Last updated: October 26, 2020
Welcome to Klouser!
1. Information we collect and how we use it
When you visit our website, join or create a Network, interact with us or your Host through the Service, or use our mobile applications, we, as the service provider for your Host, collect Personal Data and other information from you (collectively, “Data”). We use your Personal Data to be able to provide the Service to you:
We collect Personal Data when you share it voluntarily.
We collect some Personal Data automatically when you visit our website, use the Service or use our Klouser mobile applications.
We and your Hosts use your Personal Data to provide and improve the Service, understand how you and other Members are using Klouser and to inform you about products and services that may be of interest to you.
A. Personal Data you provide directly
‘Personal Data or Personal Information’ means any information relating to you from which you can be identified, directly or indirectly, including your name, identification number, location, online identifier such as your IP address or device ID, or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
‘Special Categories of Personal Data’ means data revealing your racial or ethnic origin, political opinions, religious or
philosophical beliefs, or trade union membership, and data concerning your health, sex life or sexual orientation.
‘Aggregated Data’ is data in a summary form for statistical analysis. A common purpose of aggregation is to get more information about particular groups based on specific variables such as age, profession, or income level.
‘Pseudonymisation’ means the processing of your personal data in a way that the personal data can no longer identify you without the use of additional information, so long as the additional information is kept separately and is subject to technical and organizational measures to prevent you from being identified or identifiable.
We store and use your Personal Data together with an ID we assign each time you join a new Klouser. We assign you one ID per Klouser to ensure you have a personalized experience in each one.
Name and Email Address. When you register as a Host or Member of a Klouser, we ask you for your real name and your email address. Both we and the Host of the Klouser receive access to this information and use it to communicate with you about the Service. In addition, we and your Host may use this address to email you about products or services believed to be of interest to you. If you are a paying Host or Member, we may also collect your mailing address and zip code for billing purposes. Hosts may decide to collect your mailing address, via our Services.
Social Media Profiles. You can also register with your Facebook or LinkedIn account. When you register this way, you give us permission to access your Facebook or LinkedIn profile and photo. Your profile and photo will become part of your Klouser profile. See below for more information on Integrated Services like Facebook and LinkedIn.
Profiles and Topics. When you join a Klouser, you will be prompted to add a profile, including a short bio, and to choose topics to follow (“Topics”). From this information, Klouser personalizes your experience in each Klouser. Your Host can also choose and customize categories of Personal Data to collect from you including, if you agree, Special Categories of Personal Data.
Your Location. We ask you for your location so that we can facilitate interactions with other Members in your geographic area. In addition, if you opt-in our mobile app collects your GPS location information. If you enable location features, or do not disable GPS on your mobile device, other Members may be able to see your location.
Other Personal Data You Provide Directly. You may also provide us Personal Data when you use certain features of the Service such as participating in conversations or polls in your Networks, contact us with inquiries, or respond to one of our surveys
B. Personal Data and Information we collect automatically
You have the option of registering using an Integrated Service, such as Facebook. If you choose to do this, your profile picture and other Personal Data in your profile on the Integrated Service will become part of your profile on Klouser. Please see the section below on Integrated Services for more detail.
Information About Your Use of the Service. Our servers automatically record your visits to the Service. Like all other website and mobile app servers, ours compiles a log that records the date, time, browser (i.e., Firefox), device type (i.e., iPhone), operating system (i.e. Android), and originating IP address of each page you visit.
Our mobile applications on iOS (Apple) and Android (Google) have to interact with our computer servers. We assign your device a token so that you do not have to log in every time you use the Service via our mobile apps.
You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our Service features may not work properly without cookies. Most browsers accept cookies automatically but allow you to disable them. For more information about cookies visit https://www.allaboutcookies.org.
Information About Your Location. From your IP address, we can tell generally where you are when you are accessing our Service, such as which city. We start by choosing a location for you based on the IP address of your Internet connection. You can update or remove this location at any time by logging in to your account on the Service.
