KickoffLabs Privacy Policy.

Last Updated: October 23, 2018.

Your privacy and the privacy of your customers are critically important to us. At KickoffLabs LLC (“KickoffLabs”, “we”, “us”, or “our”), we have a few fundamental principles:

  1. We don’t and won’t ask you for personally identifying information unless we truly need it. We ask that you do the same with any site(s) you create using our Services (“Your Sites”). To make this Privacy Policy easier to read, www.kickofflabs.com, and our products and services and are collectively called the “Services” throughout this policy.
  2. We don’t share your personally identifying information, or data you collect through your Sites, with anyone, except as needed, to provide product support, to comply with the law, or to protect our rights.
  3. We don’t store personal or customer information from Your Sites on Our servers unless required for the on-going operation of our Services. We may store customer information in an anonymized, aggregated manner, for analytics, product development and for the improvement of existing Services.
  4. You are in control of the information you share through Your Sites and the customer data you collect is your responsibility. As part of the Terms of Service, available at www.kickofflabs.com/terms, we require that you respect other Users’ and your customers’ rights to privacy in the same manner you’d require your data to be respected.

This Service does not require you to enter any information to view the website or the products and services, however, in order to utilize the Services, Personal Information may be required to deliver the services to you. This information shall be governed by the policy.

This Privacy Policy does not apply to the privacy practices of third parties whose links may appear on or through the Services. We are not responsible for the content or privacy practices of third parties or other Users. We recommend that you exercise caution before you voluntarily disclose personally identifiable information to other users, on publicly accessible or displayable parts of the Service, or through third-party links on third-party websites or platforms.

If you have questions about deleting or correcting your personal data, please contact our Support team at support@kickofflabs.com

Collection and Use of Information

Registration Information.

In order to utilize the our services, run online contests, and build your online audience you will need to set up an account with us. We require certain identifying information that will be linked to your account including your email address.

The email address is used for communication of account related activities and, if you are opted in, marketing communication about advancements to our services.

If you are sending email through our service to your own email list we require that you add a valid postal address in order to comply with anti-spam regulation that requires a postal address be sent with outgoing email communications. 

We encourage you to exercise caution before voluntarily disclosing other types of personally identifying information about yourself and prohibit you from disclosing any personally identifying information about another person, whether another account holder or not. Personally identifying information generally includes, but is not limited to, a person’s name, address, phone number, titles and any other information that is able to identify an individual.

Email Addresses. 

We do not and will not send spam, sell or rent your email address or any social media login account information to third parties. We do not disclose, sell, share, trade or give away a User’s personal information to third parties, except as needed for completing payment and billing transactions through the services of payment processing vendors, if applicable. We do not email your customers directly, for any reason. Please note that given the nature of our services, emails may be generated on your behalf through our service and may bear the Kickofflabs branding. You are still responsible for the content of those emails complying with our policies and each of our respective privacy policies. 

Logging Statistics

Like most website operators, our servers automatically collect certain types of non-personally-identifying, technical information, such as the browser type, language preference, referring site, and the date and time of each visitor request.

  • What website you came from to get here
  • How long you stay for
  • What kind of device you’re using

We use this information to better understand how our visitors use our website, to maintain Services, and to diagnose issues with the service that may arise.

Data Aggregation 

In addition to the other uses described in this Policy, you agree that we may extract and use information from the information you disclose for the purposes of aggregating data in a non-identifiable method. This aggregated data may be used internally to improve services or without limitation, to develop, analyze, combine, or publish the aggregated data for commercial purposes.

Cookies

Your use of certain of the Services may result in the assignment and storage of session cookies by Google Analytics to recognize your access privileges and generally track user preferences. A cookie is a text file that is placed on the hard disk of your computer or mobile device by a server. Session cookies expire when you end your session and close your browser interface. Cookies cannot be used to run programs or deliver viruses to your computer or mobile device. Cookies are uniquely assigned to you and can only be read by a server in the domain that issued the cookie to you. Visitors who do not wish to have cookies placed on their computers or mobile devices should deny Cookies in the pop-up window. If Cookies are denied, certain features of our Services may not function properly.

How we Share your Information

KickoffLabs takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information.


