Privacy Policy

KxEngage TERMS OF SERVICE

 

This document (these "Terms of Use" or "Terms") describes the terms under which KxEngage Limited offers each individual or entity (hereinafter, "Customer") access to various Software-as-a-Service solutions through the KxEngage website and KxEngage-branded mobile device applications (the "Site").By accessing the Site or any content found on the Site, you agree to comply with and to be bound by the Terms set out below, including the policies and guidelines linked to (by way of the provided URLs) from these Terms. If you do not understand or agree with these Terms, please do not use the Site or the Services (as defined below).

 

1. TERMS OF USE ENFORCEABILITY.

You acknowledge and agree that you have freely and voluntarily entered into these Terms of Use for HeyHub.com / heyhub.com (the “Site”), have read and understood each and every provision, and any interpretation of these Terms of Use shall not be construed against us because we drafted these Terms of Use.

2. DISCLAIMER.

You acknowledge and agree that the site and its contents are provided on an “as is”, “as available” basis and we do not make any, and hereby specifically disclaim any, representations, endorsements, guarantees, or warranties, express or implied, regarding the site or its contents, including, without limitation, any regarding or arising from: (i) merchantability, fitness for a particular purpose, title, or noninfringement of intellectual property rights; (ii) course of dealing, course of usage, or course of performance; or (iii) timeliness, accuracy, reliability or content of the site and any information provided through the site under this agreement. Without limiting the generality of the foregoing, we disclaim any warranty regarding the profitability of transactions executed on the site or the results to be obtained from the use of the information on the site, and information on the site is not intended to provide legal, financial, accounting, tax or other advice, and should not be relied upon as professional advice.

3. LIMITATION OF LIABILITY.

We are not liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages (collectively, the “damages”), arising out of your use or inability to use the site. This provision entitled “limitation of liability” applies regardless of: (a) our negligence; (b) our gross negligence; (c) any failure of an essential purpose; and (d) whether such liability arises in negligence, contract, tort, or any other theory of legal liability. This provision entitled “limitation of liability” applies even if we have been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. We are not responsible and not liable for any information, products, or services provided by other web sites that link to or from the site.

4. YOUR USE OF THE SITE.

 

4.1 Your Right to Use the Site.

We grant you a non-exclusive, personal, and revocable right to access the Site.

4.2 Passwords.

You are responsible for protecting the confidentiality of your password(s), and for the acts and omissions of any third party that accesses the Site through use of your password, as if such acts and omissions were your own.

4.3 Changes to the Site and Premium Features.

We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

5. CHANGED TERMS.

We shall have the right at any time to amend these Terms of Use, effective immediately upon notice on the Site, and any use of the Site by you after notice is subject to these new amendments. Please note that access to premium site features may be subject to a fee and additional agreement(s), which we will provide to you for your approval before charging you.

6. EQUIPMENT.

You must obtain, pay for and maintain all software, hardware and anything else needed to use the Site.

7. YOUR CONDUCT.

 

7.1 Lawful Purposes.

You shall use the Site for lawful purposes only.

7.2 Intellectual Property.

The Site contains copyrighted material, trademarks and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, music and sound. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original, granted or assigned to us. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, publicly distribute, publicly display, reproduce, publicly perform, or in any way exploit in any format whatsoever (including, without limitation, print and electronic formats) any of the Site content, without our prior written authorization. This material includes, but is not limited to, the design, layout, look, appearance and graphics. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

7.3 Works and Material You Submit to the Site.

You shall not upload, post or otherwise make available on the Site any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with you. You are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all works or material submitted by you to the Site, you automatically grant, or warrant that the owner of such material has expressly granted, us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such works or materials. Except as limited under applicable law, and subject to any functionality on the Site allowing you to restrict access, you also permit any other Site user to access, view, store or reproduce the works or materials consistent with the provision entitled “Your Right to Use the Site.

