The following terms used in this Privacy Policy have the following meanings:
1.1. “Kepler51” (or “we” “us” or “our”) means Kepler51 PBC, Analytics, a Delaware Public Benefit Corporation.
1.2. “Kepler51 Services and Technology” means, collectively, (a) our event management platform which provides data analysis, monitoring and alerts regarding weather conditions, environmental conditions and other disruptive events which affect transportation and supply chains (the “Kepler51 Platform”); (b) all applications, software and tools which we now or may hereafter offer or use in connection with the Kepler51 Platform, including without limitation, the “Kepler Alerts” app (collectively, the “Kepler 51 Apps”); and (c) our website located at www.kepler51.com (the “Kepler 51 Website”).
1.3. “Non-Personal Information” means information or content other than Personal Information, including, aggregated, anonymized, or de-identified information about Users and other information that does not identify any person or individual.
1.4. “Personal Information” means personally-identifiable information relating to an individual that can be used to identify, locate, or contact that individual, whether alone or when combined with other personal or identifying information, including name, address, e-mail address and phone number.
1.5. “Technical Information” means information, which is not Personal Information, which is collected as a result of a User’s use of the Kepler51 Services and Technology, including (a) information relating to the devices, hardware and operating systems used by Users when installing, accessing or using the Kepler51 Services and Technology; (b) a User or User’s device location information when accessing or using the Kepler51 Services and Technology (“Location Information”); and (c) diagnostic information.
1.6. “User” (or “you”) means a person or individual who installs, accesses or uses any of the Kepler51 Services and Technology.
This Privacy Policy describes the types of information we may collect from Users who install, access or use any of the Kepler51 Services and Technology. This Privacy Policy does not apply to any third-party software, tools, devices, websites or services which Users may install, access or use in connection with the Kepler51 Services and Technology.
As technology changes and as the Kepler51 Services and Technology evolve, we may modify this Privacy Policy from time to time. When we modify this Privacy Policy, we will give Users notice by posting the amended Privacy Policy on the Kepler51 Website. Each Privacy Policy will include an effective date, and it will be effective on that date.
The Kepler51 Services and Technology are not designed for or marketed to children under the age of 13, and Kepler51 does not knowingly collect Personal Information from children. If we learn we have collected or received Personal Information from a child under the age of 13, we will delete that information.
Kepler51 may collect the following information from Users who install, access or use any of the Kepler51 Services and Technology:
5.1. Technical Information. We may automatically collect certain Technical Information from Users, including, for example, information regarding the pages and materials Users access when visiting the Kepler51 Website, the amount of data transferred, as well as certain standard information that browsers sends to every website that a user visits, including its Internet Protocol (IP) address, operating environment (such as browser type and version, browser plugins installed, operating system version, regional and language settings, screen size and/or resolution, windows size, and page size). The Kepler51 Website may use cookies, HTML5 local storage, web beacons, and other technologies for a variety of purposes, such as saving and retrieving information about Users and assisting in displaying relevant promotions and advertising to Users. We may use such technologies to share Non-Personal Information with third parties or to retrieve Non-Personal Information from third parties. At this time, the Kepler51 Website does not respond to “Do Not Track” signals sent to us by your browser.
5.2. Location Information. Certain of the Kepler51 Services and Technology require access to a User’s Location Information in order to provide relevant or up-to-date information. Accordingly, we may collect a User’s Location Information to provide Kepler51 Services and Technology to such User. If a User disables GPS or other location services on its devices, such User may be unable to use certain features of Kepler51 Services and Technology. Except for Location Information we share with our developers in connection with correcting and improving the Kepler51 Services and Technology, we do not share Users’ Location Information with third parties.
5.3. Information Using Third-Party Tools. We may use third-party tools and solutions from time to time, including Firebase and Google Analytics, which are provided by Google, Inc and subject to Google’s policies. We may use Firebase to collect and analyze diagnostic and technical information relating to the Kepler51 Apps, and share such information through Firebase. For more information, Users should refer to the information provided by Firebase at: https://firebase.google.com/support/privacy). Google Analytics assists us to provide relevant content to Users who access the Kepler51 Website and we may use the information we receive from Google Analytics to improve the Kepler51 Website and its content. Google’s use and sharing of information collected using Google Analytics is governed by the Google Analytics Terms of Service (located at: https://marketingplatform.google.com/about/analytics/terms/us/) and the Google Privacy Policy (located at: https://policies.google.com/privacy). Users can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google’s Ad Settings tool (https://www.google.com/settings/ads/). Users can also use the Google Analytics Opt-out Browser Add-on (https://tools.google.com/dlpage/gaoptout/) and can also opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Google Ad Settings (see: https://adssettings.google.com/).
5.4. Information Provided by Users. When a User creates a user account, enters into a written agreement with us to use any of the Kepler51 Services and Technology or completes or submit forms or information on the Kepler51 Website or through the Kepler51 Services and Technology, such User may provide us with information, such as its name, address, e-mail address and phone number. Except as otherwise set forth in a separate written agreement between Kepler51 and a User, Kepler51 will only use and disclose such information only in accordance with this Privacy Policy.
Kepler51 may use Users’ Technical Information and Non-Personal Information for any purposes whatsoever, including, advertising, marketing, enhancing, designing, or developing products and/or services, and research, and we may share Users’ Technical Information and Non-Personal Information with third parties, including our partners, affiliates and our service providers.
