Terms

Kounta

Privacy Policy

 

1. Introduction

  1. Kounta provides you or an End User with use of and access to the Platform as part of a Subscription Plan to the Platform, a free Account, a free trial of the Platform or free access to the Website as set out in Kounta’s Terms and Conditions (T&Cs) which can be viewed at www.kounta.com/terms.
  2. In order to optimise your use of the Platform, Kounta is required to collect and process your Personal Information. Kounta will hold and store your Personal Information until you no longer use or access the Platform.
  3. This Privacy Policy explains how Kounta collects and uses your Personal Information and is incorporated into the T&Cs.
  4. Your Personal Information may be stored, accessed and processed by Kounta as the Data Controller or Data Processor as described in this Privacy Policy. Personal Information regarding individuals and companies who reside in member states of the European Union, European Economic Area and Switzerland is controlled by Kounta.
  5. The information Kounta collects and uses is limited to the purpose for which you engage Kounta and other purposes expressly described in this Privacy Policy.

2. Definitions

  1. The following terms have the following meanings:
    • Data Controller means Kounta or Kounta Group.
    • Data Processor means in some instances Kounta, the Kounta Group or any contracted Third Party that Kounta or the Kounta Group may occasionally engage to process your Personal Information.
    • Personal Information means information or an information set that identifies or could be used by or on behalf of Kounta to identify an individual and includes Data as defined in the T&Cs.
    • Privacy Policy means this privacy policy.
  2. Capitalised terms used in this Privacy Policy and not defined in this Privacy Policy are defined in and have the same meaning as the terms in Kounta’s T&Cs.

3. Consent

  1. Kounta will collect and process your Personal Information where necessary for the performance of the Platform or with your consent.
  2. By using the Platform you:
    1. agree that you have read and understood this Privacy Policy;
    2. agree to be bound by the Privacy Policy; and
    3. consent to the use of your Personal Information as set out in this Privacy Policy.
  3. If you do not agree to the terms in this Privacy Policy, please do not use or access the Platform.
  4. Where Kounta relies on your consent to process Personal Information, you may withdraw or vary your consent by emailing support@kounta.com. Kounta may terminate your use of and access to the Platform if you withdraw your consent.

4. How Does Kounta Collect Your Personal Information?

Information you provide

  1. When you register for the Platform, you must provide Kounta Personal Information such as your name, address, phone number, email address and credit card information as well as certain related information like your company name and website name.
  2. Kounta also collects Personal Information such as email addresses, names or aliases and the password of any End Users you authorise to log into and utilise the Platform in connection with your Account when they first access the Platform.

Payment information

  1. If you sign-up for a 30-day free trial account or a free account, you are not required to enter your credit card information until you decide to obtain a paid Subscription Plan to the Platform.
  2. Kounta uses a Third-Party intermediary to manage credit card processing. This intermediary is not permitted to store, retain or use your billing information for any purpose except for processing credit card payments on Kounta’s behalf.

Log Files

  1. Kounta gathers certain information automatically and stores it in log files. This information includes internet protocol addresses as well as browser, internet Platform provider, referring/exit pages, operating system, date/time stamp, and clickstream data.
  2. Kounta may occasionally connect Personal Information to information gathered in its log files, as necessary to improve the Platform for you. Otherwise, Kounta generally uses this information to analyse trends, administer and maintain the Platform or track usage of various features within the Platform.

Usage Data

  1. Kounta collects usage data which is encoded or anonymised information or aggregated data Kounta collects about a group or category of Platforms, features or Users which does not contain personally identifying information (“Usage Data”).
  2. Usage Data helps Kounta understand the usage trends of the Platform so that it can better consider new features or otherwise tailor the Platform.
  3. In addition to collecting and using Usage Data, Kounta may share Usage Data with Third Parties, including its customers, partners and Third-Party service providers for various purposes including to help us better\ understand your needs and improve the Platform as well as for advertising and marketing purposes.
  4. Kounta does not share Usage Data with Third Parties in a way that would enable them to identify you personally.

