Privacy Notice – Black Kite
Effective date of the policy: 20 Oct 2020
Black Kite (“Black Kite,” “we” or “us”) offers a security and third-party risk technology platform. Black Kite also owns and operates several websites (e.g. blackkite.com cyber.riskscore.cards) (individually, “Website” and collectively the “Websites”). This privacy notice aims to inform you about how we collect, use, disclose and store information when you:
- interact or use our websites, including downloading materials from our resources page or requesting a demo,
- register and/or attend any of our events, webinars, or the conferences we attend (collectively “Events”), and
- if you use any of our products, services or applications (including any trial) (collectively the “Services”) in any manner
What information does Black Kite collect?
Black Kite gathers various types of information, including information that identifies or may identify you as an individual (“Personal Information”) as explained in more details below.
Information You Provide to Us:
From Websites or Events: We may collect any Personal Information that you choose to send to us or provide to us, for example, on our “Request a Demo” (or similar) online form or if you register for a Black Kite webinar. If you contact us through the websites, we will keep a record of our correspondence. From the Services: We receive and store information you provide directly to us. For example, when setting up new users, we collect Personal Information, such as name and email address, to provide with the Services. The types of information we may collect directly from our customers and their users include: names, usernames, email addresses, postal addresses, phone numbers, job titles, transactional information (including Services purchased), as well as any other contact information you choose to provide or upload to our systems in connection with the Services. Information We Automatically Collect: When you use the Websites: When you visit the Websites, we collect certain information related to your device, such as your device’s IP address, referring website, what pages your device visited, and the time that your device visited our Website. When you use the Services:
- Usage information – we keep track of user activity in relation to the types of Services our customers and their users use, the configuration of their computers, and performance metrics related to their use of the Services.
- Log information – we log information about our customers and their users when you use one of the Services including Internet Protocol (“IP”) address.
- Information collected by cookies and other similar technologies – we use various technologies to collect information which may include saving cookies to users’ computers.
- Customer Feedback – While using the Services, you may be asked to provide feedback (e.g. in the software directly or after receiving help from our support team). Providing this feedback is entirely optional.
For further information, please read the section below headed “Cookies and other Tracking Technologies”.
How do we use the information?
Websites or Events: We will use the information we collect via our websites:
- To administer our website, events and for internal operations, including troubleshooting, data analysis, testing, statistical and survey purposes;
- To improve our website to ensure that content is presented in the most effective manner for you and for your computer;
- For trend monitoring, marketing and advertising;
- For purposes made clear to you at the time you submit your information – for example, to fulfill your request for a demo, to provide you with access to one of our webinars, whitepapers or to provide you with information you have requested about our Services; and
- As part of our efforts to keep our website secure.
Our use of your Personal Information may be based on our legitimate interest to ensure network and information security, and for our direct marketing purposes, or you consenting to it (e.g. when you request a demo). Services: We may use the information we collect from our customers and their users in connection with the Services we provide for a range of reasons, including to:
- Set up a user account
- Provide, operate and maintain the Services
- Process and complete transactions, and send related information, including transaction confirmations and invoices
- Manage our customers’ use of the Services, respond to enquiries and comments and provide customer service and support
- Send customers technical alerts, updates, security notifications, and administrative communications
- Investigate and prevent fraudulent activities, unauthorized access to the Services, and other illegal activities
- For any other purposes about which we notify customers and users
We use your Personal Information in this context based on the contract that we have in place with you or our legitimate interest for security purposes (e.g. the prevention and investigation of fraudulent activities). Personal Information will be deleted based on the terms of the contract. You can exercise your rights regarding your personal information by filling out this Web Form.
How do we share and disclose information to third parties?
We share and disclose information (including Personal Information) about our customers in the following limited circumstances:
Vendors, consultants and other service providers:
We may share your information with third party vendors, consultants and other service providers who we employ to perform tasks on our behalf. These companies include (for example) our payment processing providers, website analytics companies (e.g., Google Analytics), product feedback or help desk software providers (e.g. Salesforce), CRM service providers (e.g., HubSpot), email service providers (e.g., GMail) and others. If Black Kite receives your Personal Information in the United States and subsequently transfers that information to a third party agent or service provider for processing, Black Kite remains responsible for ensuring that such third party agent or service provider processes your Personal Information to the standard required by the applicable privacy laws, including the GDPR (see the sections below headed “Additional Information for Users in the European Economic Area (“EEA”) or in the United Kingdom (“UK”)” and “International Data Transfers”).
When you attend an event or webinar organized by Black Kite we ask your preferences on sharing your contact details with the event sponsor. Based on your choice, we may share your contact details (such as your name, email address, company name and phone number) with the event sponsor. If you’d like to opt-out of sharing your details with sponsors, you can always do so either at the time of registration, or by submitting a request.
