Vertical Technologies, LLC doing business as Komet Sales
Effective Date: September 1, 2013
Last Updated: February 9, 2021
2. Terms of Service
3. Information We Collect
4. How We Use Personal Data We Collect
5. Our Legal Basis for Collecting Personal Data
6. Your Failure to Provide Personal Data
7. Our Retention of Your Personal Data
8. Sharing Personal Data
9. Privacy Rights
10. Our Opt-in/Opt-out Policy
11. Third Party Links
12. International Transfer
13. How We Protect Personal Data
14. Children’s Privacy
15. Direct Marketing and “Do Not Track” Signals
16. Komet Customers
18. How to Contact Us
Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services.
Terms of Service
By accessing or using the Sites in any manner, you also agree to be bound by Komet’s Terms of Service (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.
Information We Collect
We collect information, including personal data, to provide better services to all our Users. We use the term “Personal Data” to refer to any information that identifies or can be used to identify you. Common examples of Personal Data include: full name, email address, and certain metadata.
When you use our Services, we collect Personal Data in the following ways:
1. Information You Give to Us
As you evaluate whether Komet is the right solution for you, you may choose to provide us with Personal Data about yourself, including your name, email address, company name and phone number, username and password by completing forms on our website, or when creating and signing into your account. You may also choose to provide us with employment and education information when you apply for a job at Komet via our Site. We will also collect financial data such as payment card details in order to process payments for certain services.
In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Data about yourself when you report a problem or have a question about our services.
The Sites offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Data to us when you post information in these interactive and social features. Please note that your postings in these areas of the Sites may be publicly accessible or accessible to other Users.
• Mobile Application
Certain information is required when creating an account to use our Services on the mobile application, such as your name, email address, user name and password.
When your device syncs with Komet’s application, certain data recorded on your device is transferred from your device to our servers.
2. Information We Obtain from Your Use of Our Services
We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited. We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.
• Location Data
If you grant us access to your location, Komet may collect information about your location when you use our Sites and Services. Your location can be determined by IP address.
• Social Networking
• Cookies and Similar Technologies
We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google and similar partners.
The technologies we use for this automatic data collection may include:
Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.
Aggregated Statistics. Komet may collect statistics about the behavior of visitors to its websites. For instance, Komet may monitor usage of the Komet application. Komet may display this information publicly or provide it to others. However, Komet does not disclose personally-identifying information other than as described below.
How We Use Personal Data We Collect
We use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
• To present, operate or improve the Site and Services, including analysis of Site activity;
• To inform you about Services and products available from Komet;
• To authorize access to our Sites and Services;
• To validate your identity or verify communications from you;
• To offer and administer programs;
• To customize or tailor your experience of the Services;
• To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
• To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
• For marketing purposes, including but not limited to, facilitating interest-based advertising, creating traveler profiles, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
• To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
• To respond to and support users regarding their use of the Sites and Services;
• To process applications for employment that you submit through the Sites;
• To administer general recordkeeping;
• To comply with all applicable legal requirements;
• To perform data analysis and testing;
• To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
• To enforce our Terms of Service and other agreements;
• To resolve disputes;
• To otherwise fulfill the purpose for which the information was provided.
We use information collected from cookies and other technologies, to improve your User experience and the overall quality of our services. We may use your Personal Data to see which web pages you visit at our Site, which web site you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
We will de-identify and aggregate data relating to our users and the Service for analytical purposes. De-identified and aggregated data includes data derived from Personal Data in aggregated, anonymous form and does not identify any individual (such data is referred to as “Aggregate Information”). Subject to applicable laws and regulations, we use Aggregate Information to understand our customers and to develop, improve and/or market our Services. We may provide Aggregate Information to third parties.
Our Legal Basis for Collecting Personal Data
Whenever we collect Personal Data from you, we may do so on the following legal bases:
1. Your consent to such collection and use;
2. Out of necessity for the performance of an agreement between us and you, such as your agreement to use our Services or your request for Services;
3. Our legitimate business interest, including but not limited to the following circumstances where collecting or using Personal Information is necessary for: • Intra-organization transfers for administrative purposes;
• Product development and enhancement, where the processing enables us to enhance, modify, personalize, or otherwise improve our services and communications for the benefit of our Users, and to better understand how people interact with our Sites;
• Fraud detection and prevention;
• Enhancement of our cybersecurity, including improving the security of our network and information systems; and
• General business operations and diligence;
- Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.
Your Failure to Provide Personal Data
Your provision of Personal Data is required in order to use certain Services and programs. In some instances, if you fail to provide such Personal Data, you may not be able to access and use our Services, or parts of our Services.
Our Retention of Your Personal Data
We use and retain your Personal Data for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
Sharing Personal Data
Komet may disclose your Personal Data to commercial providers for a business purpose, which include verifying your identity when making a payment. When we disclose Personal Data for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except for the purposes set forth in the contract.
We may disclose your Personal Data for legal reasons. Specifically, we will share Personal Data with companies, organizations or individuals outside of Komet if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
• Fulfill any purpose for which you provide it;
• Meet any applicable law, regulation, legal process or enforceable governmental request;
• Enforce applicable Terms of Service, including investigation of potential violations;
• Detect, prevent, or otherwise address fraud, security or technical issues;
• Protect against harm to the rights, property, assets or safety of Komet, our Users or the public, content found on the Services, or to protect the Services from unauthorized use or misuse, as required or permitted by law;
• For any other purpose disclosed when you provide the information; and,
• When we obtain your consent to do so.
