PRIVACY POLICY
Effective Date: 21 April, 2023
This privacy policy (“Policy”) explains how Zero Kelvin Inc, its subsidiaries and affiliates (“ZeroK”, “we”, “us”, “our”) processes Personal Data that ZeroK collects from you.
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This Policy applies to all the products, services, websites and apps offered by ZeroK and its affiliates/partners, except if specified otherwise. In this document, we explain what personal information of yours will be collected when you access the Services, how such Personal Data will be used, when it might be disclosed and how you can control the collection, correction and/or deletion of your Personal Data.
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1. DEFINITIONS
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1.1.“Controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others, determines the purposes and means of the processing of Personal Data.
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1.2.“End-User” means any person or entity with whom the Subscriber interacts using the Service(s).
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1.3.“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
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1.4."Services" means the cloud-native proprietary Kubernetes Observability platform of ZeroK and any new services that ZeroK may introduce as a Service to which You may subscribe to, and any updates, modifications or improvements
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1.5.“Subscriber” means the natural or legal person that has subscribed to the Service(s) by signing up to the Service(s).
1.6.“Website(s)” means the website(s) that ZeroK operates.
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2. HOW IS YOUR DATA COLLECTED?​
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2.1. You directly provide ZeroK with most of the data we collect. ZeroK collects Personal Data from you when you: a) subscribe for any of ZeroK’s Service(s) by signing-up; b) use or view ZeroK’s Website which may result in Personal Data being collected via your browser’s Cookies; c) submit web forms on our Website(s) or as you use interactive features of the Websites, including participation in surveys, contests, promotions, sweepstakes, d) request customer support, or otherwise communicate with us; or e) when you use the Service(s), ZeroK automatically collects information on the type of device you use, and the operating system version, to perform our agreement with you.
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2.2. ZeroK may also receive your Personal Data indirectly as follows: a) from third party sources like databases and social media but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us; b) if you authorize ZeroK to connect with a third-party service, ZeroK will access and store your name, email address(es), current city, profile picture URL, and other Personal Data that the third-party service makes available to ZeroK, and use and disclose it in accordance with this Policy.
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2.3. The Website includes social media features and widgets that are either hosted by a third-party or hosted directly on the Websites and your interaction with these social media features and widgets is governed by the privacy statement of the companies that provide them. You should check your privacy settings on these third-party services to understand and change the information sent to ZeroK through these services. This data may be combined with the other information ZeroK collects and might include aggregate level or specific data.
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3.PROCESSING OF PERSONAL DATA
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3.1. ZeroK processes your Personal Data in the following scenarios: (a) to facilitate your access and use of the Websites and Services; (b) to improve the Websites and the Services; (c) to process and complete payment transactions; (d) to provide onboarding services, customer success services, customer service and support; (e) to market and advertise in compliance with applicable law ; (f) to perform analytics in connection with the Website and Services; (g) to investigate and prevent fraudulent transactions, unauthorized access to the Websites and Service(s), and other illegal activities; (h) to personalize the Websites and Service(s); (i) in the event ZeroK merges with or is acquired by another company, sells ZeroK’s Websites, or business units, or if all or a substantial portion of ZeroK’s assets are acquired by another company. In such cases, your information will likely be one of the assets that is transferred; and (j) for other purposes for which ZeroK obtains your consent.
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3.2. Legal basis for processing (UK and EEA Region)
3.2.1. If you are a data subject from the UK or European Economic Area, ZeroK’s legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which ZeroK collects it.
3.2.2. ZeroK will normally collect Personal Data from you only where it needs it to perform a contract with you, where the processing is in ZeroK’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where ZeroK has your consent. In some cases, ZeroK may also have a legal obligation to collect Personal Data from you. If ZeroK processes Personal Data with reliance on your consent, you may withdraw your consent at any time.
3.2.3. If you have questions or need further information concerning the legal basis on which ZeroK collects and uses your Personal Data, please contact ZeroK using the contact details provided under Clause 12.2.
4.SHARING OF PERSONAL DATA
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4.1. You acknowledge that ZeroK will share your Personal Data with its group companies and third-party service providers so that they may offer you ZeroK’s Service(s) and/or to send information or updates to the Service(s) if you are a Subscriber.
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4.2. When ZeroK processes your order where you are a Subscriber, it may send your Personal Data to and also use the resulting information from credit reference agencies to prevent fraudulent purchases.
4.3. ZeroK shares Personal Data with our third-party service providers that host and maintain the ZeroK Websites, applications, backup, storage, payment processing, analytics and other services. These third-party service providers may have access to or process your Personal Data for the purpose of providing these services for us.
4.4. ZeroK may share your Personal Data with third-party providers for marketing purposes in compliance with laws applicable in this regard.
