Last updated: October 2015
This Privacy and Security Statement applies to the Komiko online services and related offerings (“Online Services”) that display or link to it.
If users use an email address provided by an organization they are affiliated with, such as an employer (“Company”), to access the Online Services, the owner of the domain associated with that email address may: (A) control and administer the Online Services account; and (B) access and process a user’s data, including the contents of a user’s communications and files. Use of the Online Services may be subject to Company’s policies, if any. Users of the Online Services should direct privacy or security inquiries to the Service Administrator. Komiko is not responsible for Company’s privacy or security practices which may differ from those set forth in this Privacy and Security Statement.
means any information about Company’s Subscription and Service Administrator that is provided during sign-up, purchase, or administration of the Online Services. Administrator Data may include the administrator’s name, address, phone number, and e-mail address. Administrator Data is not Company Data or Support Data.
"Company Data" means all data, including all text, sound, video, or image files, and software, that are provided by Company or its users, or on behalf of Company or its users, to Komiko as part of the Online Services, as well as all documents, files, or other output that is created by, or results from, Company’s (or its users) use of the Online Services. Company Data is not Administrator Data or Support Data.
“Service Administrator” means the person(s) (e.g., employees or third parties) that Company authorizes to setup and manage the Online Service for Company and act on Company’s behalf.
“Support Data” means the information that Komiko collects when Company submits a support request or runs an automated troubleshooter, including information about hardware, software, and other details related to the support incident, such as contact or authentication information, chat session personalization, information about the condition of the machine and the application when the fault occurred and during diagnostics, system and registry data about software installations and hardware configurations, and error-tracking files. Support Data is not Administrator Data or Company Data.
Company Data will be used only to provide Company with the Online Services including purposes compatible with providing those services. This may include troubleshooting, preventing, detecting, and fixing current and evolving problems with the Online Services’ operation (e.g., malware, spam, security), improving features, providing analytics, and other actions to support, repair, or improve, Company’s use or experience with the Online Services. Komiko will not use Company Data or derive information from it for any other purpose, including but not limited to advertising or similar commercial purposes.
Komiko uses Administrator Data to provide the Online Services, complete transactions, administer the account, and detect or prevent fraud. Komiko may contact the Service Administrator to provide information about Company’s Subscription, billing, and updates to the Online Services, including information about new features, security, or other technical issues. A Service Administrator will not be able to unsubscribe from these communications.
Komiko may provide support through phone, e-mail, or online chat. Komiko may use remote access ("Remote Access"), with Company’s permission, to temporarily navigate Company’s machines. Phone conversations, online chat sessions, or Remote Access sessions with support professionals may be recorded or monitored and such recordings will form part of the Support Data. Komiko will use Support Data only as described in this Privacy and Security Statement, to resolve Company support incident and for training purposes.
Following a support incident, Komiko may send Company a survey about Company’s experience and offerings. Company must opt-out of support surveys separately from other communications provided by Komiko by contacting Komiko via the methods below.
During the Term of any Trial Subscription and for three years thereafter, Customer must keep all usual and proper records relating to the Trial Subscription(s) and Customer use of the Online Services under this Agreement. Komiko may request that Customer conduct an internal audit of all Online Services in use throughout Customer’s organization, comparing the number of licenses in use to the number of licenses issued to Customer. By requesting an audit, Komiko does not waive its rights to enforce this Agreement or to protect Komiko’s intellectual property by any other means permitted by law. If verification or self-audit reveals any unlicensed use, Customer must promptly order sufficient licenses to cover its past and present use. If material unlicensed use is found, Customer will reimburse Komiko for the costs Komiko incurred in verification and acquire the necessary additional licenses at retail license cost within 30 days.
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Disclosure of Data
Company Data. Komiko will not disclose Company Data outside of Komiko or its Affiliates (including any subcontractor of Komiko or its controlled subsidiaries or Affiliates) except (1) as Company directs or permits in writing, (2) as described in this Privacy and Security Statement or in the Agreement, or (3) as required by law.
Komiko will not disclose Company Data to law enforcement unless required by law. Should law enforcement contact Komiko with a demand for Company Data, Komiko will attempt to redirect the law enforcement agency to request that data directly from Company. If compelled to disclose Company Data to law enforcement, then Komiko will promptly notify Company and provide Company a copy of the demand unless legally prohibited from doing so.
Upon receipt of any other third party request for Company Data (such as requests from Company’s end users or suppliers), Komiko will promptly notify Company unless prohibited by law. If Komiko is not required by law to disclose the Company Data, Komiko will reject the request. If the request is valid and Komiko could be compelled to disclose the requested information, Komiko will attempt to redirect the third party to request the Company Data from Company.
