KISSmetrics Privacy Policy
As used in this Privacy Policy, “KISSmetrics” refers to all websites (including http://www.kissmetrics.com and http://blog.kissmetrics.com/), properties, and services owned or operated by Space Pencil, Inc., aka KISSmetrics.
This Privacy Policy is part of KISSmetrics’ Terms of Use and describes the privacy practices of KISSmetrics. It explains when and how KISSmetrics collects end user and client information, including Personally Identifiable Information (defined below), how we use such information, and the circumstances under which we may disclose such information to others.
By visiting the KISSmetrics website, visiting a KISSmetrics client website that provides notice of its use of KISSmetrics and/or this policy, or registering for our service, you acknowledge that you accept and consent to the practices outlined in this Privacy Policy.
Please note that this Privacy Policy does not apply to the practices of companies other than KISSmetrics, or to individuals whom KISSmetrics does not employ or manage, including any of the third parties to which KISSmetrics may disclose Information as set forth in this Privacy Policy. Please refer to the privacy policies of these third parties for information concerning their privacy practices.
What Types of User Information Does KISSmetrics Obtain?
Visitors to the KISSmetrics Website
If you are a visitor to the KISSmetrics website or a KISSmetrics client (“Client”) who registers or signs into the KISSmetrics website (including for purposes of obtaining a free trial of KISSmetrics’ services), we may obtain the following types of information from you or concerning your computer or device (“KISSmetrics Client Information”), which may include information that can itself be used to identify and/or contact you (“Personally Identifiable Information”):>
- Name
- Email Address
- Phone Number
- Website Name and URL
- Credit Card Number
- Billing Address
- Visitor Site Preferences
KISSmetrics may also receive certain information that may be provided by your browser or mobile device, including:
- Browser Information
- Operating System Information
- Mobile Device Information (e.g., device identifier, mobile operating system, etc.)
- IP Address
- Pages Accessed
- Time of Visit
- Time of Last Visit
- Referring Site, Application, or Service, including the relevant Search Queries that led you to KISSmetrics’ Website
Visitors to the KISSmetrics Blog
If you wish to access certain functions within the KISSmetrics Blog, such as posting comments or registering for webinars, we may ask you to provide information, including:
- Name
- Email Address
- Your Website
Visitors to KISSmetrics’ Clients’ Websites
Our Clients may use customized and proprietary KISSmetrics’ code, software and/or services (“Service”) to obtain information regarding the activities that users engage in while visiting their web pages (“Client’s User Data”). When a user visits a website that uses KISSmetrics’ Service, KISSmetrics code contained on the website contacts KISSmetrics’ servers and enables KISSmetrics to collect Client’s User Data. Some Clients may also use their own code to obtain Client’s User Data and then send such information to KISSmetrics’ servers.
Client’s User Data is stored on KISSmetrics’ web servers and databases for use in performing analysis and producing reports for the KISSmetrics Client only. Please note that KISSmetrics itself uses the KISSmetrics Service in order to obtain insights into visitors’ activities on http://www.kissmetrics.com and http://blog.KISSmetrics.com/.
KISSmetrics’ collection and analysis of Client’s User Data helps our Clients to evaluate and understand how their users are interacting with their websites, and potentially, to modify their websites in order to make them more valuable or useful for their users. KISSmetrics’ Clients determine the types of Client’s User Data that are sent to KISSmetrics’ servers for analysis. This data may include or be linked to Personally Identifiable Information depending on how the Client uses KISSmetrics’ Services on its website(s).
In addition, KISSmetrics may collect certain information about a Client’s Visitor’s computer that may be provided by the Visitor’s browser. This includes browser information, operating system information, mobile device information, IP address, time of visit, and the referring site, application, or service. Such information is collected even though not determined not determined by the Client.
Because Clients have the sole discretion to determine what Information KISSmetrics collects about or from the Clients’ users, this Privacy Policy does not apply to any Client’s User Data, including Personally Identifiable Information, that KISSmetrics may collect, obtain, or access in connection with operating the KISSmetrics Service.
How Do We Use This Information?
Visitors to the KISSmetrics Website
We use the KISSmetrics Client Information, including Personally Identifiable Information, to register your account, fulfill your requests, understand how you are engaging with KISSmetrics, communicate with you, determine if you are satisfied with the Service, process billing for KISSmetrics Services, and personalize your experience on the KISSmetrics website and with the KISSmetrics Service.