We attempt to notify you about legal demands for your Personal Data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
Laws in some countries and U.S. states provide their residents with certain rights in connection with Personal Data you have shared with us. If these rights apply to you and you would like to exercise these rights, you may contact us by sending an email to firstname.lastname@example.org and we will evaluate your request in accordance with applicable law. Please note that we may ask you to verify your identity and request before taking further action on your request. We may respond to your request by letter, email, telephone or any other suitable method.
We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.
Our Opt-in/Opt-out Policy
We currently provide the following opt-out opportunities:
1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from the service.
Third Party Links
The Sites may contain links to webpages operated by parties other than Komet. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party's website. Komet strongly recommends that each User review the third party's terms and policies.
How We Protect Personal Data
Komet maintains administrative, technical and physical safeguards designed to protect the user's Personal Data and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we and/or our service providers use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.
Although we take reasonable steps designed to protect your Personal Data, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). We cannot and do not guarantee or warrant the security of your Personal Data or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Data that may affect you so that you can take the appropriate actions.
The Sites and Services are not designed or intended to be used by anyone under the age of 13. If you are under the age of 13 (or a minor in the jurisdiction in which you are accessing our Sites or Services), do not use the Services, or make purchases via the Services, use any interactive features of the Services, or post any Personal Data to our Sites or submit any Personal Data via the Services. We do not knowingly or intentionally gather Personal Data about children who are under the age of 13. If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 13 in the applicable jurisdiction, please contact us email@example.com. If we learn that we have inadvertently collected the Personal Data of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law.
Direct Marketing and “Do Not Track” Signals
Komet does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
California residents are entitled to contact us to request information about whether we have disclosed Personal Data to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Data to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Data with third parties for marketing purposes. To make such a request you should send (a) an email to firstname.lastname@example.org with the subject heading “California Privacy Rights,” or (b) a letter addressed to Komet Sales, Attention: Privacy Inquiry, 8400 NW 36th Street, # 450, Doral, FL 33166. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
• Komet Customer Information. We collect information about individuals within our Komet Customers organization (“Customer Information”). Customer Information may include information related to the Customer’s account, name, work e-mail address, work phone number, job title or similar kinds of information. We use Customer Information to support the Customer account, maintain our business relationship with the Customer, respond to Customer inquiries, or perform accounting functions. Komet Customers may update personal information and password by logging into the Komet Platform and updating their account. Komet Customers may contact Komet support in order to delete their Personal Data. In some cases, we may not be able to delete Customer Information, and in such cases we will tell you why.
• Information about our Customers’ Contacts. We collect information about any contacts, such as employees, customers, and others, that may be uploaded into the Komet Platform (“Information about our Customers’ Contacts”). Information about our Customer’s Contacts may include name, e-mail address, phone number, job title, or similar kinds of information. We use Information about our Customer’s Contacts for the purposes of providing Services to such contacts. Komet Customers may update or delete Information about their contacts in the Komet Platform. Komet Customers may also contact Komet support in order to update and delete such information. In some cases, we may not be able to delete such information, and in such cases we will tell you why.
• Archival Information. We collect communications information for archival purposes on behalf of, and as directed by, our Komet Customers. This information may include emails, texts, websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”). Archival Information includes data about our Komet Customers and the third parties they correspond with. We do not control or monitor the information our Komet Customers collect and store through our services, or their privacy practices or policies. It is our Customer’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Customer’s communications and use of our services. Our Customer’s privacy policies or practices apply to Archival Information, the purposes for which the Customer collects Archival Information, how the Customer may use Archival Information and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Customer in order to correct, amend, or delete their information, or to opt out of any collection, uses or disclosure of their information by our Customer.
• Automatically Collected Information. We collect information automatically about how our Komet Customers use our services (“Automatically Collected Information”). We do this via data collection technologies such as cookies, web beacons, gifs or other tracking technologies. We collect this information in order to monitor, support and improve our services or to provide Komet Customers with certain customized features. We may use Automatically Collected Information to tell us how our Komet Customers use our services, to improve our services or develop new products, services or features. We may combine this information with other information we collect.
We treat Customer Information, Information about our Customer’s Contacts, Archival Information and Automatically Collected Information as the confidential and proprietary information of our Komet Customers, subject to the terms of the Komet Terms of Service and any other service agreement between Komet and the Customer. We do not share Customer Information, Information about our Customer’s Contacts, Archival Information or Automatically Collected Information with third parties unless directed to do so by our Customer, as may be necessary to provide services to the Customer, to our advisors, affiliates, representatives,
agents, service providers, in connection with a business transaction (such as a merger or sale), as allowed under the terms of our agreement with our Customer, or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Customer Information, Information about our Customer’s Contacts, Archival Information or Automatically Collected Information for the aforementioned reasons, or in order to protect our rights or the rights of our affiliates, Komet Customers, channel Customers or service providers.
We will retain Customer Information we process on behalf of our Komet Customers for as long as needed to provide services to our Customer, or for the period of time requested by a particular Customer.
How to Contact Us
Via e-mail: email@example.com
By writing to us:
Vertical Technologies, LLC d/b/a Komet Sales
8400 NW 36th Street, # 450
Doral, FL 33166