KickoffLabs discloses potential personally identifying information only on an as needed (or required) basis as follows:

  1. To KickoffLabs employees that: (i) need to know that information in order to process it on our behalf or to provide the Services; and (ii) that have expressly agreed not to disclose it to others. Note; Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Services you consent to the transfer of such information to them.
  2. As required by law such to comply with a subpoena or similar legal process. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of a legal process.
  3. When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a written government request
  4. If KickoffLabs becomes involved in a merger, acquisition, or any form of sale of some or all of its assets. In the event of a merger, acquisition, or any form of sale of some or all of our assets, we will ensure that the acquiring organization agrees to protect personal information in accordance with the commitments we have made in this Privacy Notice, and that the acquiring organization will provide notice before personal information, customer information, or business information becomes subject to a different privacy notice.
  5. To any other third party with your prior consent to do so. We do not sell your personal information to third parties.

Accessing and Updating your Personal Information

To review, access or update your personal information to review its accuracy, or request deletion please contact us at support@kickofflabs.com

We will make commercially reasonable efforts to provide you with reasonable access to any of your personal or other account information we maintain within forty-five (45) days of your request. We provide this access so you can review it, make corrections, or request deletion of your information. If we cannot honor your request within the 45-day period, we will tell you when we will be able to provide access. In the unlikely event that we cannot provide you access to your information, we will explain why we cannot do so.

Please note that any changes you make will be reflected in our active user database within a reasonable time, however we may retain information you submit for backups, archiving, prevention of fraud, to satisfy legal obligations, or otherwise we reasonably believe there is a legitimate reason to do so.

We do not offer choices to limit the use of personal information beyond what’s outlined in this privacy policy. We strive to only collect information that is required for our service to properly function.

Communications

If you have an account with us for access and use of our Services, we may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with KickoffLabs and our Services. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum.

Third Party Services

KickoffLabs also uses third party services that provide servers, storage and hosting services, namely Amazon AWS and Heroku. KickoffLabs does not transfer to third party services your personally identifiable information, and removes non-anonymized data immediately upon anonymization, and stores anonymized data on such third party providers.

Feedback & Support

If you send us a request (via a support email or one of our feedback channels), We reserve the right to publish it (stripped of all personally identifying information, of course) in order to help us clarify or respond to your request or to help us support other Users.

We may provide technical support to service your account(s) with us. In order to do so, we may use certain personally identifying information, with your consent, to access your account for the purpose of troubleshooting, running tests, and/or otherwise providing support. In providing technical support to you, we may potentially see other personally identifying information viewable on your account pages. As with all other information, we promise to hold any information we encounter in the process of providing support to the highest possible security and protection standards.

Security & Data Storage

To prevent unauthorized access, safeguard data accuracy, and maintain the appropriate use of information, we have put in place appropriate physical, technical, and administrative procedures to protect the personal information data you submit. We make every effort to ensure the integrity and security of our network and systems. However, since the Internet is not 100% secure and as new technology evolves and emerges, we cannot guarantee that our security measures will prevent third-party interferences from illegally obtaining or tampering with your personal information.

We encourage you to help us by also taking precautions to protect your personal data when you use the Services. Change your account password often, using a combination of letters, numbers, and characters, and make sure you use a secure connection.

KickoffLabs will retain data (predominantly anonymized) for as long as needed for the purposes described above and/or as required by law. A user may request access to certain data about themselves by emailing support@kickofflabs.com.

Privacy of Minors

We do not promote or offer the Services for use by anyone under the age of 17 (“minors”). KickoffLabs does not knowingly solicit or collect personal information from minors, and we will not knowingly link to any third-party website or platform, or host any of Your Sites that solicit or collect personal information from minors. If you believe that a minor has disclosed personal information to us or that we have linked to such a third-party or User website or platform, please contact us at support@kickofflabs.com.

Additional information for International Users

If you are visiting this website and/or accessing the Services from outside the United States, please be aware that you are sending information (including Personal Information) to the United States where KickoffLabs servers are located. This information may be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how its stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence, however, our collection, stores and use of your Personal Information will at all times be governed by this Privacy Policy.

