Privacy policy

blueKiwi, Inc. (“blueKiwi” or “we”) considers the protection of personal privacy to be one of our priorities. This privacy policy and general release (“Policy”) gives you, the Customer or user as defined in the Terms of Use and End User Licensing Agreement, specific information on how we protect your privacy, how we treat personal and financial information and the choices you have. By agreeing to the terms of this Policy, you agree that blueKiwi has the right to use any content you may have created or migrated from other platforms to blueKiwi (“Content”) for data collection, blind pool sampling of activity or any lawful purpose, including any commercial purpose. Your contact information, including your phone number, email address and mailing address, will be used to communicate with you or send you information about our services. Your financial information, if applicable, including your credit card details, will be kept confidential and will only be used to bill you and will be stored on our website, at your election, for future transactions. If you do not provide us with this information, you may not have full access to the services offered by blueKiwi or our website.

We protect against threats and unauthorized access of personal and financial information. We will not share your confidential information with third parties who do not provide support for the blueKiwi website or who are not connected with processing a transaction involving blueKiwi Services unless such disclosure is necessary.

When you visit the blueKiwi website, we automatically track information, including but not limited to, IP address, domain server, type of computer and browser which is helpful to us for sampling activity and to improve your experience on our website. We also store your user name or password for your convenience.

This Policy applies to the blueKiwi website and other services owned or provided by blueKiwi Software SA, together referred to as “blueKiwi Services.” In connection with effectively providing its services, blueKiwi gathers personal information from users and financial information from customers of blueKiwi. From time to time, blueKiwi may add new websites, programs or services. This Policy applies only to sites owned and services provided by blueKiwi, not to any third parties including our vendors and suppliers or any third-party platforms.

As a condition to participation in blueKiwi Services, you agree to be bound by the terms of this Policy and the use of your identity for lawful purposes. Additional terms and conditions which govern your participation in blueKiwi Services are governed by the Terms of Use and Licensing Agreement.

By using or accessing the blueKiwi Services, you are accepting the practices described in this Policy.

The Policy is accessible through the blueKiwi website from a link entitled “Privacy Policy” at the bottom of the blueKiwi-software.com home page. You acknowledge that this Policy may change over time. We reserve the right, in our sole discretion, to revise this Policy at any time. If we decide to change our Policy, we will post the revised policy on the blueKiwi-software.com website. Any changes are effective immediately upon posting to the blueKiwi website. As we may make changes at any time without notifying you, we suggest that you periodically consult this Policy. Please note that our rights to use your personally identifiable information will be based on the privacy policy in effect at the time the information is collected. Your continued use of the blueKiwi Services constitutes your agreement to all such terms and conditions of the Policy and revised versions of such Policy.

In the event that your credit card information is lost or stolen (if you have provided such information) or someone may have used your password without permission, you must notify us immediately.

Information Collection and Use

We may gather data that indicates your activity in connection with blueKiwi Services. This data does not identify you as an individual user and it is only used to measure the amount of input. We use and share navigational data in aggregate, non-personal form to understand the use of blueKiwi Services.

Below are more details about the personal information we may gather from you and how we may use it.

Your Information. When you register or subscribe for blueKiwi Services, we will ask you for certain minimum required information. You will have your own user name and password.

Use of Cookies. When you enter the blueKiwi website, we store certain information from your browser using “cookies”. A cookie is a piece of data stored on the user’s computer tied to information about the user. We use session ID cookies to confirm that users are logged in and to store password information.

Financial Information (Customers only). blueKiwi will only use financial information from Customers as defined in the Terms of Use and Licensing Agreement, including your credit card details, to complete a transaction for payment. Such information shall be sent for processing via an encrypted portal and shall only be shared with those third parties necessary to complete the transaction. blueKiwi may, at your election, securely store your credit card details on its website for your future transactions.

Sharing Non-Personal Information or General Feedback. In addition to credit card processing companies, blueKiwi may share information that is not confidential.

Indemnification. You agree to indemnify, defend and hold harmless blueKiwi, its agents, management and employees, and affiliates from any claims in connection with invasion of privacy, libel, harassment or breach of confidentiality, or IP assignment agreements or any other claims in connection with the content entered or migrated by Users on blueKiwi’s website. You agree that blueKiwi is not in any way liable for the content shared by Users of blueKiwi Services.

Future Business Transactions. By submitting your personal information to blueKiwi, you agree that in the event of a merger, acquisition, reorganization, sale of all or a substantial portion of its assets, or the sale of an individual website owned by blueKiwi, we may transfer your information to a third party as a part of such merger, acquisition, reorganization, sale, or other future business transaction.

Legal Authorities. We may also disclose confidential information to legal authorities in cases when we reasonably believe that it is necessary to identify someone who may be violating our policies or any other terms of use, or who may be a threat to blueKiwi or third-party rights, property and/or personal safety. We may disclose confidential information to comply with valid legal process such as a duly issued search warrant, subpoena or court order.

Information Storage and Security

blueKiwi takes appropriate precautions to protect our users’ information. Your confidential information is located on a secured server behind a firewall. No computer system or information can ever be fully protected against every possible hazard. However, blueKiwi is committed to providing reasonable and appropriate security controls to protect our website and all confidential information against foreseeable hazards.

Notwithstanding these security measures, please be aware that when you submit confidential information to our website, the information may travel over many systems that are not under blueKiwi’s control. We take the protection of user data seriously and to that end take reasonable safeguards to prevent interception of any confidential information.

Accessing, Correcting and Updating Your Information

You have the ability to review, change and correct the personally identifiable information you provide us. As a registered User, you can access, correct or update your account or other personal information. You may also request that we remove from our databases the information you provided when you registered with blueKiwi by contacting us at support@bluekiwi-software.com. When you register or access our website, you may opt out of receiving future email communications from us.

Modifications to this Privacy Policy

This privacy policy may be amended by blueKiwi at any time without notice, and such modifications will be available for your review under the “Privacy Policy” link on the blueKiwi website.

Your Acceptance by Electronic Signature

You hereby agree to the use of electronic communication and signature in order to provide confidential and personal information to blueKiwi, to receive notices or add content to the blueKiwi Services, and to receive electronic delivery of notices, policies and records of transactions initiated or completed through our web site. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE AUTHORITY TO ACCEPT THE TERMS OF THIS POLICY AND RELEASE AND THAT YOU HAVE READ THIS POLICY AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE BLUEKIWI SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.