Privacy Policy

Kentik, Inc. (“Kentik”, or “we,” “us,” or “our”) respects the importance of the privacy of users and visitors to our web site, including any services we make available through our web site (“Site”). We have created this Privacy Policy to inform users and visitors about the information that is gathered when you use the Site, and how that information is used, maintained and, in some cases, shared. This Privacy Policy is incorporated by reference into the Kentik Terms of Use (the “Terms”). Specific sections of this Privacy Policy are also designed to inform end users of handling that may occur with respect to Personal Information processed by Kentik’s products according to the terms of agreements we hold with our customers.

BY USING OR ACCESSING IN ANY WAY THE SITE AND/OR OUR SERVICES AVAILABLE THROUGH THE SITE, OR BY TRANSMITTING INFORMATION TO US BY EMAIL OR OTHER ELECTRONIC MEANS, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR SERVICES.

INFORMATION COLLECTION AND USE

When you visit our marketing website, we may collect certain personally-identifiable information from you as follows:

• Personal Contact Information. We collect and retain personal contact information about you (including your name, telephone number, and e-mail address) if you voluntarily provide us with that information, so that you can obtain certain services through the Site or for us to be able to contact you. We will not sell this information to a third party, but we may share it with any of our service providers who need it to provide the service(s)or information you request and with others, as described in this Privacy Policy.
• Device Information. We may collect information about your device, including the Internet Protocol (“IP”) address, hardware model, operations system and version, unique mobile identifiers, mobile network information (as allowed by the mobile network) or platform information (as allowed by the specific platform type). We may ask for access to your location-based information, with your consent.
• Cookies. We may use cookies (which are small text files that are placed on your browser, computer hard drive, or in-device memory) to retain your preferences, facilitate login and access to services and tailor content to you. You can configure your browser to refuse cookies or to notify you before a cookie is placed. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a web page or clicked on an advertisement.
• Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
• Financial Information. If you purchase any products or services from Kentik through the Site, you will provide your financial information. Your financial information will not be disclosed to a third party except only as needed to process the transaction (for example, to a third-party payment processor who is our service provider). We do not retain your financial information once the transaction is completed. As a visitor or user of the Site, we will not ask for your Social Security Number.
• Evaluation and Feedback. After a requested service has been completed or during normal Site use, we may ask you to evaluate the Site or our services. The completion of this evaluation is at your discretion; if you choose to complete it, your evaluation will be shared with relevant members of our team, and with our service provider(s) who process statistical information, but not with any other third party unless otherwise provided in this Privacy Policy. If you provide us with your own comments about our services, we may use your comments in our marketing and promotional materials and/or on the Site only if you give us permission to do so.
• Special Offers, Promotions, Newsletters and Updates. If you register to the Site and authorize us to do so, we will contact you, according to your privacy preferences, to inform you of special offers, promotional deals, newsletters, and updates to our service offerings.

When your data is processed by the Kentik products, we may process certain personally-identifiable information as follows:

• IP addresses present in sampled network metadata used to diagnose and evaluate network performance for our customers.
  • Please note that we do not collect additional personal information alongside IP addresses, such as network packet contents.
  • Customers are provided with tools to optionally redact portions of IP addresses prior to ingestion into Kentik’s products. IPs may relate to identifiable individuals, networking equipment, or a combination of both.
  • IP addresses are subject to customer-specific data retention periods, with retention periods typically configured for 45 or 120 days for this type of data.
• Name and business email of platform users, which is used to identify system users, support login and authentication functions, and contact users with requested notifications, dashboards, and system communications.
  • Please note that Kentik product users must be employees or contractors of our customers and members of the general public are not permitted as users.

Please note that we do not expect/need to process and/or receive data identified as “sensitive” under data protection law(s).

INFORMATION SHARING AND DISCLOSURE

When you visit our marketing website, we may use data collected from the site as follows:

• Service Providers. Kentik uses service providers to perform certain of the technical processing, administration and support of the Site and services. Such service providers are restricted from using or disclosing personally identifiable information by our signed processing agreements and consistent with the terms of their published privacy policies. You may find more information about these providers in our subprocessors disclosure at https://www.kentik.com/legal/subprocessors/.
• Business Partners. Where permitted by law and/or explicitly approved by the affected user, Kentik may share personally identifiable information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. We may also provide personally identifiable information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with ours. Kentik requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of personally identifiable information they maintain on our behalf and not to use it for any purpose other than the purpose for which we provided them. This is most commonly conducted for branded merchandise orders and gifting platforms.
• Marketing. Interest-based Advertising and Third-Party Marketing. Where permitted by law and/or explicitly approved by Site visitors, we may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g. page(s) visited, time of day). We may also share such de-identified information as well as selected personally identifiable information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Kentik related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your personally identifiable information with third party advertising partners, you may opt-out of such sharing at no cost by following the instructions in this Privacy Policy, configuring your browser to block advertiser networks, or opting out of such services using tools provided natively by marketing and ad networks.

