KloudGin Privacy Policy
How we collect, use, and share your personal information across kloudgin.com and the KloudGin Service.
We at KloudGin, Inc. ("KloudGin", "we", "us" or "our") describe here what types of personally identifiable information we collect, how we use it, who we share it with, and how you can exercise your privacy rights. By using or accessing the Service in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you consent that we will collect, use, and share your information as set forth below.
1. The Personal Information We Collect
Information You Provide to Us Voluntarily
We receive and store any information you knowingly provide to us. For example, when you sign up for a Service account we may collect Personal Information such as your name, email address, phone number, physical address, credit/payment card ("Card") numbers and expiration dates, Card security codes, your birthday, personal preferences, etc. Certain information may be required to register with us or to take advantage of some of our features. If you do not provide us with such information, your access to or use of the Service may be limited.
Your Location
We provide a mobile app and a browser-based web application that involves location-based services. To provide such location-based services through the mobile application, we use tracking technologies to collect, use, and share precise location data, including the real-time geographic location of your mobile device, which is used for optimized routing, scheduling and communications. You can control your location information either from your KloudGin account settings or from your mobile device settings.
Other Information Collected from Your Use of the Service
Whenever you interact with our Service, we may automatically collect certain information from your device through cookies and similar technologies, including pixels, web beacons, tags, and other tracking technologies. This information may include your IP address, device identifiers, browser type, operating system, cookie identifiers, pages or features accessed, referring and exit pages, browsing activity, session information, and other information regarding your interactions with our Service. We use these technologies to operate and improve our Service, analyze website usage, enhance functionality, measure the effectiveness of our marketing efforts, maintain security, and personalize your experience where permitted by applicable law.
Subject to your consent where required by applicable law, we and our third-party service providers may use analytics, advertising, marketing, and social media technologies to collect and process this information. You may change your browser settings to refuse or limit cookies; however, doing so may affect the availability or functionality of certain features of the Service.
If you access third-party websites or services through links available on our Service, those third parties may also use cookies or similar technologies. We are not responsible for the privacy practices or policies of such third parties.
Where possible, we use aggregated or de-identified information to analyze trends, understand how our Service is used, and improve the user experience without identifying individual users.
Information Collected From Other Websites and Do Not Track Policy
Through cookies, pixel tags, web beacons, and other tracking technologies placed on your browser or device, we and our trusted third-party service providers may collect information about your interactions with our website and, where permitted, your online activity after you leave our Services. This information may include browsing behavior, pages visited, interactions with our website, device and browser information, and other usage data. We use this information to operate our website, improve and personalize the Services, measure website performance, conduct analytics, and, with your consent where required, support advertising and marketing activities, as described in this Privacy Policy. Information collected through these technologies may also be shared with third-party analytics and advertising providers for these purposes.
Your browser may offer a "Do Not Track" (DNT) setting that allows you to signal your preference regarding online tracking. At this time, our Services do not respond to Do Not Track signals because there is no universally accepted standard for recognizing or honoring such requests. However, users may manage their cookie preferences at any time through our Cookie Preferences Center or by adjusting their browser settings, subject to applicable law.
4. How We Use Personal Information
KloudGin uses your Personal Information to pursue legitimate business interests and to fulfill its contractual obligations, including, as follows:
- To operate and maintain the Service (such as, for the purposes of fixing malfunctions, testing our security systems, etc.).
- To provide you with the features, functions and benefits of the Service.
- To enhance, improve and further develop the Service (such as, creating new features or functions, refining the user experience, increasing Service technical performance, etc.).
- We will use your contact information to provide you with notices related to your use of the Service.
- We may use your contact information (such as, your email address) to provide you with promotional and marketing emails. You can opt out of receiving certain types of promotional and marketing emails, but in such case you may not receive the full benefit of the Service.
- To help personalize the Service experience for you (such as, remembering your information so you will not have to enter it each time you use the Service).
- To analyze and understand how visitors interact with our website and Services using cookies, pixel tags, web beacons, and other tracking technologies, in order to improve website functionality, performance, security, and user experience.
- Subject to your consent where required by applicable law, to use cookies and similar technologies for analytics, advertising, marketing, personalization, and measuring the effectiveness of our website, communications, and marketing campaigns.
- To share information collected through cookies and similar tracking technologies with trusted third-party service providers that perform analytics, advertising, marketing, hosting, and other business functions on our behalf, as described in this Privacy Policy and where permitted by applicable law.
- And for the other purposes referenced in the Who KloudGin Shares Your Personal Information With section below (such as, for the purposes of legal compliance).
6. What You Can Do to Your Personal Information
Editing your profile
If you are a registered user of the Service, we provide you with tools to access or modify your Personal Information and other profile information. These tools are accessible from Settings when logged in to your Service account.
