PRIVACY NOTICE
This Privacy Policy explains how information about you is collected, used and disclosed by Kloudgen, Inc.(collectively, “Kloudgen,” “we” or “us”) when you use this website https://www.nadilytics.com online products and monitoring services (“Platform”) (collectively, “Services”), or when you otherwise interact with us. This Privacy Policy also describes your choices regarding use, access and correction of personal information collected about you through our Services. Please read this Privacy Policy carefully and ensure that you understand it before you start to use our Services.
This Website is owned and operated by, or on behalf of, Kloudgen Inc. (“we”, “our” or “us”). We are the data controller in respect of personal information of our users based in the European Union.
By accessing and using the Services, you acknowledge that you have read and understood the content of this Privacy Policy. We reserve the right to update this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.
INFORMATION YOU PROVIDE TO US THROUGH THE SERVICES
We collect and process information you provide directly to us via the Services. Personal data submitted through the Services
include the details you submit when you create an account, participate in any interactive features of the Services, fill out a
form, pay for subscriptions, apply for a job, communicate with us via third-party social media sites, request customer support or
otherwise communicate with us. The types of information we may collect include your name, email address, company name, postal address,
phone number, payment services, Feedback and any other information you choose to provide. To the extent you provide credit card
information through the Services, that information is collected and processed by our third-party payment processor pursuant to their
Privacy Policy and practices.
INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE THE SERVICES
When you access or use the Services, we automatically collect information about you, including: Log files: We gather certain
information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address
and the page you visited before navigating to the Services, and store it in log files. We do not monitor or log data collected
from your servers when using the Services, but we may log or monitor information about your access to our Services.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies and web beacons.
USE OF INFORMATION
- Enable you to have full access to the Services.
- Provide, maintain and improve the Services.
- Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices.
- Send you technical notices, updates, security alerts, and support and administrative messages.
- Respond to your comments, questions and requests, and provide customer support.
- Create your Nadilytics account and identify you when you sign-in to your account in accordance with your agreement with us.
- Communicate with you about products, services, offers, promotions, rewards, and events offered by Kloudgen and others, and provide news and information we think will be of interest to you.
- Publish testimonials and feedback on the website Monitor and analyze trends, usage and activities in connection with the Services.
- Detect, investigate and prevent fraud and other illegal activities and protect the rights and property of Kloudgen and others.
- Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests.
- Notify you about important changes to the Services, including changes or updates to this Privacy Policy.
- Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards.
- Link or combine with information we get from others to help understand your needs and provide you with better service.
- Consider you for possible employment at Kloudgen in connection with an application that you submit.
- Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
We may share your personal information as follows or as otherwise described in this Privacy Policy:
With vendors, consultants and other service providers we have vetted and approved who need access to such information to carry out work on our behalf only to the extent necessary for the performance of any contract we enter into with you. This includes companies providing the following services for our Website and/or Platform: hosting services, authentication services, cyber security and anti-fraud services, and advertising. In response to a request for information if we believe disclosure is permitted by, in accordance with, or required by, any applicable law, regulation or legal process such as to comply with a subpoena or applicable court order. With any person to whom disclosure is necessary to enable us to enforce our rights under this Privacy Policy or under any agreement we enter into with you or to protect the rights, property and safety of Kloudgen or third parties. In connection with, or during negotiations of, any merger, sale of Kloudgen assets, financing or acquisition of all or a portion of our business by another company. Between and among Kloudgen and all companies affiliated with Kloudgen who may act for us for any of the purposes set out in this Privacy Policy, including our current and future parents, affiliates, subsidiaries and other companies under common control and ownership. With analytics and search engine providers that assist us in the improvement and optimization of our Website, subject to our Cookies Policy and with your consent or at your direction. We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
LAWFUL BASIS FOR PROCESSING YOUR INFORMATION
We are required to state the lawful basis under which we process the personal data of our users from the European Union. Accordingly,
the lawful bases upon which we process your personal information are as follows. Where it is necessary to obtain your prior consent to
the processing concerned in order for us to be allowed to do it, for instance in relation to direct marketing, we will obtain and rely
on your consent in relation to the processing concerned. Otherwise, we will process your personal data only where the processing is
necessary for compliance with a legal obligation to which we are a subject. For the purposes of the legitimate interests pursued by
us in promoting our business, providing the Platform to our business customers pursuant to or legal agreements with them, and in
ensuring the security, accessibility and improvement of our Website and Platform and the development of new technology and services.
EXTERNAL LINKS
The Website may, from time to time, contain links to external sites. If you follow a link to any of these websites,
please note that these websites have their own privacy policies. Please check these policies before you submit any personal
data to these websites. We are not responsible for the privacy policies or the content of such sites.
INFORMATION COLLECTED ON BEHALF OF CUSTOMERS IN PROVIDING OUR PLATFORM
In the case of personal information we handle or receive on behalf of a customer in connection with their access to, and use of,
our Platform (“Customer PI”), we have no direct relationship with the customer’s employees or other individuals with whom that
customer may interact with respect to the Platform. If you are such an employee or individual and are seeking access to, or would
like to correct, amend or delete, Customer PI, you should direct your query to the applicable customer. We will respond within a
reasonable timeframe to a customer’s request to remove Customer PI. Please note that the foregoing will not limit EU individuals
from making certain requests relating to their personal data as provided in Your Rights below. We will not use Customer PI except
for the purpose of providing and supporting the Services for the applicable customer. Customer PI will be retained for as long as
needed for that purpose and as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
MARKETING
Wherever permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information
for marketing and to provide you with promotional update communications by email about our products/services. You can object to further
marketing at any time by selecting the “unsubscribe” link at the end of all our marketing and promotional electronic communications
to you, or by contacting us using the contact details set out at in the Your Choices and Your Rights sections of this Privacy Policy.