When your data is processed by Kentik’s products, information sharing is strictly governed by our signed customer service agreements (see standard template), Data Protection Addendum (DPA), and is limited to the subprocessors publicly identified at https://www.kentik.com/legal/subprocessors/.

Kentik is a US-based company. In all contexts where data is processed within the US, Kentik and its service providers reserve the right to disclose information about you, including personally identifiable information, to:

• (a) comply with the law or respond to lawful requests or legal process;
• (b) protect the rights or property of Kentik, its providers, suppliers and licensors or other clients or third parties;
• (c) respond to your requests;
• (d) to enforce our policies or contracts;
• (e) to collect amounts owed to us; or
• (f) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Kentik, its providers, suppliers and licensors or other clients or third parties, or otherwise necessary or advisable.

USE OF SITE. As is true of most websites, Kentik and our service providers may support and track activities on the Site and gather certain information automatically about Site visitors such as browser information, Site pages visited, and clickstream data. We and our service providers use this information, which does not identify individual users, to analyze trends, to administer the Site and services, to track users’ movements around the Site and services, to gather demographic information about our user base in aggregate, and for marketing research purposes. Unless we notify you otherwise, we do not link this automatically-collected data to personally identifiable information.

THIRD PARTY SITES AND SOCIAL MEDIA FEATURES. The Site may contain links to third party sites and certain social media features (such as the Facebook Like button) that are not owned or controlled by us. We are not responsible for the privacy practices of such other sites or your interaction with such sites or features. We encourage you to be aware when you leave our Site and to read the privacy statements of every website that collects or processes personally identifiable information.

SECURITY. The security of your personal information is important to us. When you enter your personal information to our Site using our provided forms and Site pages, we use industry standard encryption designed to safely deliver your details. Kentik follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, and performs independent audits to confirm our compliance with such standards. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we cannot, therefore, guarantee the absolute security of anything transmitted via the Internet, you may take comfort in knowing that Kentik uses commercially acceptable means to protect your personal information. If you have any questions about security on our Site, please review our documentation located in our Security Overview and Trust Center; if these are not able to answer your questions, you are always welcome to contact us at security@kentik.com for more information.

ACCOUNT INFORMATION & RETENTION. You may request a copy of, update, correct or delete information about you at any time by logging into your online account and modifying your information or by emailing us at privacy@kentik.com. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice and may retain a record of the request & corresponding handling if required to do so under the relevant privacy law. If you wish to deactivate your account, please email us at privacy@kentik.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period. We will respond to your access request within 45 days.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information to comply with our legal obligations, resolve disputes and enforce our agreements. We will retain personal data we process on behalf of our customers as directed by paying customers. Kentik will retain this personal information as necessary to comply with legal obligations, resolve disputes, and enforce agreements. Upon request, Kentik will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information that we are aware of. To request this information, contact us at privacy@kentik.com.

BUSINESS TRANSITION. If Kentik goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. Kentik does not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy.

CONSENT TO TRANSFER AND PROCESSING. Personal information collected through the Site and/or its services may be stored and processed in the United States, the European Union, or in any other country in which Kentik or its providers (or its or their affiliates or providers) maintain facilities. By using the Site and/or its services, you consent to any such transfer and processing of information outside of your country.

OPT OUT. You have the right to opt out of certain uses and disclosures of your personally identifiable information. Where you have consented to Kentik’s processing of your personally identifiable information, you may withdraw that consent at any time and opt-out to further processing by contacting privacy@kentik.com. Even if you opt-out, we may still collect and use non-personally identifiable information regarding your activities on our Site and/or information from the advertisements on third party websites for non-interest-based advertising purposes, such as to determine the effectiveness of the advertisements.

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Kentik and our services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

Do Not Track (”DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

CHILDREN’S PRIVACY. If you are under the age of 13, please do not use or access the Site or services in any way. We will not knowingly collect or use any personal information from any children under the age of 13. If we become aware that we have collected any personal information from children under 13, we will promptly delete such information from our databases.

