This Privacy Policy sets forth our policy in relation to personal and other information collected about users (the "User(s)"), that access and/or use KubeHQ's commercial websites (e.g https://www.kubeshark.co/ and https://console.kubeshark.co) (the "Service") and/or its Network Observability solution, also known as Kubeshark, (the "Platform"), owned, and operated by KubeHQ, Inc. and its affiliates ("KubeHQ").
KubeHQ is committed to maintaining the privacy and confidentiality of the Information (as such term is defined below) of its Service’s Users.
Please read this Privacy Policy carefully and use it to make informed decisions. By accessing/and or using the Service, User hereby accepts the terms of this Privacy Policy without any modification.
1. TERM OF THIS PRIVACY POLICY
1.1. This Privacy Policy will enter into effect and become binding upon the User’s use of, or access to, the Service and shall remain in effect for an indefinite period of time, so long as the User is using or maintaining access to the Service.
1.2. By accessing and/or using the Service, the User hereby explicitly consents to the collection, storage, use, and transfer of the Information in the manner outlined in this Privacy Policy.
1.3. The Service may contain inadvertent inaccuracies or typographical errors. These will be corrected at KubeHQ’s discretion, as they are found. The content integrated into the Service may be updated, upgraded or modified on a regular basis, but inaccuracies may remain or occur where changes occur between updates, upgrades and modifications. KubeHQ excludes any obligation or responsibility for any such inaccuracies.
1.4. KubeHQ makes reasonable attempts to block viruses from the Service, but it cannot ensure this exclusion and no liability is accepted for viruses. Accordingly, Users must take all appropriate safeguards before downloading information from the Service.
2. THE INFORMATION KUBEHQ COLLECTS AND HOW KUBEHQ COLLECTS IT
2.1. Information collected when accessing and/or using the Service (the "Personal Data"). While accessing and/or using the Service, User may be requested to provide KubeHQ with certain information such as:
2.1.1. Registration Details. When registering to our Services, we may collect certain information that can be used to identify Users, including the representatives, such as: name, email address, postal address, phone number, User IDs, business contact information, credentials information and other relevant details which are relevant to the User.
2.1.2. Voluntary Information. KubeHQ also collects information which Users provide it voluntarily. For example, when a User responds to communications from KubeHQ, ask for KubeHQ’s support, communicate with KubeHQ via email or share additional information about itself through the Services.
2.1.3. Payment Information. When registering to our Services for a fee, Users’ billing information is forwarded directly to a third-party billing or clearing service providers engaged by KubeHQ.
2.2. Information Collected via the Service (the "Usage Data").
2.2.1. Device Information. KubeHQ may collect information on the specific types of connection details and information with regard to Users’ device, software or hardware that may identify such User, such as: online identifiers, device’s unique identifiers (e.g. UDID, MAC address), operating system, IP address and geolocation.
2.2.2. Cookies. Like many other websites, KubeHQ uses "cookies" to collect data in order to assist Users and provide them with a more personal experience in using the Service. Standing alone, “cookies” do not personally identify any Users. They merely recognize the User's web browser. Users can always disable cookies at their browser. If Users disable the cookies, some (or all) of the features and functionality of the Service may not be available to such Users. by accessing the Service, User expressly consents to KubeHQ’s use of cookies, as detailed above.KubeHQ may also use other technologies (such as web beacons) to collect anonymous non-personally identifiable information. Such information may include User's IP address, browser type, referring website, site usage, and whether Users opened emails they received from KubeHQ.
2.2.3. Ancillary Data. KubeHQ may collect data about Users’ configurations and applications utilized in connection with the hosted Service, support data, operational data, log data, logs of Users’ usage and click activities, logs about Users’ login history, identity confirmation, the performance results for the hosted Service, bugs, errors, crash reports, which can include Device Data, location data, and other User data at the time of the bug, error, and/or crash, the use and performance of the software, including IP address, username, and host name.Personal Data and Usage Data as described above shall be referred to together as the "Information".
2.3. Information collected via the Platform (the "Platform Data").
2.3.1. Telemetry Information. KubeHQ may collect data available on the Platform, and use such Telemetry Data to improve the Platform performance and functionality and improve services and support to KubeHQ customers and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, security and software integrity assurance, remote control and support and billing. KubeHQ may use various analytics tools in performing the above. 2.4. Information collected via the Platform under the Enterprise Plan.
2.4.1. Following the valid purchase of an Enterprise plan, User can configure the Service to ensure no data is collected by KubeHQ or sent to the KubeHQ by the Platform.
3. WHAT KUBEHQ DOES WITH THE INFORMATION
The Information will be used in accordance with applicable laws for the following purposes:
3.1. Improve the functionality, design and quality of the Service and Service.
3.2. KubeHQ may occasionally inform Users (if such User agrees to receive such notifications from KubeHQ) of new features, functionality, services and products, and other promotions from KubeHQ as well as send Users periodic updates, tips and newsletters. Users may opt-out of receiving these correspondences from KubeHQ by following the unsubscribe instructions included in each email or by contacting KubeHQ in accordance with the provisions of Section 4 below. Please note that regardless of User's election, KubeHQ may continue sending notices with respect revisions made in this Privacy Policy.