7.4 No Unauthorized Access and Unauthorized Activities on the Site.

The Site is only publicly available for the authorized uses described in these Terms of Use. Access to the Site is not authorized for any activities that interfere or have the potential to interfere with our possessory interest in the Site. Unauthorized activities, include, but are not limited to: any access and use of the Site for automated access, screen or data scraping, data acquisition and consolidation, automated offers; using the Site in an attempt to break security, or so as to actually break security of any computer network (including, without limitation, the Site itself); using the Site for unauthorized relays through any third party systems; attempting, in any way, to interfere with or deny service to any user or any host on the Internet; using the Site to engage in unsolicited commercial email, or to add or attempt to add addresses to any mailing list (yours or a third party’s); using the Site to engage in flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s), or any other denial of service attacks; furnishing false data on your sign-up form, contract, or online application, including, without limitation, providing fraudulent payment information; actively engaging in or authorizing making the Site or any portion available as part of a “co-branded” or “private label” web site, web service, or Internet access service, or as part of a “channel” through a software or Internet service, or similar arrangements or relationships that offer or provide access to the Site from or through other web sites, web services, or Internet access services.

8. MONITORING.

We have the right, but not the obligation, to monitor the content of the Site, to determine compliance with these Terms of Use, any other agreement between you and us, and any operating rules established by us, as well as to satisfy any law, regulation, authorized government request, or trade association guideline. We have the right to edit, refuse to post or remove any material submitted to or posted on the Site. You acknowledge and agree that any communication or material you post or transmit to the Site is, and will be treated as, non-confidential and non-proprietary. Without limiting the foregoing, we shall have the right to remove any material that we find violates these Terms of Use, may cause liability for us, or is otherwise objectionable.

9. TRADEMARKS.

The following trademark(s) are owned by us, all rights reserved: KxEngage Limited. All other trademarks appearing on the Site are the property of their respective owners. You gain no rights of any nature whatsoever in our trademarks, service marks or trade names through your use of the Site.

10. NO ENDORSEMENT OF SITE CONTENT.

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on or off the Site by anyone other than one of our authorized employee spokespersons while acting in their official capacities. It is the responsibility of you to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or through a Site user. Advice of a professional may be necessary for you regarding the evaluation of any specific information, opinion, advice or other content.

  11. ORDER FORMS. 11.1 These Terms are incorporated by reference into each order form, proposal, Statement of Work, online form, or other ordering document in whatever medium that incorporates the terms of this Agreement by reference (each an "Order Form") executed by the company or individual identified as the "Customer" therein and KxEngage pursuant to which KxEngage agrees to license and provide the Service to Customer, as upgraded from time to time, during the Term and in exchange for the fees specified therein.

 

11.2 These Terms, together with the Order Form, comprise a binding written agreement between Customer and KxEngage, effective as of the date of mutual execution of the Order Form by KxEngage and Customer (this "Agreement"). KxEngage may amend these Terms at any time in its sole discretion, effective upon posting the amended Terms at the domain or subdomains of KxEngage, where the prior version of the Terms was posted, or by communicating these changes through any written contact method we have established with Customer.

 

11.3 In the event of any conflict between the provisions contained in an Order Form and these Terms of Use, the provisions in the Order Form shall control (provided, however, that the fact that a provision appears in an Order Form but not these Terms of Use, or in these Terms of Use but not the applicable Order Form, shall not be deemed to be a conflict for purposes of this sentence). 12. PRICE AND PAYMENT. 12.1 Customer agrees to pay all fees and other charges in accordance with this Agreement. All fees are due immediately from invoice date. If Customer does not pay the fees or other charges when they are due, then a daily finance charge at a per annum rate of seven percent (7%) above the base lending rate of the European Central bank for the period beginning on the date on which payment was due and ending on the date on which payment is made will be assessed. Except where prohibited by applicable laws, if Customer pays any fees due hereunder via credit or debit card, then KxEngage reserves the right to charge Customer a surcharge of three percent (3%) of the total amount due hereunder, and Customer hereby consents to such charge being made against the credit or debit card provided by Customer. As an example, if the Order Form Term spans three years, Customer will be charged the annual amount three times.

12.2 If Customer exceeds the contracted level of Services during the Term of this Agreement, Customer will be charged as specified in the Order Form, or if not specified, using the then-current rates for the overage. Where no limits for usage of Services are explicitly given in the Order Form, limits will apply as specified by product earlier in this document.

