Updated February 2, 2022
Kwikom Services are designed and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or does not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.
When Customer uses the Service, the Personal Information (as defined below) Customer sends and receives is transmitted over a wireless, and/or wired network, and may be subject to interception by unauthorized third parties who seek to do you harm. While it is KwiKom’s objective to take reasonable measures to reduce the risk that unauthorized third parties will be able to intercept the information Customer sends and receives through the Service, KwiKom cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.
KwiKom recommends that you use caution when sending any Personal Information over the Internet and use encryption technology whenever possible, such as websites that have the “https” designation in the website’s address bar and show a padlock icon in the browser’s window.
KwiKom does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Customer is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to KwiKom. If KwiKom learns that KwiKom has collected Personal Information from a child under age 13, KwiKom will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 13 may have provided KwiKom Personal Information, please contact KwiKom at email@example.com.
KwiKom collects and stores various types of information about Customers and Customers’ use of the Service via the KwiKom website, Help Desk and call centers, postal mail, remote kiosks, the KwiKom Facebook Page or other social network platforms or by other means, generally classified as Personal Information and Non-Personal Information. Generally, KwiKom gathers and uses Personal Information internally in connection with providing the Service to Customer, including to personalize, evaluate and improve the Service and KwiKom’s ability to provide the Service to Customer, to contact Customer, to respond to and fulfill Customer requests regarding the Service, and to analyze how Customer uses the Service. KwiKom may share Your Personal Information with its Affiliates and with other third parties as described below:
What Information does KwiKom collect and how does KwiKom use this Information?
Personal Information is the information Customer provides to KwiKom voluntarily or passively through Customer use of the Service and/or website, and which is directly associated with or reasonably linked to a specific person, computer or device. For example, through the registration process, when the equipment to provide the Service is installed, maintained or upgraded at Customer’s premises, when Customer contacts KwiKom regarding the Service, and through Customer account settings, KwiKom collects and stores Personal Information such as Customer name, email address, phone number, billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other property making use of the Service. Customer may be required to provide certain Personal Information to KwiKom in order to register with KwiKom, to assist KwiKom in improving Customer’s Service or troubleshooting problems Customer is experiencing with the Service, Customer computer or device, or otherwise to improve the quality of the Service. KwiKom will communicate with Customer if Customer has provided KwiKom the means to do so. For example, if Customer has given KwiKom Customer’s email address or phone number, KwiKom will email or call Customer about Customer use of the Service or product improvements or upgrades, and other transactional information about Customer Service. KwiKom may also combine Customer Personal Information with additional Personal Information obtained from KwiKom Facebook Pages or other social network platforms, its Affiliates, its Operational Service Providers (third party owned companies that provide or perform services on KwiKom’s behalf, to help serve Customer better and to perform functions in order to support KwiKom businesses and operations), or other companies, such as credit bureaus, background check firms, and marketing research companies. Some forms of Non-Personal Information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.
We use Network Information to monitor and enhance the performance of the KwiKom network. KwiKom will not monitor the content of the websites viewed or email communications as part of KwiKom’s standard network management. Generally, KwiKom will only monitor and preserve the following Network Information:
- When Customer is using the Service;
- How Customer is using the Service, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
- The amount of data Customer is transmitting and receiving through the Service; and
- General information regarding the performance of the Provider Equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of KwiKom’s network.
How is Personal Information used for marketing and advertising purposes?
KwiKom will use Personal Information to send Customer marketing and advertising messages related to KwiKom’s Service and website using Customer’s email address, postal address, or telephone number (for voice, texts, and pre-recorded calls). KwiKom may deliver a marketing or advertising message based on Customer visits to KwiKom website, which will be general advertising or “Contextual Advertising,” which is advertising based on the subject matter or the content of the specific website page or subject matter. KwiKom may also send Customer “First Party Advertising,” which is advertising that is customized or personalized based on a history of Customer’s use of our Services (possibly combined with information from our Facebook fan page or other social network platforms). First Party Advertising is based solely on a combination of information KwiKom collects from Customer – not from Customer’s visits to other websites across the Internet.
Customer may opt-out of First Party Advertising but not Contextual Advertising. No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the content or webpage Customer is viewing. And Customer may continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer.
KwiKom does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers
Because KwiKom does not provide network ads, KwiKom does not recognize the “Do Not Track” settings on various Internet browsers. KwiKom does not engage or allow third parties to track you across the Internet and across time for advertising purposes.
Links to other websites and online services
Will KwiKom share Customer Personal Information?
- To Our Affiliates. KwiKom relies on various Affiliates in order to provide the Service to Customers. These are companies that are related to KwiKom by common ownership or control. KwiKom may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or marketing and advertising purposes.
- To Operational Service Providers: KwiKom and its Affiliates contract with other companies and people to perform tasks or services on KwiKom’s behalf and need to share Customer Personal Information to provide products or services to Customers. For example, KwiKom may use a payment processing company to receive and process Customer’s ACH or credit card transactions for KwiKom, or KwiKom may contract with third parties to assist KwiKom in optimizing KwiKom’s network. Unless KwiKom tells Customer differently, KwiKom does not grant its Operational Service Providers any right to use the Personal Information KwiKom shares with them beyond what is necessary to assist KwiKom.
