Last Updated: June 17, 2022
Table of contents
Sources of personal data
We collect Personal Data about you from:
- when you provide such information directly to us, and
- when Personal Data about you is collected in connection with your use of our Services
- Third parties, when they provide us with Personal Data about you or from whom we obtain Personal Data about you (“Third Parties”). These Third Parties include:
- Service providers. For example, we may use analytics service providers to analyze how you interact and engage with the Services.
- Third party websites. For example, we may use your information that is generally available on social media or networking websites for our outreach purposes (always in accordance with applicable law).
Categories of personal data we collect
Where you are a prospective user of our Services but not yet a user, we may collect your contact information and use this for marketing purposes. We will only ever do this in accordance with applicable law.
Where you are a user of our Services, we will process the Personal Data which you (or your users) provide to us through your use of the Services or which we collect arising from your use of our Services. This Personal Data will fall into one of the following three categories:
(i) Contact information and other customer account information that we will use for administering our relationship with you (or your users). This will include details such as your (or your users) name, business telephone number, business e-mail address, position, function, location and account information (e.g. name and log-in credentials) (together, “Contact Information”).
We will never actively collect special categories of Personal Data about you or your users. Special categories of Personal Data includes information which reveals an individual’s race or ethnic origin, political opinions or religious or philosophical beliefs, membership of a trade union, physical or mental health, the processing of genetic or biometric information for the purposes of uniquely identifying an individual, and information about sexual life or sexual orientation or criminal convictions and offences. Where you (or your users) choose to include such special categories of Personal Data in Customer Content you are responsible for ensuring that all applicable legal requirements and safeguards have been complied with.
The following section provides additional information about how we collect your Personal Data.
Information collected automatically
We use the following types of Cookies:
- Essential cookies. Essential cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
- Functional cookies. Functional cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some of the Services and functionalities may not work.
To explore what Cookie setting are available to you, look in the “preferences” or “options” section of your browser’s menu.
To find out more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.
How we use your personal data
We only use your Customer Content:
-To the extent necessary to provide our Service to you.
-To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services.
-If required by applicable law, to respond to law enforcement requests, court order, or governmental regulations.
We process Account Data and Contact Information to operate, improve, understand and personalize our Services. We use such Personal Data for the following purposes:
- To meet or fulfill the reason you provided the information to us.
- To communicate with you about the Services, including Service announcements, updates or offers.
- To provide support and assistance for the Services.
- To create and manage your Account or other user profiles.
- To personalize website content and communications based on your preferences.
- To process orders or other transactions.
- To respond to user inquiries and fulfill user requests.
- To improve and develop the Services, including testing, research, analysis and product development.
- To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To aggregate and anonymise it so that it is no longer Personal Data.
- For any other business purpose stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.
As noted in the list above, we may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us, which helps us improve our Services. If you do not want to receive communications from us, please indicate your preference by emailing us at firstname.lastname@example.org.
How we share your personal data
We will only disclose Customer Content to service providers and other parties for the following business purposes:
- Where you ask us to, or you choose to through the use of our Services.
- If we are required to in order to respond to law enforcement requests, court order, or governmental regulations (in all cases, in accordance with applicable law).
- If necessary where we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
We may disclose your Account Data and Contact Information to service providers and other parties for the following business purposes:
- Auditing related to a current interaction and concurrent transactions, including, but not limited to, auditing compliance with this specification and other standards.
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short-term, transient use of Personal Data that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.
- Performing services on our behalf, including processing payments, providing analytic services, providing marketing services, or providing similar services on behalf of the business or service provider.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that we own, manufacture, was manufactured for us, or control.
We disclose your Personal Data to the following categories of service providers and other parties:
- Service Providers, including:
-Security and fraud prevention consultants.
-Hosting and other technology and communications providers.
-Staff augmentation and contract personnel.
- Parties who acquire your Personal Data through an acquisition or other change of control.
-Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
- Other parties at your direction.
-Third-party business partners who you access through the Services.
-Other parties authorized by you.
Data security and retention
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. These measures are set out in the security terms and/or security practices data sheet which are applicable to the Services provided to you as published on Airkit’s website from time to time.
It is important to note that you have responsibilities in relation to the protection of your Personal Data also. These will be included in your (or your company’s) agreement with Airkit. At a minimum these will include that you should help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account.
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally and therefore ceases to be Personal Data.
Personal data of children
We do not knowingly collect or solicit Personal Data from children under 16; if you are a child under 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at email@example.com.
California resident rights
If you are a California resident, you have the rights outlined in this section. Please see the “Exercising your rights” section below for instructions on exercising these rights.