C. Personal Data and Information Third Parties collect automatically
Third-Party Cookies Used to Target Ads to You When You Use the Service or are on Other Websites. “Beacons” are transparent pixel images that are used in collecting information about website usage across websites and over time. Our Hosts may use their own or third party cookies or beacons to target Host ads to you when you visit other websites. Our Hosts may also work with other companies who use their cookies or beacons to target third party ads to you on other websites based on your prior visits to the Host’s Network on our website Service. This is called online behavioral advertising (“OBA”), because you receive ads based on your prior online behavior. We do not have access to these cookies; it is third parties who engage in OBA.
2. Our Sharing of your Personal Data and other information
We consider personalizing your Klouser experience an important part of our Service. We want you to understand what Personal Data gets shared with your Hosts, other Members of your Klouser, other Hosts or Members of our Service, and other third parties as part of the Service.
‘Third Party’ means a person or company who is not a Host or another Network Member, and government bodies and public agencies and authorities. Third Parties include our service providers whom we authorize, through a data processing agreement, to process your personal data or information to help us with: development, maintenance, and support of our websites and mobile applications, marketing and advertising, marketing research and analysis, communications, and customer service. We do not permit our Third Party service providers to use your personal data for any other purpose. We do not share Personal Data with any person or company unless we have an agreement with them that controls their use of the data.
‘Processing’ or ‘Process’ means any operation or set of operations performed on personal data or on sets of personal data, including by automatic methods, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing, transmitting, sharing or otherwise making available, aligning or combining, restricting, erasing or destroying.
‘Consent’ or ‘Agree’ means your freely given, specific, informed and unambiguous expression of your wishes through a statement or other clear affirmative action such as checking a box which indicates your agreement to our processing of personal data relating to you.
If you are not comfortable with this type of sharing, don’t use our Service.
A. Personal Data shared within the Service
Your Host. Your Host, or Hosts if are there more than one, will have access to your name, email address, and all personal or contact information that you provide when you register for that Host’s Klouser. In order to facilitate Member engagement, our Host will also have access to Data regarding your usage activity, in both aggregated and personally identifiable forms. For example, Hosts will be able to see aggregated Member activity within a Klouser, as well as specific information like how many people cheered in response to a comment you made. Your Host also will be able to associate Your Content, and any Personal Information it contains, with your contact information. If you have agreed, your Hosts may communicate with you outside of the Service about the Klouser or relevant topics of interest to you, and may retain your personal information after you leave the Klouser. You should only join a Klouser if you are comfortable sharing your personal information with the Host of that Klouser.
Searching and Messaging by Others. Visitors to our Service may be able to search for you by your name and location if you are a Member of a Klouser. Members of your Klouser can search for you by location, Topics, or other personal information so that they may message you within the Klouser. Whether your information is available to other Visitors and Members depends on whether the Klouser is Public, Private, or Secret.
Public, Private, and Secret Klouser. A Host can select whether to make a Klouser Public, Private, or Secret.
In Public Klouser, all Visitors (including Hosts and Members) can see your name and photo (“Profile”), as well as Your Content and activity. Unless your Host specifies otherwise, in a Public Klouser, search engines like Google index all public activity, including Profiles. In a Private Klouser, only Hosts and other Members can see Profiles, Your Content, and activity.
In Private Klouser, any Visitor can find the Klouser, but cannot enter without an invitation or membership request approval.
In Secret Klouser, only Hosts or other Members of that Klouser can see Profiles, Your Content, and activity. Only Members directly invited can find a Secret Klouser. It is not available to search engines.
Personal Information Included in Your Content. If you include personal information in Your Content, it will be displayed to other Members based on the privacy levels defined above.
B. Personal Data and Information shared with Third Parties
Integrated Services. If you have used the option to register using an Integrated Service, such as Facebook, we share your information with the operators of the Integrated Service. More information is in the sections below entitled “Integrated Services.”
Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Third Parties Whom We Have Contracts With. Klouser, Inc., like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include emailing information to you, maintaining our website, databases and mobile applications, processing payments, marketing and advertising, marketing research and analysis, and customer service. When we employ another company to perform a function of this type, we only provide them with the Personal Data and Information they need to perform their specific function and we do not authorize these service providers to use or disclose your personal information except as necessary to perform the tasks we have asked them to do for us or to comply with legal requirements.