We may also use KISSmetrics User Information to facilitate the delivery of content or advertisements that we believe may be of interest to you, or to communicate with you about new or existing products and services or special offers. For more information on opting out of these communications, please see the section on “User Privacy Controls” below.
Visitors to the KISSmetrics Blog
We may use information you voluntarily provide when visiting the KISSmetrics blog to send you e-mail communications, such as information on upcoming webinars, and to understand how you are engaging with and perceive KISSmetrics’ Services.
Visitors to KISSmetrics’ Clients’ Websites
Except as described in the “Disclosure of Information to Third Parties” section below (Insert LINK), KISSmetrics never sells or shares any Client’s User Data with individuals or companies other than the specific Client whose website transmitted the Client’s User Data to KISSmetrics.
KISSmetrics does not collect or aggregate information about end user behavior across multiple, different websites that are operated by different Clients, nor does it use any Client’s User Data for purposes of behavioral advertising. However, KISSmetrics may analyze Client User Data in the aggregate for purposes of internal research and/or to determine overall trends or metrics concerning how users are engaging with websites, and may report such general trends publicly, without disclosing any Client User Data.
Our Client’s Use of KISSmetrics
KISSmetrics contractually requires its Clients to abide by all applicable laws, rules and regulations, including laws relating to privacy and data collection. KISSmetrics also contractually requires its Clients to obtain any necessary consents from visitors to its website(s) for the Client’s use of KISSmetrics’ services, and to post an online privacy policy that provides each visitor with clear notice of its practices regarding data collection, use, and disclosure (including the Client’s use of KISSmetrics), along with a link to the KISSmetrics Privacy Policy and to the KISSmetrics Service Opt-Out (discussed below).
KISSmetrics has no control over its Clients’ activities or the disclosures made by its Clients in their privacy policies or on their websites, however, and it cannot be held responsible for any Client’s failure to make these disclosures on its website or for any Client’s use or collection of Client’s User Data that is not permitted under this Privacy Policy or otherwise. For more details on the terms that apply to our Clients’ use of the KISSmetrics Service, please see Section 4 (“Privacy”) in the KISSmetrics Terms of Use.
KISSmetrics’ Use of Cookies and Web Beacons
Cookies
KISSmetrics uses cookies (small text files that KISSmetrics stores locally on your computer) on our Client’s websites for one or more of the following purposes: to help identify unique visitors and/or devices; assess usage patterns and perform traffic analysis; identify visitor preferences; conduct A/B testing; diagnose problems with our servers, and otherwise administer the KISSmetrics Service. KISSmetrics does not use methods such as browser cache, Flash cookies, or eTags, for acquiring or storing information about end users web browsing activity on Client websites or otherwise.
Depending on how our Clients use KISSmetrics’ Services, information contained in KISSmetrics cookies placed on the computers of end users may be linked to Personally Identifiable Information in KISSmetrics’ database. This allows our Clients to use the KISSmetrics Service to better analyze and measure their users’ interactions with their website and to organize activities by the same user on their website across time.
If you do not wish to have KISSmetrics place and use cookies on your computer, you should set your browser preferences to refuse all cookies before accessing KISSmetrics or other websites that may use KISSmetrics. KISSmetrics is not responsible for any failure by you or your browser to accurately implement or communicate your browser preferences or settings. In addition, please be aware that even if you configure your browser settings to reject all cookies, your activity on KISSmetrics client websites will still be recorded by our Service, unless you opt out of our Service as set forth below. However, your rejection of all cookies will prevent KISSmetrics from determining whether or not someone using your computer has previously visited the website, i.e., whether or not the visitor is a “unique” visitor.
Please note that if you set your browser to reject cookies, some features of the websites you visit may be unavailable. For more information on how to reject cookies, see your browser's instructions on changing your cookie settings. Additionally, please note that rejecting cookies may also prevent you from opting out of our Service because that involves placing an opt-out cookie in your browser.
If you do not elect to set your browser preferences to refuse cookies, you consent to have cookies, including cookies used by KISSmetrics, placed on your computer when you visit our Client’s websites.
Web Beacons
KISSmetrics may also collect certain information using Web Beacons. Web Beacons are electronic images that may be used on KISSmetrics’ Website, in KISSmetrics’ Service, or in our email communications. They are used, for example, to count website visits or to tell if an email has been opened and acted upon.
