Privacy Policy

Effective as of August 2022.  

This Privacy Policy describes how Kubiya Inc. (“Kubiya,” “we”, “us” or “our”) handles personal information that we collect through our digital properties that link to this Privacy Policy, including our website (collectively, the “Service”), as well as through social media, our marketing activities and other activities described in this Privacy Policy.  

California Privacy Rights Notice: Jump to important information for California residents. 

Notice to European Users: Jump to important information for individuals located in the European Economic Area or United Kingdom (which we refer to as “Europe”, and “European” should be understood accordingly).

Our websites, products and services are designed for DevOps teams within organizations, not for use by individuals for personal, family, household or other consumer purposes.  Our processing of personal information on behalf of our enterprise customers that use the Kubiya platform is restricted by our agreements with those customers and is governed by their own privacy policies, not this Privacy Policy.  


Index

Personal information we collect

How we use your personal information

How we share your personal information

Your choices

Other sites and services 

Security

Retention

International data transfer

Children

Changes to this Privacy Policy

How to contact us

California privacy rights notice

Notice to European users

Personal information we collect

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

  • Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, professional title and company name, and phone number.
  • Profile data, such as the username and password that you may set to establish an online account on the Service.
  • Communications data based on exchanges with you, including when you contact us through the Service, social media, or otherwise. 
  • Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
  • Feedback data, such as the information you share when you provide feedback about your experience with the Services.
  • Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.
Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:
  • Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
  • Private sources, such as information services and data licensors. 
  • Our affiliate partners, such as our affiliate network provider and publishers, influencers, and promoters who participate in our paid affiliate programs.
Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:
  • Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
  • Location data when you authorize the Service to access your device’s location.
  • Communication interaction data such as your interactions with our email or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails. 

Cookies. Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Notice. We will also store a record of your preferences in respect of the use of these technologies in connection with the Service.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery. We may use your personal information to:
  • provide, operate and improve the Service and our business;
  • enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
  • communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
  • understand your needs and interests, and personalize your experience with the Service and our communications; and
  • provide support for the Service, and respond to your requests, questions and feedback.
Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.  
Direct Marketing. We may send you direct marketing communications. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.  

Survey responses. With your consent, we may use your feedback and testimonials to post comments about your experience with the Services on the website, for promotions, or otherwise. 

Compliance and protection. We may use your personal information to:
  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); 
  • audit our internal processes for compliance with legal and contractual requirements or our internal policies; 
  • enforce the terms and conditions that govern the Service; and 
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.  
With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.  
To create anonymous, aggregated and/or de-identified data. We may create anonymous, aggregated and/or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated and/or de-identified data by removing information that makes the data identifiable to you. We may use this anonymous, aggregated and/or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.  

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.  

Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics). 

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above. 

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Kubiya or our affiliates (including, in connection with a bankruptcy or similar proceedings). 

Other uses are the public. We may use your feedback and testimonials to post comments about your experience with the Services on the website, for promotions, or otherwise which may be seen by other users and the public. 

Your choices

Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account.

Cookies. For information about cookies employed by the Service and how to control them, see our Cookie Notice.
Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. 

Retention

We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for Compliance and protection purposes.  To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. When we no longer require the personal information, we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.  

Users in Europe should read the important information provided below about transfer of personal information outside of Europe. 

Children  

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy 

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact us

California Privacy Rights Notice

This section applies only to California residents. It describes our collection, use and disclosure of Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to their Personal Information.  For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA.

Personal Information Collection, Use and Disclosure. The chart below describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy regarding the categories of personal information we collect by reference to the categories listed in the Personal information we collect section of this Privacy Policy and to the statutory categories specified in the CCPA (which are listed in parenthesis).  Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below. We do not: 