- For Business Transfers/Restructuring: KwiKom may choose to buy or sell assets, or KwiKom may sell assets or be sold. In these types of transactions, customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if KwiKom (or KwiKom’s assets) are acquired, or KwiKom goes out of business, enter bankruptcy, or go through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
- When Required by Law or in Response to Legal Process: KwiKom reserves the right to access, read, preserve, and disclose any Personal Information to which KwiKom has access if KwiKom is required by law or legal process to do so, or if KwiKom has a good faith belief that KwiKom is required by law or legal process to do so.
Is Customer Personal Information secure?
KwiKom endeavors to protect the privacy of Customer’s account and other Personal Information KwiKom holds in its records using reasonable administrative, technical and physical security measures. However, KwiKom cannot and does not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.
Customer’s account is protected by a password for Customer privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of KwiKom Services via Customer’s username and password.
Additionally, if Customer contacts KwiKom, KwiKom will ask Customer for verification of Customer’s identification and account. KwiKom will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from KwiKom or someone that claims they are with KwiKom or Our Affiliates please contact our Privacy Administrator immediately: firstname.lastname@example.org
For KwiKom’s IT Support Services as detailed in our Terms and Conditions of Service, the code that allows KwiKom to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. KwiKom is not able to access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.
What Personal Information can Customers access, modify and/or delete?
Generally, Customer may access the following Personal Information in Customer’s account:
- Full Name
- Email address
- Telephone number
- Billing and Service address
- Account and billing information
By contacting KwiKom at email@example.com, or through any online access portal KwiKom may create to enable Customers to view and modify Customer account settings, Customer may access, and, in some cases, edit or delete the Personal Information listed above. For example, KwiKom may retain historic email, billing and/or Service addresses for security and verification purposes. Customer may not delete such information.
When Customer updates Personal Information, however, KwiKom may maintain a copy of the unrevised information in KwiKom’s records for internal security reasons and recordkeeping. Some information may remain in KwiKom’s records after it is modified, amended or deleted by Customer or KwiKom. KwiKom may use any aggregated data derived from or incorporating Customer’s Personal Information after Customer updates or deletes it, but not in a manner that would identify Customer personally. KwiKom may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer a KwiKom customer as required by KwiKom’s business practices, by law, and/or tax reporting purposes.
The information Customer can view, update, and delete may also change. If Customer has any questions about viewing or updating information KwiKom has on file about Customer, please contact KwiKom at firstname.lastname@example.org.
What third party disclosure choices do Customers have?
Customer can always choose not to disclose Personal Information to KwiKom; however, certain Personal Information is necessary for KwiKom to provide the Service to Customer. Customer may opt out of sharing Personal Information with Our Affiliates only for marketing or advertising purposes, but not for business or operational purposes.
Customer may opt out of email marketing and advertising from KwiKom or its Affiliates using the “Unsubscribe” mechanism in each email. Before KwiKom sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, KwiKom will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. Non-telemarketing pre-recorded calls do not require Customer’s prior express consent in writing, unless they are sent to a wireless device. Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an auto-dialer and are not conditioned on your purchase of the Service. Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message. Customer may opt out of receiving pre-recorded calls by the opt-out instructions in the call. However, Customer will continue to receive calls related to debt-collection and Customer’s current Service. Customer may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above.
Indirect End User Phone Contact Information (Personal Identifiable Information)
KwiKom acts as a data processor with regard to indirect end user personal identifiable information and our Clients act as the data controller of such data. In the course of KwiKom Communications’ processing and protection of such data, all use will be in conformity with the data controller’s instructions.
Specifically, only when enabled via system permission on KwiKom Mobile Android and KwiKom Mobile iOS, KwiKom Communications shows personal contacts within the respective application. When the user sends an SMS message to one of his/her phone contacts, or when the user initiates a call to one of his/her phone contacts, the phone number is sent securely through KwiKom Communications’ API. KwiKom Communications does not store this number with any other PII, and it cannot be directly or indirectly attributed to any person or persons; KwiKom Communications stores only the phone number and pertinent metadata so as to be compliant with all applicable state and federal laws, and KwiKom Communications does not share this data with any advertisers or third parties under any circumstances. A user can revoke phone contact access on his/her mobile device at any time, and his/her app experience is not hindered or interrupted.
KwiKom Mobile Android and iOS also uses Gravatar, only when enabled via Settings and UIConfigs, which is a service that provides avatar images linked to the MD5 hash of the user’s email address. This means that, only when Gravatar use is enabled, we hash each contact’s email address and send it to Gravatar to try and retrieve an avatar image. MD5 hashes cannot be directly or indirectly attributed to any person or persons, and we only send the MD5 hash to Gravatar, never the email address in plain text. As with phone contacts, a user can revoke Gravatar access at any time in Settings or via UIConfig, and his/her app experience is not hindered or interrupted.
If you have any questions or concerns regarding KwiKom’s privacy practices and policies, please contact KwiKom at email@example.com.