Disclosure of Information to Third Parties
Service Providers
Information, including KISSmetrics Client Information, Client’s User Data, and any Personally Identifiable Information contained therein, may be shared with certain third-party companies and individuals that help facilitate technical and administrative aspects of the KISSmetrics Service (e.g., credit card processing), or perform functions related to the administration of KISSmetrics (e.g. hosting services). These third parties perform tasks on our behalf and are contractually obligated not to disclose or use KISSmetrics User Information or Client’s User Data for any other purpose, and to employ adequate security measures to prevent unauthorized access to such data. However, KISSmetrics is not responsible in the event that Personally Identifiable Information is disclosed at a result of a breach or security lapse by any such third party.
KISSmetrics Partners
If you are a KISSmetrics Client that signed up through our Partners Program, your KISSmetrics Client Information may be shared with the Partner Program member that signed you up for KISSmetrics’ Service. These Partner Program members may use that information to help you setup, adjust, manage, and cancel your account with KISSmetrics.
Law Enforcement and Legal Process
KISSmetrics also reserves the right to disclose any KISSmetrics Client Information or Client User Information (including Personally Identifiable Information) to: (i) comply with any law, regulation, or legal request; (ii) enforce, apply, or investigate breaches of the Terms of Use or other agreements; (iii) respond to client requests; or (iv) protect the rights, property, user experience, or safety of KISSmetrics, our employees, our users, or others.
Change of Control
If KISSmetrics, or substantially all of its assets, is acquired by another company or successor entity, KISSmetrics Client Information and/or Client’s User Data will be one of the assets transferred or acquired by the purchaser or successor. You acknowledge that such transfers may occur, and that any purchaser of or successor to KISSmetrics or its assets may continue to collect, use and disclose your information acquired prior to such transfer or acquisition as set forth in this policy.
User Privacy Controls
Clients and Visitors to the KISSmetrics Website
KISSmetrics offers several ways for you to update or delete Personally Identifying Information that is obtained and stored by KISSmetrics, or to change your KISSmetrics communication preferences:
- If you have an online account with KISSmetrics, you can log in, update your account information, and request to close your account here.
- You may unsubscribe to any of our e-mail or direct message communications regarding updates or products by following the unsubscribe instructions in the body of any message.
- You may contact us at privacy@kissmetrics.com
Visitors to KISSmetrics’ Clients’ Websites
If you wish to opt out of KISSmetrics’ collecting Client User Data when you visit KISSmetrics’ Client Websites, please see the KISSmetrics Tracking Opt-Out Instructions. Please note that if you use a different device or Internet browser than you used when opting out of KISSmetrics’ Service, or if you clear your cookies, KISSmetrics will not be able to view the opt-out and will collect Client’s User Data when you visit KISSmetrics Client websites In these circumstances, you will need to revisit the link above from the new browser or device in order to reiterate your opt-out decision for that device or browser.
Email Communications
We may contact you by e-mail or other equivalent electronic communications if you access KISSmetrics products or services. By registering or using KISSmetrics Services, you specifically consent to the receipt of these e-mail or text message communications. If you do not want to receive emails or other communications from us, please follow the unsubscribe instructions in the body of such communications or notify us by email at privacy@kissmetrics.com.
How We Protect Your Personal Information
KISSmetrics has implemented reasonable security mechanisms to protect KISSmetrics Client Information and Client’s User Data that is maintained on KISSmetrics’ servers from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, high security public/private keys, encryption on processed data, and SSL encryption to protect transmission of data.
However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access KISSmetrics Client Information and Client’s User Data in spite of these measures. KISSmetrics cannot guarantee the security of your information and cannot be held responsible for unauthorized access to KISSmetrics client accounts.
Our Policy Toward Children
Our Site and Service is not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13 or from websites that are targeted to children under 13. If you are under 13, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at privacy@kissmetrics.com. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our servers.
Changes to this Privacy Policy
KISSmetrics retains the discretion to amend or modify this Privacy Policy from time to time. If we make material changes to the way we collect, use or disclose Personally Identifying Information, we will notify you by posting a clear and prominent announcement on KISSmetrics or through a direct communication to your KISSmetrics account.
Use and disclosure of information we obtain is subject to the later of: (1) the Privacy Policy in effect at the time such information is collected or (2) any subsequent Privacy Policy of which you have constructive notice. Your continued access to or use of KISSmetrics following constructive notice of material changes to this Privacy Policy shall constitute consent to any amendments and/or modifications.
How to Contact Us
KISSmetrics welcomes any questions or comments about this Privacy Policy or our privacy practices. Any such comments or questions should be submitted via e-mail to: privacy@kissmetrics.com.
Effective Date of this Privacy Policy
This Privacy Policy is effective as of February 01, 2013.
