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KUSTOMER PRODUCT PRIVACY STATEMENT

EFFECTIVE DATE: APRIL 15, 2021

Kustomer, Inc. (“Kustomer,” “we,” “us,” or “our”) provides a SaaS customer
relationship management platform that optimizes the communications and
interactions of our business clients (“Client,” “you,” or “your“) with the
customers/end-users of their products and services (“Customers“). This Product
Privacy Statement explains how Kustomer collects, uses, discloses, and otherwise
processes Customers’ personal information or personal data on behalf of our
Clients in connection with our Clients use of our products and services
(collectively, the “Services“). For the prior version of our Product Privacy
Statement, click here.


SCOPE

Personal information or personal data refers to any data or information that can
be used to identify a natural person, and are subject to applicable data
protection laws, such as the EU General Data Protection Regulation 2016/679
(“GDPR”) or the California Consumer Privacy Act (Assembly Bill 375), as amended
(“CCPA”). We use the term “Personal Data” throughout this Product Privacy
Statement to mean, as applicable, “personal data” (under the GDPR), “personal
information” (under the CCPA), or similarly defined personally identifiable
information governed by an applicable data protection law that is made available
to Kustomer in connection with the Services.

With respect to cases in which Kustomer collects or receives Personal Data under
and/or pursuant to the direction of our Clients, Kustomer is acting as a data
processor (under GDPR) or service provider (under CCPA), and our Clients are the
data controllers (under GDPR) or businesses (under CCPA) with respect to such
Personal Data. To this end, if not stated otherwise in this Product Privacy
Statement or in a separate disclosure, we process such Personal Data as a
processor/service provider on behalf of our Clients (and their affiliates) who
are the controller/business that have collected the Personal Data.

Kustomer’s processing of Personal Data in connection with the Services is
governed by this Product Privacy Statement and our agreements with each Client,
including our Master Subscription Agreement available here and our Data
Processing Addendum available here (in each case, a “Client Agreement”). In the
event of any conflict between this Product Privacy Statement and the
corresponding Client Agreement, the Client Agreement will control to the extent
permitted by applicable law.

For detailed privacy information related to a Client who uses our Services to
process Personal Data, please contact our Clients directly. We are not
responsible for and have no control over the privacy or data security practices
of our Clients, which may differ from those explained in this Product Privacy
Statement. This Product Privacy Statement is also not a substitute for any
privacy notice that our Clients are required to provide to their Customers,
employees and other personnel authorized to use the Services (“Client Users”),
or other end-users. An individual who seeks access, or who seeks to correct,
amend, or delete Personal Data that is stored in our Services on behalf of our
Clients, in each case as permitted by applicable data protection laws, should
direct their query to our Clients (the data controller/business).

This Product Privacy Statement does not apply to any personal information or
personal data collected by Kustomer on our websites or through other channels
for marketing purposes. For more information on our data collection practices in
connection with these channels, please visit the Kustomer Privacy Policy here.


WHAT PERSONAL DATA DOES KUSTOMER COLLECT OR RECEIVE THROUGH THE SERVICES?

Kustomer receives or collects Personal Data which is stored in or transmitted
via the Services by, or on behalf of, our Clients. This may include Personal
Data such as contact information of our Client’s Customers (first and last name,
email or physical address, social media handle, telephone number and IP
address), gender, order and purchase history, correspondence between Client
Users and their Customers, medical information (for Clients who are covered
entities and have engaged Kustomer as a business associate under HIPAA) and
other data our Clients collect about their Customers’ use of their products and
services. This Personal Data may be provided to us directly by our Clients or
through third-party services such as connections and/or links to third party
websites and/or services that Kustomer enables Client to integrate with and
access through the Services, including, without limitation, via application
programming interfaces, workflows or webhooks (“Third-Party Applications”).

We also collect Personal Data from Client Users such as name, email address,
third-party account credentials and data about Client Users’ devices (such as
browser type, operating system, device identification number and IP address) and
usage of our Services (such as pages viewed, date/time stamps and searches
performed) through log files and other technologies, some of which may qualify
as Personal Data. This Personal Data may be received or collected by us directly
from our Clients and Client Users, through Third-Party Applications or by
automated means, such as cookies (e.g. essential cookies) and web beacons
through our use of sub-processors.


HOW DOES KUSTOMER USE PERSONAL DATA?

