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Kony Data Privacy Statement, effective as of March 26, 2020

Kony Inc. (“Kony,” “we,” “us,” “our,” or the “Company”) is committed to protecting the privacy of individuals who visit the Company’s Web sites (“Visitors”), individuals who register to use Kony products defined below either by trial or by a paid subscription (“Customers”), and individuals who register to attend the Company’s corporate events (“Attendees”). This Data Privacy Statement describes Kony’s privacy practices in relation to the use of the Company’s Web sites and the related applications and services offered by Kony (collectively, the “Services”), as well as individuals’ choices regarding use, access and correction of personal information.

If you have questions or complaints regarding Kony’s Data Privacy Statement or associated practices, please contact us at  securitynotification@temenos.com.

General Principles

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

Kony respects your privacy and seeks to protect your data. We hope that the information in this Data Privacy Statement will show you how we gather, use, and protect your personal data.  We aim to ensure that the processing of personal data by or on behalf of Kony is fair and reasonable and that your personal data is secure, accurate, and up to date.

Kony’s Platform as a Service (PAAS) and its Services agreements are online and as a result they are international; hence personal data may be made available internationally, including in countries that do not have data protection laws or laws that provide equivalent protection to European or North American regulations.

Scope of this Data Privacy Statement

This Data Privacy Statement covers the information practices, including how the Company collects, uses, shares and secures the personal information you provide, of Web sites that link to this Data Privacy Statement (collectively referred to as “Kony’s Web sites & products” or “the Company’s Web sites & products”). It applies to your use of our website and its child web-domains located underneath https://www.kony.com (the "website"), but does not apply to any third-party sites that may be linked to our website.

Information collected by Kony

When expressing an interest in a trial of our products, or registering to use the Web sites or other Services, or registering for an event, Kony requires you to provide the Company with personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”). When purchasing the Product or registering for an event, Kony may also require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”). Kony may also ask you to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”).

When Visitors apply for a job with the Company, Kony may also require you to submit personal information as well as a resume or curriculum vitae (“Applicant Information”) relevant to the job posting for which Company shall collect necessary information such as Contact Information, Applicant Information, Optional Information and any other information you submit to Kony to or through the Services are referred to collectively as “Data.”

As you navigate the Company’s Web sites, Kony may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Company’s Web sites (such as the Web pages viewed and the links clicked). For additional information about the collection of Web Site Navigational Information by Kony and others, please refer section “Web Site Navigational Information” below.

Purpose for collecting the information

The Company uses Data about Kony Customers to perform the services requested. For example, if you fill out a “Request a Demo” Web form, the Company will use the information provided to contact you about your interest in the Services.

The Company also uses Data about Kony Attendees to plan and host corporate events, host online forums and social networks in which event Attendees may participate, and to populate online profiles for Attendees on the Company’s Web sites. Additional information on the Company’s privacy practices with respect to Data about Kony Attendees may be found in additional privacy statements on the event Web sites, as the case may be.

The Company may also use Data about Kony Customers and Attendees for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the Company, its affiliates, and its partners, such as information about promotions or events.

Kony may also receive information about Customers and Attendees from other sources, including third parties from whom we have purchased data, and combine this information with Data we already have about you.  This helps us to update, expand and analyze our records, identify new customers, and create more tailored advertising to provide products and services that may be of interest to you.

Kony uses credit card information solely to check the financial qualifications and collect payment from prospective Customers and Attendees.

Kony uses Web Site Navigational Information to operate and improve the Company’s Web sites. The Company may also use Web Site Navigational Information alone or in combination with Data about Kony Customers and Data about Kony Attendees to provide personalized information about the Company. For additional information about the use of Web Site Navigational Information, please refer section “Web Site Navigational Information” below.

Kony partners with third parties to display advertising on our Web sites and Services or to manage our advertising on other sites. Our third-party partners may use cookies or similar technologies provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising contact us at  securitynotification@temenos.com. Please note you will continue to receive generic ads.

