Privacy Policy

We've written our Privacy Policy as simply as possible to empower you to make informed decisions when you use Kicker Software Corp. ("Kicker", "we", "us", and/or "our") by making sure you understand and have control over the information we collect, how it's used, and when it's shared. In order to provide our Site and Services (collectively, "Platform"), we collect personal data from our customers ("Customers"). Throughout this Privacy Policy, "personal information" or "personal data" refers to any information that is unique to an individual, such as name, address, email address, phone number, IP address and other information that can reasonably identify an individual. This Privacy Policy covers how we collect, handle and disclose personal data on our Platform, including any affiliated websites, software or platforms owned or operated by Kicker on which this Privacy Policy appears. If you have any questions, comments, or concerns regarding this Privacy Policy and/or our data practices do not hesitate to contact us at service@getkicker.ai.

To Whom Does This Policy Apply

Note at the outset that this Privacy Policy does not cover our Customers' websites. Each Customer is responsible for posting its own terms, conditions, and privacy policies, and ensuring compliance with all applicable laws and regulations. This Privacy Policy applies to: Customers: as noted above, this includes any individual who registers individually or on behalf of an entity or organization in order to use the Services. Site Visitors: visitors to our Site, including those who may also opt in to receive commercial communications from Kicker. This does not include any visitors to our Customers' individual websites. End Users: Kicker may process End User data on behalf of its Customers. While our Customers are responsible, as data controllers or businesses, for how and why they collect and process their End User personal data, this Privacy Policy also applies to any End User personal information that we process, as a data processor or service provider, in order to provide Services to our Customers.

Changes To This Privacy Policy

This Privacy Policy was last updated on the date indicated above, but we suggest that you review it from time to time, as our Platform and our business may change. As a result, at times it may be necessary for Kicker to make changes to this Privacy Policy. Kicker reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. However, if we make changes that we believe will materially impact this Privacy Policy or your rights, we will promptly notify you of those changes (for example, through the Kicker admin or by email). Your continued use of the Platform after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

What Information Do We Collect

What personal information we collect and process depends on how and why you use our Platform. Generally, we process personal information that we receive:

• Directly from you when you provide it to us in connection with our Services.
• Indirectly through automated technologies such as cookies, or from third parties.
• On behalf of our Customers, when we process the personal data of their End Users as part of our Services.

This is all explained in more detail below.

Information We Collect Directly From You

You can generally visit our Site without having to submit any personal information. If you request more information, or sign up for our Services, we will collect personal information as follows.

Account Information

When you register for a Kicker customer account (including when you join for free) we request your name and email address. On occasion, we may also request your telephone number and/or other information you’ve made publicly available. Any information we request will be prominently displayed on a user consent screen (for example during Sign In with Google OAuth or another Authentication Service Provider). Once your email and telephone number have been confirmed by our systems and you have successfully signed up, we also require your company name and other opt-in data for the proper functioning of our Services to you. This information is your "Account Information" for the purposes of this Privacy Policy. Account Information is required to identify you as a Customer and permit you to access your account(s). By voluntarily providing us with such Account Information, you represent that you are the owner of such personal data or otherwise have the requisite consent to provide it to us.

Customer Payment Information

You are not required to enter your credit card information unless and until you decide to continue with a paid subscription to our Services. When you sign up for one of our paid Services, you must provide billing information. The information you will need to submit depends on which billing method you choose. In order to process your payment Information, we use PCI-compliant third-party processors, as explained in the Section on "Payment Processing" below. This information is processed by our payment service provider and we receive a confirmation of payment, which we then associate with your Account Information and any relevant transactions.

Optional Information

We may also ask you to submit personal information if you choose to use interactive features of the Platform, including participation in surveys, promotions, requesting customer support, or otherwise communicating with us.

Information We Collect Indirectly

Device and Usage Information

When you download, use or interact with the Site, even if you do not have an account, we, or authorized third parties engaged by us, may automatically collect information about your use of the Site via your device, some of which is considered personal information. "Device and Usage Information" that we collect consists of: Information About your Device: information about the devices and software you use to access the Site — primarily the internet browser or mobile device that you use, the website or source that linked or referred you to the Site, your IP address or device ID (or other persistent identifier that uniquely identifies your computer or mobile device on the Internet), the operating system of your computer or mobile device, device screen size, and other similar technical information. Usage Information: information about your interactions with the Platform, including access dates and times, hardware and software information, device event information, log data, crash data, cookie data. This information allows us to understand the screens that you view, how you've used the Platform (which may include administrative and support communications with us), and other actions on the Platforms. We, or authorized third parties, automatically collect log data when you access and use the Platform, even if you have not created an account or logged in. We use this information to administer and improve the Services, analyze trends, track users' use of the Platform, and gather broad demographic information for aggregate use.