Sales of personal data
You have the right to request certain information about the Personal Data we may have collected from you and how we used that Personal Data over the past 12 months. We will provide you with the following information:
- The categories of Personal Data that we collected about you.
- The categories of sources from which we collected that Personal Data.
- The business or commercial purpose for collecting or selling your Personal Data.
- The categories of third parties with whom we have shared your Personal Data.
- The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient.
You have the right to request that we delete the Personal Data that we collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising your rights
To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it.
Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.
If your request addresses Personal Data contained in unencrypted Customer Content submitted to our Services by another user, then we may redirect your Valid Request to that user in accordance with the procedures set forth in our Data Processing Agreement. Notwithstanding the foregoing, we are incapable of responding to requests addressing Personal Data contained in encrypted Customer Content as such encryption is implemented and controlled by the applicable user.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request using the following methods:
Call us at: (650) 459-2377
Emailing us at: firstname.lastname@example.org
We will not discriminate against you for exercising your rights under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
Other state law privacy rights
California resident rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at email@example.com.
Nevada resident rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
European data subject rights
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”), or similar legislation in the non-EU jurisdictions mentioned, with respect to your Personal Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.
Airkit will be the controller of your Personal Data processed in connection with the Services provided that that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
Personal data we collect
The “Categories of personal data we collect” section above details the Personal Data that we collect from you.
Personal data use and processing grounds
The “How we use your personal data” section above explains how we use your Personal Data.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
- Contractual necessity.We process Customer Content and Contact Information as a matter of “contractual necessity”, meaning that we need to process the data to perform and deliver the Services that you (or your company) has contractually requested that we provide. The processing of Customer Content and Contact Information is necessary in order to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
- Legitimate interest.We process Account Data and certain elements of Contact Information when we believe it furthers the legitimate interest of us or third parties.
Examples of these legitimate interests include:
- Operation and improvement of our business, products and Services
- Marketing of our products and Services (where all such marketing is done in accordance with applicable law)
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
- Consent.Where required by applicable law we may get your consent to provide marketing material to you. Where this applies we will process the relevant Personal Data based on such consent that you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Other processing grounds.From time to time we may also need to process some elements of the Contact Information, the Customer Content and/or the Account Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest. When this the case will depend on the specific circumstances at the time.
We only retain your Personal Data for as long as necessary for the purpose for which we collect it.
Where applicable law in the EU, United Kingdom, Lichtenstein, Norway, or Iceland requires, you can decide not to accept certain cookies, or manage which cookies are used, via the functionality that we make available to you when you use our Services.
Sharing personal data
The “How we share your personal data” section above details how we share your Personal Data with third parties.
EU data subject rights
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at email@example.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
- Access. You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
- Rectification. If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
- Erasure. You can request that we erase some or all of your Personal Data from our systems.
- Withdrawal of consent. If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
- Portability. You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection. You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
- Restriction of processing. You can ask us to restrict further processing of your Personal Data.
- Right to file complaint. You have the right to lodge a complaint about Airkit’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.
Transfers of personal data
- The Services are hosted and operated in either the United States (“U.S.”), the European Union (“EU”) or Australia through Airkit and its service providers. Which one of these jurisdictions your Services are hosted and operated from will depend on where the customer party for the purposes of the relevant Services is based.
- If you are an EU or UK based customer (or the end user of such a customer) then we may, in limited circumstances, transfer your personal to the US (for example, for the purposes of support). Where we transfer your information to outside the EU, we do so in accordance with EU data protection law. These transfers are necessary for the management of Airkit’s operations. Airkit relies on Standard Contractual Clauses which have been approved by the European Commission. In certain limited circumstances, we may use derogations, such as the contractual necessity derogation, where appropriate to process personal information, when there are no other data transfer mechanisms applicable.
- You can request a copy of our Standard Contractual Clauses by emailing firstname.lastname@example.org
Mobile terms of service (Shortcodes)
- When you opt-in to the service, we will send you an SMS message to confirm your signup.
- You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
- As always, message and data rates may apply for any messages sent to you from us and to us from you. The frequency with which you receive messages will vary depending on how you interact with our demo. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com
What if I have questions about this policy?
2114 Broadway, Redwood City, CA 94063
Individuals and data protection supervisory authorities from the EU may contact our EU representative according to Art. 27 GDPR regarding all requests related to data protection and privacy:
EU: DP-Dock GmbH, Attn: Airkit, Ballindamm 39, 20095 Hamburg, Germany
UK: DP Data Protection Services UK Ltd., Attn: Airkit, 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom
You may contact our EU Data Protection Officer at firstname.lastname@example.org.