Withdrawing consent

You have the right to withdraw your consent to our processing of your information and your use of our Services at any time. Contact  securitynotification@temenos.com for assistance with exercising this right. Similar to the way in which you can give consent by interacting with our Services, you can also withdraw your consent through our Services. You can choose to delete your Kony cloud console account via your account settings or you may contact us at  securitynotification@temenos.com to enable the deletion of your information. 

If you withdraw your consent to the use or sharing of your information for the purposes set out in this Data Privacy Statement, you may not have access to all (or any) of our Services and we might not be able to provide you with all (or any) of the Services under this Data Privacy Statement and our Terms of Service. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so, or if your withdrawal of consent was limited to certain processing activities. For example, we may keep information if we need to do so to comply with a legal obligation, to resolve disputes and to enforce our agreements.

Retention of Information

We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until you ask us to delete it or your account is deleted whichever comes first. For example, where you withdraw your consent to Kony processing your personal information, Kony will delete all personal information you uploaded. Following your deletion of your account, it may take up to 30 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information from deleted accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Data Privacy Statement.

Information about you that is no longer necessary and relevant to provide our Services may be de-identified and aggregated with other non-personal data to provide insights which are commercially valuable to Kony, such as statistics of the use of the Services.

Web Site Navigational Information

Cookies, Web Beacons and IP Addresses

Kony uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate the Company’s Web sites (“Web Site Navigational Information”). As described more fully below, we and our partners use these cookies or similar technologies to analyze trends, administer Web sites and Services, track users’ movements around our Web sites and Services, serve targeted advertisements and gather demographic information about our user base as a whole.  This section describes the types of Web Site Navigational Information used on the Company’s Web sites and Services, and how this information may be used.

Cookies

A "cookie" is a small file placed on your hard drive by some of our web pages. We may use cookies to help us analyze our web page flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and safety. Cookies are commonly used at most major transactional websites in much the same way we use them on our Site(s).

Kony sites may also use Google Analytics to gather statistics on site usage.  This may involve the use of cookies.  There are more details in our Cookie Notice and in Google’s own privacy policy.  Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and YouTube.  You acknowledge and accept that Kony has no control over Google’s data collection.  We strongly advise you to look at Google’s privacy policy for details of their data collection practices, or you may want to opt out from Google Analytics please check here  https://tools.google.com/dlpage/gaoptout.

Kony uses cookies to make interactions with the Company’s Web sites easy and meaningful. When you visit one of the Company’s Web sites, Kony’s servers send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself to Kony, either by responding to a promotional offer, opening an account, or filling out a Web form (such as a “Contact Me” or a “30 Day Free Trial” Web form), you remain anonymous to the Company.

Kony uses cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Web sites or Services.

The following sets out how  www.kony.com uses different categories of cookies and your options for managing cookies’ settings:

 

Type of Cookies

Description

Managing Settings

Required cookies

Required cookies enable you to navigate the Company’s Web sites and use its features, such as accessing secure areas of the Web sites and using Kony Services.
If you have chosen to identify yourself to Kony, the Company may place on your browser cookies containing an encrypted, unique identifier. These cookies allow the Company to uniquely identify you when you are logged into the Web sites and Services and to process your online transactions and requests.

Because required cookies are essential to operate the Company’s Web sites and the Services, there is no option to opt out of these cookies.

Performance cookies

These cookies collect information about how Visitors use our Web sites and Services, including which pages visitors go to most often and if they receive error messages from certain pages. It is only used to improve how the Company’s Web sites and Services function and perform.
From time-to-time, Kony engages third parties to track and analyze usage and volume statistical information from individuals who visit the Company’s Web sites and Services, and to track the performance of the Company’s advertisements. Kony and its third-party partners may also utilize HTML5 local storage or Flash cookies for these purposes. Flash cookies and HTML local storage are different from browser cookies because of the amount of and type of data, and how data is stored.

To learn how to opt out of performance cookies using your browser settings  click here.

To learn how to manage privacy and storage settings for Flash cookies  click here. Various browsers may offer their own management tools for removing HTML5 local storage.

Functionality cookies

Functionality cookies allow the Company’s Web sites and Services to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features.  These cookies also enable you to optimize your use of Kony’s Web sites and Services after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.
Kony uses local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on our Web sites and Services to personalize your visit.