Cookies and Similar Technologies

Kicker uses cookies and similar technologies. Through our use of cookies (and similar technologies), we or authorized third parties collect some Device and Usage Information. Some cookies are necessary to make the Site and our content available to you, while others are meant to improve the Site and enable us to analyze and measure audience and traffic.

Information from Third Parties

In some instances, we process personal information from third parties, which consists of data from our partners, such as transactional data from providers of payment services. In all such cases, individuals are informed of our processing activities and/or able to choose certain preferences at the time of collection. From time to time, we may combine information we collect as described above with personal information we obtain from third parties. For example, we may combine information entered through a Kicker sales submission with information we receive from a third-party sales intelligence platform to enhance our ability to market our Services to Customers or potential Customers.

Analytics

With the Device and Usage Information collected by our third-party analytics services, such as Google Analytics, as well as Log Data, we generate and process aggregated information, such as statistical or demographic data. Aggregated Information may be derived from personal data, but may not be considered personal data if it does not directly or indirectly reveal your identity. For example, we may track the total number of visitors to our Platform, or review Log Data, or track the number of visitors to each page of our Site. We aggregate this data to calculate the percentage of users accessing a specific feature of the Platform and analyze this data for trends and statistics. However, if we or our third-party analytics service providers combine or connect Aggregated Information with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data, which will be processed in accordance with this Privacy Policy.

Payment Processing

We do not directly collect your payment information and we do not store your payment information. We use third-party, PCI-compliant, payment processors, which collect payment information on our behalf in order to complete transactions. While our administrators are able to view and track actual transactions via customer portals, we do not have access to, or process, your credit card information.

How Do We Use Personal Information That We Collect

We use your personal information for a number of different reasons, as further explained below.

• Performance of a contract: When your personal information is necessary to enter into or perform our contract with you.
• Consent: When you have consented to our use of your personal information via a consent form (online or offline).
• Legitimate interests: When we use your personal information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
• Legal obligation: When we must use your personal information to comply with our legal obligations.
• Legal claims: When your personal information is necessary for us to defend, prosecute or make a claim.

Below are the general purposes and corresponding legal bases (in brackets) for which we may use your personal information:

• Providing you access to and use of the Platform [depending on the context, performance of a contract, legitimate interests, and in some cases, legal claims].
• Processing and completing transactions, and sending you related information, including purchase confirmations and invoices and important notices [depending on the context, performance of a contract or legitimate interests].
• Responding to your queries and requests, or otherwise communicating directly with you [depending on the context, performance of a contract, legitimate interests, and in some cases, legal claims].
• Improving the content and general administration of the Platform, including system maintenance and upgrades, enabling new features and enhancing both Site Visitor and Customer experience [legitimate interests].
• Detecting fraud, illegal activities or security breaches [legitimate interests].
• Providing our Services to our Customers [depending on the context, performance of a contract or legitimate interests].
• Ensuring compliance with applicable laws [compliance with a legal obligation].
• Conducting statistical analyses and analytics by monitoring and analyzing trends, usage, and activities in connection with the Platform [consent where required (e.g. 3rd-party cookies), or legitimate interests].
• Corpreasing the number of customers who use our Platform through marketing and advertising [consent where required, or legitimate interests]. Sending commercial communications, in line with your communication preferences, about products and services, features, newsletters, offers, promotions, and events [consent and in some cases, depending on location, with existing customers, legitimate interests].
• Providing information to regulatory bodies when legally required, and only as outlined below in this Privacy Policy [legal obligation, legal claims, legitimate interests].

When We Share Information

We only disclose your personal information as described below.

Third-Party Service Providers

Kicker discloses users' information to our third party agents, contractors, or service providers who are hired to perform services on our behalf. These companies do things to help us provide the Platform, and in some cases collect information directly, for example as explained in Payment Processing above. Below is an illustrative list of functions for which we may use third-party service providers:

• Analytics services
• CRM providers
• Lead generation partners
• Marketing and social media partners
• Customer support services
• Payment processors
• Hosting and content delivery network services
• Functionality and debugging services
• Professional service providers, such as auditors, lawyers, consultants, accountants and insurers

Business Transfers

As we continue to grow, we may purchase websites, applications, subsidiaries, other businesses or business units. Alternatively, we may sell businesses or business units, merge with other entities and/or sell assets or stock, in some cases as part of a reorganization or liquidation in bankruptcy. As part of these transactions, we may transfer your personal information to a successor entity upon a merger, consolidation or other corporate reorganization in which Kicker participates, or to a purchaser or acquirer of all or a portion of Kicker's assets, bankruptcy included.