If you would like a list of the Third Parties we use to assist us with our personal data or information needs, please email us at email@example.com
Legal Requirements. We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) cooperate with a legal investigation or a request from a government authority, (iii) protect and defend the rights or property of Klouser, Inc., (iv) protect the legal rights, safety, and security of users of our website and the Service, (v) protect our legal rights and legitimate interests, and those of our business partners, service providers, and customers; (vi) prevent fraud; (vii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (v) protect against legal liability.
C. Aggregated data shared
We disclose aggregated statistics, such as number of Hosts and Members, in order to describe our Service to current and prospective business partners, and to our Third Party service providers for our legitimate interests and other lawful purposes.
3. Your Personal Data Rights
You have rights regarding the Personal Data and Information we have about you.
You may object to, or restrict, our collection, use, sharing, transfer and/or storage of your personal information. You may also request a copy of the information that we have about you. You may also ask us to correct or remove personal information you think is incorrect.
If a Host (the data controller) is using the Service to process your personal information, you may contact the Host to object, restrict, access, correct or delete your personal information. If you need help finding contact information for your Host’s privacy officer, please contact us using our contact information below.
If you have a registered account in the Service, you may object, restrict, access, correct, or request deletion or a copy of some or all of your Personal Data or Information by logging in to your account.
If you do not have a registered account in the Service and you would like to object, restrict, access, correct, delete, or request a copy of some or all of your personal information, please email, write, or call us at the following address: firstname.lastname@example.org. Klouser, Inc., 127 Lytton Ave, Palo Alto, CA 94301, Phone: 415-935-4253
We will respond to your request within a reasonable period of time.
Please note, we will keep your personal information for as long as necessary for us to provide the Service to you. We will also keep and use your personal data or information to comply with laws including tax laws and other applicable laws. We will also keep your Personal Data and Information as necessary for backup, archiving, audit, preventing fraud, resolving disputes, and troubleshooting problems.
If you are located in the European Union (EU), European Economic Area (EEA), UK, or Switzerland, please see also the EU-US and Swiss-US Privacy Shield section below about how to make complaints regarding personal data collected in the EU, UK, and Switzerland and transferred to the U.S. under the Privacy Shield Frameworks.
You may also make a privacy or data use complaint about us to the Data Protection Authority in the UK or EU/EEA Member State where you live or work by visiting the Office of the Data Protection Commissioner list of Data Protection Authorities at https://www.dataprotection.ie/docs/European-Functions-Useful-Links/b/99.htm. Our GDPR Article 27 Representative is Antonius Kromwijk, Managing Director, Glownexus Nederland B.V., Wilsonsplein 15, 2011 VG Haarlem, Netherlands. You can email him at email@example.com. Our Data Protection Officer is at firstname.lastname@example.org.
4. Your choices
A. Join Klouser and Hosts you trust
You get to decide the Klouser you want to join. You also get to decide whether you trust your Host with the information sharing described in this policy.
B. Public, Private, or Secret Klouser settings
A Host can choose to make a Klouser Public, Private, or Secret as described above.
C. Adjust your notification settings
In your account settings, you can control the frequency, type, and mode of notifications you receive through the Service. You can choose to be notified by email or mobile alerts, both, or neither. You can choose to turn on or off your notifications by type, such as cheers on your posts, and questions you can help answer.
D. Opt out of email
We would like to send you information about our services that you may be interested in. If you have agreed to receive marketing messages from us, you may opt-out at any time. We provide an opt-out link at the bottom of each email message.
Because we plan our communications in advance, it may take several weeks for your opt-out request to take effect. If you continue to receive marketing messages from us or a Host after you opt-out, please let us know so that we can investigate the situation.
E. Opt out of Google Analytics
To prevent your data from being used by Google Analytics, click here for instructions.
F. Opt out of Google behavioral advertising
To opt out of Google behavioral advertising, click here to see your Google ad settings.
G. Opting out of tracking
H. Deleting cookies
To manage or delete browser cookies, please see your browser’s privacy settings.
5. Account termination
You can leave one or more of your Klouser, or delete your Klouser account (on a Network by Network basis). As soon as you leave, we stop collecting your Personal Data for that Klouser.
