Kickbite Privacy Policy  

Last Updated: 11.09.2023

By using our website, you hereby consent to our privacy policy and agree to its terms.

Introduction

This privacy policy outlines Kickbite's (" we ", " our ", " us " or " the Company ") practices with respect to information collected from users who access our website at www.kickbite.io (" Site "), or otherwise share personal information with us (collectively: " Users "). The visitors of our website will be referred to as “Visitors” in this Privacy Policy.

The purpose of this Privacy Policy is to inform site users about how, what, why their personal and non-personal data is collected, how the data is used, and outlines user’s rights.

Grounds for data collection

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter " Personal Information ") is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.

When you use the site, you consent to the collection, storage, use, disclosure and other uses of your personal information as described in this privacy policy.

We encourage our users to carefully read the privacy policy and use it to make informed decisions. If you do not agree with the statements mentioned in this privacy policy, we urge you to not use our services or the site.

What information we collect?

We collect two types of data and information from users.

The first type of information is un-identified and non-identifiable information pertaining to a user(s), which may be made available or gathered via your use of the Site (“ Non-personal Information ”). We are not aware of the identity of a user from which the non-personal information was collected. Non-personal information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our site. We may also collect information on your activity on the site (e.g. pages viewed, online browsing, clicks, actions, etc.).

The second type of information Personal Information which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Personal information is gathered after the User has given consent for it. Such information includes:

• Device information: We collect personal information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the Site.
  
• Registration information: When you register to our Site you will be asked to provide us certain details such as: full name, e-mail, phone number, and other information.  

How do we receive information about you?

We receive your Personal Information from various sources:

• When you voluntarily provide us your personal details in order to register on our Site. By giving consent to cookie collection by clicking on “accept” on the cookie banner entering the Site;
• When you use or access our Site in connection with your use of our services;
• From third party providers, services and public registers (for example, traffic analytics vendors).

What information we collect?

We do not rent, sell, or share Users’ information with third parties except as described in this Privacy Policy.

When the user uses the site, Kickbite may collect:

User’s contact detailsWhen you provide us the details via communications tools available on the website;When requesting a demo;When you subscribe to receiving news from Kickbite:When you register for webinars hosted by Kickbite;Interactions within the websiteWhen you navigate Kickbite’s website;IP addresses, cookiesWhen the User provides necessary cookies, provides data with other cookies when consent has been given and overall navigation within the website.Aggregated data statisticsWhen the User provides Kickbite with data analytics.

We may use the information for the following:

• Communicating with you – sending you notices regarding our services, providing you with technical information and responding to any customer service issue you may have;
  
• To communicate with you and to keep you informed of our latest updates and services;
  
• To serve you advertisements when you use our Site (see more under "Advertisements");
  
• To market our websites and products (see more under "Marketing");
  
• Conducting statistical and analytical purposes, intended to improve the Site.

In addition to the different uses listed above, we may transfer or disclose Personal Information to our subsidiaries, affiliated companies and subcontractors.

In addition to the purposes listed in this Privacy Policy, we may share Personal Information with our trusted third party (e.g. HubSpot, Google Analytics) providers, who may be located in different jurisdictions across the world, for any of the following purposes:

• Hosting and operating our Site;
  
• Providing you with our services, including providing a personalized display of our Site;
• Storing and processing such information on our behalf;
  
• Serving you with advertisements and assist us in evaluating the success of our advertising campaigns and help us retarget any of our users;
  
• Providing you with marketing offers and promotional materials related to our Site and services;
  
• Performing research, technical diagnostics or analytics;

We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.

Kickbite does not enclose User’s data to other third-party providers other than the ones mentioned in this Privacy Policy.

When is personal data used

Kickbite is only going to use your Personal Information where it is assured that it is required to:

1. provide the User with Kickbite’s services when the User has requested it;
2. act in accordance with a relevant legal or regulatory obligation (in this case Kickbite will notify you if a lawful request for your information has been demanded);
3. protect the rights of Kickbite, customers, and others, including to impose our agreements, policies, and terms of use;
4. begin the process of forming a contractual relationship with you (for example, to provide you with technical support);
5. support a business deal (or negotiation of a business deal) involving the sale or transfer of all or a portion of our business or assets ;
6. support legitimate business interests used for our business (for example, to maintain and improve our website) compliant with private data legal regulations.
   

