Effective: March 1, 2024
A separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of data such as check-in text, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls its instance of the Services (its “Workspace”) and any associated Customer Data. If you have any questions about specific Workspace settings and privacy practices, please contact the Customer whose Workspace you use. If you have an account, you can check https://app.kutano.com/ for the contact information of your Workspace owner(s) and administrator(s). If you have received an invitation to join a Workspace but have not yet created an account, you should request assistance from the Customer that sent the invitation.
Kutano will collect and receive information through operating the Services and Websites, and through other interactions with Kutano. Such information will include Customer Data and other information and data (“Other Information”) in a variety of ways:
Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Workspace setup details, is not provided, we may be unable to provide the Services.
Customer Data will be used by Kutano in accordance with a Customer’s instructions, including to provide the Services, any applicable terms in the Customer Agreement, a Customer’s use of Services functionality, and as required by applicable law. Kutano is a processor of Customer Data and the Customer is the controller. Customer may, for example, use the Services to grant and remove access to a Workspace, assign roles and configure settings, access, modify, share, and remove Customer Data, and otherwise apply its policies to the Services.
Kutano uses Other Information to operate our Services, Websites, and business. More specifically, Kutano uses Other Information for the following purposes:
Compliance With A Legal Obligation:
Kutano processes Other Information when we comply with a legal obligation including, for example, to access, preserve or disclose certain information if there is a valid legal request from a regulator, law enforcement or others. For example, a search warrant or production order from law enforcement to provide information in relation to an investigation, such as your profile picture or IP address.
We use Workspace and account information, Usage information, Cookie information, Third-Party Services Information, Contact information, Third-Party data, Audio and video metadata, and Additional information provided to Kutano for compliance with a legal obligation.
We rely on our legitimate interests or the legitimate interests of a third-party where they are not outweighed by your interests or fundamental rights and freedoms ("legitimate interests").
We use Workspace and account information, Usage information, Cookie information, Third-Party Services Information, Contact information, Third-Party data, and Additional information provided to Kutano for the following legitimate interests:
To provide, update, maintain and protect our Services, Websites and business.
This includes the use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities, or at an Authorized User’s request.
To investigate and help prevent security issues and abuse.
We may use a variety of tools such as device fingerprinting to prevent issues and abuse. We may process, including in an automated fashion, Other Information to better understand how Kutano is used or to prevent spam or abuse.
To aggregate or de-identify information.
In some cases, we aggregate or de-identify information we have associated with you and use the resulting information, for example, to improve the Services.
It is in the interests of Customers and Authorized Users to practice data minimisation and privacy by design in respect of their information.
Share information with others including law enforcement and to respond to legal requests.
Transfer, store or process your information outside the European Economic Area.
As the Websites and Services operate globally, with Customers around the world, we need to share information we collect globally. We carry out necessary transfers outside the European Economic Area, including to the United States, to provide, update, maintain and protect our Services, Websites and business.
For more information, review the “International Data Transfers” section below.
We use Workspace and account information, Third-Party Services Information, Third-Party data, and Additional information provided to Kutano for the following legitimate interests:
To communicate with you by responding to your requests, comments and questions.
If you contact us, we may use your Other Information to respond.
To send service emails and other communications.
For example, we may:
We use Workspace and account information and Usage information for the following legitimate interests:
We use Workspace and account information, Usage Information, Cookie information, Third-Party Services Information, Third-Party data, and Additional information provided to Kutano for the following legitimate interests:
This section describes how Kutano may share and disclose Information, as described in the section entitled 'Information We Collect and Receive' above. Customers determine their own policies and practices for the sharing and disclosure of Information to third parties. Kutano does not control how a Customer or any third party chooses to share or disclose Information.
The Customer’s Instructions. Kutano may share and disclose Information in accordance with a Customer’s instructions and with appropriate consent, including any applicable terms in the Customer Agreement and the Customer’s use of Services functionality and in compliance with applicable law and legal process. Some sharing at a Customer’s request may incur additional fees.
Displaying the Services. When an Authorized User submits Information, it may be displayed or discoverable to other Authorized Users in the same Workspaces. For example, an Authorized User’s email address may be displayed with their Workspace profile, or other profile and organizational information may be displayed to Authorized Users. Please consult the Help Center for more information on Services functionality.
