Privacy Policy

Updated August 30th, 2020

Conduktor Inc. (“Conduktor,” “we,” “our,” or “us”) understand that privacy is important for visitors to our website (our “Site”) and users of our products and services (our “Products”).This Privacy Policy ("Policy") explains how we collect, use, and share your personal information, and how you can exercise your privacy rights. If you are unable to access this Policy due to a disability or any physical or mental impairment, please contact us using the contact details in the How to Contact Us section and we will arrange to supply you with the information you need in an alternative format that you can access. You can also access a printable version of this Policy.

This Privacy Policy covers personal information we process:

(1) When you visit our Site, and in the usual course of business, such as in connection with our events, sales, and marketing activities (collectively, "Visitors"); and

(2) When you register to or otherwise use Conduktor Products whether as an entity, individual, as an applicant, team member or employee of our customers (collectively, "Users").

This Privacy Policy does not apply to Site or Products that display or link to different privacy policies. This Policy also does not apply where Conduktor processes personal information of our customers on their behalf; our collection and processing of such personal information is governed by our agreements with those customers.

We recommend that you read this Policy in its entirety to ensure you are fully informed.

1\. WHO WE ARE

Conduktor is a company headquartered in 154 W 14th Street, 6th floor, New York, NY 10011, United States. Conduktor’s Products help organizations and developers work with Apache Kafka.

2\. PERSONAL INFORMATION WE COLLECT

The information we collect depends on the context of your interactions with Conduktor and the choices you make (including your privacy settings), the Products and features you use, your location, and applicable law.

(i) Information You Provide to Us

WHEN YOU VISIT OUR SITE

Certain parts of our Site may ask you to provide personal information voluntarily. We collect and store personal information that you directly provide us through our Site, through interactions on social media, participation in a survey or promotion, application for a job, when downloading white papers on our Site, and at events. We will collect certain personal information so that we may fulfill your request or keep in touch with them in connection with our sales and marketing activities (always in accordance with your marketing preferences). Information we collect includes:

• Contact information: your name, email address, phone number, mailing address, billing address, and usernames;
• Demographic data: your job title, company name, city, state, and country;
• Payment information: your credit card numbers and other payment information. Our third-party payment processors (like Stripe) collect this information if you purchase our Products, such as online training, cloud services, or software subscriptions; and
• Content and communications: any data you enter into any ‘free text’ boxes on our forms; comments in our chat forms, and communications with us on social media and other platforms, through phone, or messaging services.

WHEN YOU USE OUR PRODUCTS

If you are a User, you or your employer, may provide certain personal information to us through the use of Conduktor Products - for example, when you register for a Conduktor account to access and use our Products, when you consult with customer support, or send us an email or communicate with us in any way. Personal information we collect may include:

• Business contact information: such as your name, job title, organization, phone number, email address and country.
• Marketing information: such as your contact preferences.
• Account log-in credentials: such as your email or username and password when you sign up for an account with us and the unique User/ team ID assigned to you in our systems.
• Troubleshooting and support data: such as personal information you provide or we otherwise access in connection with support queries we receive from Users. This may include, for example, contact or authentication data, the content of your chats and other communications with Conduktor, and the product or service you are using related to your help inquiry.
• Computer Information: such as the internet protocol (IP) addresses of computers on which our Product is installed.
• Brokers and cluster metadata: such as ID information of the brokers and clusters with which you are using our Products.

(ii) Information We Collect Automatically.

WHEN YOU VISIT OUR SITE

When you visit our Site or interact with our emails, we gather certain technical information from your browser or device automatically and store it in log files. In some (but not all) countries, including countries in the European Economic Area ("EEA"), UK and Switzerland, this information is considered personal information under data protection laws. To the extent that this automatically collected data includes, or is linked to, personal information, we will treat the data in accordance with this Privacy Policy.

This information we collect includes:

• Geolocation data: Such as your geolocation data when you visit our Site and use our Products. For example, we may derive your general location using an IP address.
• Identifiers and device information. Such as your device’s operating system, device identifier, customer ID and other device information, user agent string, Internet Protocol (IP) address, access times, browser type, and log data detailing your interactions with our Site (e.g., number of clicks, pages viewed, information searched for), and the website you visited before and after coming to our Site (i.e., referrer header) are logged automatically. When you submit a support ticket, we receive data from the user agent string of your browser, which includes device information, browser information, OS information, city, state, country, and IP address.
• Information collected through social media and other platforms. We receive information about you when you engage with us through various third-party platforms (e.g., Google group, Facebook, LinkedIn, GitHub, Twitter, Instagram, etc.), or by sharing content from our Site on Facebook, Twitter, or LinkedIn. The data we exchange with these third-party platforms may depend upon your privacy settings with these platforms. You should review and consider adjusting your privacy settings on third-party websites and services before engaging. Do not provide us with any sensitive personal data through these platforms. We are not responsible for the data protection and use practices of these third-party platforms. Please see their privacy policies to learn how they use your information.