We use the data we collect at the instruction of our Clients and in accordance
with our Client Agreements, to operate and provide the Services and for related
internal purposes, including: (a) enabling Client Users to access and use the
Services; (b) maintain the security of the Services; (c) providing information
about the Services, responding to inquiries, complaints, and requests for
support; (d) as we believe necessary or appropriate to comply with applicable
law, enforce the terms and conditions that govern the Services, protect our
rights, privacy, safety or property, and/or that of you or others, and protect,
investigate and deter against fraudulent, harmful, unauthorized, unethical or
illegal activity; and (e) improving our Services, including by using aggregated
and/or de-identified data.


HOW DOES KUSTOMER SHARE PERSONAL DATA?

We share the Personal Data we collect with (a) our Clients and Client Users, to
the extent the Personal Data pertains to Client Users and Client’s Customers;
(b) sub-processors that help us provide, manage, secure and improve the Services
(you can see our list of third party sub-processors here); and (c) Third-Party
Applications that you have set up for integration.

Client Users that register, install or access any Third Party Applications may
be required to accept privacy notices provided by those Third Party
Applications. Please review those notices carefully, as Kustomer does not
control and cannot be responsible for these Third Party Applications’ privacy or
information security practices.

We may also share Personal Data with government, law enforcement officials or
private parties as required by law, when we believe such disclosure is necessary
or appropriate to (a) comply with applicable law; (b) enforce the terms and
conditions that govern the Services; (c) protect our rights, privacy, safety or
property, and/or that of you or others; and (d) protect, investigate and deter
against fraudulent, harmful, unauthorized, unethical or illegal activity, in the
event of active or prospective litigation or arbitration, for regulatory
compliance efforts and/or audit.


HOW DOES KUSTOMER SECURE AND PROTECT PERSONAL DATA?

The security of Personal Data is important to us. Kustomer uses generally
accepted physical, electronic, and procedural safeguards to protect Personal
Data submitted to us (both during transmission and once it is received) from
loss, theft, misuse, and unauthorized access, disclosure, alteration, and
destruction in accordance with applicable law to protect the Personal Data.

If Client Users access the Services via a third party site or service, they may
have additional or different sign-on protections via that third party site or
service. Clients must prevent unauthorized access to Client Users’ account and
Personal Data stored in the Services by selecting and protecting your password
and/or other sign-on mechanism appropriately and limiting access to your
computer or device and browser by signing off after you have finished accessing
your account. We also recommend that our Clients take steps to protect against
unauthorized access to any devices, networks and applications (including Third
Party Applications) connected to, or integrated with, the Services.

We endeavor to protect the privacy of Client Users accounts and the Personal
Data we store in the Services. Kustomer has achieved SOC 2 Type 2 compliance, we
regularly engage third-party security experts to perform detailed penetration
tests and we monitor and respond to security alerts and events. Unfortunately,
we cannot guarantee that any safeguards or security measures will be sufficient
to prevent a security problem. See the security section of our website and the
Client Agreements for additional information regarding Kustomer’s information
security practices.


CROSS-BORDER DATA TRANSFERS

The Services are hosted and operated in the United States (“U.S.”) and the
European Union (“EU”) through Kustomer and our sub-processors. In order to
provide the Services, Kustomer or our sub-processors may transfer Personal Data
outside of the country in which Customers and Client Users are located,
including to the U.S. or to other jurisdictions that may not be subject to
equivalent data protection laws. See the Client Agreements for additional
information regarding how Kustomer safeguards Personal Data transferred across
borders, including the additional protections we offer to safeguard the privacy
rights of EU residents.

When transferring Personal Data across borders we take steps reasonably
necessary to ensure that the information or data is subject to appropriate
safeguards, is treated securely and is transferred under an approved data
transfer mechanism pursuant to applicable data protection laws, including where
applicable by entering into standard contractual clauses for the transfer of
data as approved by the European Commission (as described in Article 46 of the
General Data Protection Regulation).

In order to execute Kustomer’s Data Processing Addendum, please click here.


DATA RETENTION

We retain Personal Data that we process on behalf of our Clients so long as
Kustomer’s contractual obligations remain with our Clients. We endeavor to
delete Personal Data as soon as reasonably practicable, but in no event more
than ninety (90) days following the termination of our contractual relationship
with a Client unless a longer retention period is requested by a Client and
agreed to by us. Client Users with administrative rights can use the Services to
delete and permanently remove Customer’s Personal Data that is stored within the
Services. We will permanently delete Customer’s Personal Data pursuant to such
instructions promptly, but at least within ninety (90) days of such requests.
For deletion of all other Personal Data and/or for deletion of your entire
Kustomer instance at the end of your contractual relationship, please email
support@kustomer.com. Afterwards, where permitted by applicable law, we may
retain some information in aggregated and/or de-identified form but not in a way
that would identify Client or individuals personally.