 

12.3 Customer is responsible for all taxes, charges or duties including, without limitation, sales, use, value added, royalty or withholding taxes imposed by a federal, state, provincial, local or other government entity on Services provided under this Agreement, excluding taxes based on KxEngage's net income.

 

12.4 KxEngage reserves the right to increase recurring fees payable hereunder at any time upon sixty (60) days prior written notice provided that such increase is no greater than the Annual Price Cap as defined in the applicable Order Form.

  13. TERM.

The Term of this Agreement is given on the top of the Order Form. If the Term spans several years and the Order Form specifies annual fees, then fees are due in each year of the Order Form ("Contract Year") or as otherwise specified. If the Order Form provides for automatic renewal, the Order Form will renew at the end of its Term as specified (and not on a per year basis) for another Term, equal to the length of the Term specified in the Order Form, unless either party provides timely notice of nonrenewal as specified in the applicable Order Form. If the Order Form specifies a certain number of billable instances annually, then this limitation pertains to each year of the Term, unless otherwise specified. Unless otherwise provided in the Order Form, if Customer continues to use the Services beyond the Term, the Order Form will renew for another Term at then-current rates.

14. TERMINATION.

 

14.1 In the event of non-payment by the Customer, KxEngage may accelerate and declare all sums due, and to become due under this Agreement, immediately payable without notice or demand. All accelerated future payments due under this Agreement shall be discounted to their net present value at a discount rate of 5% per annum from the day of default. If Customer fails to pay fees when due, then Customer shall also be liable for all fees due during the term of the Order Form and any additional expenses (including but not limited to reasonable attorneys' fees and accrued interest) KxEngage incurs in collecting such delinquent fees.

 

14.2 In the event of non-payment by the Customer, KxEngage reserves the right to restrict access to the Services upon five (5) business days' prior written notice. Customer agrees that such restrictions do not modify the amounts due under their Order Form.

 

15. SUBSCRIPTION RIGHT.

14.3 Subject to the terms and conditions of this Agreement, during the Term of the applicable Order Form, KxEngage will provide Customer with a worldwide, non-exclusive, non-transferable and revocable subscription right to access and use the KxEngage System as upgraded from time to time. Customer may use the KxEngage System only for purposes of performing its internal business operations or its clients' business operations outsourced to it. Customer may not use the KxEngage System as part of a commercial time-sharing or service-bureau operation or in any other resale capacity. Except for the foregoing subscription right, no other rights in the KxEngage System are granted to Customer hereunder, and the KxEngage System is and will remain the sole and exclusive property of KxEngage and its licensors, if any, whether the KxEngage System is separate or integrated with any other products, services or deliverables.

  15. RESPONSIBILITIES OF PARTIES.

15.1 Customer is responsible for any use of the Services, including without limitation for any data, submissions, materials and content (including the adequacy and accuracy thereof) uploaded to or transmitted using the Services by it or its employees, agents or authors. Customer is responsible for the backup of its data used in conjunction with the Services.

15.2 Customer represents and warrants that all data, submissions, materials and content ("Customer Data") it provides for use with the Services is owned by Customer or Customer has the right to provide such Customer Data to KxEngage for use with the Services. Customer also represents and warrants that any use or transmission of Customer Data does not and shall not violate or infringe the intellectual property, privacy or publicity rights of any third party, and Customer shall defend, indemnify and hold KxEngage harmless from and against all claims, damages, liabilities, fines, costs and expenses including reasonable legal fees incurred by KxEngage or which are agreed by KxEngage to be paid by way of settlement or compromise, arising out of any third-party claim due to a breach of the foregoing representations and warranties or any violation of applicable law by Customer. Customer shall not be entitled to settle or compromise any such claim made against KxEngage without KxEngage's prior written consent, such consent not to be unreasonably withheld.