Public Forums

  1. The Platform offers publicly-accessible blogs or community forums. You should be aware that any information provided in these areas may be read, collected and used by other Users or Third Parties who access them.

Other Websites

  1. This Privacy Policy applies only to information collected by the Platform.
  2. The Platform contains links to websites and applications operated by affiliates and Third Parties. These other sites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you.
  3. Kounta is not responsible for the privacy practices or content of Third-Party or affiliate websites and applications.

5. How does Kounta Use Your Personal Information?

  1. Kounta may use the Personal Information provided for the following purposes:
    1. to operate the Platform and personalise the Platform according to your needs;
    2. for billing;
    3. for identification and authentication;
    4. to contact and communicate with you and your End Users about the Platform and your and their use of the Platform;
    5. to send marketing materials (subject to you opting out);
    6. for research; and
    7. to generally improve the content and functionality of the Platform.
  2. Kounta may also share Personal Information with Data Processors (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage and other services it uses to operate the Platform and maintain a high quality user experience.
  3. Kounta does not permit its Data Processors to use your Personal Information for marketing purposes.
  4. Kounta may periodically post customer and partner testimonials on the Kounta Website which may contain Personal Information. Kounta will request your consent prior to posting any testimonials with your Personal Information.
  5. In addition to the purposes described above, Kounta also discloses Personal Information to respond to subpoenas or court orders, engage in legal process, to establish or exercise its legal rights or defend against legal claims.
  6. Kounta may also share your Personal Information if it believes it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the T&Cs or as otherwise required by law.
  7. Kounta may share information including Personal Information with any member of the Kounta Group, which includes any entity that Kounta controls, is controlled by Kounta, or under common control with Kounta.

6. Cookies

  1. A cookie is a small software file stored temporarily or placed on your computer’s hard drive. The main purpose of a cookie is to allow a web server to identify a User’s computer and web browser and tailor web pages and/or login information to their preferences.
  2. Cookies help Kounta promptly display information which Kounta considers to be of interest to you and which is needed for you or your End Users to use the capabilities of the Platform. By gathering and remembering information about website preferences through cookies, Kounta can provide you and End Users with a better Platform experience. Cookies do not give Kounta access to your computers and the information Kounta collects through cookies does not include Personal Information.
  3. When your End Users use the Platform, Kounta utilises session cookies which allows Kounta to uniquely identify your browser while you are logged in and to process your online transactions. Session cookies disappear from your computer when the web browser is closed or computer is turned off.
  4. Kounta also utilises persistent cookies to identify End Users and make it easier for them to log into and use the Platform. Persistent cookies remain on computers after the web browser is closed or the computer is turned off.
  5. Kounta utilises various categories of cookies, which are summarised below along with the options available to you to manage them:
    1. Essential - Essential cookies are those that are critical to the functionality of the Platform. Kounta uses these cookies to keep an agent or End User logged into the Platform and remember relevant information when the agent or End User returns to the Platform.
    2. Functional - Kounta uses functional cookies to track you and your activities on the Platform, understand your preferences and improve your user experience. These cookies can also be used to remember configurations of the Platform that you can customise.
    3. Marketing - Kounta engages Third-Party providers to serve a variety of marketing cookies that enable Kounta to track and analyse usage, navigational and other statistical information from visitors to the Kounta Website. Marketing cookies are also used to track the performance of Kounta’s advertisements and are employed by Third-Party advertising networks that Kounta utilises. These advertising networks follow your online activities on the Kounta Website and use this information to inform, optimise and serve tailored advertisements on the Kounta Websites or on other websites you visit that Kounta believes would most effectively promote the Platform to you. Kounta also uses Third Parties to collect information that assists us in other methods of marketing our Platform to visitors to the Kounta Websites including customised email communications.
  6. If you want to learn more about cookies or how to control or delete them, please visit http://www.aboutcookies.org for detailed guidance. In addition, certain Third-Party advertising networks, including Google, permit users to opt out of or customise preferences associated with your internet browsing. To learn more about this feature from Google. Please note that if you do elect to disable your web browser’s ability to accept cookies, you may not be able to access or take advantage of many features of the Platform.
  7. Many jurisdictions require or recommend that website operators inform users as to the nature of cookies they utilise and, in certain circumstances, obtain the consent of their users to the placement of certain cookies. If you are a customer of Kounta, it is your responsibility to inform the individuals with whom you interact using the Platform, including your End Users as to the types of cookies utilised in the Platform and, as necessary, to obtain their consent. If you require more specific information as to the nature of the cookies utilised in the Platform for purposes of fulfilling these obligations, please contact us by email support@kounta.com.

