Privacy Policy

Kong.ai participates in and has applied to be certified with the EU-U.S. Privacy Shield Framework. The following affiliated entities adhere to the Privacy Shield principles: Kong.ai is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List at https://www.privacyshield.gov.

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

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

You may direct any inquiries or complaints related to our Privacy Shield compliance to privacy@Kong.ai. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you may contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

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

Kong.ai is complied under General Data Protection Regulation (GDPR), which is a legal framework that sets guidelines for the collection and processing of personal information from individuals who live in the European Union (EU). According to the GDPR act, all businesses located within the EU as well as businesses dealing with customers in the EU will have to look at compliant methods in dealing with EU consumer/customer data.

Kong.ai's Privacy Policy possesses legal basis for collecting and using the personal information described in this Privacy Policy depending on the Personal Information we collect and the specific context in which we collect information.

The GDPR mandates that EU visitors be given a number of data disclosures. We at Kong.ai follow necessary steps to facilitate such EU consumer rights as a timely notification in the event of personal data being breached.

Kong.ai will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you.

• The right of rectification.

• The right to object.

• The right of restriction.

• The right to data portability.

• The right to withdraw consent.

Under the Data Protection Act 2018 and UK GDPR, Kong.ai Privacy Policy refers to our commitment to treat information of employees, customers, stakeholders and other interested parties with the utmost care and confidentiality. With this policy, Kong.ai ensure that we gather, store and handle data fairly, transparently and with respect towards individual rights.

Our principles towards personal data are as follows:

• Personal data must be processed lawfully, fairly, and in a transparent manner.

• Personal data must be processed for specified, explicit, and legitimate purposes.

• Personal data must be adequate, relevant, and not excessive.

• Personal data must be accurate and up to date.

• Personal data shouldn't be kept any longer than is necessary.

• Personal data must be processed securely.

• Kong.ai is responsible for GDPR and must demonstrate compliance.

Kong.ai aims to better protect consumer bankcard data from theft, loss, and misuse through the standards' requirements of PCI. The Payment Card Industry Data Security Standards (PCI DSS) are a set of operational and technical requirements that all entities using consumer bankcard information must uphold. PCI DSS are put into effect and administered by the Payment Card Industry Security Standards Council, an industry consortium of American Express, Discover, JCB International, Mastercard and Visa Inc. formed in 2016.

Kong.ai utilizes customer data to deliver services to our customers. Accordingly, all customer information to include cardholder data as well as other sensitive customer and company information, will be protected by all staff, contractors, partners, and services providers in accordance with well-defined policies and procedures.

Kong.ai will operate on the security principle of "that which is not explicitly allowed is explicitly denied." Attempts by anyone to access, monitor, use or share information that is not explicitly allowed to them by our security program will be considered a security violation. Furthermore, access to sensitive information will be permitted on a "need to know" basis, such that employees have access to only those data and systems required to perform their assigned jobs.

We will deploy systems, processes, policies, and training to protect our mission critical data assets and customer privacy. Most important, we will monitor and enforce compliance to our policies.

We may update this Privacy Policy from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make any material changes we will notify you by posting the revised Privacy Policy on our Websites and, if you subscribe to our Subscription Service, providing notice through the Notification app in the Kong.ai portal used to access your Kong.ai subscription. This helps you to always be aware of what information we collect, how we use it and under what circumstances, if any, it is disclosed. Your continued use of the Websites, the Subscription Service, and/or continued provision of Personal Information to us will be subject to the terms of the then-current Privacy Policy.

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please write to us by email at privacy@Kong.ai or by mail to Kong.ai, 22 Heritage Blvd, Princeton NJ 08540, USA, Attn: Privacy.

Our online Subscription Service allows any company that uses it (our customers and Kong.ai itself) to build marketing web pages on our servers where visitors can learn more about the company, download content, and provide their contact information and other demographic information. This information, which is stored and managed on our service providers' servers, is then used so that the visitors can be contacted about their interest in the company's goods or services and interact with the company. Kong.ai provides the Subscription Service to our customers for their own marketing and lead generation, and we use it on our Websites for our own marketing and lead generation.

We use our own Subscription Service to build web pages that people can visit to learn more about Kong.ai. Information that we collect and manage using the Subscription Service for our own marketing belongs to us and is used, disclosed and protected according to this Privacy Policy.

