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Privacy Policy | Kong Inc.
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# Privacy Policy

Last Updated: November 8, 2022

1. Purpose and Scope of this Privacy Policy

Kong Inc. (“Kong” “we”, “us” or “our”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, processing and disclosure of information about you, and what rights you have while we hold that information. 

This Privacy Policy describes our practices regarding personal data we collect from users of our publicly available websites, including sites located on konghq.com as well as any other pages that link to this Privacy Policy (the “Sites”), and in connection with our products and services (“Services”). We use the terms “personal data” and “personal information” interchangeably to mean information that identifies or reasonably identifies an individual. 

This Privacy Policy does not cover any data submitted through or otherwise made available to the Kong-hosted services located at https://cloud.konghq.com/, telemetry data, and platform support services, which are subject to the Kong Konnect Customer Agreement (or, with respect to the free proprietary version of our software, the Kong Software License Agreement) or other written agreements in place between Kong and our customers.

If you reside in California, please also see our California-Specific Disclosures at Section 9 below. If you are located in the European Economic Area (EEA) or United Kingdom (UK), please also see our EEA- and UK-Specific Disclosures at Section 10 below.

2. Information Collection

2.1 Information You Provide to Us

In the course of using our Sites and Services you may provide us with certain information about you, such as when you participate in any interactive features of the Sites, fill out a form, subscribe to an email list or newsletter, request customer support, request a whitepaper, or otherwise communicate with us. The types of information that we may collect include your name, job title, company name, phone number, email address, physical address, and other information relating to your proposed use of our products and services or our events and training. We may also collect information you supply to us concerning your preferences and interests expressed in the course of use of our Sites and Services. 

2.2 Automatically Collected Information

When you access or use our Sites and Services, we automatically collect information about you, including:

  • - Log Information:  We collect log information about your use of the Sites and Services, including the type of browser you use, access times, pages viewed, browser type, your IP address, and the page you visited before navigating to our Services. 
  • - Device Information:  We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • - Information Collected by Cookies and Other Tracking Technologies:  Like most online services, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device.  Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Sites are popular and count visits. Web beacons are electronic images that may be used on our Sites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness.  For more information about cookies and how to disable them, please see our Cookie Policy.

2.3 Information We Collect from Other Sources

We obtain information from other sources and combine that with information we collect through our Sites and Services. For example, we may collect information about you from third parties, including but not limited to data enrichment service providers and publicly available sources such as social media pages. In addition, we may receive demographic and business industry information about you from third parties to help us better understand our users and to improve and market our Services.

3. Use of Information

We use information we collect about you to provide, maintain, and improve our Sites and Services, such as to administer your use of our Sites and Services and to enable you to enjoy and easily navigate the Sites.

We also use the information we collect to:

  • - Send you technical notices, updates, security alerts and support and administrative messages and to respond to your comments, questions and customer service requests.
  • - Communicate with you about products, services, offers, and events offered by us and others, and provide newsletters, marketing or promotional materials, and information we think will be of interest to you.
  • - Enter into a sale or service contract with you or your business;
  • - Assess and seek to address any comments, questions or requests you may have.
  • - Understand more about the types of persons who visit our Sites and use our Services, and make marketing-related decisions.
  • - Monitor and analyze trends, usage and activities in connection with our Services.
  • - Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Kong and others.
  • - Where we otherwise have a legitimate interest or lawful business purpose.
  • - Where required by applicable law, legal process, or government regulation.
  • - Where you have given consent.
  • - Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests. 
  • - Carry out any other purpose described to you at the time the information was collected.