 

15.3 KxEngage will assign Customer one or more user IDs and passwords that will enable Customer to access the Services. Customer shall take reasonable precautions to protect against theft, loss or fraudulent use of such IDs and passwords, and Customer is solely responsible for any losses arising from another party's use of such IDs and passwords, either with or without Customer's knowledge. Customer agrees that it will use the Services only for lawful purposes and in accordance with these Terms of Use. Customer shall not reverse engineer, disassemble or decompile the Services or cause or permit the reverse engineering, disassembly or decompilation of the Services. KxEngage and Customer will each comply with applicable laws and regulations including applicable security breach notifications laws, provided that KxEngage is not responsible for compliance with laws or regulations applicable to Customer or Customer's industry that are not also generally applicable to information technology service providers.

 

15.4 Customer represents and warrants that it, its affiliates, and their employees, agents, representatives, and any entity or persons having effective control over Customer, is not subject to or resident in any country subject to economic or trade sanctions by the U.S. State Department and/or OFAC or are listed as a "Specially Designated National," a "Specially Designated Global Terrorist," a "Blocked Person," or similar designation under the OFAC sanctions regime. Any breach of this section shall be deemed a material breach of this Agreement and KxEngage may immediately terminate Customer's Agreement.

  16. OWNERSHIP AND USE OF DATA.

16.1 Customer grants KxEngage a limited, non-exclusive right to use the Customer Data (including copyright, trademark, patent, publicity or other rights) and to disclose Customer Data to third party service providers for KxEngage to operate the Services. Customer also grants KxEngage permission to use Customer images that are posted on the Site for purposes of advertising and promoting KxEngage, including without limitation, marketing, training, or investment materials. Customer retains any and all rights it may possess to Customer Data provided by Customer to KxEngage through the KxEngage System or collected from others by KxEngage on behalf of Customer. Such Customer Data will only be used by KxEngage as reasonably required for providing Services as contemplated hereunder and in accordance with KxEngage's Privacy Polic) and all applicable data privacy laws and regulations laws (including the EU General Data Protection Regulation (GDPR) as and when it becomes enforceable on May 25, 2018) (collectively, "Data Privacy Policy and Rules"). Both KxEngage and Customer will comply in all material respects with the Data Privacy Policy and Rules, and will provide such help and cooperation as is reasonably necessary or requested to the other to comply with the same. Unless we have Customer's permission, KxEngage will not disclose or share personally identifiable information collected on the Site with any third party (except as required by law, pursuant to a governmental request, or for the purposes of providing Customer the Services). KxEngage may retain offline copies of Customer data on backup media for archival purposes for a reasonable period of time following expiration or termination of any Order Form.

 

16.2 Data, including, but not limited to, hotel information, program information, contact information, and other related data, may be provided by Customer in order to facilitate their use of the Service. In some cases, this data is provided directly to KxEngage by Customer, through manual entry or electronic interfaces, where it is stored in a secure environment according to KxEngage's Privacy Policy. Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of the data it submits to the Service. In other cases, data may be sourced by KxEngage directly from a hotel property, a corporate/agency or from a third party source. Customer agrees that KxEngage has the rights and ability to use this data and the Customer's data to provide the Service. These rights also include the distribution and provision of data to be shared as aggregated data with other KxEngage customers. Benchmarking, research, and/or analytical materials prepared by KxEngage containing any of this data will be based on historical, aggregated data presented on an anonymous basis in compliance with applicable law. In the event the data held by KxEngage contains proprietary, hotel-specific or corporate program specific rate data, KxEngage agrees that such data will not be distributed to any customers without specifically aggregating and making anonymous the data, so that customer-specific rates and bids are secured. Customer grants to KxEngage a perpetual, non-cancelable, worldwide, non-exclusive right to utilize any data that arises from the use of the Service by Customer whether disclosed on or prior to the Effective Date for any legitimate commercial purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information. Notwithstanding anything to the contrary in this Agreement and in addition to the foregoing, Customer hereby acknowledges and agrees that KxEngage may monitor Service utilization and use Customer Data to compile or create aggregated and/or anonymized information for any legitimate commercial purposes. (the "Aggregate Data"). KxEngage will be the sole owner of the Aggregate Data and, notwithstanding anything to the contrary, shall be free to use and disclose the Aggregate Data for any commercial purposes including, but not limited to, publicizing usage of the Services, providing information on general industry trends, and providing benchmarking data to KxEngage customers. Aggregate Data shall not identify Customer as the source of any specific data, pattern or finding, nor shall it include personally identifiable information of any individual users of the Service.