Our customers use the Subscription Service to build web pages that people can visit to learn more about their business. Kong.ai does not control the content of these web pages or the types of information that our customers may choose to collect or manage using the Subscription Service. That information belongs to them and is used, disclosed and protected by them according to their privacy policies and is not subject to this Privacy Policy. Kong.ai processes our customers' information as they direct and in accordance with our agreements with our customers, and we store it on our service providers' servers, but we do not have control over its collection or management. Our agreements with our customers prohibit us from using that information, except as necessary to provide and improve the Subscription Service, as permitted by this Privacy Policy, and as required by law. We have no direct relationship with individuals who provide Personal Information to our customers. Kong.ai acknowledges that you have the right to access your Personal Information. Our customers control and are responsible for correcting, deleting or updating information they have collected from you using the Subscription Service. If requested to remove data we will respond within a reasonable timeframe. We may work with our customers to help them provide notice to their visitors about their data collection, processing and usage. Our agreements with our customers prohibit them from using the Subscription Service to collect, manage, or process Sensitive Information. We are not responsible for our customers' use of information they collect on the Subscription Service.

Kong.ai collects information under the direction of its customers, and has no direct relationship with the individuals whose Personal Information it processes. If you are a customer of one of our customers and would no longer like to be contacted by one of our customer that use our Subscription Service, please contact the customer that you interact with directly. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our customers.

Kong.ai does not use any user data, including data obtained through Google Workspace APIs, to develop, improve, or train generalized/non-personalized AI and/or ML models. Any use of AI or ML in our services is strictly limited to personalized models that enhance the user experience within the scope of our service. Please note that Information received from Google APIs by our app -Kong.ai and transfer to any third-party AI tools, complies with the Google API Services User Data Policy, specifically adhering to the Limited Use requirements.

We do not transfer any Google user data to third-party AI tools for the purpose of developing, improving, or training generalized/non-personalized AI and/or ML models. Any transfer of user data to third parties is solely for the purpose of providing and improving our specific services, as outlined in our service agreements with our customers.

We respect your privacy and the integrity of your data. Kong.ai does not use your data to train our AI or machine learning models beyond the scope of providing personalized services within our platform.

This refers to Race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life, sexual orientation or similar personal identifiers, or other employment, financial or health information.

You are free to explore the Websites without providing any Personal Information about yourself. When you visit the Websites or register for the Subscription Service, we request that you provide Personal Information about yourself, and we collect Navigational Information.

We use mobile analytics software to allow us to better understand the functionality of our Mobile Apps on your mobile device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. In addition to the information we collect on our Websites, when you use our Mobile Apps we may also collect your city location, device model and version, device identifier (or "UDID"), OS version, and your Kong.ai Subscription Service credentials.

We send push notifications from time to time in order to update you about events or promotions. If you no longer wish to receive such communications, you may turn them off at the device level.

We may link information we store within the analytics software to Personal Information you submit within the Mobile App. We do this to improve the services we offer you and improve our marketing, analytics and site functionality.

This refers to any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, email address, company name, address, phone number, and other information about yourself or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.

This refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. Please see the "Navigation Information" section below.

We collect and process payment information from you when you subscribe to the Subscription Service, including credit card numbers and billing information, using third party PCI-compliant service providers. Except for this, we do not collect Sensitive Information from you.

The Websites are not intended for or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us at privacy@Kong.ai, so that we may delete the information.

We use the information we collect only in compliance with this Privacy Policy. Customers who subscribe to our Subscription Services are obligated through our agreements with them to comply with this Privacy Policy.

We will never sell your Personal Information to any third party.

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to:

• Improve your browsing experience by personalizing the Websites and to improve the Subscription Service;

• Send information to you which we think may be of interest to you by post, email, or other means;

• Send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you;

• Provide other companies with statistical information about our users -- but this information will not be used to identify any individual user

We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your unique Personal Information to the third party. In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information. If you do not want us to share your personal information with these companies, contact us at privacy@Kong.ai.

We use the information collected through our Subscription Service by our customers for the following purposes: (a) to provide the Subscription Service (which may include the detection, prevention and resolution of security and technical issues); (b) to respond to customer support requests; and (c) otherwise to fulfill the obligations under the Kong.ai Customer Terms of Service.

We use Navigational Information to operate and improve the Websites and the Subscription Service. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized information about Kong.ai.

We post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer's consent via email prior to posting the customer's name and testimonial.

If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use the information you provide except for the sole purpose of credit card processing on our behalf.

We employ other companies and people to provide services to visitors to our Websites, our customers, and users of the Subscription Service and may need to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When sensitive Personal Information (such as a credit card number and/or geo-location data) is collected on our Websites and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

If you have any questions about the security of your Personal Information, you can contact us at privacy@Kong.ai.

Our Websites include Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

Our Websites provide links to other websites. We do not control, and are not responsible for the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

We offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any information you have posted on the Websites if you so request, as described in "Opting Out and Unsubscribing" below.

