Privacy Policy

Lasted Updated: April 9, 2018

KEMP Technologies’ (“KEMP”) website is comprised of many web pages, collectively the “website.” KEMP believes that keeping your information confidential is our responsibility. This Privacy Policy governs KEMP’s data collection and usage. Your use of the website constitutes your agreement to our policy and conditions. If you do not agree to these terms, do not use our website or provide any personal information.

KEMP limits the collection, retention and use of customer information to what KEMP believes is necessary to conduct its business, and offer products and services to its customers. KEMP uses commercially reasonable safeguards to help protect your personal information, and uses reasonable efforts to obtain the agreement of business partners to protect the confidentiality, security, and integrity of personal information KEMP shares with them. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure.

How KEMP Uses the Information

The personal information KEMP requires when you request or download information is used only to service your account, support and improve KEMP’s products and services, and provide you with information on KEMP products and services. Unless you choose to identify yourself in responding to a request for information on the web site, you will remain anonymous to KEMP. Any personal information that is collected is not shared with third parties, except for KEMP partners, as described in this policy.

KEMP may also use aggregated user data from these web tools as part of research to develop new web features, tools, and content, and for market research related to its products.

Collection and Retention of Personal Information

KEMP collects certain personal information from registration forms, including KEMP ID registration, software downloads, and webcast registrations in connection with online requests for product activation, inquiry forms, and use of online tools.

KEMP also collects information that is not personally identifiable to the user, such as URL addresses, time spent in certain areas of the site, and origination of the user.

Some information about your computer hardware and software is automatically collected. This information can include your IP address, browser type, domain names, and access times. This information is used by KEMP for operating the website, to maintain quality of service, and to provide general statistics regarding use of the website.

If you are providing payment through the KEMP website, such information is stored by our PCI-compliant third-party payment processors. All credit and debit card transactions occur between the computer originating the transaction and such third party payment processors; not KEMP. No credit or debit card information is stored on KEMP servers.

Third Parties with Whom KEMP Shares Information

The majority of KEMP products are sold through its business partners (resellers, distributors, etc.). In order to transact business, KEMP shares limited information with the KEMP partners that resell KEMP products. KEMP also works with business partners to provide specific services, such as sending newsletters, providing software downloads or product deliveries, or handling credit or debit card transactions. KEMP provide these partners limited customer information such as name, company name and address.

In addition, KEMP will disclose your personal information, without notice, only if required to do so by law or in the good-faith belief that such action is necessary to conform to the law or comply with legal process served to KEMP; protect and defend the rights and property of KEMP; or act under exigent circumstances to protect the personal safety of users of KEMP.

KEMP does not rent or sell customer information to unaffiliated third parties for the purpose of marketing their products or services to you.

Use of Cookies

KEMP understands that re-entering personal data to transmit a request can be time consuming. For example, KEMP asks you to fill out information about yourself, such as your name and e-mail address, when you register for webinar. KEMP uses cookies on various pages of its website to identify users and prepare customized web pages for them. When you log in, KEMP sends you a cookie with a unique identifier. KEMP uses this cookie to remember who you are each time you view a new web page on the website. Cookies are used in a similar manner on other pages of its website where information is requested from you, such as forms for services. KEMP also uses cookies in connection with satisfaction surveys and web traffic monitoring. Satisfaction survey cookies help us prevent the same surveys from reappearing the next time you visit the website. Web traffic monitoring cookies help us analyze your past browsing behavior of the website. Some of the cookies sent from the website may expire upon logging-off, some may persist for only a limited amount of time before expiring, and some may persist indefinitely.

If you prefer to not receive cookies while browsing the web site, you can set your browser to warn you before accepting them and refuse the cookies when your browser warns you, or you can set your browser to refuse all cookies from the website, or you can delete cookies received from the website using your browser. Cookie handling instructions vary depending on the particular browser being used, and KEMP does not assume responsibility for any undesired results arising from altering your browser's cookie handling settings.

Although you do not need to accept all cookies from the website or you may choose to delete any cookies received from the website, some cookies may be needed to navigate through parts of the website before certain actions can be performed to enable KEMP to analyze accurate repeat website visitor behavior information, or to prevent the same surveys from reappearing upon subsequent visits. Turning cookies off, refusing the cookies, or deleting cookies received from the website may prevent you from taking full advantage or in some cases even from accessing certain portions of the website, and may hinder our efforts to better understand your needs and provide you with customized content.

