At KMS Technology, Inc. (“KMS”), we are committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you visit our website kms-technology.com (the “Site”).

This Privacy Policy does not govern other Web sites or any other data collection, disclosure or usage practices, off-line or otherwise, except as expressly noted. By accessing or using our Site, you agree to the collection and use of information in accordance with this Privacy Policy.

Summary

This is a summary of the personal information that KMS collects regarding the Site, and provides information regarding the categories of information, sources, business purposes, and sharing that certain privacy laws (like those of California) would like us to tell you about. The rest of this Privacy Policy provides further detail.

For Vietnam residents, please read the full KMS privacy policy regarding decree No. 13/2023/NĐ-CP.

The categories of personal information we collect:

• Identifiers (such as contact information and cookies) 
• Customer records information (such as name and other contact information)
• Professional or employment-related information (such as job title and company)
• Internet/electronic activity (such as information regarding interaction with this Site)
• Geolocation data
• Inferences from the foregoing

The categories of sources of the personal information we collect:

• Registrations, sign-ups, forms and other features of the Site
• Cookies and other passive data collection technologies on our Site
• Business cards and other offline contact information
• Third-party analytics and other service providers in connection with our Site 

The business or commercial purposes for which we collect personal information:

• Providing you services and servicing your account
• Marketing our products and services to you, including targeted advertising
• Security and maintenance
• Analyzing and improving our services, systems and business and other quality control
• Complying with law and legal process
• Operating the Site and our business, including short-term transient uses for your interaction with the Site
• Verifying your identity to respond to your requests and inquiries

 

The categories of personal information we share with third parties:

• Identifiers
• Customer records information 
• Professional or employment related information 
• Internet/electronic activity 
• Geolocation data
• Inferences from the foregoing

The categories of third parties with whom we share personal information:

• Service providers: any or all of the categories of personal information 
• Third party businesses: identifiers, internet/electronic activity, geolocation data and inferences
• Government authorities and law enforcement: any or all categories of personal information

Information We Collect & How We Use It

Contact information  

If you have provided contact information as part of subscribing to our communications or through forms or other communications on our Site, we will use that information to send you those communications. You may elect to stop receiving these newsletters or other communications at any time by unsubscribing via the methods available in those communications. 

You may also provide us with your contact information, in a variety of offline ways, such as via a business card, through a lead page at a presentation, or at a conference. Your contact information may be combined with contact information we collect through our Site and otherwise will be held in the same manner as contact information we collect through our Site.

In addition to the “Other Uses” described below, we may store and use the contact information to contact you or your organization for marketing, send you or our organization support information, product and service announcements, and other business communications, to service our Site, and, as necessary, to perform services for you or your organization once you or your organization becomes a customer. 

Cookies and other passive and automatically collected information

We may use cookies to verify your browser and maintain your session. We may also use cookies from third-party partners, such as Google, which may analyze our Site use and allow advertisers to better tailor ads to your preferences.  In general, we use cookies in the following ways:

• to provide the Site
• to authenticate users and protect the security and integrity of the Site
• to help tailor our services and content to you
• to track communications between you and us
• to understand, analyze, improve, maintain and administer the Site
• to advertise to you
• for the “Other Uses” described below

The Site uses the following types of cookies:

• Strictly Necessary Cookies: These cookies are essential for the Site’s basic functioning and cannot be disabled.
• Performance Cookies: These cookies help us analyze how visitors interact with our Site, such as which pages are most popular, allowing us to improve our content and design.
• Functional Cookies: These cookies enable the Site to remember your choices, such as language preferences, and provide enhanced features.
• Targeting/Advertising Cookies: These cookies are used to deliver relevant ads to you on our Site based on your browsing activities.

Certain of our third-party service providers may use IP address and tracking information from cookies on our Site to provide their service to you . Certain third party business may collect IP addresses and other tracking information from cookies on our Site to provide you personalized advertising. These uses are described further in the section below titled “Third Parties”. 

You can manage your cookie preferences by adjusting your browser settings and based on the cookie preference displays on the Site. However, disabling cookies may affect your experience on the Site. If you opt out of using cookies, we may employ a cookie only to help us remember this preference. 

If you would like further information on the cookies we employ, please contact us. Below are some online resources that provide some helpful information on how to change your cookie preferences:

• Based in the EU – http://www.youronlinechoices.eu
• Based in the US – http://www.aboutads.info/choices
• http://www.allaboutcookies.org

Some of these cookies are set by our third party content providers, like Vimeo and YouTube, and those cookies may collect information about your use of their service on our Site. You can disable cookies that they set via our Site and still be able to view their videos on our Site. Please see their cookie policies and privacy policies for more information.

Google Analytics is a web analytics service provided by Google. Google Analytics may use cookies or other means to help us analyze how users use the Site. The information generated by the cookies about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the Site, compile reports on Site activity, and provide other services relating to website activity and internet usage. Google may use the data collected to contextualize and personalize the ads of its own advertising network. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For more information, you can view Google’s Privacy Policy here.

Other Uses

In addition to the uses described above in this Privacy Policy, we may use any information, including your personal information and passive and automatically collected information, to the extent reasonably necessary for any one or more of the following purposes: 

• maintaining or analyzing the functioning of the Site,
• performing network communications,
• authenticating users of the site or personalizing content,
• protecting the security or integrity of the users or the Site,
• responding to judicial process, law enforcement or for legal or regulatory compliance

You understand and agree that technical processing of your information is and may be required (a) to send and receive messages regarding your use of the Site; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of our Site; and (d) to conform to other, similar technical requirements.