We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about the Subscription Service or our other services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, and then we securely delete the information. We will delete this information from the servers at an earlier date if you so request, as described in "Opting Out and Unsubscribing" below. If you provide information to our customers as part of their use of the Subscription Service, our customers decide how long to retain the personal information they collect from you. If a customer terminates its use of the Subscription Service, then we will provide customer with access to all information stored for the customer by the Subscription Service, including any Personal Information provided by you, for export by the customer according to our agreement with our customer. After termination, we may, unless legally prohibited, delete all customer information, including your Personal Information, from the Subscription Service.

To facilitate our global operations, we may transfer and access Personal Information from around the world, including the United States. This Privacy Policy shall apply even if we transfer Personal Information to other countries.

If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by Kong.ai on the Websites and the Subscription Service. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.

We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.

We do not use any data that you provide for developing, improving, or training AI and machine learning models. Your data is solely used to provide you with our services and enhance your user experience.

We explicitly affirm that Google Workspace APIs are not used to develop, improve, or train generalized or non-personalized AI and machine learning models. Our use of these APIs is strictly limited to providing personalized services that benefit you directly.

We do not transfer any data that you provide to third-party AI tools. Any interactions with third-party services are conducted without sharing your personal data, ensuring your privacy and data security.

Kong.ai and its partners use cookies or similar technologies to analyze trends, administer the website, track users' movements around the website, and to gather demographic information about our user base as a whole.

We use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Websites, or register for the Subscription Service, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the customized features.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Kong.ai Subscription Service or Websites you visit. Kong.ai keeps track of the Websites and the pages you visit within Kong.ai, in order to determine what portion of the Kong.ai Website or Subscription Service is the most popular or most used. This data is used to deliver customized content and promotions within the Kong.ai Website and Subscription Service to customers whose behavior indicates that they are interested in a particular subject area.

We may collect demographic information, such as your ZIP code, age, gender, preferences, interests and favorites using log files that are not associated with your name or other personal information. There is also information about your computer hardware and software that is automatically collected by us. This information can include: your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by Kong.ai for the operation of the Subscription Service, to maintain quality of the Subscription Service, and to provide general statistics regarding use of the Kong.ai Website. For these purposes, we do link this automatically-collected data to Personal Information such as name, email address, address, and phone number.

We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), which help us better manage the Website and Subscription Service by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We tie the information gathered by clear gifs in emails to our customers' Personal Information. If you would like to opt-out of these emails, please see "Opting Out and Unsubscribing".

Our customers can use the tools we provide, as well as tools provided by third parties, to collect Navigational Information when you visit their web pages on the Subscription Service. Kong.ai does not control our customers' use of these tools, nor do we control the information they collect or how they use it.

You can log in to our site using a Single Sign-on (SSO) service like your Google account. This service will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Such services may give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

The Adobe Flash Player (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your Web browser. This technology creates locally stored objects that are often referred to as "Flash cookies". Kong.ai does not use Flash cookies. However, our customers of our software platform may create pages on the Kong.ai platform that employ Adobe Flash cookies. Kong.ai does not have access or control over our customers' Flash cookies, but you may access your Flash management tools from Adobe's website directly here.

Similarly, our customers may create pages using the Kong.ai Subscription Service that use technology from tracking utility companies, such as cookies and web beacons. The use of these technologies by our customers is not covered by our Privacy Policy. We do not have control over third party cookies or trackers our customers use.

We partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other Web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here: http://preferences.truste.com/ (or if located in the European Union, by clicking here: http://www.youronlinechoices.eu/). Please note this does not opt you out of being served to advertise. You will continue to receive generic ads.

The use of cookies and web beacons by any tracking utility company is not covered by our Privacy Policy.

Upon request, Kong.ai will provide you with information about whether we hold any of your Personal Information. If you provide us with your Personal Information, you have the following rights with respect to that information:

Our Acceptable Use Policy applies to us and to our customers and, among other things, prohibits the use of the Subscription Service to send unsolicited commercial email in violation of applicable laws, and requires the inclusion in every email sent using the Subscription Service of an "opt-out" mechanism and other required information. We require all of our customers to agree to adhere to the Acceptable Use Policy at all times, and any violations of the Acceptable Use Policy by a customer can result in immediate suspension or termination of the Subscription Service.

You may unsubscribe from our marketing communications by clicking on the "unsubscribe" link located on the bottom of our emails, or by sending us an email at privacy@Kong.ai, or by sending us postal mail to Kong.ai, 25 First Street, 2nd Floor, Cambridge, MA 02141 USA, Attention: Privacy. Customers cannot opt out of receiving transactional emails related to their account with us or the Subscription Service.

Our customers are solely responsible for their marketing emails and other communications; we cannot unsubscribe you from their communications. You can unsubscribe from our customers' marketing communications by clicking on the "unsubscribe" link located on the bottom of their emails, or by contacting them directly.

All services are final and non-refundable. For any issues with your purchase, please feel free to contact our customer service and we will be happy to help.