 

16.3 Upon Customer's written request made within 30 days after the effective date of expiration or termination of this Agreement, KxEngage will, provided Customer is not in breach of any of its obligations under the Agreement and upon Customer's payment of the applicable fees, make available to Customer for download a file of Customer Data in its then current format.

 

16.4 After such 30-day period, KxEngage shall have no obligation to maintain or provide any Customer Data and shall thereafter, unless legally prohibited, delete all Customer Data maintained in its production systems, provided KxEngage may retain archival copies of Customer data on offline backup media for a reasonable period of time not to exceed two (2) years following expiration or termination of any Order Form.

  17. CHANGES AND ENVIRONMENT.

17.1 Access is limited to the version of the Service in KxEngage's production environment. KxEngage may from time to time at its sole discretion update the Service and reserves the right to add and/or substitute functionally equivalent features in the event of product unavailability, end-of-life, or changes to software requirements.

 

17.2 KxEngage will provide Customer online access to and use of the Service via the Internet by use of a Customer-provided browser. The Software will be hosted on a server that is maintained by KxEngage or its designated third party supplier or data center. Customer is solely responsible for obtaining and maintaining at its own expense, all equipment needed to access the Software, including but not limited to Internet access and adequate bandwidth

  18. INFORMATION.

18.2 Notwithstanding any provision to the contrary in this Agreement, Customer acknowledges and agrees that use of the KxEngage Services to transmit, process or store Sensitive Personal Information (as defined below) is unnecessary for use of the Services and therefore Customer shall be solely responsible for any such use of the Services by Customer or its employees, agents or subcontractors and KxEngage shall bear no risk or liability for same.

 

 

18.3 "Sensitive Personal Information" shall be defined as:

• a) the racial or ethnic origin of the data subject;
• b) his political opinions;
• c) his/her religious beliefs or other beliefs of a similar nature;
• d) whether he/she is a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992);
• e) his/her physical or mental health or condition (except for food allergies or medical contact information);
• f) his/her sexual life;
• g) the commission or alleged commission by him/her of any offense;
• h) any proceedings for any offence committed or alleged to have been committed by him/her, the disposal of such proceedings or the sentence of any court in such proceedings;
• i) national, social security or taxpayer id number or other government issued id numbers, date of birth and/or gender (except if stored in encrypted fields provided by KxEngage for storage of such data); and
• j) financial account information (other than payment card information entered securely using KxEngage's online payments module)

19. NOTICE.

Any notice hereunder shall be in writing and shall be deemed to have been duly given: (i) five (5) business days after the date of mailing if sent by registered or certified mail, postage prepaid, with return receipt requested; (ii) when delivered if delivered personally or sent by express courier service; (iii) when transmitted if sent by a confirmed facsimile; or (iv) when transmitted via email, provided that the receiving party acknowledges receipt by return email, and that the email clearly states in the subject line that it is intended to give notice under this Agreement.

20. NON-SOLICITATION.

Customer agrees that Customer, its organization and affiliates, will not attempt to hire, or assist in hiring anyone currently employed by KxEngage, except insofar as such recruitment results from a general solicitation of employment not specifically directed towards employees or subcontractors of KxEngage. Customer further agrees that should such a situation occur, KxEngage would be caused irreparable harm and be entitled to injunctive relief.

21. FORCE MAJEURE.

KxEngage will not be in default or otherwise liable for any delay in or failure of its performance under these Terms if such delay or failure arises by any reason beyond its reasonable control, including any act of God, criminal acts, or any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delays in transportation or communications, or any act or failure to act by Customer, its employees, agents, or contractors. The parties will promptly inform and consult with each other as to any of the above causes that, in their judgment, may or could be the cause of a substantial delay in the performance of their respective obligations hereunder. KxEngage is not liable for excusable delay.

22. PR & CUSTOMER LISTS.

Customer agrees that KxEngage may use its organization's name and logo to identify Customer as a customer of KxEngage on KxEngage's website, and as a part of a general list of KxEngage's customers for use and reference in KxEngage's corporate and marketing literature. Additionally, Customer agrees that KxEngage may issue a press release identifying Customer as a KxEngage customer.