Surveys

Occasionally, KEMP conducts surveys regarding the website or other products or services. The information you provide is used collectively for analytical purposes. You will not receive unsolicited communications as a result of your participation in a survey if you notify us not to contact you.

Links to Other Sites

On the website, KEMP may provide links to third parties that provide articles and other information that may be of interest to you. Should you choose to visit these sites, you should read their privacy policies to understand what information they collect from you and how they use it. KEMP is not responsible for the privacy statements or actions of other web sites.

You Have a Choice

KEMP is sensitive to the fact that some of its customers prefer not to receive offers or product promotions from KEMP. Customers who do not wish to receive these offers may have their names removed at any time. To remove your name from future mailings, please email your request here or send your request in writing to info@kemptechnologies.com

Notification of Changes

KEMP reserves the right to change the terms and conditions. KEMP will update the revision date at the top of this statement. Your continued use of the website indicates your agreement to the modified terms and conditions.

KEMP Safe Harbor Policy

KEMP Technologies (“KEMP”) is committed to protecting the privacy and security of the personal data it receives from customers. KEMP has adopted this Safe Harbor Policy (“Safe Harbor”), which sets forth how KEMP may collect, use, transfer and process the collected data it receives from customers in the European Economic Area and Switzerland.

Safe Harbor complies with the Safe Harbor Principles as agreed upon by the U.S. Department of Commerce with the European Commission, as well as those agreed upon with the Swiss Federal Data Protection and Information Commissioner which can be visited at www.export.gov/safeharbor.

1. Scope of Policy

KEMP provides various technology, professional and consulting services to businesses, including maintenance and support services for products. KEMP may receive and process data from its customers in order to provide its maintenance and support services, and this data may contain personal data. Safe Harbor applies only to the processing of personal data that KEMP receives in the United States from its European Customers, in order to provide its maintenance and support services for its signaling delivery controller products. KEMP is a data processor for Support Data and will only process such data on behalf of and under the instructions of its customers.

2. Disclosures of Personal Data

We generally disclose personal data under the following circumstances:

  • KEMP may disclose personal data to third parties who act as agents or service providers to perform tasks on behalf of and under the instructions of KEMP. These third parties must agree to use such data only for the purposes for which they have been engaged by KEMP and they must either comply with the Safe Harbor or agree to provide adequate protections for the personal data that are no less protective than Safe Harbor.
  • Because KEMP is a global company, personal data may be shared with other KEMP affiliates around the world, who act as processors or sub-processors. The use of any personal data by our affiliates will be subject to Safe Harbor.
  • KEMP may also disclose personal data where required by law; where necessary to protect the health and safety of others; where necessary for the establishment of legal claims or defenses, to obtain legal advice, or as evidence in litigation; to defend our rights and property; and in the event of a reorganization, sale or transfer of our assets.
  • KEMP does not intentionally collect personal data from customers. If we receive any customer’s support data that contains sensitive information, we will treat it in accordance with Safe Harbor and will only process such data on behalf of and under the instructions of that customer.

3. Collection and Retention of Personal Data

KEMP processes support data only for legitimate business purposes, including:

  • To provide our services to Customers, to provide technical support or customer service, to send customer satisfaction surveys, or to otherwise communicate with customers, and for accounting and billing purposes;
  • To assess and improve the quality of our products and services;
  • To satisfy governmental reporting and tax requirements;
  • To plan and implement potential acquisitions and mergers; as required by law.

We may also identify and aggregate certain data we collect such that the data can no longer reasonably be linked to a particular customer. We may use this data to improve our product and services, and for other research or statistical purposes.

KEMP may send customer satisfaction surveys to KEMP customers. KEMP Customers may opt out of receiving these surveys by following the opt out instructions in the survey invitation. We may still email our customers service and transaction related communications, even if they have opted out of receiving customer satisfaction surveys.

4. Right to Remove Personal Data

To the extent a customer requests information about the personal data it has provided to KEMP to be removed, KEMP will take reasonable steps to accommodate such request where necessary to permit such request.

5. Data Integrity and Security

KEMP uses reasonable efforts to maintain the accuracy and integrity of personal data. However, no data security guarantees 100% security all of the time.