We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Black Kite Group Companies:
We may also share your personal data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Privacy Notice. Protection of Black Kite and Others: We reserve the right to access, read, preserve, and disclose any information as necessary to comply with law or court order; enforce or apply our agreements with you and other agreements; or protect the rights, property, or safety of Black Kite, our employees, our users, or others.
Disclosures for National Security or Law Enforcement:
Under certain circumstances, we may be required to disclose your Personal Information in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
Cookies and Other Tracking Technologies
- Assisting you in navigation;
- Assisting in registration to our events, login, and your ability to provide feedback;
- Analyzing your use of our products, services or applications;
- Assisting with our promotional and marketing efforts (including behavioral advertising).
Below is a detailed list of the cookies we use on our Websites. Our Websites are scanned with our cookie scanning tool regularly to maintain a list as accurate as possible. We classify cookies in the following categories:
- Strictly Necessary Cookies
- Performance Cookies
- Functional Cookies
- Targeting Cookies
Your Privacy Rights
How Can I Exercise My Data Subject Rights?
If you would like to access, review, update, rectify, and delete any Personal Information we hold about you, or exercise any other data subject right available to you under the EU General Data Protection Regulation (GDPR), you can either click the “Exercise your Rights” link available on the top left of our Privacy Notice, or fill out this Web Form. Our privacy team will examine your request and respond to you as quickly as possible. Please note that we may still use any aggregated and de-identified Personal Information that does not identify any individual, and may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. California residents have specific rights under the California Consumer Privacy Act (‘CCPA’). For more information and to exercise your rights, please see the section headed “The California Consumer Privacy Act” below. If you are a resident of the European Economic Area or the United Kingdom, please see the section below headed “Additional Information for users in the European Economic Area and in the United Kingdom” for further information about your privacy rights.
International Data Transfers
Personal Information you submit on the Websites or through the Services may be sent to the United States and processed by us there or in other countries, on our service providers’ cloud servers. We will always protect your information in accordance with this Privacy Notice wherever it is processed. The CookiePro Service is hosted in Microsoft Azure’s data centers in Germany. For other Black Kite Services, you may choose to have the Service hosted in the E.U. or another region.
Information for users in the European Economic Area (“EEA”) or in the United Kingdom (“UK”)
Black Kite may transfer Personal Information from the EEA or the UK to the United States, including Personal Information we receive from individuals residing in the EEA or the UK who visit our Websites and/or who may use our Services or otherwise interact with us. Please note that for individuals located in the EEA or the UK, the term Personal Information used in this notice is equivalent to the term “personal data” under applicable European and UK data protection laws. When Black Kite engages in such transfers of personal information, it relies on i) Adequacy Decisions as adopted by European Commission on the basis of Article 45 of Regulation (EU) 2016/679 (GDPR), or ii) Standard Contractual Clauses issued by the European Commission. The European Commission has determined that the Standard Contractual Clauses provide sufficient safeguards to protect the personal data transferred outside the EU or EEA. For more information, please visit https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en. Black Kite also continually monitors the circumstances surrounding such transfers in order to ensure that these maintain, in practice, a level of protection that is essentially equivalent to the one guaranteed by the GDPR.
Following the Court of Justice of the European Union’s invalidation of the EU-US Privacy Shield Framework in Case C-311/18, Black Kite will no longer rely on the EU-US Privacy Shield as a mechanism of international data transfer until further notice. Black Kite will however remain committed to maintaining its self-certification under the EU-US Privacy Shield Principles and respect its principles, as an additional measure of protection of its users’ privacy, until further notice.
Following the opinion of the Swiss Federal Data Protection and Information Commissioner (FDPIC) of 8 september 2020, Black Kite will no longer rely on the Swiss-U.S. Privacy Shield as a mechanism of international data transfer until further notice. Black Kite will however remain committed to maintaining its self-certification under the Swiss Privacy Shield Principles and respect its principles, as an additional measure of protection of its users’ privacy, until further notice.
The California Consumer Privacy Act
Under the California Consumer Privacy Act (‘CCPA’), California residents have certain rights regarding the personal information that businesses have about them. This includes the rights to request access or deletion of your personal information, as well as the right to direct a business to stop selling your personal information.
Personal Information We Collect
We collect identifiers (such as name, address, email, phone number, job title, and transactional information), commercial information (such as a record of the services purchased or demos requested), and Internet or other electronic network activity information (such as usage information, IP address, cookie information, and customer feedback).
Why We Collect Your Personal Information
We use identifiers to provide the services requested, such as to fulfill a request for a demo, provide access to a webinar, or provide you with information about our services. We use identifiers and commercial information for general website administration, which includes record keeping, troubleshooting, data analysis, testing, and survey purposes. We use identifiers, commercial information, and Internet or other electronic network activity for trend monitoring, marketing, and advertising, as well as to ensure website security.
How We Collect Your Personal Information
We collect identifiers and commercial information directly from you. We collect Internet or other electronic network activity from your usage of the Black Kite website and its services.