Kicker Customers

When we act on behalf of our Customers (as a data processor or service provider), we may provide End Users' personal information to our Customers in order to comply with their requests, End Users' requests and/or regulator requests, among others. Occasionally, we will provide our Customers with aggregated information that does not identify End Users directly, in order to provide information about usage, demographics (such as location) or other general information.

Anonymized Information

We share aggregated, automatically-collected or otherwise non-personal information with third parties for various purposes, including (i) compliance with reporting obligations; (ii) for business or marketing purposes; (iii) to assist us and other parties in understanding our users' interests, habits and usage patterns for certain programs, content, services, marketing and/or functionality available through the Platform. We do not share personal information about you in this case.

Legal Obligations and Security

In addition, Kicker will preserve or disclose your personal information in limited circumstances (other than as set forth in this Privacy Policy), including: (i) with your consent; (ii) when we have a good faith belief it is required by law, such as pursuant to a subpoena, warrant or other judicial or administrative order (as further explained below); (iii) to protect the safety of any person and to protect the safety or security of our Platform or to prevent spam, abuse, or other malicious activity of actors with respect to the Platform; or (iv) to protect our rights or property or the rights or property of those who use the Platform.

Links to Third Party Sites

This Privacy Policy applies only to the Platform. The Platform may contain links to other websites not operated or controlled by Kicker ("Third Party Sites"). The policies and procedures we describe here do not apply to Third Party Sites, and links to such Third Party Sites on the Platform do not imply that Kicker endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

"Do Not Track"

Kicker does not respond to Do Not Track ("DNT") browser signals.

How to Change Your Communication Preferences

To keep your information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update any information in our possession that you have previously submitted via the Platform. Note that you may also manage your communications preferences and the receipt of any commercial communication by clicking the "unsubscribe" link included at the bottom of all emails from Kicker. You may also adjust your preferences through your account settings if you have a Kicker account, or send an email to service@getkicker.ai.

Access and Accuracy

Kicker uses reasonable efforts to keep your personal information accurate. We will provide you with online access to your personal information so that you may review, update or correct personal information that we hold. Note that in order to protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. To access your personal information, please visit the relevant account management sections of our Platform. If you cannot access your personal information on the Platform, please send an email to service@getkicker.ai.

How Long Do We Keep Your Personal information?

General Retention Periods

We use the following criteria to determine our retention periods: The amount, nature and sensitivity of your information; The reasons for which we collect and process the personal data; The length of time we have an ongoing relationship with you and provide you with access to our Platform; and applicable legal requirements. We retain personal information for as long as needed to provide our Services. Note, however, that with respect to our Customers with active accounts, we may retain certain essential account information, but otherwise regularly delete other information that is less essential to the provision of our Services in order to minimize our storage of data. We also will retain personal information that we've collected from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements). Additionally, we cannot delete information when it is needed for the establishment, exercise or defense of legal claims (also known as a "litigation hold"). In this case, the information must be retained as long as needed for exercising respective potential legal claims. When we no longer have an ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), we will securely store your personal information and isolate it from any further processing until deletion is possible. For any questions about data retention, please contact service@getkicker.ai.

Anonymization

In some instances, we may choose to anonymize your personal data instead of deleting it, for statistical use, for instance. When we choose to anonymize, we make sure that there is no way that the personal data can be linked back to you or any specific user.

Data Security And Integrity

We take steps that are reasonably necessary to securely provide our Platform. We have put in place reasonably appropriate security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We limit access to personal data only to those employees, agents, contractors and the third parties who have a business need-to-know.We also have procedures in place to deal with any suspected data security breach. If required, we will notify you and any applicable regulator of a suspected data security breach. We also require those parties to whom we transfer your personal information to provide acceptable standards of security. Notwithstanding, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, take special care in deciding what information you send to us via email. For any questions about the security of your information, please contact service@getkicker.ai.

Contact Us

If you have any questions or suggestions regarding this Privacy Policy, please contact us at service@getkicker.ai.