For EU Individuals: Your Rights under the General Data Protection Regulation

If you are a resident of an EU nation and use our Services from within the EU, you acknowledge that any information that we collect and store, for the limited purposes outlined above in this Privacy Policy, will be collected and stored outside of the EU. For avoidance of confusion, references to “personal information” in this policy are equivalent to what is commonly referred to as “personal data” in the EU.

Brazilian Users

The personal information collected, stored, used and/or processed by KickoffLabs, as described in this privacy policy, are collected, stored, used and/or processed in accordance with Brazilian Law No. 12,965/2014. By clicking “I Agree” or any other button indicating your acceptance of this privacy policy, you expressly consent to the collection, use, storage and processing of your personal information by KickoffLabs as described.

By clicking “I Accept”, you consent to the collection, use, disclosure, and processing of your personal information in the manner described in this Privacy Policy, including our procedures related to cookies and IP addresses. We store data about or from you in the US. You understand that the US does not have the same level of protection for personal information that exists in other countries. Your consent is voluntary, and you may revoke your consent by opting out at any time. If you choose to opt-out, we can no longer provide you with the Services. If you have enabled cookies on your web browser, you consent to our use of cookies as described in this Privacy Policy.

Business Transfers

If the ownership of KickoffLabs substantially changes, such that all of its assets were acquired, or merged into another entity, or in the unlikely event that KickoffLabs enters bankruptcy, you understand that any stored personally identifying, and non-personally identifying information and data will likely be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer or merging entity of KickoffLabs may continue to use your personal information as set forth in this policy.

Objections and Restrictions

At any time, you may object, on legitimate grounds, to the processing of Personal Data containing your information except as permitted by applicable law.

You may choose to restrict the collection or use of your personal information in the following ways:

  1. If you are asked to fill in a form on the website, look for the box that you can check to indicate you do not want your information to be used by the KickoffLabs or any third party for direct marketing purposes.
  2. If you have previously agreed to us using your information for direct marketing purposes, you may change your mind at any time by emailing us at support@kickofflabs.com.

 For EU and Swiss Individuals: Privacy Shield Notice for Personal Data Transfers to the United States

KickoffLabs complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. KickoffLabs  has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

The Federal Trade Commission has jurisdiction over KickoffLabs compliance with the Privacy Shield.

Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States.  Upon request, we will provide you with access to the personal information that we hold about you.  You may also may correct, amend, or delete the personal information we hold about you.  An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to support@kickofflabs.com.  If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.  To request to limit the use and disclosure of your personal information, please submit a written request to support@kickofflabs.com.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

KickoffLabs’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, KickoffLabs remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless KickoffLabs proves that it is not responsible for the event giving rise to the damage.

Independent Dispute Resolution Mechanism

In compliance with the Privacy Shield Principles, KickoffLabs commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact KickoffLabs  at:

support@kickofflabs.com

KickoffLabs has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers  for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Invoking Arbitration

An individual who decides to invoke this arbitration option must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with the organization and afford the organization an opportunity to resolve the issue within the timeframe set forth in Section III.11(d)(i) of the Principles; (2) make use of the independent recourse mechanism under the Principles, which is at no cost to the individual; and (3) raise the issue through their Data Protection Authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue within the timeframes set forth in the Letter from the International Trade Administration of the Department of Commerce, at no cost to the individual. This arbitration option may not be invoked if the individual’s same claimed violation of the Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.

In addition, this option may not be invoked if [an EU Data Protection Authority or the Commissioner] (1) has authority under Sections III.5 or III.9 of the Principles; or (2) has the authority to resolve the claimed violation directly with the organization. [A DPA’s/the Commissioner’s] authority to resolve the same claim against [an EU or a Swiss] data controller does not alone preclude invocation of this arbitration option against a different legal entity not bound by the [DPA/Commissioner’s] authority

KickoffLabs Sub-Processors

KickOffLabs uses a range of third party Sub-processors to assist it in providing the Services (as described in the Terms of Service).  These Sub-processors set out below provide cloud hosting and storage services; content delivery and review services; assist in providing customer support; as well as incident tracking, response, diagnosis and resolution services.

Privacy Policy Changes

We may change or modify this Privacy Policy from time to time, in our sole discretion. We encourage you to frequently check this page for any changes to our Privacy Policy.