KOMIKO ONLINE SERVICES PRIVACY STATEMENT

Last Updated:  June 2016

 

This privacy statement applies to the Komiko online services and related offerings that display or link it (the "Online Services").

The Online Services are intended for use by organizations. If you use an email address provided by an organization you are affiliated with, such as an employer (“Company”), to access the Online Services, the owner of the domain associated with your email address may: (i) control and administer your Online Services account and (ii) access and process your data, including the contents of your communications and files. Your use of the Online Services may be subject to your Company's policies, if any.  If your Company is administering your use of the Online Services, direct your privacy inquiries to your Service Administrator.  Komiko is not responsible for the privacy or security practices of our customers, which may differ from those set forth in this privacy statement. 

When you use social features of the Online Services, other users in your network may see some of your activity. To learn more about the social features and other functionality, review the Online Services documentation.

Definitions

Administrator Data” 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 to Komiko by, or on behalf of, Company or Company’s permitted users through 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.  The Service Administrator is a paid Permitted User.

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

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 advertising or similar commercial purposes.

Administrator Data

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.  Komiko may also contact the Service Administrator about third-party inquiries that Komiko receives regarding use of the Online Services, as described in the Agreement.  Service Administrator will not be able to unsubscribe from these communications. 

Support Data

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.  Komiko will use Support Data as described in these Privacy and Security Terms, 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. 

Cookies & Similar Technologies

Komiko may use cookies (small text files placed on a device’s hard disk by a web service) or similar technologies to provide the Online Services.  For example, cookies and similar technologies such as Web beacons may be used to store a user’s preferences and settings, to gather web analytics, to authenticate a user, or to detect fraud.  In addition to the cookies that Komiko may set when Company visits Komiko sites, third parties that Komiko hires to provide certain services on its behalf (such as site analytics) may also set cookies when Company visits Komiko sites.  Company should review its Internet browser documentation to learn more about how to control cookies and similar technologies.  Choices that Company makes about the use of cookies may impact Company’s and its permitted users use of the Online Services.

Disclosure of Data

Company Data.  Komiko will not disclose Company Data outside of Komiko or its controlled subsidiaries and affiliates (including any of subcontractor of Komiko or its controlled subsidiaries or affiliates) except (1) as Company directs, (2) with permission from a Company supplier, (3) as described in this privacy statement or Company’s agreement with Komiko, or (4) 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 controlled subsidiaries and affiliates (including any of subcontractor of Komiko or its controlled subsidiaries or affiliates) except (1) as Company directs, (2) with permission from a Company supplier, (3) as described in this privacy statement or Company’s agreement with Komiko, or (4) as required by law. Komiko may share Administrator Data with third parties for purposes of fraud prevention.

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 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.

Data Location

Except as described below, Company Data that Komiko processes on Company’s behalf may be transferred to, and stored and processed in, the United States or any other country in which Komiko or its controlled subsidiaries or affiliates or subcontractors maintain facilities.  Company appoints Komiko to perform any such transfer of Company Data to any such country and to store and process Company Data in order to provide the Online Services.

Preview Releases

Komiko may offer Company 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 Company’s feedback about the Preview or Company’s interest in continuing to use it after general release.

Data Protection

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 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 customer’s information.  In addition to any security or privacy features the third party hosting service provider 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 Customer 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, permitted users are solely responsible for backing up any Customer 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 Customer Data that Customer 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 (1) investigate the Security Incident and take reasonable steps to mitigate the effects and minimize any damage resulting from the Security Incident; and (B) notify the Service Administrator of, including providing reasonably 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 necessarily 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 accounts or Service Credentials or any security incident related to an Online Service.

Changes to these Terms

If there are material changes to this privacy statement or in how Komiko will use the Online Services information, Komiko will notify Company of such changes before they take effect.  In the event of a conflict between the terms of the Agreement between Company and Komiko and these Privacy and Security Terms, these terms will control.

Contact Komiko

If Company believes Komiko is not adhering to its privacy or security commitments, contact Komiko as follows: info@komiko.com. Komiko’s mailing address is:   

Attn: Privacy Officer

Komiko Ltd

7826 Leary Way, Suite 201

Redmond, Washington 98052 USA