11. GENERAL.

Entire Agreement and Amendments. This Agreement is the entire agreement between us and supersedes all earlier and simultaneous agreements regarding the subject matter. Governing Law and Forum. All claims regarding this Agreement are governed by and construed in accordance with the Laws of England and Wales, applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of Law principles, and must be litigated in England and Wales, regardless of the inconvenience of the forum, except that we may seek temporary injunctive relief in any venue of our choosing. The parties acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. No Waivers, Cumulative Remedies. Our failure to insist upon strict performance of any provision of this Agreement is not a waiver of any of our rights under this Agreement. All our remedies under this Agreement, at Law or in equity, are cumulative and nonexclusive. Severability: If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect our original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. Notices: All notices to us under this Agreement must be sent do_not_reply@kineticsoftware.com. Captions and Plural Terms: All captions are for purposes of convenience only and are not to be used in interpretation or enforcement of this Agreement. Terms defined in the singular have the same meaning in the plural and vice versa.

 

Privacy Policy

Data Protection Policy

Last updated

May 2024

Definitions

Company	means Kinetic Solutions Ltd. 249 Silbury Boulevard, Milton Keynes, MK9 1NA, a registered company in England.
GDPR	means the General Data Protection Regulation.
Responsible Person	means Chief Operations Officer
Register of Systems	means a register of all systems or contexts in which personal data is processed by the Company.

1. Data protection principles

The Company is committed to processing data in accordance with its responsibilities under the GDPR.

Article 5 of the GDPR requires that personal data shall be:

• processed lawfully, fairly and in a transparent manner in relation to individuals;
• collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
• adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
• accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
• kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
• processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”

2. General provisions

• This policy applies to all personal data processed by the Company.
• The Responsible Person shall take responsibility for the Company’s ongoing compliance with this policy.
• This policy shall be reviewed at least annually.
• The Company shall register with the Information Commissioner’s Office as an organisation that processes personal data.

3. Lawful, fair and transparent processing

• To ensure its processing of data is lawful, fair and transparent, the Company shall maintain a Register of Systems.
• The Register of Systems shall be reviewed at least annually.
• Individuals have the right to access their personal data and any such requests made to the Company shall be dealt with in a timely manner.

4. Lawful purposes

• All data processed by the Company must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).
• The Company shall note the appropriate lawful basis in the Register of Systems.
• Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
• Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Company’s systems.

5. Data minimisation

• The Company shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

6. Accuracy

• The Company shall take reasonable steps to ensure personal data is accurate.
• Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

7. Archiving / removal

• To ensure that personal data is kept for no longer than necessary, the Company shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
• The archiving policy shall consider what data should/must be retained, for how long, and why.

8. Security

• The Company shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
• Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
• When personal data is deleted this should be done safely such that the data is irrecoverable.
• Appropriate back-up and disaster recovery solutions shall be in place.

9. Breach

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Company shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).

 

This privacy policy sets out how KxEngage uses and protects any information that you give us when you use this website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following privacy policy, which together with our terms and conditions of use, govern KxEngage’s relationship with you in relation to this website. KxEngage is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. If you submit any data to our site, such as your attendee profile we will use it as part of the mobile application which is publicly viewable. Your Login email is not viewable or accessible publicly. Your password is hashed, which means it is not reversible and not viewable in plain text. However, you may contact us at anytime to delete or change this data. KxEngage may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. HeyHub.com / heyhub.com is owned and operated by KxEngage Limited.

What we collect and how we use it

KxEngage and our Customers that use our Applications to organize and manage meetings and events or to provide other services, may collect several types of information from and about End-Users, including:

"Personal Information" that identifies an End-User as an individual or relates to an identifiable person.  For example, this includes name, organization, title, postal address, e-mail address, telephone number, fax number, social media account ID or other identifiers by which End-Users may be contacted online or offline.  This also may include information that permits End-Users to purchase products or services from KxEngage or from our customers through the Applications, such as credit or debit card number, or other payment account number, as well as applicable expiration dates and billing/shipping addresses;

"Other Information" that does not reveal a person’s identity or directly relate to an individual, on its own or in combination with other information we have collected, such as browser and device information,  operating system, device type, system and performance information, app usage data, information collected through cookies, pixel tags and other technologies, general geographic location, demographic information and other information provided by a person, such as dietary preferences, interests, activities, age, gender, education and occupation. 

