and have not authorized. (For example, if you view a web page posted as a link from our Site, there may be a cookie placed by that web page).

For more information about the use of cookies and similar technology on our Site please review this Privacy Policy and Kivu’s Cookies Policy.

  1. Accessing, Reviewing, and Changing Your Personal Information

Upon request Kivu will provide you with information about whether we hold any of your personal information. Registered members can review, delete and change personal information at any time by contacting us at privacy@kivuconsulting.com. We will respond to your request within a reasonable timeframe.  You should promptly update your personal information if it changes or becomes inaccurate. We may retain some information from closed accounts so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our Terms of Use, or take other actions permitted by law. Likewise if your account or membership is terminated or suspended, we may maintain some information to prevent re-registration.

  1. California and European Residents

(a) How Do We Respond to “Do Not Track Signals for California Residents”. California Business & Professions Code Section 22575(b)(as amended effective January 1, 2014) provides that California residents are entitled to know how Kivu responds to “Do Not Track” browser settings. Kivu does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

(b) Notice to EEA Residents. If data is processed in the European Economic Area, you may be entitled to request information from us regarding your personal information stored by us and to have your personal data corrected, deleted and blocked by us in accordance with applicable laws. Please contact us by using the contact information as set out in Section 16 of this Privacy Policy below.

  1. Third Party Links

At our discretion, we may include links to third party products or services on this website. These third parties have independent and separate privacy policies. Kivu has no responsibility or liability for the content and activities of these linked sites. However, we seek to protect the integrity of this website and welcome feedback about these linked sites.

  1. Security

How do we protect your information?

We use many security measures to maintain the online and offline safety of your personal information.

We store and process your information on our servers located in the United States and around the world. We maintain technical, physical, and administrative security measures to protect the security of your personal information against loss, misuse, unauthorized access, disclosure, or alteration. Some of the safeguards we use are firewalls, data encryption, physical access controls to our data centers and information access authorization controls. It is your responsibility to make sure that your personal information is accurate.

  1. Children’s Privacy

The Site is a general audience site and it is not intended for children under the age of 13. We do not knowingly collect personal information via our websites, applications, services, or tools from users in this age group.

  1. International Transfer

As we operate internationally, and many of our computer systems are currently based in the United States, your personal information may be processed in the U.S. and elsewhere where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you provide information to us via the Kivu website, you consent to the collection and/or processing in the United States of your personal information and tracking technologies/cookies as described in this Policy.

  1. EU-U.S. Privacy Shield

Kivu (and its wholly owned European subsidiary Kivu Netherlands B.V.) participates in and has certified its compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. Kivu is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Frameworks, to the Frameworks’ applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List (https://www.privacyshield.gov/welcome).

Kivu is responsible for the processing of personal data it receives under the Privacy Shield Frameworks and subsequently transfers to a third party acting as an agent on its behalf. Kivu complies with the Privacy Shield Principles for all onward transfers of personal data from the EU or Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Kivu is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Kivu may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the Privacy Shield Principles, Kivu commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Kivu at:

privacy@kivuconsulting.com

or at:

Chief Privacy Officer

Kivu Consulting, Inc.

44 Montgomery Street, Suite 700

San Francisco, CA  94104

USA

Kivu has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield  for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

  1. Notification Regarding Updates

This Privacy Policy may be occasionally updated. Kivu reserves the right to amend the Privacy Policy for any reason and at any time, without notice to you other than the posting of the amended Privacy Policy at this site. Review the Privacy Policy frequently to see the current policy provisions that are in effect and any changes that may have been made. Current provisions in the Privacy Policy on the website supersede all previous notices or statements regarding Kivu’s privacy practices. When material updates are made, the date of last revision will be reported at the end of the page.

  1. Contact Us

If you have any questions regarding this privacy policy you may contact us via e-mail at privacy@kivuconsulting.com, or at the postal address: Kivu Consulting, Inc., 44 Montgomery Street, Suite 700, San Francisco, CA 94104.

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