Except as Company directs, Komiko will not provide any third party: (1) direct, indirect, blanket, or unfettered access to Company Data; (2) the platform encryption keys used to secure Company Data or the ability to break such encryption; or (3) any kind of access to Company Data if Komiko is aware that such data is used for purposes other than those stated in the request. Komiko may provide Company basic contact information to the third party.
Administrator or Support Data. Komiko will not disclose Administrator Data or Support Data outside of Komiko or its Affiliates (including any subcontractor of Komiko or its Affiliates) except (1) as Company directs or permits in writing, (2) as described in this Privacy and Security Statement or in the Agreement, or (3) as required by law.
Third Party Offerings. The Online Services may enable Company to purchase, subscribe to, or use services, software, and content from companies other than Komiko ("Third Party Offerings"). If Company chooses to purchase, subscribe to, or use a Third Party Offering, Komiko may, subject to the prior written permission of Company, provide the third party with Company’s Administrator Data to enable the third party to provide its offering to Company (and subject to Company contact preferences, send Company promotional communications). Use of that information and Company use of a Third Party Offering will be governed by the third party’s privacy statement and policies.
Company Data that Komiko processes on Company’s behalf may only be transferred to, and stored and processed in, the United States or Canada. Company appoints Komiko to perform any such transfer of Company Data and to store and process Company Data in order to provide the Online Services.
Hosted Infrastructure. The Online Services and Company Data are hosted on a platform and infrastructure provided by a third party. The platform on which the Online Services and Company Data are hosted, meets the security, privacy, and other compliance requirements that the third party hosting service provides.
Security. Komiko is committed to protecting the security of its customers’ information. In addition to any security or privacy features any third party hosting service provider that hosts the Online Services affords, Komiko has implemented and will maintain and follow appropriate technical and organizational measures to protect Company Data against accidental, unauthorized or unlawful access, disclosure, alteration, loss, or destruction.
Data Backups. Komiko performs backups of Company Data, which are maintained consistent with Komiko’s standard business processes, for the purpose of recovery in the event of a failure in Komiko’s system. However, users are solely responsible for backing up any Company Data that they use with the Online Services and ensuring they separately maintain their primary means of business. Komiko is not responsible or liable for damage resulting from deletion, corruption, destruction, damage, loss or failure to store any Company Data that Company uses with the Online Services.
Security Incident Notification. If Komiko becomes aware of any unlawful access to any Company Data stored on Komiko’s system or in Komiko’s facilities, or unauthorized access to such equipment or facilities resulting in loss, disclosure, or alteration of Company Data (each a “Security Incident”), Komiko will (A) investigate the Security Incident and take all steps reasonably necessary to mitigate the effects and minimize any damage resulting from the Security Incident; and (B) notify the Service Administrator of, including providing detailed information for the Service Administrator to evaluate its appropriate response to, the Security Incident.
Notification(s) of Security Incident will be delivered to one or more of the Service Administrators by any means that Komiko selects, including via email. It is Company’s sole responsibility to ensure its Service Administrators provide and maintain accurate contact information with Komiko. Komiko’s obligation to report or respond to a Security Incident under this section is not an acknowledgment by Komiko of any fault or liability with respect to the Security Incident.
Company is responsible for appropriate notice to its data subjects, customers, or any other parties as necessary under any laws or regulations that apply to it. Komiko will not undertake any communications, notifications or correspondence regarding a Security Incident with Company’s data subjects without prior notice to and coordination with the Service Administrator, as appropriate, except where required by applicable law. Komiko will use reasonable attempts to notify Company’s Service Administrator, if allowed, before engaging with government or regulatory agencies about the Security Incident.
Company must notify Komiko promptly about any possible misuse of its Online Services accounts or passwords or any security incident related to an Online Service.
Komiko may offer preview, beta, or other pre-release features and services (“Previews”) for optional evaluation. Previews may employ lesser or different privacy and security measures than those typically present in the Online Services. Komiko may contact Company to obtain your feedback a Preview or Company’s interest in continuing to use it after general release.
Changes to this Privacy and Security Statement
If there are material changes to this Privacy and Security Statement or in how Komiko will use the Online Services information, Komiko will notify Company of such changes before they take effect. If Company is not in agreement with such changes, Company may terminate the Agreement or cancel any Online Services or Trial Subscriptions before any changes take effect. In the event of a conflict between the terms of the Agreement between Company and Komiko and this Privacy and Security Statement, these terms will control.
If Company believes Komiko is not adhering to its privacy or security commitments, contact Komiko as follows: firstname.lastname@example.org.