KxEngage may also collect Personal Information and Other Information from Customers and Website Visitors.  In some instances, we may combine Other Information with Personal Information (such as combining a Website Visitor’s name with information we gather about this individual’s use of the Websites).  If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

We collect this information:

• Directly from individuals when they provide it to us.
• Automatically from End-Users as they use the Applications, or from Website Visitors as they navigate through the Websites. Information collected automatically may include browser and device information, details regarding use of the Services, IP addresses and information collected through cookies, web beacons and other technologies.
• From third party sources, such as public databases, joint marketing partners, and social media platforms.  For example, if a Website Visitor elects to connect his social media account to his account for our Websites, certain Personal Information from the social media account will be shared with us, which may include Personal Information that is part of the Visitor’s profile or his friends’ profiles.

Information Provided to Us  

The information we collect through our Services may include:

• Information that a person provides when utilizing one of our Services, for instance at the time an End-User registers to attend a meeting being organized by a KxEngage customer (KxEngage Event Registration), uses a web chat function with our sales team or downloads a mobile software application to the End-User’s iPhone or Android device.
• Information that Website Visitors provide by filling in forms on our Websites. This includes information provided at the time of registering to receive product information or white papers, attend online demos, or access other special content on our Websites. We may also ask Customers or Visitors for information when they enter a contest or promotion sponsored by us.
• Information that Customers and End-Users provide when receiving technical or customer account support.  This includes records and copies of Customer and End-User correspondence (including e-mail addresses).
• Responses to surveys that we might ask Customers, End-Users or Website Visitors to complete for research purposes.
• Details of transactions Customers carry out through our Applications and of the fulfilment of Customer orders.
• Records of search queries on our Services.

Some of our Websites allow Visitors to create or post content on message boards, chat, profile pages and blogs and other services to which Visitors are able to post information and materials.  Please note that any information posted or disclosed through these sections of our Websites will become public information, and may be available to other Website Visitors and to the general public.  We urge caution to anyone deciding to disclose their Personal Information, or any other information, on our Websites. Anyone submitting Personal Information relating to other people to KxEngage in connection with the Services represents that they have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

How We Use Information

We may use information that we collect or that is provided to us, including Personal Information, for any of the following purposes:

• To present our Services and their contents.
• To provide End-Users with information, products, or services they request from KxEngage or our Customers using our Applications, for example by processing event registrations, enrolling End-Users in programs in which they choose to participate, or providing End-Users with mobile application access for a meeting organized by a Customer.
• To manage Application accounts, provide customer service, and process payments for purchases by End-Users.
• To provide Customers with notices about their KxEngage accounts, including expiration and renewal notices.
• To notify Customers and End-Users about changes to our Services, any products or services we offer or provide though our Services, our terms and conditions applicable to the Services, or this Privacy Policy.
• To communicate with Customers and Visitors by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest and that are offered by us, our affiliated companies or other third parties.
• To allow Customers and Visitors to participate in online product demos, surveys, and online sweepstakes or contests (including to verify participant eligibility and deliver prizes), access and download materials, and use other interactive features on our Services.
• To better tailor Website experience to Visitors interests, Application experience to End-User or Customer interests, and display content according to user preferences.
• To facilitate social sharing functionality.
• To perform research and analyze use of, or interest in, our products, services or content (or products, services or content offered by others on our Website).
• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
• As we believe to be necessary or appropriate:  (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to carry out our obligations and enforce our terms and conditions applicable to the Services and other agreements, including for billing and collection purposes; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to protect against or identify fraudulent transactions.  This includes exchanging information with other companies and organizations where reasonably necessary for the purposes of fraud protection and credit risk reduction.
• In any other way we may describe when you provide the information.
• To fulfill any other purpose for which you provide it or with your consent.
  • We may also use contact information of Customers and Visitors to contact them via email, telephone or direct mail about products and services that may be of interest to them.  Where required, we will seek and obtain recipients’ express authorization before we send marketing emails.  If you do not want us to use your information in this way, please adjust your email preferences on the profile page that is accessible by clicking the unsubscribe link provided at the bottom of emails you receive from us.  For more information, see Choices About How We Use and Disclose Your Information. 

