Privacy Policy

Welcome to www.kinvey.com (the “Site”), a website operated by Kinvey, Inc. (“Kinvey”, “we”, “us”, or “our”). We know you are concerned about privacy, so we developed this privacy policy (“Privacy Policy”) to explain how we collect, use, and disclose information from you, our user (“you” or “ your”). We offer the first backend as a service that makes it ridiculously easy for developers to setup, use and operate a cloud backend for their mobile apps (“Apps”), and a number of related services (collectively, the “Services”). Read on and we will tell you how this all works.

This Privacy Policy will apply whether you are a “Visitor” (which means that you simply browse the Site), or a “Developer ” (which means you have registered with us and established an Account). Visitors and Developers are individually referred to as a “User,” and collectively, as “Users”. This Privacy Policy also applies to information collected through Apps from end users of those Apps (“ End Users”), as described in more detail below.

So we are clear about the terminology we are using, when we use the phrase “Personal Information”, we mean contact information (i.e., name, address, email address, and/or telephone number) and any other non-public information that is used or intended to be used to personally identify an individual, and information associated with the foregoing. When we use the phrase “Anonymous Information”, we mean information that is not associated with or linked to Personal Information. Anonymous Information does not enable identification of or contact with, individual persons.

BY USING OUR SITE OR SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH OUR SITE OR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

HOW WE COLLECT INFORMATION

Personal Information and End User Information

We receive and store information you voluntarily provide to us (either through the Site or in some other way). When you register with us, we require you to provide certain Personal Information, such as your name, mailing address, phone number and email address, as well as information related to the company with which you are affiliated. You may choose as part of certain Services to provide additional Personal Information. For example, if you are a Developer creating your public profile on the Site (“Profile”), you may choose to provide your photograph.

One type of Personal Information we will collect when you purchase Services as a Developer is “Payment Information”, which means the information necessary to process your order. Payment Information may include the following: (i) your name as it appears on the credit card; (ii) the credit card type (VISA, MasterCard, American Express or any other issuer accepted by us); (iii) a valid credit card number; (iv) the date of expiration of your credit card; (v) your billing address; and (vi) any activation numbers or codes needed to charge your card. If you authorize recurring charges for Fees, we will store your Payment Information. However, we may offer alternative means of paying for orders such as PayPal, through which Kinvey will not collect any Payment Information from you.

In addition, we collect Personal Information when you provide it through your participation in discussion forums. Any information that you post in our discussion forums, including your Personal Information, may be disclosed and available to all Users of that webpage and is no longer private. Other Users of the Site may use that information at their discretion, including to contact you. Please be thoughtful about what you post and make publicly available through our discussion forums and reviews. When you communicate with us through our Site or by sending us an email, we may collect and store any information that is contained in your communications with us.

We collect Third Party API Access Protocols as provided in the Section headed Our Relationship with Social Networking Sites and Third Party Data Providers.

In addition, if a Developer collects and submits to us information of End Users, either through an App or otherwise, we may receive and store such information (“End User Information”). End User Information collected through Apps may include, but is not limited to, the following, which may be Personal Information of such End Users:

· Information about End Users, including name, address, gender, age, marital status, photograph, in-App purchase history, survey responses, and preferences.

· Information about a mobile device, including universally unique ID (“UUID”), platform type and version (iOS v4, Android, etc.), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G).

· Sensory and other information collected through a mobile device, including accelerometer data, lock phone on/off, power on/off, airplane mode on/off, number of SMS/MMS messages, number of calls and duration, camera usage, speaker usage, Bluetooth usage, NFC usage, and GPS location data

· Information about App usage, including user App retention data, session length, and session interval.

Anonymous Information

As you use our Site or Service, we may also collect certain information, including Internet protocol address, browser type, domain names, and access times from you and End User devices accessing the Services through your Apps, as well as any other anonymous End User Information of submitted through your Apps. We also use Cookies and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of your use of the Service. An “Internet protocol address” or “IP address” is a number that is automatically assigned to your computer by your Internet access provider when you use the Internet. In some cases your IP address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP address probably varies from session to session. We track IP addresses solely in conjunction with session cookies to analyze our web page flow. “Cookies” are small pieces of information that a web site sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). Persistent Cookies can be removed by following Internet browser help file directions.

We work with online partners and advertisers to help manage and optimize our Internet business and communications and offer third party products and services to you. To do this, we or our partners or advertisers may use web beacons, clear GIFs and Cookies on this Site. The information collected in this way helps us learn things like what kinds of Users our Site attracts, which of our products most interest our Users, and what kinds of offers our Users like to see.

Our Relationship with Social Networking Sites and Third Party Data Providers

We have created and may offer you interfaces that allow you to connect with social networking websites such as Facebook and Twitter (“ SN Sites”) through our Site. We will work with the SN Site’s application protocol interface (better known as their developer API) in a way that allows you to authorize us to access your account on that SN Site on your behalf. In order to provide this authorization, you will not provide us with your user ID or password to the SN Site, but you will need to log-in to that SN Site directly through our Site. Once authorized by you, the SN Site will provide us a token that allows the SN Site to recognize us when we ask, on your behalf, for access to your account information or to post information. You will be able to revoke our access to any SN Site at any time by amending the appropriate settings from within your account settings on the applicable SN Site, though such revocation may limit the Services we are able to provide you.

In addition to accessing your SN Site accounts through Developer APIs, we may also offer interfaces that allow Developers to connect with APIs for SN Sites as well as other third party data providers in a manner that allows a Developer to retrieve data from such third parties for inclusion in a Developer’s App, for example Facebook or Yahoo! Maps (collectively, “Third Party Data Providers”). We may connect Apps to such APIs using the token method discussed above or we may require that a Developer provide us the applicable API key, user name, password or other method of authentication (the “ Third Party API Access Protocols”). The Third Party API Access Protocols will be disclosed and used in the same manner as Personal Information, with the understanding that they will not be used to market any products or services.

