Privacy policy
Last updated October 1st 2023
This is the Privacy Policy of Kountable Holdings, Inc. (“Kountable”, “our”, “us” or “we”). It explains how we collect and use information on Kountable.com and other websites we own or operate (collectively, the “Site”), our suite of software and professional services owned and operated by Kountable. or its affiliates and/or delivered by us, including the KLEAR platform (collectively, the “Software”), our other digital properties or services, and your communications with us by any means (collectively with the Site and Software, the “Services”). Please read this Privacy Policy carefully to understand our privacy practices.
This Privacy Policy is governed by and part Kountable’s Terms of Service (the “Terms of Service”). Your use of our Services is subject to this Privacy Policy and our Terms of Service, including its applicable limitations on damages and the provisions regarding resolution of disputes. Capitalized terms not defined in this Privacy Policy have the meanings given to them in the Terms of Service. Any additional notices we may provide you about our privacy practices will be considered to form part of this Privacy Policy.
Note that this Privacy Policy DOES NOT apply to any third-party websites, platforms, services or products made available through our Services. Please refer to the privacy policy provided by such third-parties to understand your rights when using such third-party websites, platforms, services or products.
Consent
By using or accessing our Services in any manner, you acknowledge and accept this Privacy Policy, and you consent to Kountable’s collection, use, and disclosure of your information as described below. If you do not agree with this Privacy Policy, do not use our Services.
Personal Information
As used in this Privacy Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information falls into various categories, such as identifiers, protected information, sensitive personal information (e.g., social security number, race, or union membership), biometrics, commercial history, employment-related data, nonpublic educational information, internet activity, or inferences drawn to create a consumer profile. Except otherwise required for KYC purposes in connection with establishing an account with Stripe Connect or other payment processors we work with (“PSP”), the use of sensitive personal data on KLEAR and as part of the Services is forbidden.
Personal Information does not include (i) publicly available information (ii) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (iii) deidentified information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer.
Collection and use of personal information
The types of Personal Information we collect and how it is used depends on how you interact with us, such as a Site visitor, a Kountable users using the Services or Representative of a user (each, a “User”) or as a User’s designated contact (“Contact”). Kountable only collects, uses, retains, and shares Personal Information as reasonably necessary and proportionate to provide the Services or for other purposes that we disclose to you and are compatible with the context of how we collected your Personal Information. We will update this Privacy Policy or otherwise notify you before we collect additional categories of Personal Information from consumers or use such Personal Information for purposes that are incompatible with the purpose stated at the time of collection.
Categories of Personal Information
We anticipate collecting these categories of Personal Information:
- Identifiers (e.g., name, address, phone number, email address, password, IP address)
- Commercial information (e.g., information in connection with the Trades transacted on KLEAR)
- Internet activity (e.g., interactions with the Site and Services).
Sources of Collection
We collect Personal Information from the following sources and use that information as described below:
- Directly from you when you create a User account.
- If you create an Account, we will collect your name, email address, company name, and require you to choose a password to login. We collect this information with your consent, and we use it to provide the Services, identify and administer your account, and communicate with you about the Services. You have the right to opt-out of communications from us, but you cannot opt out of communications that we send you regarding your account.
Directly from you when you contact us or Transact any Trade on KLEAR.
- If you contact us via the Site or by email, phone, or other means to request information or support, we will collect your name, contact information, and employment-related information as needed to respond to your inquiry. If you transact Trades on KLEAR, we will use a PCI-compliant PSP to collect and process your payment information. You may opt-in to save your payment information for future orders, but this is not required. We collect this information with your consent, and we use it to respond to your inquiries, communicate with you about your order status, or for the purposes stated at the time of collection.
From our Users about their Contacts.
- Kountable allows Users to promote their brands and services on KLEAR. Users may choose to input their Contacts’ Personal Information into the Services to transact Trades. Kountable collects Contacts’ Personal Information to fulfill our contractual obligations as a service provider to the User. A User’s processing of Contacts’ Personal Information via the Services is subject to the User’s privacy practices, not ours. Kountable is not responsible for any User’s compliance with applicable privacy laws, or a User’s obligations related to their Contacts’ privacy rights.
Automatically from you when you visit the Site or use our Software.
- When you visit our Site or use our Software, we automatically collect data about your internet activity such as your IP address, internet service provider description, information about the type of device used to access our Site, and browser information. Like most online services, the Site and KLEAR use cookies. We collect this information to achieve our legitimate interest of facilitating online communication or when it is strictly necessary to provide an online Service. We use this information to help diagnose problems with and secure our servers, to administer the proper functioning and legitimate use of our Site, generate analytics and statistics. With your prior consent, we also use that information to improve the nature and marketing of the Services. The User warrants that it will provide all necessary information to the relevant natural persons, and obtain all necessary consents from them, as required by applicable Data Protection Laws, in order to allow Kountable to lawfully deploy cookies and similar tracking technologies and to lawfully collect data from the devices of Contacts and Service Users. These tracers might include pixels and web beacons.