 

Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Usage Statistics
KxEngage will collect general anonymous data on site usage statistics such as page access, duration of stay, browser or device type. This data is provided by default by your operating internet browser or phone carrier and is collected directly by KxEngage or through other 3-rd party tools such as Google Analytics. KxEngage also reserves the right to use usage statistics on marketing and publicly available material.

Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information
You may choose to restrict the collection or use of your personal information; if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at do_not_reply@kineticsoftware.com We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

The purpose of this Policy is to govern our use of information we may learn about you when you visit our web site (the “Site”). In addition to our Policy, the Site is subject to the Terms of Use which governs in any conflict with this Policy. We may change this Policy at any time by notifying you of a new effective date.

Combining Information and Contractors. We may combine the information that we collect from you on our Site with information that you provide to us in connection with your use of our other products, services and web sites. We may use third party web site management and advertising contractors (the “Contractors”) to deliver advertisements to you on our behalf, contact you on our behalf, facilitate our site’s services, fulfill your purchase requests, or to otherwise help us in providing the site. We may provide these contractors with your personally identifiable information solely for the purpose of providing these services to us or on our behalf. These Contractors may not disclose your information in violation of this Policy, which does not restrict Contractors disclosing your Internet protocol address, geographic location, Internet browser, network and connection, referring sites, ads and key words used to arrive at the Site, pages you visited and time spent on the Site, your Internet host, operating system and connection speed, and additional information regarding your use of the Site.

Collection, Use and Disclosure. We may use your information to contact you regarding a transaction you have made on our Site. We also collect general data to analyze statistics on our Site’s user visits, purchases (if any), backgrounds and demographics, which we only release to others on an aggregate basis that does not reveal your personal information without your approval, except to: (1) the Companies; (2) the Contractors; (3) a company that may acquire our Site or controlling equity shares in our company, and (4) others when necessary to enforce the Terms of Use, any agreement we may have with you, or when we believe we are required to do so by law. We use this data to enhance our provision of services to you and our users, to improve our Site to best meet your interests, to measure visits to different areas of our Site, to contact you regarding updates to KxEngage features that you use and to verify the number of users that have seen or clicked advertising on our Site.

Children. Our Site is not intended for children under the age of 13 years of age. We do not knowingly collect information from children under the age of 13. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policy by instructing their children to never provide information on our Site.

Cookies. Our Site may place a “cookie” in the browser files of your computer. This cookie does not collect information that personally identifies you as an individual (other than your Internet protocol address), but merely allows us to recognize your repeated visits to our Site. We use our cookie collected information to make your visit to our Site more enjoyable. If you want to disable cookies, there is a simple procedure in most Internet browsers that allows you to turn off or delete cookies, but please remember that cookies may be required to allow you to use certain features of our Site.

Links. Our Site may contain links to other websites. We do not control these other websites, and you should consult those other web sites’ privacy policies regarding their use of your information. Our Site may also contain advertising. When you click on an advertisement, the advertiser may be able to collect information on you and any additional information you provide. We do not control these advertisers’ collection and use of this information.

1. CHOICE

Opt Out. We may contact you for a marketing purpose. You can opt out of receiving such communications in the future per our instructions contained in our correspondence to you. You can also delete your user account at any time.

Necessary Communications. Notwithstanding your choice to opt out of receiving marketing information, we of course reserve the right to contact you regarding this Policy, the Terms of Use, your account status, your orders, and any other matters relevant to your use of the Site.

2. ACCESS

You can access your Site profile at your convenience to revise or correct errors in your personal information (unless such revisions or corrections may compromise privacy or security concerns).

3. SECURITY

Security Measures. We maintain security measures to protect your personal information from unauthorized access, misuse or disclosure.

Sharing. You should remember that when you use our Site to post comments and share additional information, any information that you provide is not secure and can be collected and used by others. As a result, you should exercise caution before you make such disclosures.