4. Information Sharing

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • - With vendors, business partners, consultants and other service providers who need access to such information to carry out work on our behalf including, among other things, to facilitate operation, access and use of our Sites and Services, provide the Sites and Services on our behalf, perform Site-related services (including, but not limited to, data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Sites’ features) or assist us in analyzing how our Sites and Services are used.
  • - In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
  • - With our service providers, consultants or law enforcement authorities if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Kong or others.
  • - With a prospective or actual purchaser in connection with, or during negotiations of, any merger, sale of our assets, financing or acquisition of all or a portion of our business by another company;
  • - Between and among Kong and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership, such as Kong Global Inc., Kong International (UK) Limited and Kong (Australia) Pty Ltd., all of which will be required to use your personal information as described in this Privacy Policy. 
  • - With your consent or at your direction.

5. Links to Third-Party Websites and Services

We may provide social sharing features and other integrated tools (such as the Facebook “Like” button which let you share actions you take on our Sites with other media, and vice versa) on our Sites or links to other websites that are not owned or controlled by Kong Often, such links to other websites are provided solely as pointers to information on topics that may be useful to the users of our Sites or Services. Your use of such features may enable the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. Please be aware that we are not responsible for the privacy practices of any third parties offering any social sharing features on our Sites or operating any websites linked from our Sites that are owned or controlled by a party other than Kong. Your use of any social sharing features available on our Sites and browsing and interactions on websites operated by third parties, including those which have a link on our Sites or Services, are subject to separate rules and policies. We encourage you to carefully review the privacy practices, rules and policies of all third parties offering such social sharing features and all websites to which you navigate from the Sites or Services.

6. Advertising and Analytics Services Provided by Others

We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in applications.  These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information.  This information may be used by Kong and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity.

Kong does not respond to do-not-track signals because we are not aware of a signal that demonstrates the consumer’s intention to not be tracked versus a preset browser setting. Should a uniform standard be adopted, we will be open to considering how best to implement it. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices or, for EU users, http://www.youronlinechoices.eu/.

7. Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it, as listed in this Privacy Policy, and to comply with applicable legal requirements regarding the retention of data and records.

8. International Data Transfers

Kong is based in the United States of America and also processes and stores information in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.  We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests, including through the use of standard contractual clauses approved by the authorities in your jurisdiction. 

9. Your Choices

9.1 Right of Review, Modification, Deletion of Your Information

Depending on what jurisdiction you are located in, you may have certain rights in relation to your personal data.  These rights may include asking us to provide information (including categories of sources), access, export, modification, deletion, or to restrict processing of certain of your personal data. If you would like to exercise any of these rights, you may contact us at privacyrequests@konghq.com or by submitting a request using [this form](https://preferences.konghq.com/privacy)this form.

We may take certain steps to verify requests submitted using information available to us, including your email address and any information associated with your account. Where allowed, we may ask you to provide your government identification to verify your account. Personal data you provide to us for verification will only be used to verify and maintain records regarding your request.

We will endeavor to promptly respond to your request and in any case within the timelines prescribed by law. If you request deletion of your personal data, please note that we may continue to retain certain of your personal data in archived/backup copies for our records or as otherwise required or allowed by law. If we deny your request, we will explain why. 

9.2 Withdrawing Consent

Where you have consented to our processing of your personal data, you may withdraw that consent at any time by contacting us at privacyrequests@konghq.com with the subject “Withdraw Consent” or by submitting a request using [this form](https://preferences.konghq.com/privacy)this form. Please note that if you decide not to provide us with your personal data, you may not be able to access the Services or certain features of the Sites.

9.3 Cookies

Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject browser cookies.  Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. Please see our Cookie Policy for more information.

Do Not Sell My Personal Information

9.4 Promotional Communications

You may opt-out of receiving promotional emails from us by following the instructions at the bottom of those emails or by contacting us with your request at privacyrequests@konghq.com by submitting a request using [this form](https://preferences.konghq.com/dont_sell)this form.  If you opt-out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

10. California-Specific Disclosures

The California Consumer Privacy Act of 2018 (CCPA) requires us to provide additional and different information to California residents. The statements in this Section are addressed to California residents only.