HOW WE USE INFORMATION

Personal Information and End User Information

We will use Personal Information, including End User Information to:

· Administer Accounts;

· Process your payments, provide the Services and customer support;

· Tailor the features of the Site or Services to you;

· Respond to requests, resolve disputes and/or troubleshoot problems;

· Market our Services and products to our Users and those of third parties we believe may be of interest to our Users, including through the serving of targeted advertisements, though we will not disclose your Personal Information in doing so. For example, we allow advertisers to choose the characteristics of Users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected to select the appropriate audience for those advertisements. For example, if you tend to view and automobile-related content, we might use that interest to show you ads for automobiles (and to tell ad networks to serve those ads), but we do not tell any automobile maker who you are, though the dealer or manufacturer may learn that you possess certain characteristics based on the fact that you received the advertisement. We may do this on the site, in the Apps and on other websites on the internet.

· Market services and products to your End Users, in a manner similar to the method used for Users described above, but only if you choose to add advertising capabilities to your App;

· Improve the quality of the Site and the Services;

· Verify your compliance with your obligations in our Terms of Use and/or other agreements you may have executed with us;

· Communicate with Users about the Site and the Services, and

· Showcase the Personal Information you include in your Profile, if you elect to create one, to other Users.

We also use Personal Information to contact you and provide you with information that may be useful or interesting to you, including newsletters regarding changes and upgrades to the Services as well as promotional e-mails, and to allow certain other entities to do the same. By using the Site, you agree to receive this information from us and certain other entities. If you do not want to receive these communications, you can always opt out of communications by following the instructions provides in the email or by emailing us at sales@kinvey.com. We may, however, send certain administrative emails which pertain to the Site and Services on a regular basis that you may not opt-out of.

We may also use Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable.

Anonymous Information

Generally, we use Anonymous Information in statistical analysis to help us analyze patterns in the use of our Services. We may, through our use of Cookies, keep you logged into the Site during each session. We may also use Anonymous Information to improve our internal operations, surveys and software, and customize the content and layout of the Site and/or Service. We may also, with your consent, combine Anonymous Information with your Personal Information. We reserve the right to use Anonymous Information without restriction.

DISCLOSURE OF INFORMATION

While it probably goes without saying, just to avoid any possible confusion, we go out of our way to say that End User Information is provided by Developers to Kinvey and we use and disclose the End User Information as provided in this Privacy Policy. Developers have a right to access, use and disclose the End User Information collected by the Developer’s App in conformance with the privacy statement displayed in the applicable App. Kinvey is not responsible for the Developer’s privacy statement or the Developer’s compliance with its privacy statement.

We may disclose certain Personal Information, including End User Information:

· To third party vendors who help us provide the Services or the Site, including vendors that process payments, or who provide or market additional goods and services, in which case we will require such vendors to use such information in accordance with their privacy policies posted on their websites;

· To third parties to whom you ask us to send Personal Information, including where a Developer chooses to integrate a third party’s services or content into an App;

· To other Users, if you create a public Profile.

· To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), in the event we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy;

· To a company that merges with us, acquires us, or purchases our assets, in which case such company may continue to process your Personal Information as set forth in this Privacy Policy; or

· If we believe in good faith that such disclosure is necessary to (a) resolve disputes, investigate problems, or enforce our Terms of Use; (b) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorize us to) disclose Personal Information without subpoenas or warrants served on us; or (c) protect and defend our rights or property or the rights and property of you or third parties.

We reserve the right to disclose Anonymous Information publicly without restriction, including to third party vendors who may help us enhance or provide the Site or Services or to third parties.

Information Disclosed to Third Parties

This Privacy Policy addresses our use and disclosure of information we collect from and/or about you on the Site and through our Services. You understand that when you use the Site or Services, certain information you post or provide through the Site, such as your name, photographs, and comments, may be shared with other users and posted on publicly available portions of the Site or the Service. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through the Site, this information may become publicly available and may be collected and used by others, including other Users and third parties. We will not have any obligations with respect to any information that you post to parts of the Site available to others, and recommend that you use caution when giving out information to others in public forums online or otherwise. We may also share the information you publish with other third parties.

In addition, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. The Site may contain links to third party websites, services or content that are not owned or controlled by us, but may be integrated into your Apps. When you click on such a link, you will either leave our Site and go to another site, or you will be asked to agree to such third party’s terms and privacy policy before integrating such third party’s content or services into your App. If you leave our Site, another entity may collect Personal Information or Anonymous Information from you. We have no control over, do not review and are not responsible for the privacy policies of or content displayed by such third parties. Please review the privacy policy of any new website you visit.

UPDATING AND CONTROLLING YOUR INFORMATION

If you have an Account with us, you may update certain of your Personal Information on our Site. You may also email us at sales@kinvey.com. Please note that even though you may request the deletion of your Personal Information by us, we may be required (by law or otherwise, such as to prevent fraud, resolve disputes, troubleshoot problems, or enforce our Services Agreement) to keep this information and not delete it (or to keep this information for a certain time) in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Services. Once we disclose some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

USER FEEDBACK

If you provide feedback to us, we may use and disclose such feedback in accordance with the terms in our Terms of Service. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy.

Security

We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information. However, no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

Changes to this Privacy Policy.

This Privacy Policy is subject to revision from time to time on a going-forward basis. We will post any revised version of the Privacy Policy on this page. If we make any material changes to it, we may also send you notice to the last email address you have provided to us. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

CONTACT

If you have questions or concerns about our Privacy Policy, please contact us at: sales@kinvey.com

LAST UPDATED: July 9, 2012