Last Updated: May 4, 2023
We collect Personal Data about you from:
Where you are a prospective user of our Services but not yet a user, we may collect your contact information and use this for marketing purposes. We will only ever do this in accordance with applicable law.
Where you are a user of our Services, we will process the Personal Data which you (or your users) provide to us through your use of the Services or which we collect arising from your use of our Services. This Personal Data will fall into one of the following three categories:
(i) Contact information and other customer account information that we will use for administering our relationship with you (or your users). This will include details such as your (or your users) name, business telephone number, business e-mail address, position, function, location and account information (e.g. name and log-in credentials) (together, “Contact Information”).
We will never actively collect special categories of Personal Data about you or your users. Special categories of Personal Data includes information which reveals an individual’s race or ethnic origin, political opinions or religious or philosophical beliefs, membership of a trade union, physical or mental health, the processing of genetic or biometric information for the purposes of uniquely identifying an individual, and information about sexual life or sexual orientation or criminal convictions and offences. Where you (or your users) choose to include such special categories of Personal Data in Customer Content you are responsible for ensuring that all applicable legal requirements and safeguards have been complied with.
The following section provides additional information about how we collect your Personal Data.
Information collected automatically
We use the following types of Cookies:
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some of the Services and functionalities may not work.
To explore what Cookie setting are available to you, look in the “preferences” or “options” section of your browser’s menu.
To find out more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.
We only use your Customer Content:
-To the extent necessary to provide our Service to you.
-To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services.
-If required by applicable law, to respond to law enforcement requests, court order, or governmental regulations.
We process Account Data and Contact Information to operate, improve, understand and personalize our Services. We use such Personal Data for the following purposes:
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.
As noted in the list above, we may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us, which helps us improve our Services. If you do not want to receive communications from us, please indicate your preference by emailing us at firstname.lastname@example.org.
We will only disclose Customer Content to service providers and other parties for the following business purposes:
We may disclose your Account Data and Contact Information to service providers and other parties for the following business purposes:
We disclose your Personal Data to the following categories of service providers and other parties:
-Security and fraud prevention consultants.
-Hosting and other technology and communications providers.
-Staff augmentation and contract personnel.
-Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
-Third-party business partners who you access through the Services.
-Other parties authorized by you.
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. These measures are set out in the security terms and/or security practices data sheet which are applicable to the Services provided to you as published on Airkit’s website from time to time.
It is important to note that you have responsibilities in relation to the protection of your Personal Data also. These will be included in your (or your company’s) agreement with Airkit. At a minimum these will include that you should help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account.
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally and therefore ceases to be Personal Data.
We do not knowingly collect or solicit Personal Data from children under 16; if you are a child under 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at email@example.com.
If you are a California resident, you have the rights outlined in this section. Please see the “Exercising your rights” section below for instructions on exercising these rights.
Sales of personal data
You have the right to request certain information about the Personal Data we may have collected from you and how we used that Personal Data over the past 12 months. We will provide you with the following information:
If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient.
You have the right to request that we delete the Personal Data that we collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising your rights
To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it.
Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.
If your request addresses Personal Data contained in unencrypted Customer Content submitted to our Services by another user, then we may redirect your Valid Request to that user in accordance with the procedures set forth in our Data Processing Agreement. Notwithstanding the foregoing, we are incapable of responding to requests addressing Personal Data contained in encrypted Customer Content as such encryption is implemented and controlled by the applicable user.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request using the following methods:
Call us at: (650) 459-2377
Emailing us at: firstname.lastname@example.org
We will not discriminate against you for exercising your rights under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
California resident rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at email@example.com.
Nevada resident rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”), or similar legislation in the non-EU jurisdictions mentioned, with respect to your Personal Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.
Airkit will be the controller of your Personal Data processed in connection with the Services provided that that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
Personal data we collect
The “Categories of personal data we collect” section above details the Personal Data that we collect from you.
Personal data use and processing grounds
The “How we use your personal data” section above explains how we use your Personal Data.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Examples of these legitimate interests include:
We only retain your Personal Data for as long as necessary for the purpose for which we collect it.
Where applicable law in the EU, United Kingdom, Lichtenstein, Norway, or Iceland requires, you can decide not to accept certain cookies, or manage which cookies are used, via the functionality that we make available to you when you use our Services.
Sharing personal data
The “How we share your personal data” section above details how we share your Personal Data with third parties.
EU data subject rights
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at email@example.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Transfers of personal data
Mobile terms of service (Shortcodes)
2114 Broadway, Redwood City, CA 94063
Individuals and data protection supervisory authorities from the EU may contact our EU representative according to Art. 27 GDPR regarding all requests related to data protection and privacy:
EU: DP-Dock GmbH, Attn: Airkit, Ballindamm 39, 20095 Hamburg, Germany
UK: DP Data Protection Services UK Ltd., Attn: Airkit, 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom
You may contact our EU Data Protection Officer at firstname.lastname@example.org.