Last Updated: March 4, 2019
Section 1. Definitions
1.1 “Kynetics” means the entity Kynetics, LLC.
1.2 “Services” means the any and all services and hosted software applications provided by Kynetics, including but not limited to, Kynetics’ Update Factory, Kynetics’ Enterprise Data Gateway (EDGE), Kynetics’ ViBE, Kynetics’ website and any other software services offered by Kynetics.
1.3 “You” means yourself and any entities you represent.
1.4 “Products” means firmware, custom operating system or agent service that is programmed onto any certain physical product/hardware such as commercial off the shelf computer boards or other development kits.
1.5 “Third Party Products” – includes but is not limited to applications, websites, APIs, software, or hardware that interacts with, uses or connects to any Kynetics Products or Services.
1.6 “Website(s)” means any web domains owned, operated, branded or co-branded by Kynetics, LLC, Websites include Kynetics’ “www.kynetics.com”, docs.updatefactory.io, and any other website that Kynetics owns.
Section 2: How Kynetics Collects Data
2.1 Kynetics collects certain data from visitors to Kynetics Websites in order to continuously improve and enhance our customer’s experiences. This data is collected via the following methods:
2.1.1 Kynetics, like many other websites, will store session information (often called “Cookies”) in your browser that will help Kynetics to identify information such as browsing activity, IP addresses and page view order. You do have the option to not use these Cookies; the majority of browsers will have a “help” tool that will help you to prevent Cookies if you want to, but Kynetics recommends you keep Cookies active as it will provide a better user experience on Kynetics’ Websites.
2.1.2 When You visit Kynetics Websites, Kynetics web servers automatically log typical website analytic data from visitors to our site. This data, which may include details such as browser type, IP addresses, site visit length and referral URL, is used for systems administration, detecting use patterns and generally improving customer experience.
2.1.3 Kynetics sees and logs non-personally identifiable data when You use Kynetics Services. Kynetics logs this data in our system and stores it on Third-Party servers. The only identifiable information this data is connected to will be the account details You supplied or were provided to you by Kynetics during the account creation process.
2.2 Information You provide
2.2.1 When You create an account with Kynetics, You provide us with data that includes an email address and password. Kynetics may also give you the option to voluntarily share other data with us that is connected to your account. If any of these details change, You may update your account at any time and modify, correct or delete your account details.
2.2.2 If you are connecting a Product to Kynetics’ Update Factory, You will be required to identify various parameters including but not limited to: URL and Tenant ID, and in some cases a security token and other account credential information. This information exists only locally, and Kynetics does not have access to it. When You connect a Product, a specific controller ID will be sent to Kynetics’ Update Factory, after which Kynetics will be able to match a specific device to Your account details.
2.3 Information provided by third parties
2.3.1 At times Kynetics may collect information from Third-Parties that use our Services or Products. They may provide us with Personal or Anonymous Data that we will use to continue to improve our Services and Products.
Section 3: How is data used by Kynetics?
3.2 Email addresses and any other information supplied by You may also be used by Kynetics to respond to emails, phone calls and requests. In addition Kynetics may use the data that identifies the devices associated with Your account to provide information and technical assistance to You. For example, Your email address and device details may be used to respond to a technical support question that You send to Kynetics.
3.3 Kynetics may collect and create anonymous data by excluding personally identifiable information. Kynetics reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties at its sole discretion.
3.4 To process your credit card payment or prevent or detect fraud.
Section 4: How is data kept secure?
4.1 Kynetics uses Secure Socket Layer (SSL) encryption on the APIs (Application Programming Interface).
4.2 Data collected by Kynetics via its Websites and Services is stored on secure third-party servers.
Section 5: When is data shared?
5.1 Kynetics may at some point have a third-party process or analyze some of the data we have collected.
5.2 When appropriate, Kynetics may share data with entities and persons who are actively doing business with Kynetics and have entered into a contract with Kynetics, LLC (such as companies that have created “Powered by Kynetics” products). A company of this sort will have access to the data generated by individuals who are users of the product created and sold by said company.
5.3 Kynetics may share aggregated or anonymous data publicly or as described above in section 3.3
5.4 Kynetics will share personal information with companies, organizations or individuals outside of Kynetics if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
5.4.1 Meet any applicable law, regulation, legal process or enforceable governmental request.
5.4.2 Enforce applicable Terms of Service, including investigation of potential violations.
5.4.3 Detect, prevent, or otherwise address fraud, security or technical issues.
5.4.4 Protect against harm to the rights, property or safety of Kynetics, our users or the public as required or permitted by law.
Section 6: Payment Data
If you purchase any of our Service Subscriptions (as defined in the Terms of Service), your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service Subscriptions. In addition, the payment processors generally provide us with some limited information related to you, such as your card’s type, expiration date, and certain digits of your card number.
If you choose to pay by invoice, Kynetics Properties may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices and to send you invoices.
Section 7: Additional Information
7.2 Kynetics will not intentionally gather information from children under the age of 13.
7.4 The section headers in this agreement are for structure only.