Privacy Policy

Effective: March 1, 2024

This Privacy Policy describes how Kutano collects, uses, and discloses information associated with an identified or identifiable individual (referred to in this Privacy Policy as “Personal Data”) and what choices you have around this activity. If you have any questions, please don’t hesitate to contact us.

Table of Contents

Applicability of This Privacy Policy

This Privacy Policy applies to Kutano’s online workplace productivity tools and platform (collectively, the “Services”), Kutano.com and other Kutano websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with Kutano. If you do not agree with this Privacy Policy, then do not access or use the Services, Websites or any other aspect of Kutano’s business. For the avoidance of doubt, this is the only privacy policy that applies to Kutano.

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.

Information We Collect And Receive

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.

How We Process Your Information and our Legal Bases for Doing So

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.

Legitimate Interests:
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:

We use Workspace and account information, Third-Party Services Information, Third-Party data, and Additional information provided to Kutano for the following legitimate interests:

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:

How We Share and Disclose Information

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.

Data Retention

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 may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy (such as to provide the Services, including any optional features you use, and to provide customer support). This may include keeping your Other Information after you have deactivated your account for the period of time needed for Kutano to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.

Security

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.

Age Limitations

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.

Changes To This Privacy Policy

Kutano may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our services or business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Kutano will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact the Customer if you wish to request the removal of Personal Data under their control.

International Data Transfers

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:

Data Protection Officer

To communicate with our Data Protection Officer, please email dpo@kutano.com.

Identifying The Data Controller And Processor

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.

Your Rights

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.

Data Protection Authority

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.

Contacting Kutano

Please also feel free to contact Kutano if you have any questions about this Privacy Policy or Kutano’s practices, or if you are seeking to exercise any of your statutory rights. Kutano will respond within a reasonable timeframe. You may contact us at privacy@kutano.com or at our mailing address below:

Kutano
Palo Alto, CA 94301
United States