To learn how to opt out of functionality cookies using your browser settings  click here. Note that opting out may impact the functionality you receive when using Kony’s Web sites and Services.
To learn how to manage privacy and storage settings for Flash cookies  click here.

Targeting or Advertising cookies

Kony sometimes uses cookies delivered by third parties to show you ads for Kony products and services that we think may interest you on any devices you may use and to track the performance of Company advertisements.  For example, in these cases, cookies remember information such as which browsers have visited the Company’s Web sites. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after the Company receives it.
Kony also contracts with third-party advertising networks that collect IP addresses and other information from Web beacons (see below) on the Company’s Web sites and Services, from emails, and on third-party Web sites. Ad networks follow your online activities over time and across different sites or other online services by collecting Web Site Navigational Information through automated means, including through the use of cookies. These technologies may recognize you across the different devices you use, such as a desktop or laptop computer, smartphone or tablet. Third parties use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other Web sites or mobile applications on any of your devices. This process also helps us manage and track the effectiveness of our marketing efforts. Third parties, with whom the Company partners to provide certain features on our Web sites or to display advertising based upon your Web browsing activity, use Flash cookies to collect and store information.  Flash cookies are different from browser cookies because of the amount of and type of data, and how data is stored.

To learn more about these and other advertising networks and your ability to opt out of collection, please visit the opt-out pages of the Network Advertising Initiative,  here, and the Digital Advertising Alliance,  here.
To learn how to manage privacy and storage settings for Flash cookies  click here. Various browsers may offer their own management tools for removing HTML5 local storage.

 

Web Beacons

Kony uses Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of the Company’s Web sites and interaction with emails from the Company. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Web site or Service tied to the Web beacon, and a description of a Web site or Service tied to the Web beacon. For example, Kony may place Web beacons in marketing emails that notify the Company when you click on a link in the email that directs you to one of the Company’s Web sites. Kony uses Web beacons to operate and improve the Company’s Web sites, Services and email communications.

Log Files, IP Addresses, URLs and Other Data

As is true of most Web sites, we gather certain information automatically to analyze trends in the aggregate and administer our Web sites and Services.  This information may include your Internet Protocol (IP) address (or the proxy server you use to access the World Wide Web), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. Due to Internet communications standards, when you visit or use the Company’s Websites and Services, we automatically receive the URL of the website from which you came and the website to which you go when you leave our Website. This information is used to analyze overall trends, to help us improve our Websites and Services, to track and aggregate non-personal information, and to provide the Websites and Services. For example, Kony uses IP addresses to monitor the regions from which Customers and Visitors navigate the Company’s Web sites. Kony also collects IP addresses from Customers when they log into the Services as part of the Company’s “Identity Confirmation” and “IP Range Restrictions” security features.

Social Media Features and Single Sign-on

The Company’s Web sites may use social media features, such as the Facebook “like” button (“Social Media Features”). These features may collect your IP address and which page you are visiting on the Company’s Web site, and may set a cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about your activities on the Company’s Web site to a profile page of yours that is provided by a third party social media network in order to share with others within your network. Social Media Features are either hosted by a third party or hosted directly on the Company’s Web site. Your interactions with these features are governed by the Data Privacy Statement of the company providing the relevant Social Media features. Kony Customers can choose an external identity provider (e.g., Office365, Facebook Connect, Google) not only for how users authenticate within their customer-written applications, but also for how customers authenticate within  https://manage.kony.com. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form.

Do Not Track

Currently, various browsers — including Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites’ visited by the user about the user's browser DNT preference setting. Kony does not currently commit to responding to browsers' DNT signals with respect to the Company's Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. Kony takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

Public forums, refer a contact, and customer testimonials

Kony may provide bulletin boards, blogs, or chat rooms on the Company’s Web sites. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Kony is not responsible for the personal information you choose to submit in these forums.

Customers and Visitors may elect to use the Company’s referral program to inform contacts about the Company’s Web sites and Services. When using the referral program, the Company requests the contact’s name and email address. Kony will automatically send the contact a one–time email inviting him or her to visit the Company’s Web sites. Kony does not store this information.