As part of the registration process for events hosted by Kloudgen which you register to attend, we may request personal data such as:
your name, address, email address and telephone number, and details relevant to your occupation or employer. This information
is required to process your registration for the event and to provide you with relevant event materials. This data may be shared
with third-party service providers engaged by us as more fully explained in the Sharing of Information section of this Privacy Policy.
If you show an interest in an exhibitor at an event hosted by Kloudgen, such as by consenting to have your attendee badge scanned,
we will provide your data to such exhibitors who may contact you for their own direct advertising and marketing purposes. In that case,
the exhibitors’ use of your information would be subject the exhibitors’ privacy policies. For events sponsored by Kloudgen,
the event host may provide your personal data to Kloudgen, subject to your consent. Kloudgen will use the data as set forth in
the Use of Information section of this Privacy Policy.
SECURITY
We take reasonable steps, including physical, technical and organizational measures, to protect your personal information from
unauthorized access and against unlawful processing, accidental loss, destruction and damage. Unfortunately, transmission of
information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot
guarantee the security of your personal information submitted to us. Your personal information will be retained by Kloudgen for
the duration of your account and may be retained for a period after this time as necessary and relevant to our legitimate interests,
our terms of agreement with you and in accordance with applicable legal obligations. This may include retention necessary to meet our
tax reporting requirements as well as time required to enforce the relevant terms of agreement or to identify, issue or resolve legal
proceedings. We may retain a record of your stated objection to the processing of your data, including in respect of an objection to
receiving marketing communications, for the sole legitimate purpose of ensuring that we can continue to respect your wishes and not
contact you further, during the term of your objection.
TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES
Kloudgen is based in the United States. By accessing or using the Services or otherwise providing information to us,
you understand that your information will be subject to processing, transfer and storage in and to the U.S. where you
may not have the same rights and protections as you do under local law. In connection with Kloudgen’s processing of personal
data it receives in the U.S. from the European Union (“EU Data”), Kloudgen participates in, and complies with, the EU-U.S.
Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (collectively, the “Frameworks”) as set forth by the U.S.
Department of Commerce regarding the collection, use, and retention of personal information transferred from the European
Union and Switzerland to the United States. Kloudgen has certified to the Department of Commerce that it adheres to the Privacy
Shield Principles. Kloudgen is committed to subjecting all EU Data, in reliance on the Frameworks, to the Frameworks’ applicable
Principles. For purposes of enforcing compliance with the Frameworks, Kloudgen is subject to the investigatory and enforcement
authority of the U.S. Federal Trade Commission. If there is any conflict between the terms in this privacy policy and the Privacy
Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our
certification, please visithttps://www.privacyshield.gov/.Without limiting the above, Kloudgen adheres to the Principle of
Accountability for Onward Transfer. As noted in Sharing of Information above, we may transfer personal information
(including EU Data) to our vendors, consultants and other service providers who need access to such EU Data to carry out
work on our behalf. This personal data may be transferred to, and stored at, a destination outside the European Economic Area
(“EEA”) that may not be subject to equivalent data protection law. Please direct any inquiries or complaints regarding our
compliance with the Principles to the point of contact listed in the Contact Us section below. If Kloudgen does not resolve
your complaint, you may under certain conditions specified by the Principles and more fully described on the Privacy Shield
website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint,
you may also be able to invoke binding arbitration
to resolve your complaint
YOUR RIGHTS
EU individuals have rights in relation to their personal data which is processed by Kloudgen. If you are an EU data subject,
you may contact us by emailing us at legal@kloudgen.com. Request access to the personal data concerned. Request that any incorrect
personal data about you that we are processing be rectified. Request that we erase the personal data concerned. Withdraw your consent
at any time where we are processing personal data relating to you on the basis of your prior consent to that processing, after which
we shall stop the processing concerned. Lodge a formal complaint with the Information Commissioner in Ireland (or your local EU
supervisory authority if you live outside the UK) if you have a complaint about any processing of your personal data being conducted
by us. If the requested EU Data is Customer PI, please include the name of the applicable customer in your request; we will refer the
request to that customer to respond directly to you and will support them as needed to respond to your request.
YOUR CHOICES
Account Information Our customers may access, update or change personal information they have provided by logging into the Services
by contacting us. Subject to the terms of their agreements with us, Customers may deactivate their accounts by emailing us at
support@nadilytics.com, but note that we may retain certain personal information as necessary to comply with our legal obligations or
for legitimate business purposes, such as to resolve disputes or enforce our agreements. We may also retain cached or archived copies
of personal information for a certain period of time. If you are an individual with whom one of our customers interacts with respect
to the Services (e.g., an employee of a customer), as noted above, you should direct any requests regarding access, modification or
deletion of personal information to the applicable customer. Cookies: Most web browsers are set to accept cookies by default. If you
prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or
reject cookies, this could affect the availability and functionality of our Services. For more information, please see Kloudgen’s
Cookie Policy; Promotional Communications You may opt-out of receiving promotional emails from Kloudgen by following the instructions
in those emails or by emailing. If you opt-out, we may still send you non-promotional emails, such as those about your account or our
ongoing business relations
CONTACT US
If you have questions or concerns about this Privacy Policy, please contact us at: Kloudgen, Inc., 1700 Park St, Suite 111,
Naperville, IL 60563; Email: legal@kloudgen.com