Customers may contact KEMP at info@kemptechnologies.com

6. Changes to this Policy

This policy may be amended from time to time, based on applicable data protection and privacy laws and principles. If we make changes to Safe Harbor that materially affect the way we handle the personal data we have already collected from you, we will attempt to notify you.

7.Complaints

For any complaints related to Safe Harbor that cannot be resolved through our internal process, we agree to participate in the dispute resolution procedures set forth by JAMS. More information about the JAMS International Safe Harbor Program is available at https://www.jamsadr.com/eu-us-privacy-shield.

Export Compliance

Exports, re-exports and transfers of KEMP products and technology are subject to control under the Export Administration Regulations ("EAR"), as administered by the U.S. Department of Commerce's Bureau of Industry and Security ("BIS"). Diversion of KEMP products and technology contrary to U.S. law is prohibited. Depending on where you reside, additional import or export requirements may apply.

The export or re-export of items that are subject to the EAR to an embargoed or sanctioned destination (Cuba, Iran, North Korea, Sudan, and Syria) without a valid license or license exception is prohibited. Further, the U.S. Department of Treasury's Office of Foreign Assets Control may impose additional controls on exports, re-exports, or transfers to these destinations.

Exports to entities listed on a U.S. government denied party/prohibited end-user list may be prohibited or proceed only if they have been licensed. In addition, exports that support the design, development, or production of biological, chemical, or nuclear weapons, or missile proliferation, are prohibited without prior U.S. government authorization.

Please note that the information set forth on the website is provided for general reference purposes only. It is not intended to constitute legal guidance, and the information contained herein is subject to change at any time by the BIS or other U.S. government authorities. Please consult the EAR, or contact the BIS, for further details on U.S. export control and licensing requirements.

Product Export Classification and Licensing Definitions

Following are definitions of key terms that relate to the export classification and licensing of KEMP products and technology. If you have a question about how KEMP product has been classified for export.

ECCN: The Export Control Classification Number, or ECCN, is the U.S. term for an export classification code. An ECCN identifies the relevant category and paragraph of a classification, as they are maintained under the EAR's Commerce Control List.

Typically, KEMP's products are classified under one of the following ECCNs:

5A002: Information security hardware that is designed or modified to use cryptography, employing analog principles when implemented with digital techniques.

5D002: Software that has the characteristics, or performs or simulates the functions of the equipment controlled under ECCN 5A002.

5D992(c): Software that has the characteristics, or performs or simulates the functions of the equipment controlled by ECCN 5A992(a), but which does not meet the characteristics of ECCN 5A002.

EAR99: Refers to items that are subject to the EAR but are not listed above.

CCATS: Refers to the Commodity Classification Automated Tracking System, or CCATS, number that the BIS assigns to a commodity classification request.

Encryption Licensing Arrangement: Refers to a specific type of export license that allows the export or re-export of specified encryption hardware or software to specified destinations in unlimited quantities. In certain cases, shipments authorized under an Encryption Licensing Arrangement may be limited to specified end users for specified end uses.

License Exception: A license exception is an authorization that allows the export or re-export of items subject to the EAR without first obtaining an export license under certain specified conditions. Most KEMP products may be exported under License Exception ENC, as set forth under Section 740.17 of the EAR.

ENC-Restricted: Refers to products that may be exported or re-exported under License Exception ENC to non-government end users in all countries, except to embargoed or sanctioned countries. These products also may be exported without a license to government entities in the countries listed in Supplement No. 3 to Part 740 of the EAR. Exports or re-exports to government entities in other countries require a license.

ENC-Unrestricted: Refers to products that may be exported or re-exported under License Exception ENC to government or non-government end users in all countries, except embargoed or sanctioned countries.

Mass-Market Encryption: Refers to products that meet the following characteristics:

  • Generally available to the public by being sold, without restriction;
  • The cryptographic functionality cannot be easily changed by the user;
  • Designed for installation by the user without further substantial support by the supplier;
  • When necessary, details of the items are accessible and will be provided, upon request, to the appropriate authority.

Deemed Export: Under the EAR, an export is "deemed" to take place when technology or source code is released to a foreign national in the United States. Such a release is viewed as an export to that foreign national's country or last country of permanent residence.

ENC or ELA Reporting: Refers to the semi-annual reporting requirement, as set forth under the Section 740.17(e) of the EAR, for exports to all destinations other than Canada, and for re-exports from Canada for certain encryption items.