Children’s Privacy
Kountable does not knowingly collect Personal Information from children under 18. However, we cannot control the Personal Information our User’s collect. If a User chooses to input Personal Information of children under age 18 on the Services, that User does so under its own privacy practices, not ours. Kountable is not responsible for a User’s failure to comply with any law designed to protect children or any other law governing the User’s use of our Services. Please contact the User directly if you have questions about their privacy practices. As part of our commitment to your privacy, we encourage you to contact us at legal@kountable.com if you believe we might have collected any information online from a child under 18, or if you are aware of any unauthorized submission of information to us. Kountable reserves the right to delete any information from our systems if we discover it was improperly collected.
Retention of Personal Information
Personal Information about Contacts.
- The User is responsible for determining a data retention period of the Contact Personal Information and to operate the deletion when necessary. If the User does not take action, Kountable retains all categories of Personal Information we collect only as long as your Kountable account remains active or as necessary to provide you with the Services you request.
Commercial relationship personal information.
- We may also retain and use Personal Information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We regularly review and deidentify unnecessary Personal Information and other data and we periodically deidentify unused accounts.
Cookie Data.
- Any Personal Information that we may collect using cookies or other tracing technologies is retained on our system for 12 months. In some cases, we may be required to retain this Personal Information for longer or shorter periods to meet our regulatory obligations, in which case we will retain the data for the required period.
Other Uses
In addition to the specific uses described above, Kountable might also use your Personal Information to:
- Provide, maintain, and improve our Services and user experience.
- Send you support and administrative messages.
- Monitor your compliance with any of your agreements with us.
- Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of Company and others.
- Protect your privacy and enforce this Privacy Policy.
- If we believe it is necessary, to identify, contact, or bring legal action against persons who may be causing injury to you, to us, or to others.
- Comply with a law, regulation, legal process, or court order.
- Fulfill any other purpose to which you consent.
Disclosing personal information
Categories
Kountable anticipates disclosing all categories of Personal Information that we collected for business purposes.
Recipients
Kountable may disclose Personal Information to the recipients described below, or to other recipients with your permission or as required by law.
Service Providers:
- Kountable uses a variety of service providers such as data hosting companies, analytics services, and payment processors. The type of information that we share with a service provider will depend on the service that they provide to us. Our service providers are subject to contractual agreements that protect your Personal Information, and we require all service providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.
Microsoft Clarity:
- We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement (https://privacy.microsoft.com/privacystatement).
Government Agencies:
- Occasionally Kountable may be required by law enforcement or judicial authorities to provide Personal Information to governmental authorities. We fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities. Kountable reserves the right to disclose Personal Information to law enforcement and other governmental agencies, at our sole discretion in connection with an investigation of any matter that is illegal or that could expose Kountable or our affiliates to liability.
Cookie Information Recipients:
- In some cases, we may allow specific cooperating entities to use cookies or similar technologies to collect non-personal data from your browser or device for measurement purposes. Receipt and use of such information are subject to each cookie information recipient’s Privacy Policy.
Affiliates and Third Parties:
- We may disclose the Personal Information we collect about you to our affiliates like a parent company or subsidiaries. For example, we share Personal Information for User support purposes, marketing, or technical operations. Under specific circumstances, we may disclose Personal Information to certain third parties as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or asset sale); to comply with a legal requirement or a court order; when we believe it is appropriate to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
Aggregated and Deidentified Information
We reserve the right to disclose aggregated, anonymized, or deidentified information about any individuals with affiliated or nonaffiliated entities for marketing, advertising, research, or other purposes, without restriction. For example, we may share reports showing trends about the general use of our Services without identifying an individual.
Your privacy rights
Kountable believes you should have the ability to control the Personal Information we collect and hold about you on your own. You can use the methods described below to control how we collect and use your Personal Information.
User Accounts:
- Users can change or delete the Personal Information in their accounts at any time by signing into KLEAR and editing information or changing settings. Kountable may offer instructions to guide Users in making additional changes. A User can delete all of their Personal Information on Kountable by closing the account.
Contact Information:
- Users can change or delete their Contacts’ Personal Information at any time by signing into KLEAR and editing information or changing settings. Kountable may offer instructions to guide Users in making additional changes. If a Contact submits a Consumer Privacy Request directly to Kountable, we will relay the request to the applicable User for further processing.
Email Communications:
- If you are a User or Site visitor, we may send you marketing emails about the Services. Users may also receive informational or support emails from us. If you do not wish to receive these emails, you may change your preferences via the links provided in the emails or by sending a request to legal@kountable.com to be removed from our email list. Note that if you opt-out of marketing communications, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
Do Not Track:
- Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests. If this changes in the future, we will update this Privacy Policy.
Depending on where you reside, you may have additional privacy rights or be entitled to additional controls over your Personal Information. Please see our supplemental notices specific to residents of California.
