Last Updated: July 1st, 2024
This privacy policy covers Kynetics’ collection and treatment of information and data collected when you visit Kynetics’ Websites or use Kynetics’ Services.
Kynetics Inc. operates globally, including through its Permanent Establishments. This Privacy Policy applies to the processing of personal data by Kynetics Inc. and its integrated offices, including its Permanent Establishments
Section 1. Definitions
1.1 “Kynetics” means the entity Kynetics, Inc.
1.2 “Services” means the any and all services and hosted software applications provided by Kynetics, including but not limited to, Kynetics’ Update Factory, Kynetics’ Enterprise Data Gateway (EDGE), Kynetics’ ViBE, Kynetics’ website and any other software services offered by Kynetics.
1.3 “You” means yourself and any entities you represent.
1.4 “Products” means firmware, custom operating system or agent service that is programmed onto any certain physical product/hardware such as commercial off the shelf computer boards or other development kits.
1.5 “Third Party Products” – includes but is not limited to applications, websites, APIs, software, or hardware that interacts with, uses or connects to any Kynetics Products or Services.
1.6 “Website(s)” means any web domains owned, operated, branded or co-branded by Kynetics, Inc, Websites include Kynetics’ “www.kynetics.com”, docs.updatefactory.io, and any other website that Kynetics owns.
1.7 “Permanent Establishment” or “Branch Offices” refers to a Kynetics Inc.’s offices other than the Headquarter, through which it conducts business activities and comply with their local regulations.
Section 2: How Kynetics Collects Data
2.1 Kynetics collects certain data from visitors to Kynetics Websites in order to continuously improve and enhance our customer’s experiences. This data is collected via the following methods:
2.1.1 Kynetics, like many other websites, will store session information (often called “Cookies”) in your browser that will help Kynetics to identify information such as browsing activity, IP addresses and page view order. You do have the option to not use these Cookies; the majority of browsers will have a “help” tool that will help you to prevent Cookies if you want to, but Kynetics recommends you keep Cookies active as it will provide a better user experience on Kynetics’ Websites.
2.1.2 When You visit Kynetics Websites, Kynetics web servers automatically log typical website analytic data from visitors to our site. This data, which may include details such as browser type, IP addresses, site visit length and referral URL, is used for systems administration, detecting use patterns and generally improving customer experience.
2.1.3 Kynetics sees and logs non-personally identifiable data when You use Kynetics Services. Kynetics logs this data in our system and stores it on Third-Party servers. Data may also be accessed and processed by personnel of Kynetics Inc., including those at its Permanent Establishments . The only identifiable information this data is connected to will be the account details You supplied or were provided to you by Kynetics during the account creation process.
2.2 Information You provide
2.2.1 When You create an account with Kynetics, You provide us with data that includes an email address and password. Kynetics may also give you the option to voluntarily share other data with us that is connected to your account. If any of these details change, You may update your account at any time and modify, correct or delete your account details.
2.2.2 If you are connecting a Product to Kynetics’ Update Factory, You will be required to identify various parameters including but not limited to: URL and Tenant ID, and in some cases a security token and other account credential information. This information exists only locally, and Kynetics does not have access to it. When You connect a Product, a specific controller ID will be sent to Kynetics’ Update Factory, after which Kynetics will be able to match a specific device to Your account details.
2.3 Information provided by third parties
2.3.1 At times Kynetics may collect information from Third-Parties that use our Services or Products. They may provide us with Personal or Anonymous Data that we will use to continue to improve our Services and Products.
Section 3: How is data used by Kynetics?
3.1 The data referenced in this Privacy Policy is primarily used by Kynetics to improve, troubleshoot, and enhance Products, Websites, Services and fulfill other legitimate interests, such as sending you marketing about our products and services. We process your personal data for marketing purposes based on our legitimate interests. We will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products, and features to you.
This may include processing by personnel of Kynetics Inc., including those at its Permanent Establishments.
Additionally, the retention periods for different types of personal data or the criteria used to determine these periods are specified in the following paragraph.
Generally, personal data will be retained as long as your account is active or as needed to provide you with our services. Specific retention periods are as follows:
- Account Information: Retained for the duration of your account’s life and up to 6 months after account cancellation to allow for reactivation or to comply with legal obligations.
- Payment Data: Retained for the duration of your account and up to 7 years after account cancellation for tax and accounting purposes.
- Support Information: Retained for up to 2 years after the closure of your support request.
- Usage Data: Retained for up to 2 years after collection for analysis and improvement of services.
3.2 Email addresses and any other information supplied by You may also be used by Kynetics to respond to emails, phone calls and requests. In addition Kynetics may use the data that identifies the devices associated with Your account to provide information and technical assistance to You. For example, Your email address and device details may be used to respond to a technical support question that You send to Kynetics.
3.3 Kynetics may collect and create anonymous data by excluding personally identifiable information. Kynetics reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties at its sole discretion.
3.4 To process your credit card payment or prevent or detect fraud.
Section 4: How is data kept secure?
4.1 Kynetics uses Secure Socket Layer (SSL) encryption on the APIs (Application Programming Interface).
4.2 Data collected by Kynetics via its Websites and Services is stored on secure third-party servers.
Section 5: When is data shared?
5.1 Kynetics may at some point have a third-party process or analyze some of the data we have collected.
5.2 When appropriate, Kynetics may share data with entities and persons who are actively doing business with Kynetics and have entered into a contract with Kynetics, Inc (such as companies that have created “Powered by Kynetics” products). A company of this sort will have access to the data generated by individuals who are users of the product created and sold by said company.