3.3. To respond to questions and comments from Users and identify them.
3.4. To provide customer support, and in order to detect, prevent and address technical issues.
3.5. To gather analysis or valuable information enabling KubeHQ to monitor the usage of the Service.
3.6. To investigate and prevent fraudulent transactions, unauthorized access to the Service, and other illegal activities, or other crime and fraud prevention, detection and related purposes.
3.7. For managing insurance claims.
3.8. Cybersecurity needs, fraud detection and misuse of the Service.
3.9. To link or combine the Information with other information it receives from third parties to help understand user needs and provide better service.
3.10. Internal record keeping.
3.11. KubeHQ may post Users' testimonials on the Service which may contain personally identifiable information. By providing such testimonial to KubeHQ, the Users hereby agree and consent that KubeHQ will post User's name along with User's testimonial.
3.12. Where it has a legal right or duty - to use or disclose the information (for example in relation to an investigation by a public authority or in a legal dispute).
4. HOW TO OPT-OUT?
4.1. A User that no longer wishes to receive communications from KubeHQ, may opt out of receiving them at any time, by clicking ‘unsubscribe’ on any e-mail communication, or sending an email with its request to info@kubeshark.co.
4.2. Please note that even if you opt out of receiving marketing communications by postal mail, we may continue to send you transactional communications about your subscription or orders by postal mail.
4.3. Users wishing that KubeHQ will cease collecting their Information, may send an email with their request to info@kubeshark.co. Please note that this will not affect any Information already obtained by KubeHQ as per the User’s consent to this Privacy Policy.
5. SPECIFIC PROVISIONS FOR USERS FROM THE EUROPEAN ECONOMIC AREA (EEA)
5.1. Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)If a User is from the European Economic Area (EEA), KubeHQ’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data it collects and the specific context in which KubeHQ collects it. KubeHQ may process Users' Personal Data because:
5.1.1. KubeHQ needs to perform a contract with such User;
5.1.2. The Users have given KubeHQ permission to do so;
5.1.3. The processing is in KubeHQ’s legitimate interests and it's not overridden by Users' rights;
5.1.4. To comply with the law.
5.2. USERS' DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
5.2.1. If a User is a resident of the European Economic Area (EEA), such User have certain data protection rights. KubeHQ aims to take reasonable steps to allow any User to correct, amend, delete, or limit the use of its Personal Data.
5.2.2. If a User wishes to be informed what Personal Data KubeHQ holds about them, or if a User wishes that such Personal Data will be removed from KubeHQ’s systems, please contact KubeHQ via email to info@kubeshark.co.
5.2.3. In certain circumstances, a User may have the following data protection rights:
5.2.3.1. The right to access, update or to delete the information KubeHQ has on such User. If needed, assistance may be provided by contacting KubeHQ.
5.2.3.2. The right of rectification. A User has the right to have its information rectified if that information is inaccurate or incomplete.
5.2.3.3. The right to object. A User has the right to object to KubeHQ’s processing of their Personal Data.
5.2.3.4. The right of restriction. A User has the right to request that KubeHQ restrict the processing of their personal information.
5.2.3.5. The right to data portability. A User has the right to be provided with a copy of the information KubeHQ have on them in a structured, machine-readable and commonly used format.
5.2.3.6. The right to withdraw consent. A User also has the right to withdraw their consent at any time where KubeHQ relied on their consent to process their personal information.
5.2.3.7. The right to be forgotten. A User has the right, under certain circumstances as provided in the GDPR to require that KubeHQ shall delete certain information.
5.2.3.8. KubeHQ may ask a User to verify their identity before responding to such requests.
5.2.3.9. A User has the right to complain to a Data Protection Authority about KubeHQ’s collection and use of their Personal Data. For more information, please contact a local data protection authority in the European Economic Area (EEA).
6. SPECIFIC PROVISIONS FOR USERS FROM CALIFORNIA, UNITED STATES UNDER CALIFORNIA DATA PROTECTION RIGHTS LAWS.
6.1. If the User is a California resident who provides personal data in obtaining products or services for personal, family or household use, California Consumer Privacy Act (CCPA), permits the User to request in writing and obtain from KubeHQ, twice per calendar year, information about the Information shared by KubeHQ, if any, with other third parties for their own direct marketing purposes.
6.2. If applicable, such Information would include a list of the categories of the User's data and the names and addresses of those businesses with which KubeHQ have shared such Information during the preceding calendar year (i.e., requests for information made in 2023, will receive data regarding 2022 sharing activities).
6.3. To make such a request, Users are kindly requested to contact KubeHQ at info@kubeshark.co and write "Request for California Privacy Data" as the subject of message.
6.4. Please note that not all the shared Information is covered by the CCPA requirements and therefore only data which is covered will be included in KubeHQ’s response.