Consumer Privacy Requests
If you wish to exercise your privacy rights beyond the methods available through KLEAR, or if you want to express concerns, lodge a complaint, or request information, please submit a verifiable Consumer Privacy Request using our online Consumer Privacy Request form or by sending an email to legal@kountable.com.
Note that if you are a User’s Contact, then we process your Personal Information as a service provider to the User and we cannot fulfill your request directly. In that case, we will relay your request to the appropriate User for further processing and fulfillment, provided that we have sufficient information to do so.
Kountable can only fulfill a Consumer Privacy Request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. 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.
We endeavor to respond to Consumer Privacy Requests in accordance with the requirements of the law applicable to your jurisdiction. Depending on the circumstances and the nature of your request, we may be unable to fulfill your request in part or in whole, for example, if your request falls within a statutory exception or if fulfilling your request would prevent us from complying with a statutory or contractual obligation.
California privacy rights
This section provides residents of the State of California (“California Consumers”) with the disclosures and notices required under the California Consumer Privacy Act of 2018 (“CCPA”). The following paragraphs apply solely to California Consumers and describe the specific rights afforded under the CCPA. California Consumers may exercise the following rights over their Personal Information, subject to any exceptions and limitations that may apply:
Right to Know.
- You have the right to request that we disclose information to you about our collection and use of your Personal Information, such as: (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business or commercial purpose for collecting, selling or sharing your Personal Information; (iv) the categories of third parties with whom we disclose your Personal Information; and (v) a list of specific pieces of Personal Information we have collected about you. If a business sells or shares your Personal Information, you also You also have the right to ask the company to disclose the categories of your Personal Information sold or shared and the categories of third parties to whom that Personal information was sold or shared, as well as the categories of Personal information disclosed for a business purpose and the categories of recipients of that information. Kountable is only required to respond to two disclosure requests from you within a 12-month period.
Right to Access.
- You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested Personal Information in a portable and readily usable format. Please note that Kountable may be prohibited by law from disclosing copies of certain Personal Information when the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our systems, or your account. We are only required by law to respond to two access requests from you within a 12-month period.
Right to Correct.
- If you discover that we maintain inaccurate Personal Information about you, or if your Personal Information changes, please inform us and we will update our records to reflect the correct information.
Right to Deletion.
- You have the right to request that we delete Personal Information that we collected from you and retained, with certain exceptions. Kountable may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
No Selling Personal Information.
Kountable does not and will never sell your Personal Information to third parties.
Sharing Personal Information.
- Kountable may share Personal Information we collect via cookies and other tracing technologies with third parties for cross-contextual behavioral advertising purposes. You can opt-out of this sharing by adjusting your cookie settings or by submitting a Consumer Privacy Request.
Limited Use and Disclosure of Sensitive Personal Information.
- Kountable does not seek to collect sensitive Personal Information from any consumer. If a User chooses to input sensitive Personal Information into KLEAR, we will not use or disclose Sensitive Personal Information for the purpose of inferring characteristics about any consumer. If this ever changes in the future, we will update this Privacy Policy and provide you with methods to limit use and disclosure of Sensitive Personal Information. However, we have no control over whether our Users may use or disclose their contacts’ sensitive Personal information for any particular purpose. If you are a Contact of our Users, please direct any questions about your sensitive Personal Information to the respective User.
Right to Nondiscrimination.
- We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under the CCPA.
Right to Disclosure of Marketing Information.
- Under California’s Shine the Light Act (Ca. Civ. Code § 1798.83-1798.84), California Consumers are entitled to request certain disclosures about Personal Information sharing with affiliates and/or third parties for marketing purposes. Please contact us if you wish to obtain these disclosures.
California Consumers may exercise these rights over their Personal Information by logging into their User account or by sending us a verifiable Consumer Privacy Request, subject to any exceptions and limitations that may apply.
Employee Data Exception
In many cases, the Personal Information we collect about you is in a business-to-business context when you are acting as an employee to a User or potential User in the performance of your job duties. Please note that Personal Information collected and used in this context is not protected under the CCPA.
Data security
Kountable implements reasonable and appropriate security procedures and practices to help protect your Personal Information from unauthorized or illegal access, destruction, use, modification, or disclosure. We employ a series of security measures, including a multi-level firewall, encryption, and anti-virus and intrusion detection solutions. All data is stored on secure servers in Tier 3 and PCI DSS certified data centers and is only accessible to our personnel and contractors via authentication measures. We ensure that Kountable employees, contractors, and agents responsible for handling your inquiries are informed of applicable privacy law requirements and we restrict access to those who need that information in order to process it.
Please note, however, that no transmission of data over the internet is 100% secure. We cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes. We also have no control over our Users’ security measures or practices, and we make no representations or guarantees that your Personal Information is secure once transmitted or stored on their systems.
It is your responsibility to keep your User account secure from unauthorized access. We encourage our Users to take steps to protect against unauthorized access to their accounts, such as choosing a robust password, keeping the password private, and signing off after using a shared computer or other device. Kountable is not responsible for any lost, stolen, or compromised passwords, or any unauthorized activity on your account.