4.5. ZeroK may be required to disclose your Personal Data in response to a) lawful requests by public authorities, including to meet national security or law enforcement requirements and/or b) subpoenas, court orders, or legal process, or to establish or exercise ZeroK’s legal rights or defend against legal claims.
4.6. ZeroK may also share Personal Data to assist investigation and prevention of illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of ZeroK’s terms, or as otherwise required by law.
5.INTERNATIONAL TRANSFER
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5.1. ZeroK processes Personal Data in the USA and other countries. If you are a resident of UK or the European Economic Area and when your Personal Data is processed outside UK or the EEA, ZeroK will ensure that the recipient of your Personal Data offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of Personal Data as approved by the European Commission (Article 46 General Data Privacy Regulation, 2016), or ZeroK will ask you for your prior consent to such international data transfers.
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6.RETENTION OF PERSONAL DATA
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6.1. ZeroK retains the Personal Data collected where an ongoing legitimate business requires retention of such Personal Data.
6.2. In the absence of a need to retain Personal Data under Clause 6.1. above, ZeroK will either delete or aggregate it or, if this is not possible then ZeroK will securely store your Personal Data and isolate it from any further processing until deletion is possible.
7.SECURITY OF PERSONAL DATA
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7.1. ZeroK uses appropriate technical and organizational measures to protect the Personal Data that it collects and processes. The measures ZeroK uses are designed to provide a level of security appropriate to the risk of processing your Personal Data. If you have questions about the security of your Personal Data, please contact us immediately as described in this Policy.
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8.RIGHTS OF THE DATA-SUBJECTS
If you are a resident of the EEA, UK or Switzerland, you are entitled to the following rights:
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8.1. You can request ZeroK for access, correction, update or request deletion of your Personal Data.
8.2. You can object to the Processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data.
8.3. You have the right to opt-out of marketing communications ZeroK sends you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails ZeroK sends you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us.
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8.4. Similarly, if ZeroK has collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing ZeroK conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
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8.5. You have the right to complain to a data protection authority about ZeroK’s collection and use of your Personal Data. For more information, please contact your local data protection authority.
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8.6. If you seek access to, or wish to correct, update, modify or delete your Personal Data ZeroK processes, please contact us at hello@zerok.ai. We respond to all requests we receive from individuals wishing to exercise their data protection rights within a reasonable timeframe in accordance with applicable data protection laws.
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9.PRIVACY OF CHILDREN
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9.1. ZeroK recognizes the importance of children's safety and privacy and is sensitive to these issues. ZeroK does not request, or knowingly collect, any Personal Data from children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Data, they should write to us at the email address provided in Clause 12.2
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10.COOKIE POLICY
10.1. Essential Cookies: ZeroK sets essential cookies that enable core functionality such as security, network management, and accessibility. you may not opt-out of these cookies. However, you may disable these by changing your browser settings, but this may affect how the Website(s) functions.
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10.3. Analytics, Customisation and Advertising Cookies: ZeroK sets Google Analytics cookies to help it improve its Website(s) by collecting and reporting information on how you use it. The cookies collect information in a way that does not directly identify anyone. ZeroK may also set cookies to collect information that is used either in aggregate form to help ZeroK understand how our Website(s) are being used or how effective our marketing campaigns are, to help customise the Website(s) for you or to make advertising messages more relevant to you.
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11.NOTICE TO END-USER AND OTHER EXCLUSIONS
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11.1. ZeroK’s Service(s) are intended for use by enterprises. Where the Service(s) are made available to you through a Subscriber, that enterprise is the Controller of your Personal Data. your data privacy questions and request should be submitted to the ZeroK Subscriber in its capacity as your Controller. If you are an individual who interacts with a Subscriber using our Services, then you will be directed to contact our Subscriber for assistance with any requests or questions relating to your personal information. ZeroK is not responsible for Subscribers’ privacy or security practices which may be different from this Policy. Subscribers to our Services are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as all privacy policies, agreements or other obligations, relating to the collection of personal information in connection with the use of our Services by End Users. We collect information under the direction of our Subscribers and have no direct relationship with individuals whose personal information we process in connection with our Subscriber’s use of our Service(s)
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11.2. With the exception of Personal Data collected when you register for an account to access or utilize ZeroK’s Service(s) and other information we collect in connection with your registration or authentication into our Service(s), this Policy does not apply in connection with access and use of ZeroK’s Service(s).
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11.3. ZeroK’s Website(s) and Service(s) may contain links to other Websites. If you click on a third-party link, you should read their privacy policy. ZeroK encourages you to review the privacy statements of any such other websites to understand their Personal Data practices.
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12.MISCELLANEOUS
12.1. ZeroK keeps this Policy under regular review and may update this webpage at any time. This Policy may be amended at any time and you shall be notified only if there are material changes to this Policy.
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12.2.If you have any questions about this Policy please do not hesitate to contact ZeroK at legal@zerok.ai