7. Web Beacons

  1. Kounta employs web beacons to help better manage content in the Platform. Web beacons are tiny graphics with a unique identifier similar in function to cookies and are used to track the online movements of internet Users.
  2. Unlike cookies, which are stored on a User’s computer hard drive, web beacons are embedded invisibly on websites. Kounta ties the information gathered by web beacons to Personal Information that it collects and uses them to send out HTML-based emails to learn which emails have been opened by recipients. This allows Kounta to gauge the effectiveness of its marketing campaigns as well as to operate and improve the Platform.
  3. You can opt-out of these emails by following the unsubscribe instructions within marketing emails.

8. Do Not Track Signals

  1. Kounta does not currently respond to web browsers “Do Not Track” signals that provide a method to opt out of the collection information about your activities on the Kounta Website and across other websites.
  2. If Kounta does so in the future, it will provide all relevant information in this Privacy Policy.

9. Security of Your Personal Information

  1. Kounta is committed to ensuring the security of your Personal Information. Kounta utilises robust precautions to protect the confidentiality and security of your Personal Information within the Platform by employing technological, physical and administrative security safeguards such as firewalls and carefully-developed security procedures. For example, when you enter confidential information (such as login credentials or information submitted from within the Platform) Kounta encrypts the transmission of that information using secure socket layer technology (SSL). These technologies, procedures and other measures are used in an effort to ensure that your Personal Information is safe, secure and only available to you and to those you have authorised to access your Personal Information.
  2. However, no internet, e-mail or other electronic transmission is ever fully secure or error free. Kounta does not warrant that these security measures will prevent any unauthorised access to or unauthorised alteration, disclosure or destruction of your Personal Information including by way of hacking, password “mining” or any other illegitimate interference with the Platform by unauthorised persons.
  3. Kounta excludes all liability in relation to all claims, actions, liabilities, costs, losses and expenses (including legal costs on a full indemnity basis) that you or your End Users incurs as a result of any unauthorised access, alteration, disclosure or destruction of Data or Personal Information that is outside its reasonable control.
  4. Kounta will notify you within three (3) business days and without undue delay of any:
    1. actual breach of security which when reasonably poses a risk to the security, confidentiality or integrity of your Personal Information; or
    2. actual unauthorised access to your Personal Information;

    which is likely to result in a high risk to your rights and freedoms.

10. Transfer of Your Personal Information

  1. Kounta is based in Australia but may host and process Personal Information in Australia and in other countries through the Kounta Group and Third Parties that Kounta uses to operate and manage the Platform.
  2. When you access or use the Platform or otherwise provide information to Kounta, you are consenting on behalf of you and your authorised End Users (and representing that you have the authority to provide such consent) to the processing and transferring of your Personal Information in and to the United States and other countries which may have different privacy laws from your or your End User’s country of residence.
  3. Where Kounta is required to share your information to Data Processors outside of Australia, Kounta will use its best endeavours to ensure the Data Processors have appropriate or suitable safeguards as set out in their privacy policies.