7. Disputes with Hosts or other Members
Klouser does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not use the Service or submit any Personal Data through the Service. If you have reason to believe that a child under the age of 13 has provided Personal Data to Klouser through the Service, please contact us at email@example.com and we will look to delete that information from our databases.
9. Links to other web applications
10. Integrated services
One of the special features of the Service is that it allows you to enable various online Third Party services, such as social media and social networking services like Facebook and LinkedIn (each, an “Integrated Service”), to integrate directly into your Klouser. By directly integrating these services, we make your use of Klouser richer and more personalized. To enable Integrated Services, we will ask you to authorize Klouser to access the Integrated Services (or vice versa). When you add an Integrated Service account to a Klouser (or vice versa), your log-in information, Personal Data, non-personal data, location information, your content, your Klouser name, your Klouser location, your Klouser affiliation, profile photo, Facebook Connect ID, Profile (if you are integrating your Facebook account) and other relevant personal information may be passed through to, or received from, the Integrated Service in connection with your use of the Service. We may import, use, disclose, and retain such data and information to, among other things, customize and improve the Service for you and others. Note that Integrated Services may also import, use, and retain this information. You may be able to control how certain information is shared with us in your privacy settings within the Integrated Services. However, please remember that the manner in which Integrated Services collect, use, store, and disclose your information is governed solely by the policies of the companies operating those Integrated Services, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Service that may be enabled within the Service.
11. Security of Your Personal Data
We use appropriate technical and organizational measures including encryption, aggregation, and pseudonymization to protect your Personal Data provided via the Service from loss, misuse, and unauthorized access or use, disclosure, alteration, or destruction. However, no Internet, email, or other electronic transmission is ever 100% secure or error free, so we cannot guarantee that your Personal Data will never be accessed, used, or disclosed, so you should take special care in deciding what information you share on the Service.
“Phishing” is a scam designed to steal your Personal Data or Information. If you receive an e-mail that looks like it is from us asking you for information about you, please contact us.
12. Your California data privacy rights
13. Transferring your Personal Data to Other Countries
This Section Includes Important Updates as of October 26, 2020
Our website and mobile applications are provided from within the United States and are subject to state and federal laws of the United States. If you are located outside the United States, your Personal Information is being transferred to, stored, used, and shared in the United States.
Following the invalidation of the EU-US Privacy Shield by the Court of Justice of the European Union on July 16, 2020 (known as the “Schrems II” decision) and of the Swiss-US Privacy Shield on September 8, 2020, Personal Data subject to the GDPR are no longer transferred by or to Klouser on the basis of the Privacy Shield but are instead subject to the EU Standard Contractual Clauses. The Schrems II decision also placed additional compliance requirements on the use of EU Standard Contract Clauses (SCC) for transfer of EU/EEA Personal Data to the U.S. by companies subject to Section 702 of the U.S. Foreign Intelligence Surveillance Act (FISA) and/or Executive Order 12333 (E.O. 12333). It is our good faith belief that the types of EU/EEA Personal Data we receive, collect, process, use and/or share in the U.S. are not of the types of data that would generally be subject to requests from U.S. government authorities pursuant to FISA Section 702 and/or E.O. 12333.
While EU and U.S officials are working to resolve the issues which were the basis for the Schrems II decision invalidating the EU-U.S Privacy Shield framework, we are continuing to comply with the EU Privacy Shield Principles required by our Privacy Shield Certification(s). If you are located in the UK, European Union (EU), Switzerland or European Economic Area (EEA), and have a question or complaint regarding data collected in the UK, EU, EEA or Switzerland that was transferred to the U.S. under the Privacy Shield Frameworks, you should first direct your question or complaint to firstname.lastname@example.org. You can also write or call us at the following address: Klouser, Inc., 127 Lytton Ave, Palo Alto, CA 94301, Phone: 415-935-4253.
Klouser Inc. continues to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus.
If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information or to file a complaint. The services of the BBB EU Privacy Shield are provided free of charge to you.
14. Access to information; contacting us
To keep your Personal Data accurate, current, and complete, please update your account settings or contact us at the email address below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
We have no liability or responsibility for the privacy policies or practices of our Hosts or other actions of any Integrated Service that may be enabled within the Service.