Kepler51 may use cookies and other similar technologies, such as HTML 5 local storage, to provide the Kepler51 Website or other Kepler51 Services and Technology. Cookies are small text files placed onto a User’s device when visiting and interacting with Kepler51 Website. Local storage is a technology that allows a website or application to store information locally on a User’s device. We use these technologies to provide Kepler51 Services and Technology to Users and to analyze and improve the Kepler51 Website, the Kepler51 Platform and other aspects of Kepler51 Services and Technology, including to implement and enhance security measures and to remember information about Users’ browsers and their preferences. Most browsers providing settings which allow a user to accept or deny cookies, to request permission each time a website attempts to place a cookie on a device, and to delete cookies that have already been placed on a device. Please note that if you use any such settings when accessing the Kepler51 Website or using any of the other Kepler51 Services and Technology, it may result in loss of certain functionality.
8.1. We will only store and use your Personal Information as is reasonably necessary or appropriate in connection with your use of Kepler51 Services and Technology, including: (i) to contact you in connection with your use of Kepler51 Services and Technology, including to provide alerts and notifications; (ii) for authentication and identification purposes; (iii) to enable us to provide the Kepler51 Services and Technology; (iv) for the purposes for which you provide such information to us, including in the manner we may describe when you provide such information; (v) to carry out our obligations and enforce our rights; (vi) to protect individuals, including our Users and other third parties; and (vii) to protect our networks, data, software, or business interests. You understand and agree that we may transfer, process, maintain, and store your Personal Information and other information in any country (or in multiple countries), including countries other than your country of residence or the country or countries where you use the Kepler51 Services and Technology.
8.2. Kepler51 will not sell, lease, or disclose a User’s Personal Information to any third party except as described in this Privacy Policy. Kepler51 will also not knowingly disclose a User’s Personal Information to a third party if we know or have reason to believe that the third party will use such Personal Information for direct marketing purposes unless such User opts-in or otherwise expressly consents to such sharing. We may share with third parties any Personal Information that Users share or make publicly available through Kepler51 Services and Technology. Users are strongly encouraged not to publicly share any sensitive information when using the Kepler51 Services and Technology, such as credit card numbers and social security numbers.
In addition to using and disclosing Users’ Personal Information in the manner described in Section 8.1 above and elsewhere in this Privacy Policy, Kepler51 may disclose a User’s Personal Information as follows: (i) to any person, entity, or organization which a User give us permission to disclose its Personal Information to; (ii) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets in which Personal Information of our Users is among the assets transferred; (iii) to any of our employes, contractors, consultants, business partners, service providers, vendors, and agents who provide hosting services, technical support services, or other services, and as is necessary or appropriate in connection with the operation, maintenance, and support of the Kepler51 Services and Technology; (iv) to comply with any legal requirements, subpoenas, discovery requests, or court orders, to defend any legal or administrative proceedings, or as we believe in good faith is necessary to comply with any laws or legal requirements; (v) to any person as we believe is necessary or appropriate in an emergency situation, including without limitation, to prevent criminal activity, personal injury, or property damage; (vi) to law enforcement, financial institutions, or other appropriate authorities in connection with any investigation of suspected criminal or fraudulent activity by any person or entity; and (vii) if we believe it is necessary or appropriate to protect the rights, property, or safety of Kepler51, any of our employee, contractors or agents, children, our users, or other third parties (including, without limitation, to facilitate the enforcement of our legal rights).
Kepler51 has implemented measures designed to secure Users’ Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure, including the use of TLS to encrypt information you send through Kepler51 Website or while using the Kepler51 Services and Technology. Users are responsible for safeguarding any access codes and other login credentials which are required to access or use any of the Kepler51 Services and Technology. Kepler51 cannot guarantee the security of Users’ Personal Information transmitted to or through Kepler51 Services and Technology. Any transmission of Personal Information by a User when using the Kepler51 Services and Technology is at a Users’ own risk and, to the maximum extent permitted by applicable law, Kepler51 disclaims all liability and responsibility for any loss or misuse of a User’s Personal Information which results from any circumvention of any privacy settings or security measures of the Kepler51 Services and Technology or of our service providers, agents, or other third parties.
The Kepler51 Website and other Kepler51 Services and Technology may contain links to other websites that are operated by third parties. This Privacy Policy does not apply to any Personal Information (or other information) collected on a third party website, including any third party website that can be accessed through on when using g the Kepler51 Services and Technology. site. Users should read the privacy policy of the third party site before providing any Personal Information on such third party site. We are not responsible for any use by any person or entity of any information that Users provide while accessing or using any websites or services provided by a third party.
Users may contact us at any time to request the removal of any of their Personal Information from our databases or to modify or update their Personal Information. Kepler51 may retain any Personal Information as it reasonable determines necessary to comply with applicable legal and regulatory requirements. Access to and use of certain of the Kepler51 Services and Technology may not be possible or permitted if certain Personal Information of a User is deleted. When a User’s Personal Information is updated or deleted, we may maintain copies of such Personal Information in our backups and archival systems.
You may contact us with questions relating to this Privacy Policy by sending an e-mail to privacy@kepler51.com.
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