Kony posts a list of Customers and testimonials on the Company’s Web sites that contain information such as Customer names and titles. Kony obtains the consent of each Customer prior to posting any information on such a list or posting testimonials.

Sharing of information collected

Service Providers

Kony may share Data about Kony Visitors, Customers and Attendees with the Company’s contracted service providers so that these service providers can provide services on our behalf. These service providers are authorized to use your personal information only as necessary to provide the requested services to us.  Without limiting the foregoing, Kony may also share Data about Kony Visitors, Customers and Attendees with the Company’s service providers to ensure the quality of information provided, and with third–party social networking and media Web sites, such as Facebook, for marketing and advertising on those Web sites. Unless described in this Data Privacy Statement, Kony does not share, sell, rent, or trade any information with third parties for their promotional purposes.

Kony Affiliates

The Company may share Data about Kony Customers with other companies in order to work with them, including affiliates of the Kony corporate group. For example, the Company may need to share Data about Kony Customers with other companies within the Kony corporate family for customer support, marketing, technical operations and account management purposes.

Business Partners

From time to time, Kony may partner with other companies to jointly offer products or services, such as our AppExchange partners. If you purchase or specifically express interest in a jointly–offered product or service from or through Kony, the Company may share Data about Kony Customers collected in connection with your purchase or expression of interest with our partner(s). Kony does not control our business partners’ use of the Data about Kony Customers that we collect, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.

Kony does not share Data about Kony Attendees with business partners unless: (1) you specifically opt in to such sharing via an event registration form; or (2) you attend a Company event and allow Kony or any of its business partners to scan your attendee badge. If you do not wish for your information to be shared in this manner, you may choose not to opt in via event registration forms and elect not to have your badge scanned at Company events.  If you choose to share your information with business partners in the manners described above, your information will be subject to the business partners’ respective privacy statements.

Third Parties

Kony does not share, sell, rent, or trade personal data with third parties for their promotional purposes. We do not partner with or have special relationships with any ad server companies.

Kony does use third-party entities to provide valuable services on our behalf. To provide these services to you, we need your explicit consent to share your personal data with them. Third parties with which we share your information are bound by all relevant data privacy laws, terms of confidentiality, and this Data Privacy Statement; however, Kony shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless Kony proves that it is not responsible for the event giving rise to the damage.

For a complete list of these third parties and the services they provide, contact us at securitynotification@temenos.com.

If your employer subscribed for the service on your behalf, then we may pass certain information to your employer about your use of the service where your employer has a legitimate reason to receive it.

The “Web Site Navigational Information” section of this Data Privacy Statement, specifically addresses the information we or third parties collect through cookies and web beacons, and how you can control cookies through your Web browsers. We may also disclose your personal information to any third party with your prior consent.

Billing

Kony uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf.

Compelled Disclosure

Kony reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process.

International transfer of information collected

The Company primarily stores Data about Kony Customers and Data about Kony Attendees in the United States. However, where applicable, if a customer purchases storage from Kony intended to store application data and requires that the application data is required to remain in a desired geographical region, Kony will comply in accordance to the contractual commitments. To facilitate Kony’s global operations, the Company may transfer and access such information from around the world, including from other countries in which the Company has operations. A list of the Company’s global offices is available  here. This Data Privacy Statement shall apply even if Kony transfers Data about Kony Customers or Data about Kony Attendees to other countries.

Communications preferences

Kony offers Visitors, Customers, and Attendees who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails. Additionally, you may unsubscribe  here or by contacting us using the information in the “Contacting Us" section below

Correcting and updating your information

Kony may retain your information for a period of time consistent with the original purpose of collection. For instance, we may retain your information during the time in which you have an account to use our Web sites or Services and for a reasonable period of time afterward. We also may retain your information during the period of time needed for Kony to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

You may request to review, correct, delete or otherwise modify any of the personal information that you have previously provided to us through the Company’s Web sites and Services.  If you have registered for an account with Kony, you may generally update your user settings, profile, organization’s settings or event registration by logging into the applicable Website or Service with your username and password and editing your settings or profile. To update your billing information, discontinue your account, and/or request return or deletion of Your Data associated with your account, please contact your account representative or the customer service team for the applicable Service (including Kony, Marketing Cloud, Desk.com, Pardot and Heroku).  For other requests to access, correct, modify or delete Your Data, please review the “Contacting Us” section below.  Requests to access, change, or delete your information will be addressed within a reasonable timeframe. If you are an employee of a Kony customer, you may also wish to contact your company’s system administrator for assistance in correcting or updating your information.