We collect and use the information to communicate with our Users, as well as to comply with applicable legal regulations.

Kickbite processes personal data on behalf of the User within the meaning of section 11 BDSG (German Federal Data Protection Act) and Article 28 GDPR (Data Protection Regulation).

We compile and use personal data and other information of the User only according to the instructions given by the User and only for the required mission-related activities (section 11 para. 3 BDSG [Federal Data Protection Act] and Art. 29 GDPR [General Data Protection Regulations]). A transfer of personal data to a third country or to an international organization within the meaning of Art. 4 no. 26 GDPR may only be with the consent of the User.

We are obliged to ensure that our staff adheres strictly to data confidentiality when using personal data, taking the greatest care in doing so. In particular, the User is required to treat transferred data and personal data compiled by it confidentially and provide information about it or give access to it only within the framework of the User's specific instructions (section 11 para. 3 BDSG and Art. 29 GDPR).

You have the right to withdraw permission at any time, where you have given consent of data collection for different purposes, such as marketing, targeting, measurement, and experience enhancement. This process has no impact on the lawfulness of the process that occurred prior to your consent withdrawal.  

Data protection

Kickbite does not sell personal data and we operate in alliance with GDPR in all of our business processes.

Data collected using our Services belongs to the User and is stored electronically in Amazon Web Services' world-renowned data center located in Frankfurt, Germany. As the data controller, the User is the only person with direct access to your data and no third party may use this data for any purpose other than with the User’s consent.

We would only disclose personal data available to us when we are required to do so by law to protect our rights, comply with investigative warrants, government orders, or similar legal proceedings.

GDPR Data Protection Rights

We would like to make sure that you are fully aware of all of the user data protection rights. Kickbite operates according to the private data rules established by the EU and the German law. Therefore, every user is entitled to the following:

• The right to access - Kickbite’s website User has the right to request copies of the User’s personal data.
• The right to rectification - the User has the right to request that we correct any information that the User believes is inaccurate. The user also has the right to request that we complete the information the user believes is incomplete.
• The right to erasure - The User has the right to request that we erase the User’s personal data, under certain conditions.
• The right to restrict processing  - The User has the right to request that we restrict the processing of the User's personal data, under certain conditions.
• The right to object to processing - The User has the right to object to our processing of the User’s personal data, under certain conditions.
• The right to data portability - The user has the right to request that we transfer the data that we have collected to another organization, or directly to the user,          under certain conditions.

If the User makes a request for the record of its data, Kickbite has up to five working days to respond to the User. The site user is entitled to ask for a copy of their data in a format that can be transmitted to a third party. If the User would like to exercise any of these rights, please contact us via the contact information provided in this Privacy Policy.

Kickbite is and will take all necessary steps and organizational measures to ensure compliance with data protection rules (section 9 BDSG and Art. 32 GDPR).

Other rights of the user

We process personal data on behalf of the User within the meaning of section 11 BDSG (German Federal Data Protection Act) and article 28 GDPR (Data Protection 1 Regulation).

We would like to make sure that you are fully aware of all of the User data protection rights. Kickbite operates according to the private data rules established by the EU and German law. Therefore, every user is entitled to the following:

• Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information.
• Request rectification of your personal information that is in our control. The user also has the right to request that we complete the information the user believes is incomplete.
  
• Request erasure of your personal information.
  
• Request to restrict processing of your personal information by us.
  
• Lodge a complaint with a supervisory authority.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.

You may refuse your data processing or withdraw your consent of data collection for unnecessary activities at any time. After your request to not further process your data, we will withdraw and delete your data.

We compile and use personal data and other information of the user only according to the instructions given by the user and only for the required mission-related activities (section 11 para. 3 BDSG [Federal Data Protection Act] and Art. 29 GDPR [General Data Protection Regulations]). A transfer of personal data to a third country or to an international organization within the meaning of Art. 4 no. 26 GDPR may only be made on the specific instructions of the User.

If you wish to exercise any of the aforementioned rights, receive more information, or ask any questions regarding this Privacy Policy please contact our Data Protection Officer (“DPO”) using the details provided below:

[email protected]

User’s duties

The user must convey its special instructions in writing. Instructions sent by e-mail are confirmed in writing immediately. Instructions may also be conveyed in text form.