5.3 Kynetics may share aggregated or anonymous data publicly or as described above in section 3.3
5.4 Kynetics will share personal information with companies, organizations or individuals outside of Kynetics if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
5.4.1 Meet any applicable law, regulation, legal process or enforceable governmental request.
5.4.2 Enforce applicable Terms of Service, including investigation of potential violations.
5.4.3 Detect, prevent, or otherwise address fraud, security or technical issues.
5.4.4 Protect against harm to the rights, property or safety of Kynetics, our users or the public as required or permitted by law.
5.5 If another company acquires Kynetics or our assets via a merger, acquisition or sale, that company will possess the Personal Data collected by Kynetics and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. In this event Kynetics will give You prior notification via email or by putting a prominent notice on our site before Your personal data is transferred.
Section 6: Payment Data
If you purchase any of our Service Subscriptions (as defined in the Terms of Service), your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service Subscriptions. In addition, the payment processors generally provide us with some limited information related to you, such as your card’s type, expiration date, and certain digits of your card number.
If you choose to pay by invoice, Kynetics Properties may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices and to send you invoices.
Section 7: Additional Information
7.1 Obtaining Consent
When you register for an account with Kynetics, you will be explicitly asked to consent to our processing of your personal data by accepting our Terms of Service and Privacy Policy by ticking a dedicated checkbox. Additionally, you will have the opportunity to consent separately to receiving marketing communications by ticking a separate checkbox.
Upon visiting our site, you will see a cookie consent banner where you can choose which types of cookies to accept:
- Essential Cookies (required for basic functionality)
- Analytics Cookies (to help us improve our services)
- Advertising Cookies (to personalize advertising)
7.2 Withdrawing Consent
You can withdraw your consent at any time through the following methods:
- Email Unsubscribe: Use the unsubscribe link included in every marketing email to opt out of future communications.
- Direct Contact: Email us at privacy@kynetics.com to withdraw consent. We will process your request within 7 business days and confirm the withdrawal via email.
Please note that withdrawing consent necessary for account management may result in the deactivation of your account. We will clearly communicate the impact of withdrawing consent on your use of our services.
7.3 Third-Parties may on occasion offer products or services that interact with Kynetics. Kynetics will encourage these Third-Parties to follow a similar privacy policy as this one, but you acknowledge and agree that Kynetics is not responsible for the privacy policies of others.
7.4 Kynetics will not intentionally gather information from children under the age of 13.
7.5 Kynetics reserves the right to make changes to this Privacy Policy at any point without prior notification and approval. Continued use of the Websites and Services once these changes are announced will confirm Your approval of and agreement to any and all changes.
7.6 The section headers in this agreement are for structure only.
Section 8: Our Cookie Policy
What Are Cookies
As is common practice with almost all professional websites, this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it, and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored, however, this may downgrade or ‘break’ certain elements of the site’s functionality.
For more general information on cookies, see the Wikipedia article on HTTP Cookies.
How We Use Cookies
We use cookies for a variety of reasons detailed below. Unfortunately, in most cases, there are no industry-standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not, in case they are used to provide a service that you use.
Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore it is recommended that you do not disable cookies.
You can learn how to manage cookies on your web browser by following the Browser Cookies Guide.
You can also click the “Decline” button on the Cookie Policy pop-up on each of our websites to disable cookies for the site.
8.1 The Cookies We Set
Site Preferences Cookies: In order to provide you with a great experience on this site, we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page that is affected by your preferences.
Third-Party Cookies: In some special cases, we also use cookies provided by trusted third parties. The following section details which third-party cookies you might encounter through this site.
Google Analytics: This site uses Google Analytics, which is one of the most widespread and trusted analytics solutions on the web, to help us understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page.
More Information: Hopefully, that has clarified things for you. As previously mentioned, if there is something that you are not sure whether you need or not, it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.
For further information, please email us at: privacy@kynetics.com
BY ACCEPTING THE PRIVACY POLICY, YOU EXPRESSLY AUTHORIZE KYNETICS PROPERTIES TO USE AND SHARE WITH OTHER COMPANIES IN THE KYNETICS PROPERTIES, AS WELL AS CERTAIN TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE OF THE COUNTRY OF YOUR RESIDENCE (INCLUDING COUNTRIES WHICH DO NOT PROVIDE THE SAME LEVEL OF PROTECTION FOR THE PROCESSING OF PERSONAL DATA AS THE COUNTRY OF YOUR RESIDENCE), THE INFORMATION PROVIDED BY YOU TO KYNETICS PROPERTIES, EVEN IF SUCH INFORMATION IS COVERED BY LOCAL BANKING SECRECY LAWS. YOU ACKNOWLEDGE AND AGREE TO THE IMPORTANCE OF SHARING SUCH INFORMATION FOR THE PROVISION OF THE SERVICE SUBSCRIPTIONS AND ALSO AGREE THAT, BY ACCEPTING THIS PRIVACY POLICY, WHERE APPLICABLE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER SUCH BANK SECRECY LAWS WITH REGARD TO KYNETICS PROPERTIES, ANY COMPANY IN THE KYNETICS PROPERTIES, AND ANY TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE YOUR COUNTRY OF RESIDENCE. THIS CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH KYNETICS PROPERTIES.
If you have any questions regarding this Privacy Policy you may contact Kynetics at privacy@kynetics.com.