7. DURATION OF STORING THE INFORMATION
7.1. KubeHQ will retain Users' Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. KubeHQ will retain and use Users' Personal Data to the extent necessary to comply with KubeHQ’s legal obligations (for example, if KubeHQ is required to retain such data to comply with applicable laws), resolve disputes, and enforce KubeHQ’s legal agreements and policies.
7.2. KubeHQ will retain any Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of KubeHQ’s Service, or in case KubeHQ is legally obligated to retain this data for longer time periods.
8. SHARING INFORMATION WITH THIRD PARTIES
KubeHQ will be entitled to share Information with third parties, as follows:
8.1. KubeHQ may disclose general aggregate deanonymized information to potential business partners, investors, or the public, but KubeHQ will not, without User's specific permission, disclose any of User's Information to third parties.
8.2. If KubeHQ becomes involved in a merger, acquisition, or any form of sale of some, or all, of its assets, KubeHQ may transfer all the Information in connection with such transaction.
8.3. KubeHQ may use and share Information with certain third parties that assist KubeHQ to operate the Service (e.g., cloud providers, email distribution service providers, CRM providers, support ticketing providers and other similar service providers). Such third-party providers will have access to the Information as required to perform their functions but may not use it for other purposes.
8.4. KubeHQ may share the Information with KubeHQ’s affiliates and subsidiaries.
8.5. KubeHQ may share Information with third parties in order to comply with any applicable law, legal process, preventing fraud or imminent harm, ensuring the security of the Service, and when KubeHQ believes that disclosure is necessary to protect KubeHQ rights.
9. THIRD PARTY WEBSITES; THIRD PARTIES COOKIES
9.1. KubeHQ’s Service uses third party cookies such as Google Analytics. The use of “cookies” by such third parties is not covered by this Privacy Policy and KubeHQ does not have access or control over such cookies. Please refer to the applicable third-party websites for further information and for their cookies’ statements. For example, if you wish to know how Google uses data, you can visit here.
9.2. Users can choose to have their device warn them each time a persistent or session cookie is being sent, or they can choose to turn off such cookies through their browser settings. Please note that even if you turn off any third-party cookies, KubeHQ may still use and share Information with third parties for non-marketing purposes (for example to fulfill your requests and orders, communicate with you and respond to your inquiries, etc.). In such cases, the entities with whom we share your Information are authorized to use your Information only as necessary to provide these non-marketing services.
10. INFORMATION SECURITY
10.1. KubeHQ uses industry standard security measures to protect the Information against unauthorized access to or unauthorized alteration, disclosure or destruction. These measures include internal reviews of the Information collection, storage and processing practices and security measures. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, KubeHQ cannot guarantee the absolute security of the Information.
10.2. KubeHQ restricts access to the Information to KubeHQ’s employees, contractors and agents who need to know such Information. These individuals are bound by confidentiality obligations and KubeHQ requires all of them to agree to use the Information solely for the purpose for which it was initially provided to them, and strictly in accordance with this Privacy Policy.
11. CHILDREN'S PRIVACY
11.1. Users must be at least thirteen (13) of age to access KubeHQ’s Service. KubeHQ’s Service must not be used by individuals who are under the age of eighteen (18) without parental consent (collectively, "Children").
11.2. KubeHQ does not knowingly collect personally identifiable information from anyone under the age of eighteen (18). If a parent or guardian is aware that his Children have provided KubeHQ with any Personal Data, he is requested to contact KubeHQ. If KubeHQ becomes aware that it has collected Personal Data from Children without verification of parental consent, KubeHQ will take steps to remove that information from its servers.
11.3. KubeHQ will obtain prior parental consent if any changes KubeHQ makes to this Privacy Policy affect users under the age of 13 in a way that requires such consent under the applicable law including the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505.
12. MISCELLANEOUS
12.1. For any question, concern, comments or suggestions regarding this Privacy Policy, please contact KubeHQ at info@kubeshark.co.
12.2. KubeHQ reserves the right at any time to modify this Privacy Policy. Any such modification will be effective immediately upon posting the amended Privacy Policy on the Service and/or by sending a notification to the Users. The User’s continued use of the Service after the effective date of any such modification will be deemed acceptance of such modified Privacy Policy.
12.3. All disputes arising out of this Privacy Policy will be subject to the governing law of the state of Delaware, USA and the exclusive jurisdiction of the competent courts located in the city of Delaware, USA. The parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit either party from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms.
12.4. Copyright. The copyrights in this publication are owned by KubeHQ Inc. and its subsidiaries.
12.5. Trademarks. "KubeHQ" is a trademark of KubeHQ. No license to use any of the KubeHQ trademarks is given or implied. The trademark may not be copied, downloaded, reproduced, used, modified or distributed in any way (except as an integral part of an authorized copy of material appearing in these web pages, as set forth in the previous section paragraph), without the prior written consent of KubeHQ. All other trademarks or trade names referred to in the Service are the property of their respective owners.
13. CONTACT US
If you have questions or comments about the Privacy Policy or KubeHQ's data collection in general, please send us an email at info@kubeshark.co.
Last modified: 04 September 2024