  • “sell” or “share” your personal information as those terms are defined under the CCPA and have not done so during the 12 months preceding the effective date of this Privacy Policy; or  
  • use or disclose sensitive personal information for purposes that California residents have a right to limit under the CCPA.  
Personal Information (“PI”) we collect  (statutory categories)Source of PIBusiness/
commercial purpose for PI collection
Categories of third parties to whom we disclose PI for a business purpose
Contact data
(Identifiers, Commercial information, California customer records)
YouThird-party sources Service delivery and operationsResearch & developmentDirect marketing Survey responses Service improvement and analyticsCompliance & protectionAffiliatesService providersOther users and the public
Profile data 
(Identifiers, Commercial information, California customer records, sensitive personal information in the form of account username and password)
YouThird-party sourcesAutomatic collectionService delivery and operationsResearch & developmentDirect marketing Survey responses Service improvement and analyticsCompliance & protectionAffiliatesService providersOther users and the public
Communications data
(Identifiers, Commercial information, California customer records, internet or other electronic network activity information)
YouThird-party sourcesAutomatic collectionService delivery and operationsResearch & developmentDirect marketing Survey responses Service improvement and analyticsCompliance & protectionAffiliatesService providersOther users and the public
Marketing data(Identifiers, Commercial information, California customer records, internet or other electronic network activity information)YouThird-party sourcesService delivery and operationsResearch & developmentDirect marketing Survey responses AffiliatesService Providers
Feedback data(Identifiers, Sensory data, California customer records)YouResearch & developmentDirect marketing Survey responses Service improvement and analyticsAffiliatesService providersOther users and the public
Data about others(Identifiers, Commercial information, California customer records)YouThird-party sourcesAutomatic collectionService delivery and operationsResearch & developmentDirect marketing Survey responses Compliance & protectionAffiliatesService providers
Device data(Identifiers, internet or other electronic network activity information, geolocation data)Automatic collectionService delivery and operationsResearch & developmentDirect marketing Survey responses Service improvement and analyticsCompliance & protectionAffiliatesService providers
Online activity data(Identifiers, internet or other electronic network activity information, geolocation data)Automatic collectionService delivery and operationsResearch & developmentDirect marketing Survey responses Service improvement and analyticsCompliance & protectionAffiliatesService providers
Communication interaction dataYouThird-party sourcesAutomatic collectionService delivery and operationsResearch & developmentDirect marketing Survey responses Service improvement and analyticsCompliance & protectionAffiliatesService providers
Data inferred from other categories above(all statutory categories referenced above)N/AService delivery and operationsResearch & developmentDirect marketing Survey responses Service improvement and analyticsCompliance & protectionAffiliatesService providers

In addition, all personal information we collect is subject to disclosure to our professional advisors, authorities and others, and business transferees as described above in the How we share your personal information section. 

Your privacy rights

  • Right to know. You can request information about how we use and share your personal information, including the categories of personal information that we have collected, the categories of sources from which we collected personal information, the business or commercial purpose for collecting, sharing and/or selling personal information, the categories of any third parties with whom we shared personal information, the categories of any personal information that we sold or disclosed for a business purpose, and the categories of any third parties with whom personal information was sold or disclosed for a business purpose.
  • Right to access. You can request a copy of certain personal information that we have collected about you.
  • Right to deletion. You can ask us to delete personal information that we collected from you.
  • Right to correction.  You can ask us to correct inaccurate personal information that we have collected about you.
  • Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.

How to exercise your rights. You may submit requests to exercise your right to information/know, access, appeal, correction, or deletion via email to [[email protected]]. The rights described above are not absolute, and, in certain cases, we may decline your request as permitted by law or where the laws in your state do not afford you these rights.  We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.  

Verification of identity; authorized agents.  We may need to verify your identity to process your information/know, access, deletion, and correction requests, and we reserve the right to confirm your residency. To verify your identity, we may require authentication into your Service account, provide personal identifiers we can match against information we may have collected from you previously, confirm your request using the email or telephone account stated in the request, provide government identification, or provide a declaration under penalty of perjury, where permitted by law. Furthermore, your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to applicable state law. If you have not provided your agent with such a power of attorney, we may ask you and/or your agent to take additional steps permitted by law to verify that your request is authorized, such as information required to verify your identity and that you have given the authorized agent permission to submit the request. 

Notice to European users

Where this Notice to European users applies. The information provided in this “Notice to European users” section applies only to individuals in the United Kingdom and the European Economic Area (i.e., “Europe” as defined at the top of this Privacy Policy).

Personal information. References to “personal information” in this Privacy Policy should be understood to include a reference to “personal data” (as defined in the GDPR) – i.e., information about individuals from they are either directly identified or can be identified.   

Controller. Kubiya is the controller in respect of the processing of your personal information covered by this Privacy Policy for purposes of European data protection legislation (i.e., the EU GDPR and the so-called ‘UK GDPR’ (as and where applicable, the “GDPR”)). See the ‘How to contact us’ section above for our contact details.

Our GDPR Representatives. We have appointed the following representatives in Europe as required by the GDPR – you can also contact them directly should you wish:

Our Representative in the EU. Our EU representative appointed under the EU GDPR is [insert]. You can contact them:By email to: [email protected]Our Representative in the UK. Our UK representative appointed under the UK GDPR is [insert]. You can contact them:By email to: [email protected]

[Our Data Protection Officer. We have appointed a “Data Protection Officer”, this is a person who is responsible for independently overseeing and advising us in relation to our compliance with the GDPR (including compliance with the practices described in this Privacy Policy). If you want to contact our Data Protection Officer directly, you can email: [insert]]

Our legal bases for processing. In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a “legal basis” for that use. 