With Whom We Share and Sell Your Personal Information
Black Kite shares personal information as necessary for certain “business purposes,” as defined by the CCPA (Cal. Civ. Code 1798.140(d)). This includes sharing identifiers, commercial information, and internet or other electronic network activity with providers of payment processing, customer relationship management, consulting, email, product feedback, and helpdesk services. While Black Kite does not sell personal information in exchange for any monetary consideration, we do share personal information for other benefits that could be deemed a “sale,” as defined by the CCPA (Cal. Civ. Code 1798.140(t)(1)). This includes sharing identifiers, commercial information, and internet or other electronic network activity with advertising networks, website analytics companies, and event sponsors.
The Right to Opt-out of Sale
While Black Kite does not sell personal information in exchange for any monetary consideration, we do share personal information for other benefits that could be deemed a “sale,” as defined by the CCPA (Cal. Civ. Code 1798.140(t)(1)). We support the CCPA and wish to provide you with control over how your personal information is collected and shared. You have the right to direct Black Kite to not sell your personal information. Click here to learn more and to exercise your right to opt-out. With respect to cookies, you can always customize your settings at any time. Please note that we may still use aggregated and de-identified personal information that does not identify you or any individual; we may also retain information as needed in order to comply with legal obligations, enforce agreements, and resolve disputes.
Right to Request Disclosure
You have the right to request disclosure about what categories of personal information Black Kite has sold or disclosed for a business purpose about you and the categories of third parties to whom the personal information was sold or disclosed. Additionally, you have the right to request disclosure of specific pieces of information. Below is a full list of the information that you can include in your request.
- The categories of personal information that Black Kite has collected about you
- The categories of sources from which Black Kite collected the personal information
- The business or commercial purpose for collecting or selling the personal information
- The categories of third parties with whom Black Kite shares personal information
- The specific pieces of personal information Black Kite has collected about you
- The categories of personal information that Black Kite disclosed about you for a business purpose
- The categories of personal information that Black Kite has sold about you, as well as the categories of third parties to whom Black Kite sold the information
If you would like to exercise your right to request disclosure, please fill out this request form. Our privacy team will examine your request and respond to you as quickly as possible.
Right to Request Deletion
You have the right to request that Black Kite delete any personal information about you that Black Kite has collected from you. Please note that there are exceptions where Black Kite does not have to fulfill a request to delete information, such as when the deletion of information would create problems with the completion of a transaction or compliance with a legal obligation. If you would like to exercise your right to delete, please fill out this request form. Our privacy team will examine your request and respond to you as quickly as possible.
The Right to Non-Discrimination
Black Kite will not discriminate against you (e.g., through denying goods or services, or providing a different level or quality of goods or services) for exercising any of the rights afforded to you.
In compliance with the CCPA, we commit to resolve complaints about your privacy and our collection or use of your Personal Information. California residents with inquiries or complaints regarding this Privacy Notice should first contact Black Kite at:
Bob Maley, Chief Security Officer, [email protected]
California and Delaware “Do Not Track” Disclosures
California and Delaware law require Black Kite to indicate whether it honors “Do Not Track” settings in your browser concerning targeted advertising. Black Kite adheres to the standards set out in this Privacy Notice and does not monitor or respond to Do Not Track browser requests.
We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at [email protected]
For your convenience, hyperlinks may be posted on the Websites that link to other websites (the “Linked Sites”). We are not responsible for, and this Privacy Notice does not apply to, the privacy practices of any Linked Sites or of any companies that we do not own or control. Linked Sites may collect information in addition to that which we collect on the Websites. We do not endorse any of these Linked Sites, the services or products described or offered on such Linked Sites, or any of the content contained on the Linked Sites. We encourage you to seek out and read the privacy notice of each Linked Site that you visit to understand how the information that is collected about you is used and protected.
Changes to the Privacy Notice
We’re constantly trying to improve our Websites and Services, so we may need to change this Privacy Notice from time to time as well. We will alert you to material changes by, for example, placing a notice on our Websites and/or by sending you an email (if you have registered your e-mail details with us) when we are required to do so by applicable law. You can see when this Privacy Notice was last updated by checking the date at the top of this page. You are responsible for periodically reviewing this Privacy Notice.
Black Kite Statement on Data Retention
The following data is retained for the period in which the customer maintains a contractual relationship with Black Kite:
- Mapped compliance controls found within artifacts uploaded via Black Kite’s Unique Parser. Artifacts are never stored.
Upon termination of a contract, the following data is removed immediately:
- Mapped compliance controls found within compliance artifacts uploaded via Black Kite’s Unique Parser.
Other customer data may be deleted within one month after the contract ends, as per our Data Deletion Policy.
Black Kite will store logging information for a period of one year.
For Customers: Please contact the Black Kite entity identified in your order form.
Data Protection Officer Bob Maley Email Address: [email protected] If you have questions, requests or concerns regarding your privacy and rights, please let us know how we can help. Exercise Your Rights