Customer Data

Kony’s Customers may electronically submit data or information to the Services for hosting and processing purposes (“Customer Data”). Kony will not review, share, distribute, or reference any such Customer Data except as provided in Kony’s Master Subscription Agreement, or as may be required by law. In accordance with Kony’s Master Subscription Agreement, Kony may access Customer Data only for the purpose of providing the Services or preventing or addressing service or technical problems or as may be required by law.

Kony acknowledges that you have the right to access your personal information.  If personal information pertaining to you as an individual has been submitted to us by a Kony customer and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with our customer directly. Because Kony personnel have limited ability to access data our customers submit to our Services, if you wish to make your request directly to Kony, please provide the name of the Kony customer who submitted your data to our Services.  We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.

Security

We follow generally accepted industry standards such as firewalls and encryption and data privacy legal requirements to protect the information submitted to us, both during transmission and after we receive it, against loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any personal information to us or to any other party via the internet. You hereby acknowledge that we are not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

Mobile applications

Without limiting the generality of this Data Privacy Statement, in addition to information gathered through its Web sites or submitted to its Services, Kony may obtain information through applications (“Mobile Applications”) that Customers or their authorized individuals (“Users”) download to, and run on, their mobile devices (“Devices”). Mobile Applications provided by Kony may obtain information from, or access data stored on, Users’ Devices to provide services related to the relevant Mobile Application. For example, a Mobile Application may: access a camera on a User’s Device to enable the User to upload photographs to the Services; access the call history on a User’s Device to enable the User to upload that information to the Services; access calendar information on a User’s Device to enable the User to match meeting attendees with contacts submitted by the User to the Services; access the geographic location of a User’s Device to enable the User to identify contacts submitted by the User or the Services who are nearby; or access contact information on a User’s Device to enable the User to sync contact information between the information that is stored on the User’s Device and the information that is submitted to the Services. Information obtained to provide Mobile Application services may include information obtained in preparation for anticipated updates to those services. Mobile Applications may transmit information to and from Devices to provide the Mobile Application services.

Mobile Applications may provide Kony with information related to Users’ use of the Mobile Application services, information regarding Users’ computer systems, and information regarding Users’ interaction with Mobile Applications, which Kony may use to provide and improve the Mobile Application services. For example, all actions taken in a Mobile Application may be logged, along with associated information (such as the time of day when each action was taken). Kony may also share anonymous data about these actions with third party providers of analytics services. In addition, if a User downloads a Kony Mobile Application after clicking on a third-party mobile advertisement for the Mobile Application or for Kony, the third-party advertiser may provide Kony with certain information, such as the User’s Device identification information, which Kony may use to track the performance of its advertising campaigns.

Customers may configure Kony Mobile Application services, and the information accessed or obtained by the Mobile Application on a User’s Device may be affected by the Customer’s configuration. In addition, if a Customer purchases more than one Service from Kony and its affiliates, a Mobile Application may be designed to interoperate with those Services; for instance, to provide a User with access to information from any or all of those Services or to provide information from a User’s Device to any or all of those Services. Information accessed or obtained by the Mobile Application on a User’s Device may be accessible to the Customer and its organization, depending on the intended functionality of the Mobile Application. Kony may provide updated versions of its Mobile Applications. If your mobile device’s settings permit, those updates will be downloaded and installed automatically on your mobile device. By installing a Kony Mobile Application on your mobile device, you consent to the downloading and updating of that Mobile Application.