Third Parties

Third parties may use your data to operate or host the Site or the computers that operate the Site, store or process data for us, to help us analyze interaction on our Site or with our contacts, to provide services related to the information requests that you have submitted or communications we provide to you, and to advertise to you.

We use third parties such as SalesForce and HubSpot to capture and store contact information that you provide to us. We have agreements with these companies that protect the use of your information. 

Some third parties who provide media and content on our Site, such as YouTube and Vimeo, may also collect information themselves when you interact with their service, including through cookies they set; you should review their policies and uses when interacting with their services. 

We share with third parties or allow certain third parties to collect device information and usage information through cookies or other passive collection means (see the section above titled “Cookies and other passive and automatically collected information”). These third parties use this information to tailor the ads you see, including about KMS, using information collected about you over time based on your visits to our Site and other visits across their networks and participating websites/services. 

Some advertising and analytics vendors combine information they gather about you through our Site with information they receive from others in order to target ads to you across other services and to improve their own services (for example, we use Google Analytics as described in the section above titled “Cookies and other passive and automatically collected information”).

We don’t knowingly sell or share (for cross-context behavioral advertising) the personal information of consumers under 16 years of age. 

Legal Basis for Processing Your Information

We rely on the following legal bases to process your personal data:

• Consent: We may ask for your consent to process certain types of personal data.
• Contractual Necessity: To fulfill our contractual obligations to you.
• Legitimate Interests: To improve our Site and deliver marketing content that may be of interest to you.
• Legal Obligations: We may process your data as required by law.

Data Retention

We retain your personal data only for as long as necessary for the purposes outlined in this Privacy Policy. If you request to delete your data, we will do so unless we are legally required to retain it. However, when you unsubscribe from marketing communications, we may keep your email address to ensure that we do not send you any more marketing communications.

Choice

Our intent is only to use your information in compliance with applicable law, and that includes giving you a choice on how and if your personal information is used. We provide options about how the personal information that you provide us may be used. You may choose the types of communications you want to receive from us as may be indicated in the email or other communication you have received. 

In some jurisdictions, you may have legal rights regarding your personal data, including the rights to request access to, deletion of or modification of your personal data, to request a copy or transfer of your personal data, and to withdraw consent to future processing, and to object or restrict certain processing. For example, in the European Union and the United Kingdom, you have the right to object to or the processing of your personal information under certain circumstances such as automated decision-making; and where the processing is based on your consent, you have a right to withdraw that consent at any time for future processing. 

As described in the above in this Privacy Policy (see the sections titled  “Cookies and other passive and automatically collected information” and “Third Parties”) we share information with third parties that personalize advertising to you. You have the choice to prevent these cookies and to opt out of the sale of or sharing of your personal information for targeted/cross-contextual behavioral advertising. Please see the section titled “Do not sell or share my personal information” for further information. 

Under the laws of some US states, you have the right to opt out of processing of personal data for targeted advertising purposes, and in some US states, such as Virginia and Texas, you have a right to appeal our refusal regarding your request for access, change, or deletion provided under those laws. Residents of some US states have the right to lodge a complaint with its designated supervisory authority. Please refer to guidance provided by your relevant supervisory authority for further information.

Some of the uses of your information are necessary for the service we provide through the Site or for the reason you provided us with the information, and if you don’t want your information used in certain ways, it may prevent you from using the service we provide on our Site.

To exercise these rights, including right of appeal, please contact us at legal@kms-technology.com.

Do not sell or share my personal information

You may opt-out of the sale of your personal information or sharing of your personal information for cross-context behavioral advertising or targeted advertising by following the instructions on our “Your Privacy Choices” page as described below. 

If you (or in applicable states, your authorized agent) would like to opt out of our use or disclosure of your information for purposes of cross-context behavioral advertising/ targeted advertising, you can follow the steps at our “Your Privacy Choices” page. You can also contact us directly at legal@kms-technology.com. Opting out only applies to your current web browser on your current computer. Ordinarily, if you use multiple computers or multiple web browsers, you must opt out on each one. Opting out may also depend on the cookies you allow on your browser; if you delete your browser’s saved cookies, you may need to opt out again.

Location and transfer

KMS is located in the United States, Vietnam, and Mexico. By providing us with information, you are consenting to its transfer to us in those countries. Information that we collect from you may be transferred to and stored at a destination outside the United States, the European Economic Area (“EEA”), or the country in which you are located. The personnel who use your information as part of the practices described in this Privacy Policy may also be located outside the United States, EEA or the country in which you are located.  By submitting your personal information, you agree to this transfer, storing and processing. As noted above, Vietnam residents should read the full KMS privacy policy regarding decree No. 13/2023/NĐ-CP.

Security of Your Information

We take the security of your personal data seriously and use appropriate technical and organizational measures to protect it from unauthorized access, loss, misuse, or alteration. We maintain, or use third parties to maintain, physical, electronic, and managerial procedures designed to safeguard the information we collect through the Site.

Changes

We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated date. We encourage you to review this Privacy Policy periodically to stay informed about how we are using and protecting your data.

Contact Information

All inquiries regarding this Privacy Policy, your rights under it, or use, removal or updating your information, should be directed to legal@kms-technology.com.