10.1 Personal Information Processing Activities over the Past 12 Months

This Privacy Policy sets out the categories of personal information we have collected about California residents in the past 12 months, the business or commercial purposes for which we collected the information, the categories of third parties to whom we disclosed the personal information, and the sources of the personal information. The types of personal information we have collected from California residents over the past 12 months correspond with the following categories of personal information under the CCPA definition of “personal information”:

  • - Name, email address, postal address, account name.
  • - Information that identifies, relates to, describes or is capable of being associated with a particular individual, including signature, financial information, credit card number, debit card number, telephone number.
  • - Commercial information, including records of services purchased, obtained or considered.
  • - Internet or other electronic network activity information, including information regarding individuals’ interaction with an Internet website, application, or advertisement.
  • - Electronic information.

This Privacy Policy does not reflect our processing of California residents’ personal information where an exception under California law applies. 

10.2 Your Rights

Subject to applicable law, you have the right to request that we: (i) disclose what personal information we collect, use, disclose and sell about you specifically (including copies of such personal information); and (ii) delete personal information that we collected from you. Please see Section 9 above if you would like to exercise these rights.

You have the right to opt-out of the sale of your personal information by a business. Kong does not ‘sell’ personal information of California residents and we will not do so without offering you the right to opt out of any ‘sale’. Kong does not have actual knowledge that it sells the personal information of California residents under 16 years of age.

You can designate an authorized agent to make a request under the CCPA on your behalf in certain circumstances. If you use an authorized agent for this purpose, we may ask you to verify your identity or that you provided the authorized agent signed permission to submit a request under the CCPA on your behalf. If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA. You may not be discriminated against because you exercise any of your rights under the CCPA.

11. EEA- and UK-Specific Disclosures

The General Data Protection Regulation (GDPR) requires us to provide additional and different information to individuals in the EEA and UK. The following statements are addressed to individuals located in the EEA and UK only. 

11.1 Legal Basis for Processing

  • - We need to use your personal data to perform our responsibilities under our contract with you such as to process payments for and provide the Services you have requested.
  • - We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to our Services, and to provide, secure, and improve our Sites and Services.
  • - We may need to process your personal data to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process.
  • - In cases where we ask for your consent to process your personal data and you provide your consent, we process your personal data according to your consent.

11.2 Your Rights

Subject to applicable law, you have the right to:

  • - ask whether we process your personal data and request copies of such personal data and information about how it is processed;
  • - request that inaccurate personal data be corrected;
  • - request deletion of personal data that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements;
  • - request that we restrict the processing of your personal data where the processing is inappropriate;
  • - object to our processing of your personal data; and
  • - request portability of personal data that you have provided to us.

Please see Section 9 above if you would like to exercise any of these rights.

11.3 Questions or Complaints

If you are located in the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. If you are located in the UK, you have the right to lodge a complaint with the Information Commissioner’s Office ([see here](https://ico.org.uk/make-a-complaint/)see here). 

12. Children 

Our Sites and Services are not meant for children under age 13. 

We do not knowingly request or collect personal information from anyone under the age of 13 without requiring parental consent. If a parent or guardian becomes aware that their child has provided us with information without their consent, they should contact us at [privacyrequests@konghq.com](mailto:privacyrequests@konghq.com)privacyrequests@konghq.com or by submitting a request using [this form​](https://preferences.konghq.com/privacy)this form​. We will delete such information within a reasonable period of time.

13. Changes to this Privacy Policy

We may change this Privacy Policy from time to time.  If we make changes, we will notify you by revising the date at the top of the Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification).  We encourage you to review the Privacy Policy whenever you access the Sites and Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

14. Questions or Concerns?

If you have any questions about this Privacy Policy or concerns about our data processing activities, please contact us at [privacyrequests@konghq.com](mailto:privacyrequestslegal-privacy@konghq.com)privacyrequests@konghq.com, by submitting a request using [this form](https://preferences.konghq.com/privacy)this form.

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