For Client User Personal Data that is shared with us (1) in connection with
responding to Client User inquiries, complaints, and requests for support of the
Services (2) on order forms and as part of contracts (e.g. contact information
on statements of work, etc.) and (3) for invoicing purposes, including Client
financial information, we may retain such Personal Data beyond the end of our
contractual obligations with our Clients, 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.
Additionally, like most hosted service operators, we retain some of the device
and usage data collected by the Services in log files beyond the end of our
contractual obligations with our Clients, whether alone or in conjunction with
other data. This log file data may be aggregated and/or de-identified data in a
way that would not identify Client Users personally but certain log file data
could be personally identifying to a Client User. To the extent we retain any
such data beyond the end of our contractual obligations, we will continue to
treat such data in accordance with this Product Privacy Statement.

Please see your Client Agreements for additional information regarding
Kustomer’s data retention practices. In the event of any conflict with the
above, such Client Agreements shall control.


DATA SUBJECT RIGHTS UNDER GDPR & CCPA

Clients are the data controllers/businesses of Customer’s Personal Data. As
such, Clients are responsible for receiving and responding to requests from
their Customers and other individuals to exercise any rights afforded to them
under applicable data protection laws. If requested to remove Personal Data by a
Client, we will respond within a reasonable timeframe and in accordance with the
Client Agreements.

Because we may only access a Client’s data upon their instructions, if Kustomer
receives a data subject request directly from a Customer using our data subject
request form, Kustomer will inform the Customer to contact the Client directly
about any request relating to his/her Personal Data such as access or deletion,
and to the extent that the applicable data protection law does not prohibit
Kustomer from doing so, we will refer their request to the Client they specify
in their request. Kustomer will not further respond to a data subject request
without Client’s prior consent and will assist Clients in responding to such
requests as set forth in the Client Agreement.


ADDITIONAL INFORMATION REGARDING PERSONAL DATA OF RESIDENTS OF CALIFORNIA

Kustomer understands and will comply with the foregoing restrictions and the
applicable requirements of the CCPA. For the purposes of the CCPA, Clients as
the “Business” under the CCPA bear the primary responsibility for ensuring that
their processing of Personal Data is compliant with relevant data protection
law, including the CCPA. Kustomer collects, accesses, maintains, uses,
processes, transfers and shares the Personal Data of our Client’s Customers and
Client Users processed through the Services solely for the purpose of performing
our obligations under the Client Agreements; Kustomer does not receive any
Personal Data, as defined by the CCPA, from its Clients as consideration for the
Services.

We do not “sell” Client Users’ or Customer’s Personal Data as currently defined
under the CCPA, meaning that we also do not rent, disclose, release, transfer,
make available or otherwise communicate that Personal Data to a third party for
monetary or other valuable consideration. We may share aggregated and/or
anonymized information regarding use of the Service(s)—which is not considered
Personal Data under the CCPA—with third parties to help us develop and improve
the Services and provide our Clients with more relevant content and service
offerings as detailed in our Client Agreements.


DO NOT TRACK

Client Users’ browsers may offer a “Do Not Track” or “DNT” option, which allows
individuals to signal to operators of websites and web applications and services
that such individual does not wish such operators to track certain online
activities over time and/or across different websites. Because we consider
certain tracking of Client User activity as necessary for the proper performance
and functioning of our Services, our Services do not respond to, and we do not
support, Do Not Track requests at this time. To find out more about “Do Not
Track,” you can visit www.allaboutdnt.com.


CHANGES TO THIS PRODUCT PRIVACY STATEMENT

If we make material changes to this Product Privacy Statement, we will notify
you in a manner that we believe will be reasonably likely to reach you (which
may include email, a specific announcement on this page, our website, or on our
blog).


CONTACT US

If you are a Client and have any questions about this Product Privacy Statement,
you can contact our compliance team at compliance@kustomer.com or write to us
at:

Kustomer, Inc.
5 Penn Plaza, 19th Floor
New York, NY 10001
Attn: Compliance Officer
If you need to access this notice in an alternative format, please contact us at
compliance@kustomer.com.


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do not allow these cookies we will not know when you have visited our site, and
will not be able to monitor its performance.

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These cookies are necessary for the website to function and cannot be switched
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which amount to a request for services, such as setting your privacy
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or alert you about these cookies, but some parts of the site will not then work.
These cookies do not store any personally identifiable information.

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or all of these services may not function properly.

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