Customer access. Owners, administrators, Authorized Users, and other Customer representatives and personnel may be able to access, modify, or restrict access to Information. This may include, for example, your employer using features of the Services to access or modify your profile details.
Third-Party service providers and partners. We may engage third-party companies or individuals as service providers or business partners to process Information and support our business. These third parties may, for example, provide virtual computing and storage services, assist Kutano with verifying Owners and Customers, or we may share business information to develop strategic partnerships with Third-Party service providers to support our common customers. In this respect, depending on the Third-Party service provided, Kutano may share your Information. Additional information about the subprocessors we use to support delivery of our Services is set forth at Kutano Subprocessors.
Forums. The Information you choose to provide in a community forum including personal data will be publicly available.
Professional advisers. We may share your Information with professional advisers acting as service providers, processors, controllers, or joint controllers - including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services, and to the extent we are legally obliged to share or have a legitimate interest in sharing your Information containing personal data.
During a Change to Kutano’s Business. If Kutano engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Kutano’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all of the Information described in the ‘Information We Collect and Receive’ section may be shared or transferred, subject to standard confidentiality arrangements.
Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Information for any purpose. For example, we may share aggregated or de-identified Information with prospects or partners for business or research.
Law Enforcement and Regulators. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of Kutano, its users, or third parties, including enforcing its contracts or policies, or in connection with investigating and preventing illegal activity, fraud, or security issues, including to prevent death or imminent bodily harm.
Kutano will retain Customer Data in accordance with a Customer’s instructions (including to perform any applicable terms in the Customer Agreement and through Customer’s use of Services functionality) and as required by applicable law. Customer may customize its retention settings and, depending on the Services plan, apply those customized settings at the Workspace level. The Customer may also apply different settings to check-in text, files or other types of Customer Data. The deletion of Customer Data and other use of the Services by the Customer may result in the deletion and/or de-identification of certain associated Other Information. For more detail, please review the Help Center or contact the Customer.
Kutano takes security of data very seriously. Kutano works hard to protect Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Information we collect, process and store, and the current state of technology. To learn more about current practices and policies regarding security and confidentiality of the Services, please visit our Security Practices. Given the nature of communications and information processing technology, Kutano cannot guarantee that Information during transmission through the Internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others. When you click a link to a third-party site, you will be leaving our site and we don’t control or endorse what is on third-party sites.
Kutano does not allow use of our Services and Websites by anyone younger than 16 years old, to the extent prohibited by applicable law. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.
Kutano may transfer your Personal Data to countries other than the one in which you live, including transfers to the United States. To the extent that Personal Data is transferred abroad, Kutano will ensure compliance with the requirements of the applicable laws in the respective jurisdiction in line with Kutano’s obligations.
In particular, we offer the following safeguards if Kutano transfers Personal Data from jurisdictions with differing data protection laws:
To communicate with our Data Protection Officer, please email firstname.lastname@example.org.
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Kutano, a U.S. company based in Palo Alto, California is the controller of Other Information and a processor of Customer Data.
Individuals in the European Economic Area, the United Kingdom, Brazil, and across the globe have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to your personal information, as well as to seek to update, delete, or correct this information. You can do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact the Customer who controls your workspace for additional access and assistance.
To the extent that Kutano’s processing of your Personal Data is subject to the General Data Protection Regulation or other applicable laws requiring a legal basis for processing Personal Data, such as the UK Data Protection Act and the Brazilian General Data Protection Act (Lei Geral de Proteção de Dados), Kutano primarily relies on its legitimate interests, described above, to process your Personal Data. Where we rely on legitimate interests to process your Personal Data, you can object to that processing by contacting us as described in the “Contacting Kutano” section below. In response to your objection, we will stop processing your information for the relevant purposes unless we have compelling grounds in the circumstances or the processing is necessary in the context of legal claims. Kutano may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Kutano’s use of your Personal Data for this purpose at any time.
Subject to applicable law, you also have the right to (i) restrict Kutano’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority. If you work or reside in a country that is a member of the European Union or that is in the EEA, you may find the contact details for your appropriate data protection authority on the following website. If you are a resident of the United Kingdom you may contact the UK supervisory authority, the Information Commissioner’s Office.
Palo Alto, CA 94301