INTERNATIONAL DATA TRANSFER AND CONTRACTUAL TERMS. Kentik complies with the General Data Protection Regulation 2016/679 (GDPR). To further support compliance with the GDPR, Kentik commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our GDPR compliance should first contact Kentik at: privacy@kentik.com. Kentik has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) regarding unresolved GDPR complaints concerning data transferred from the EU. For certain commercial customers, Kentik will also enter into the model clauses to further support its compliance with the GDPR.

EU-U.S. DATA PRIVACY FRAMEWORK

Kentik complies with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF (collectively the “Data Privacy Framework” or “DPF”) as managed by the U.S. Department of Commerce and described here. We have certified to the U.S. Department of Commerce that Kentik adheres to:

• the EU-U.S. DPF Principles (“DPF Principles”) with regard to the processing of personal information received from the EU in reliance on the EU-U.S. DPF;
• the DPF Principles with regard to the processing of personal information received from the UK in reliance on the UK Extension; and
• the DPF Principles with regard to the processing of personal information received from Switzerland in reliance on the Swiss-U.S. DPF.

If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.

For information received, transferred, or processed according to the DPF, Kentik is subject to the jurisdiction of the U.S. Federal Trade Commission (FTC) regarding such processing, including their investigatory and enforcement powers.

In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and as described in the INFORMATION SHARING AND DISCLOSURE section of this policy.

Whenever conducting onward transfer of personal information subject to the DPF to others, including transfers described under INFORMATION SHARING AND DISCLOSURE and our subprocessors disclosure, Kentik remains liable for the third party’s handling and processing of such data and uses commercially reasonable efforts to ensure such processing is conducted in compliance with the DPF principles and/or GDPR, that transfers are limited to specified purposes, and that the recipient is committed to fulfilling the principles outlined in the GDPR and/or DPF.

We will not use personal information collected under the DPF principles for purposes materially different than the purpose for which it was originally collected unless otherwise authorized.

DATA PROTECTION OFFICER. To communicate with our Data Protection Officer, please email dpo@kentik.com.

IDENTIFYING THE DATA CONTROLLER AND PROCESSOR. Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Kentik’s customer is the controller of Customer Data, or may occasionally be processing data on behalf of another controller. In general, Kentik is the processor of Customer Data and the controller of Other Information. Kentik Technologies, Inc., a US company based in San Francisco, California is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Workspaces established for customers in the US and Canada.

YOUR RIGHTS. Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data, including those provided by the GDPR and Kentik’s membership in the DPF program. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in your Services account, contracting us, or by making a direct inquiry to the relevant data Controller. If you cannot use the settings and tools, please contact privacy@kentik.com for additional assistance.

To the extent that Kentik’s processing of your Personal Data is subject to the General Data Protection Regulation, Kentik typically relies on end user consent granted to the Controller of such data and/or performance of a contract to govern such processing. Site processing may be governed by consent or legitimate interests, described above, to process your data. Kentik may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Kentik’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 Kentik’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Federal Trade Commission, which is Kentik’s lead supervisory authority. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the GDPR, you may direct questions or complaints to our lead supervisory authority:

Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Telephone: (202) 326-2222

CONTACTING KENTIK. Please also feel free to contact Kentik if you have any questions about this Privacy Policy or Kentik’s practices, or if you are seeking to exercise any of your statutory rights. You may contact us at privacy@kentik.com or at our mailing address below:

Kentik Technologies
ATTN: Data Protection Officer
548 Market St PMB 78595
San Francisco, CA 94104-5401

COMPLAINTS. If you have a general concern about our handling of your personal information, please contact us at privacy@kentik.com.

In accordance with the DPF, Kentik commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU individuals with inquiries or complaints regarding our handling of personal data received in reliance on the DPF should first contact Kentik at privacy@kentik.com and we commit to responding to any such complaints within 45 days.

Kentik commits to refer unresolved complaints concerning our handling of personal data received in reliance on the DPF to Judicial Arbitration and Mediation Service, Inc. (“JAMS”), an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Under certain conditions, if you are unable to resolve your issue by contacting us or via our dispute resolution provider, you may be able to invoke binding arbitration. For more information about this process and the relevant conditions, please see https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf.

If you are an EU resident, you have the right to lodge a complaint with a supervisory authority in the country of your place of work, habitual residence, or in the location of the alleged infringement. You can find a list of supervisory authorities here: https://edpb.europa.eu/about-edpb/about-edpb/members_en.

TERMS OF USE. Your use of the Site and its services is governed by our then-current Terms of Use.

CHANGES TO THIS POLICY. Kentik may update this Privacy Policy from time to time, and when we do, we will also revise the “Effective Date” at the top of this Privacy Policy. Changes are effective upon posting to the Site, unless we designate otherwise, so please check this site often for changes.