Also, data collection compliance with private data laws of the User’s own website is not the responsibility of Kickbite. Therefore, the user itself is responsible to ask for consent before data collection for other purposes than necessary are being executed.

If the user provides us with visitor’s personal data, the User has to comply with the applicable EU data protection laws and regulations.

Retention

We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations.

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

Cookies

We and our trusted partners use cookies and other technologies in our related services, including when you visit our site or access our services.

A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services.

The Site uses the following types of cookies:

a. 'session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed;

b. 'persistent cookies ' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;

c. 'third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.

Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our site may not operate properly and your online experience may be limited.

We request cookies exclusively for our website and service process optimization. Cookies are collected for different purposes such as basic interactions and functionalities, experience enhancement, measurement, targeting, advertising.

We also use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information.

We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

To add, we use a tool in the name of HubSpot.

HubSpot (25 First Street, Cambridge, MA 02141 USA) is a US-based provider of marketing and sales software with subsidiaries in Ireland (HubSpot European Headquarters, Ground Floor, Two Dockland Central, Guild Street, Dublin 1, Ireland) and also in Germany (HubSpot Germany GmbH, Am Postbahnhof 17, 10243 Berlin, Germany).

HubSpot’s cookie operates only after consent has been given by the User according to (article 6 (1) (a) GDPR. After consent has been given, HubSpot records which sites have been viewed by the user.

If interactions have been made on the Site by the User by filling in the HubSpot form or starting a chat within the Company’s website - a record is created in HubSpot’s contact database.

The main aim of using HubSpot as an analytics tool is to optimize our marketing process. Therefore, some of the data that may be collected by HubSpot are: geographical position, browser type, navigation information, referrer URL, performance data, usage analytics, registration information for the HubSpot subscription service, files displayed on location, domain names, pages viewed, aggregate use, operating system version, internet service provider, IP address, device identifier, length of visit, operating system, access times, clickstream data, device model and version.

HubSpot offers integrated software solutions Kickbite uses to cover different aspects of online marketing. This includes but is not limited to, email marketing, social media publishing, and reporting, reports, contact management (CRM), landing pages, and contact forms.

As part of the process, HubSpot may transfer your data to the United States. The security of this transfer is guaranteed by standard contractual terms that ensure that the processing of personal data complies with GDPR compliant security standards. If the standard contractual terms are not sufficient to ensure adequate security standards, the consent granted by you in accordance with Article 49 (1) (a) GDPR serves as the legal basis for data transfer to a third country.

The information generated by the cookie about the use of the online offer by users may also be transmitted to a Google server in the USA and stored there. The processing is based on EU standard contractual clauses. Through this, HubSpot offers a guarantee of compliance with European data protection law.

Third party collection of information

Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to.

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose information as set forth in this Privacy Policy.

How do we safeguard your information?

We take great care in implementing and maintaining the security of the Site and your information . Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Site, and we make no warranty, express, implied or otherwise, that we will prevent such access.

Kickbite uses the User’s non-personal and personal information only for business processes, website optimization, or other reasons enclosed in this Privacy Policy.

Data is kept as long as necessary to perform business operations and services requested by the User. Data is not stored for longer than necessary to perform these functions.

Collected data is not processed for any kind of automated decision-making system.

Transfer of data outside the EEA

Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.

We may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior consent of the User. If personal data is transferred from a country within the European Economic Area to a country outside the European Economic Area, all parties shall ensure that the Personal data are adequately protected and protected according to the law. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

Marketing

We may use your Personal Information, such as your name, email address, telephone number, etc. ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials, concerning our services, which we believe may interest you.  

Out of respect to your right to privacy we provide you within such marketing materials with means to decline receiving further marketing offers from us. If you unsubscribe we will remove your email address or telephone number from our marketing distribution lists.

Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements or administrative notices.

Corporate transaction

We may share information in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, the transferee or acquiring company will assume the rights and obligations as described in this Privacy Policy.

Minors

We understand the importance of protecting children’s privacy, especially in an online environment. The Site is not designed for or directed at children. Under no circumstances shall we allow use of our services by minors without prior consent or authorization by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [email protected].

Updates or amendments to this privacy policy

We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the "Last modified" section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

How to contact us

If you have any general questions about the website, the information we collect, or want to voice any possible complaints, you can contact us at [email protected].

Kickbite GmbH, Mehringdamm 34, 10961 Berlin, Germany