11. Your Access and Control of Your Personal Information

Opt-Out Options

  1. Kounta processes and stores information on your behalf. If you are an individual interacting with a Kounta customer on the Platform and would no longer like to be contacted by that Kounta customer, please contact that Kounta customer directly.
  2. If you are a Kounta customer and would like to opt-out of getting marketing communications from Kounta please contact us at support@kounta.com or follow the unsubscribe instructions included in marketing emails.
  3. Requests to opt-out of transfers to our Third-Party vendors may also be submitted but limitations on data sharing may make it difficult or impossible to provide the Platform in this manner.

Access and Control of Your Personal Information

  1. When you use the Platform, Kounta makes good faith efforts to provide you with access to and control of your Personal Information. You may update or change your Personal Information by logging into the Platform and amending such information where applicable.
  2. At your request, Kounta may:
    1. Correct your Personal Information if it is inaccurate;
    2. Provide you with a copy of your Personal Information;
    3. Cease the processing of your Personal Information;
    4. Restrict the processing of your Personal Information; or
    5. Delete your Personal Information.
  3. Kounta will retain Personal Information on your behalf for as long as needed to provide you with the use of and access to the Platform. Kounta may further retain and use this Personal Information as necessary to comply with its legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes and enforce our agreements. Kounta has established internal policies for the deletion of Personal Information from your accounts following the termination of your subscription to the Platform.
  4. If you would like to gain access to or request deletion of Personal Information Kounta has collected as Data Controllers please contact Kounta at support@kounta.com.
  5. Kounta has no direct relationship with the individuals with whom Kounta customers may interact using the Platform. Any such individual seeking access to or who would like to correct, amend or delete their Personal Information which may be stored in the Platform should direct their query to the applicable Kounta customer acting as the Data Controller for such information.
  6. If Kounta is able to or unable to comply with your request, Kounta will let you know within ten (10) business days of making that decision. If Kounta is able to comply with your request, it will do so within 30 days from the date of your request or any longer period that has been agreed by you and Kounta.
  7. Kounta may decline to process requests that are unreasonably repetitive, systematic, frivolous or vexatious, require disproportionate costs and/or technical effort, jeopardise the privacy or safety of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), for which access is not otherwise required or for a refusal which Kounta is otherwise obligated or entitled by law.

12. Children’s Personal Information

  1. Kounta does not knowingly collect any Personal Information from children under the age of 16. If you are under the age of 16, please do not submit any Personal Information through the Platform.
  2. Kounta encourages parents and legal guardians to monitor their children’s internet usage and to help enforce this Privacy Policy by instructing their children never to provide Personal Information on the Platform without their permission.
  3. If you have reason to believe that a child under the age of 16 has provided Personal Information to Kounta through the Platform, please email Kounta at support@kounta.com and Kounta will use commercially reasonable efforts to delete that information from its databases.

13. Changes to the Privacy Policy

  1. Kounta may make changes to this Privacy Policy by providing notice to take immediate effect upon such notice. Kounta encourages you to periodically review this page for the latest information on Kounta’s privacy practices.
  2. Your continued use of the Platform constitutes your agreement to be bound by such changes to this Privacy Policy. If you do not accept the varied Privacy Policy, please discontinue your use of the Platform and/or terminate your Account.
  3. Kounta may assign or transfer this Privacy Policy and your Account and related information and Data (including any Personal Information) to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with Kounta.

14. Contact Us

  1. If you have questions regarding this Privacy Policy or about the privacy practices of Kounta, please contact us by email at support@kounta.com.
  2. If you still feel your issue hasn't been resolved by us to your satisfaction, then you can raise your concern with the Office of the Australian Information Commissioner:

Online: www.oaic.gov.au/privacy

Phone: 1300 363 992

Email: enquiries@oaic.gov.au

Fax: (02) 9284 9666

Mail:

GPO Box 5218, Sydney, NSW 2001 or

GPO Box 2999, Canberra, ACT 2601