In addition to Mobile Applications offered by Kony, the Company may offer platforms for the creation of third-party Mobile Applications, including but not limited to the Kony platform. Third parties may obtain information from, or access data stored on, Users’ Devices to provide services associated with any third-party Mobile Applications that Users download, install, use, or otherwise interact with over a Kony platform. Kony’s Mobile Applications may also contain links or integrations to other Mobile Applications provided by third parties. Third parties’ use of information collected through third-party Mobile Applications is governed by the privacy statements of such third parties. The Company encourages you to review the privacy statements of third-party providers of Mobile Applications to understand their information practices.

Notices and contractual terms related to a particular Mobile Application may be found in the End User License Agreement or relevant terms of service for that application. The Company encourages you to review the End User License Agreement or relevant terms of service related to any Mobile Applications you download, install, use, or otherwise interact with to understand that Mobile Application’s information practices. The Mobile Application’s access to information through a User’s Device does not cause that information to be "Customer Data" under Kony’s Master Subscription Agreement with the Customer or under this Data Privacy Statement, except as follows: To the extent that a User uses a Mobile Application to submit electronic data and information to a Customer account on our Services pursuant to the Customer's Master Subscription Agreement with Kony (or a similar agreement that governs the Customer’s subscription(s) to Kony’s Services), that information constitutes “Customer Data” as defined in such agreement, and the provisions of that agreement with respect to privacy and security of such data will apply.

California Consumer Privacy Act Notice

This California Consumer Privacy Act Notice (“CCPA Notice”) contains information about Kony’s personal information processing, and your rights as a California resident under the California Consumer Privacy Act (“CCPA”).

Collection, Use, And Disclosure Of Personal Information

Information regarding our collection, use, legal basis of this use, disclosure, and protection of personal information is available in our Privacy Policy. Kony will not sell your personal information to third parties. We use cookies (small text files placed on your computer) and similar technologies when you visit our websites. For further information on our use of cookies please see our Website cookie policy.

Your Rights Under The CCPA

According to the CCPA, if you are a California resident, you have the following rights:

  1. access—twice in a 12-month period, free of charge—the categories and/or specific pieces of personal information we have collected about you, the categories of sources from which the personal information is collected, the business purpose for which personal information was and the categories of third parties with whom we share personal information, for the 12-month period prior to the request; and
  2. delete personal information under certain circumstances.

Kony does not discriminate against individuals who exercise their afforded by the CCPA.

To request access to your personal information or request that we delete your personal information, you may contact us through any of the following methods:

Please specify in your request the details of what personal information you would like to access or delete. To protect your personal information, we will verify your identity.

You may also authorize an agent to submit a request on your behalf, in accordance to the methods described above, so long as you provide the authorized agent written permission to request on your behalf, and your authorized agent additionally is able to verify their identity with us. Please have your authorized agent follow the instructions above to make a request, and additionally mail your written declaration authorizing the agent to act on your behalf, certified by a California notary public, to Kony Global HQ-Privacy Requests, 9225 Bee Cave Road, Building A, Suite 300, Austin, Texas 78733, USA.

Covered Entities

Kony Services, Inc. is an additional covered entity that is bound by and adheres to the Privacy Shield Principles.

Changes to this Data Privacy Statement

We reserve the right to modify this Data Privacy Statement at any time, so please review it frequently. If we decide to change our Data Privacy Statement, we will post those changes to this Data Privacy Statement page, to the Kony, Inc. homepage, and to other places that we deem appropriate so that you are aware of what information we collect, how we use it, who has access to it, and under what circumstances, if any, we disclose it.

Contact us

If you feel that this site is not following its stated information Data Privacy Statement, you can contact us at the following address or phone number:

Kony, Inc., 9225 Bee Cave Road, Building A, Suite 300, Austin, TX 78733 USA

Email:  securitynotification@temenos.com

USA Tel: 1-512-792-2900, Toll free: 1-888-323-9630, Fax: 1-512-532-6315

UK & Europe Tel: + 44 (0) 020-8629-7170

Questions

If you have questions or concerns regarding this Data Privacy Statement, please contact us at  securitynotification@temenos.com.