Our legal bases for processing your personal information described in this Privacy Policy are listed below.

  • Where we need to perform a contract, we are about to enter into or have entered into with you (“Contractual Necessity”).
  • Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your personal information for is set out in the table below.
  • Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
  • Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).  

We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your personal information – for more information on these Purposes and the data types involved, see ‘How we use your personal information’

PurposeCategories of personal information involvedLegal basis
Service delivery and operationsContact dataProfile DataCommunications dataMarketing dataFeedback dataDevice dataOnline activity dataContractual Necessity 
Research and development Any and all data types relevant in the circumstancesLegitimate interest. We have a legitimate interest in providing you with a good service, which is that is based on our understanding of individuals’ selections and preferences.
Direct marketingContact dataProfile data  Communications data  Marketing data Online activity dataLocation dataLegitimate Interests. We have a legitimate interest in promoting our operations and goals as an organization and sending marketing communications for that purpose.Consent, in circumstances or in jurisdictions where consent is required under applicable data protection laws to the sending of any given marketing communications.
Survey responsesFeedback dataContact dataProfile DataCommunications dataConsent 
Compliance and protectionAny and all data types relevant in the circumstancesCompliance with Law.Legitimate interest. Where Compliance with Law is not applicable, we and any relevant third parties have a legitimate interest in participating in, supporting, and following legal process and requests, including through co-operation with authorities. We and any relevant third parties may also have a legitimate interest of ensuring the protection, maintenance, and enforcement of our and their rights, property, and/or safety.
To create aggregated, de-identified and/or anonymized dataAny and all data types relevant in the circumstancesLegitimate interest. We have legitimate interest, and believe it is also in your interests, that we are able to take steps to ensure that our Services and how we use Personal Information is as un-privacy intrusive as possible.
Further uses Any and all data types relevant in the circumstancesThe original legal basis relied upon, if the relevant further use is compatible with the initial purpose for which the Personal Information was collected. Consent, if the relevant further use is not compatible with the initial purpose for which the personal information was collected.

No sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the services, or otherwise to us. If you provide us with any sensitive personal information to us when you use the services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our services.

No Automated Decision-Making and Profiling. As part of the Service, we do not engage in automated decision-making and/or profiling, which produces legal or similarly significant effects. 

Your rights. European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:

  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct.  Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information where there is no lawful reason for us continuing to store or process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be described to you, if applicable, at the time of your request; 
  • Portability. Port a machine-readable copy of your personal information to you or a third party of your choice, in certain circumstances. Note that this right only applies to automated information for which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Restrict. Restrict the processing of your personal information, if, (i) you want us to establish the personal information’s accuracy; (ii) where our use of the personal information is unlawful but you do not want us to erase it; (iii) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use it.
  • Object. Object to our processing of your personal information where we are relying on Legitimate Interests (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedom – you also have the right to object where we are processing your personal information for direct marketing purposes.
  • Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time. This will not affect the lawfulness of any processing carried out before you withdraw your consent.  

Exercising These Rights. You may submit these requests by email to [email protected] or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions.  

Your Right to Lodge a Complaint with your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence. 

  • For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
  • For users in the UK – the contact information for the UK data protection regulator is below:

The Information Commissioner’s Office

Water Lane, Wycliffe House

Wilmslow – Cheshire SK9 5AF

Tel. +44 303 123 1113

Website: https://ico.org.uk/make-a-complaint/

Data Processing outside Europe.  We are a U.S.-based company and many of our service providers, advisers, partners or other recipients of data are also based in the U.S. This means that, if you use the Service, your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside Europe.  

It is important to note that that the US is not the subject of an ‘adequacy decision’ under the GDPR – basically, this means that the U.S. legal regime is not considered by relevant European bodies to provide an adequate level of protection for personal information, which is equivalent to that provided by relevant European laws. 

Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented: 

  • Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by the European Commission or UK Government (as and where applicable) (from time to time).
  • Transfers to territories without an adequacy decision.
    • We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection (e.g., the U.S., see above).  
    • However, in these cases:
      • we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in Europe – for example, standard-form contracts approved by relevant authorize for this purpose; or 
      • in limited circumstances, we may rely on an exception, or ‘derogation’, which permits us to transfer your personal information to such country despite the absence of an ‘adequacy decision’ or ‘appropriate safeguards’ – for example, reliance on your explicit consent to that transfer. 

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.

Last modified 9/13/2022