Deleting your account
You can delete your account by contacting the system administrator. Subject to the limitations on deletion described below, when you request us to delete your account for the Service, your account will be disabled. We will also disconnect our systems from your Card account(s). In addition, you may contact your organization administrator(s) to request removals from the organization you are listed as being part of. If you do this, you will be removed from the organization and your non-public information will become unavailable to the organization (but any information stored or exchanged prior to the removal may remain accessible to the organization).
Retention
We retain your Personal Information for as long as we need it for the purposes for which it was collected and where we have an ongoing legitimate business need to do so, taking into account the amount, nature and sensitivity of the data, and the potential risk of harm from unauthorized use or disclosure. Where we have no ongoing legitimate business need to process your Personal Information, we will either delete it or anonymize it, or, where this is not possible (for example, because it has been stored in backup archives), we will securely store such Personal Information and isolate it from any further processing until deletion is possible. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.
7. Laws and Regulations
We may also retain your Personal Information to the extent required to comply with (or we deem it reasonable in light of) any laws or regulations.
8. The Location of Your Personal Information
While your Personal Information is in our possession, it will be primarily stored at hosting facilities located in the USA. These facilities are either operated by KloudGin or our third-party providers. By using the Service you are consenting to have your Personal Information stored, transferred and processed in the USA. If we transfer your Personal Information from the European Union or Switzerland to other countries not deemed adequate under applicable data protection laws, we ensure that the recipient of your Personal Information offers an adequate level of protection, for instance by entering into appropriate back-to-back agreements and, if required, standard contractual clauses for the transfer of data as approved by the European Commission.
9. The Security of Your Personal Information
KloudGin takes data security very seriously. We have implemented certain technical, physical and administrative safeguards to protect your Personal Information and to limit the risk that it will be accessed without authorization. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology. Given the nature of information processing technology, however, we cannot guarantee that any information, during transmission through the internet, or while stored on our System, will be absolutely secure from intrusion by others.
If we learn of a security systems breach, then we may attempt to notify you via email, phone, physical mail, or by a posting on your Service account page — so that you can take appropriate protective steps. Pursuant to our Terms of Service you have consented to receive such notice by electronic means (provided that such consent is void where prohibited by applicable law). To receive a free written notice of a security breach, or if you have any questions about the security of the Service, please contact us.
In addition to the security measures referenced above, your Service account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
10. Your Data Protection Rights
Individuals located in some jurisdictions, including the European Economic Area, have certain statutory rights in relation to their Personal Information, including, subject to any exemptions provided by law, the right to request access to Personal Information; the right to request that we transfer your Personal Information to another controller; the right to restrict or object to our processing of Personal Information; as well as the right to seek to update, delete, and/or correct such information. Similarly, if we have collected and processed your Personal Information with your consent, you can withdraw your consent at any time. Where applicable, you may also lodge a complaint with your local data protection authority. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
11. Identifying the Controller and Processor
Data protection laws in certain jurisdictions distinguish between the "controller" and "processor" of Personal Information. In many instances, our customers are the controller of Personal Information and we are the processor of such information; we process Personal Information on behalf of our customers (and their affiliates), who are the responsible controller of the Personal Information concerned. We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those set forth in this Privacy Policy. If your data has been submitted to us by or on behalf of one of our customers and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer's data upon instruction from that customer, if you wish to make your request directly to us, please provide us with the name of the customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.
12. Changes to this Privacy Policy
This Privacy Policy was last changed on the date set forth at the top of the policy. We're constantly trying to improve the Service, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on www.kloudgin.com, by sending you an email, and/or by some other means. In addition, we will also edit the date at the top of this policy to reflect the date of the changes. Please note that if you have opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Service, and you are still responsible for reading and understanding them. If you use the Service after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.
13. Information from Children
We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.
14. Contacting Us
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@kloudgin.com or write to us at the address below, Attention: Privacy.
440 N Wolfe Rd, Sunnyvale, CA 94085
15. California Residents
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request. In addition, under the California Consumer Privacy Act, California residents may request information regarding the collection of their Personal Information by us and any disclosure of that information to third parties.
This Privacy Notice for California Residents supplements the information contained in KloudGin's general privacy notice above and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA), and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, KloudGin has collected the following categories of personal information from its consumers within the last twelve (12) months:
Personal information does not include
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA's scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
KloudGin obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Website.
- Resume upload on the careers section.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information and for permitted business purposes. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of KloudGin's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by KloudGin about our Website users is among the assets transferred.
- We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that KloudGin disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that KloudGin delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Changes to Our Privacy Notice
KloudGin reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have questions or comments about this notice, the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under California law, contact us: