Kontena Privacy Policy

Effective as of: October 21, 2016

Kontena, Inc. (“Kontena”, “we”, “us”, or “our”) recognizes the importance of privacy. In this Privacy Policy, we describe how we collect, use, and disclose information that we obtain about users of our website www.kontena.io and its sub-domains (collectively, the “Site”) and any related services or software containing that refer to our Terms of Service (the Site and such services and software are, collectively, the “Services”).

By using any of our Services, you agree that any information that we collect from or about you through our Services will be handled as described in this Privacy Policy. Your use of our Services, and any dispute over privacy, is subject to this Privacy Policy and our Terms of Service, including applicable limitations on damages and the resolution of disputes.

Information We Collect

We collect information about you directly from you, from third parties, and automatically through your use of our Services. We may combine information collected from or about you from these various sources.

  • Information We Collect Directly From You. We collect information about you directly from you. The information we collect varies depending on your interaction with our Services. For example, if you register to use our Services, we will collect your email address, username, and password. If you pay for our Services, we will collect information to process your payment, including name, payment card information, and billing address. We will also collect any other information that you choose to provide to us through our Services, such your name, profile picture, company name, biography, location, and other profile information; your name, email address, company, title, and the contents of your message if you contact us through our Site; or your responses to survey questions.
  • Information We Collect from Third Parties. We may collect information about you from third parties. For example, if you login to our Services through a third party account (e.g., GitHub), we may collect your name, contact details, photo, company details, and other information from that third party.
  • Information We Collect Automatically Through Our Site. We automatically collect information about you through your use of our Services, including (but not limited to) your IP address, the type of browser you are using, domain name (including path and query string), the website or application that led you to our Services, the website or application to which you go after leaving our Services, the dates and times you access our Services; the device you are using; operating system; device identifier; preferred language; and mobile network information. Our Services contain an automated system for collecting and reporting usage data to us, such as the containers you connect with and the number of nodes you have. We may also utilize third party software to collect usage information. We may combine automatically collected information with other information that we collect about you. Please see our Cookies and Other Tracking Mechanisms section below for more information about tracking, and our Your Choices section for more information on how to opt out of sharing certain types of usage data.
  • Your Data. We have no control over the data you store or manage through the Services, and our Policy does not apply to your use of the Services or management of data through the Services.
  • Sensitive Data. We do not intentionally collect sensitive information, such as Social Security numbers, genetic data, health information, or religious information, and you should not integrate or store such data with our Services. If you store any sensitive information in your Kontena account or process any through our Services, you are consenting to our storage of that information on our servers, which are distributed across the United States and Europe.

How We Use Your Information

We may use your information, including personal information and Content (defined below), for the following purposes:

  • Providing and Improving Our Services. To provide and maintain our Services; to improve our Services; to develop new features, products, or services; to authenticate users; to process payments; to fulfill user orders and requests; to perform technical operations, such as updating software; to monitor and protect the security of our Services; and for other service- and support-related purposes.
  • Marketing and Communications. To communicate with you (including by email) about your account and use of our Services, including to send you product or service updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Please see “Your Choices” below for more information about communications from us.
  • Research and Analytics. To analyze how users interact with our Services; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes.
  • Protecting Rights and Interests. To protect the safety, rights, property, or security of Kontena, the Services, any third party, or the general public; to detect, prevent or otherwise address fraud, security, or technical issues; to prevent or stop activity that Kontena, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Privacy Policy and our Terms of Service.
  • Legal Compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

How We Disclose Your Information

We may disclose your information, including personal information, as described in this Privacy Policy or as described to you at the time of collection or disclosure, including as follows:

  • Kontena Users. We will disclose your information to other Kontena users as necessary to provide our Services. For example, if you upload stack files to our Services and do not label it as Private User Content, as defined in our Terms of Service, then those stack files, along with your public profile, will be available to other Kontena Users.
  • Affiliates. We may disclose your information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy.
  • Service Providers. We may disclose your information to our vendors, service providers, agents, or others who perform functions on our behalf. For example, we may disclose your information to third-party service providers to process payments on our behalf.
  • Business Transfers. We may disclose your information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.
  • Protecting Rights and Interests. We may disclose your information to protect the safety, rights, property, or security of Kontena, the Services, any third party, or the general public; to detect, prevent or otherwise address fraud, security, or technical issues; to prevent or stop activity which Kontena, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Privacy Policy and our Terms of Service.
  • Legal Compliance. We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.
  • Aggregate and De-Identified Information. We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, or other purposes.

Cookies and Other Tracking Mechanisms

We and our service providers use cookies and similar technologies (e.g., HTML5 local storage, clear GIFs) to track information about your use of our Services. We or our service providers may combine this information with other information, including personal information, we collect about you.

  • Cookies. For example, we or our service providers may use cookies to track visitor activity on our Site. A cookie is a text file that a website transfers to your computer’s hard drive for record-keeping purposes. We or our service providers may use cookies to track user activities on our Site, such as the pages visited and time spent on our Site. Most browsers allow users to refuse cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies may not be able to browse certain areas of the Site.
  • Clear GIFs, pixel tags, and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also known as web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
  • Do-Not-Track Signals. Our Services do not respond to Do Not Track signals. For more information about Do Not Track signals, please see https://allaboutdnt.com/.

User-Generated Content

You may post or upload materials to our Services, such as a photo, biography, stack files and plugins, and other content (collectively, “Content”). If you post Content on our Services, the Content, as well as other information, such as your profile information, may be available to all users of our Services, and we cannot prevent such information from being used in a manner that may violate this Privacy Policy, our Terms of Service, the law, or your personal privacy. See our Your Choices section for more information on how to make certain information public or private.

Third-Party Analytics and Tracking

We may use third-party analytics companies, including without limitation Google Analytics, Segment, and Hubspot, as well as advertising networks to track and analyze your use of our Services. We or our service providers use these tools to help us understand use of, and to improve, our Services, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.

  • To learn more about Google’s privacy practices, including how you can view and edit your preferences regarding Google Ads, please see the Google Privacy Policy.
  • * To learn more about Segment’s services, please visit their website.
  • To learn more about Hubspot’s services, please visit their website.

Interest-Based Advertising

We use third parties such as network advertisers to serve advertisements on our Services and on third-party websites or other media (e.g., social networking platforms). These third parties target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you.

For example, currently we work with AdRoll to display targeted ads to our users on our Services and on third party websites. For more information about AdRoll, see https://www.adroll.com/about/privacy, or to opt out from their ad network, visit http://info.evidon.com/pub_info/573.

Users in the United States may also opt out of many third-party ad networks (including AdRoll). For example, you may go to the Digital Advertising Alliance (DAA) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (NAI) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.

Opting out from one or more companies listed on the above companies will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Services or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads), or from companies whose networks you have not opted out of. Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. If you use multiple devices, you will have to opt out on each device. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

Third-Party Links

Our Services may contain links to third-party websites and applications. Any access to and use of such linked websites and applications is not governed by this Privacy Policy but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third-party websites or applications.

Security

We have taken steps to help protect the personal information we collect. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Access to Your Personal Information

You may access, modify, or delete the personal information that you have provided to us by logging into your profile settings or emailing us at legal@kontena.io with what you would like updated. Please note that we may retain certain information about you as required by law or as permitted by law for legitimate business purposes, even after you have modified or deleted it. For example, if you request that we delete your information but we believe that you have violated our Terms of Service we may retain information about you in order to attempt to resolve the issue before deleting it. We may also retain information for a period of time as part of our backup procedures.

Your Choices

  • Opting out of Email Communications. We may send periodic promotional and informational emails to you, about our Services and other products, services or information we think may interest you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving promotional and information emails from us, we may still send you emails about your account or any Services you have requested or received from us.
  • Opting out of Reporting Statistical Usage. As described above in our Information We Collect section, our Services report anonymous usage stats to Kontena. This feature is turned on by default, but you can disable this feature by following the instructions here: https://kontena.io/docs/using-kontena/telemetry.
  • Making Your Content Public or Private. Any Content will be publicly available by default. To make your Content private, you can mark it as Private User Content.

Children

Our Services are not targeted to children under thirteen (13) years of age and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.

Transfers of Your Information

Any information you provide to Kontena through our Services will be transferred to the United States, which may not guarantee the same level of protection of personal information as the jurisdiction in which you reside. By using our Services, you consent to the transfer of your personal information to the United States.

Contact Us

If you have questions about this Privacy Policy or the privacy aspects of our Services, please contact us at legal@kontena.io.

Changes to this Privacy Policy

This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. If we make material changes, we will endeavor to provide you notice, such as by providing notice on our Site or to your email address of record.