For more information please see the “Our Use of Cookies and Other Technologies” and “Product telemetry data” sections below.

WHEN YOU USE OUR PRODUCTS

When you use our Products, we collect certain technical information from your browser or device automatically. This information includes:

• Geolocation data: Depending on your device settings, we collect geolocation data when you use our Products. For example, we may derive your general location using an IP address.
• Product telemetry data: Such as telemetry data and other data about your usage, including your IP Address and other unique identifiers in combination with information about the version of our software you are running and how it is configured, to collect and aggregate certain diagnostic and analytics information. We may combine this information with information you provide when you download our Products or engage with customer support, including the name of your organization or company. You can turn off the collection of telemetry data as described in the “Choices” section below.
• Inferences. We infer new information about you and your company from data we collect, including using automated means to generate information about your likely preferences, your service and product needs or other characteristics. For example, we infer your city, state, and country location based on your IP address.
• Information collected through social media and other platforms. We receive information about you when you engage with us through various third-party platforms (e.g., Google group, Facebook, LinkedIn, GitHub, Twitter, Instagram, etc.), or by sharing content from our Site on Facebook, Twitter, or LinkedIn. The data we exchange with these third-party platforms may depend upon your privacy settings with these platforms. You should review and consider adjusting your privacy settings on third-party websites and services before engaging. Do not provide us with any sensitive personal data through these platforms. We are not responsible for the data protection and use practices of these third-party platforms. Please see their privacy policies to learn how they use your information.

(iii) Information We Collect from Third-party Sources.

We may occasionally receive your personal information from third party sources including our marketing and research partners.

Users of our Products may also provide your personal information when they identify you as a billing, support, or technical contact, or when inviting you to use our Products or attend our events. If you integrate or link a third-party service with our Site or Products, we may receive personal information about you from that third-party service based upon the settings and permissions you've established with such third party service, and that third party service's privacy practices.

The types of information we collect from third parties may include contact information, demographic data, and content and communications. We use this information to maintain and improve the accuracy of the records we hold about you, identify new customers, and provide a more tailored advertising experience. We may combine this information with other information we collect about you through our Site and Products.

When you are asked to provide personal information, you may decline. But if you choose not to provide information that is necessary to provide certain Products, those Products may not be available or function correctly.

1. OUR USE OF COOKIES AND SIMILAR TECHNOLOGIES

Our Site and related online services use cookies and similar technologies to enable certain functionality and help collect information about your visit. We use the following technologies, over which you have certain options:

“Cookies” are small text files, typically containing a unique string of letters and numbers, stored on your hard drive by a Site. When you return to the Site using the same browser, the Site can read the cookie and thereby gather information about your usage over time. Among other things, we use cookies and other technology to see which areas and features are popular and to count visits, which helps us to improve our Site, our Products, and your experience. Most Web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove cookies and to reject cookies. If you choose to remove or reject cookies, this could affect certain features or services of our Site or other Products.

Web Beacons. We may collect information using Web beacons. Web beacons are electronic images that may be used on our Site, Products, or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and to tell if an email has been opened and acted upon.

Hotjar. We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

Google Analytics:

Do Not Track. There are many ways through which web browser signals and other similar mechanisms (for example, “Do Not Track”) can indicate your choice to disable tracking, and, while we and others give you choices described in this Privacy Policy, we do not currently honor these mechanisms.

4\. OUR USE OF PERSONAL INFORMATION

Conduktor processes personal information for the following business purposes, and if you are a resident in the EEA or UK, on the legal basis identified below:

• Providing our website and Conduktor Products: In reliance on our legitimate interest, we process your personal information to operate and administer our website, and to provide, operate, and maintain the Conduktor Products;
• Communicating with you about the Conduktor Products: We may send you service, technical and other administrative or technical email, messages and other types of notifications(such as distribution and product updates and product patches and fixes) in reliance on our legitimate interests in administering the Conduktor Products and providing certain features. These communications are considered part of the Conduktor Products and in most cases you cannot opt-out of them. If an opt-out is available, you will find that option within the communication itself;
• Providing necessary functionality: We process your personal information in reliance on our legitimate interest to provide you with the necessary functionality required during your use of our website and Conduktor Products;
• Transactional considerations: We process your personal information to complete transactions, and send you related information, including purchase confirmations and invoices, to perform our contract with you and to the extent necessary in reliance on our legitimate interest;
• Handling contact and support requests: If you fill out a “Contact Us” web form or request support as a User, or if you contact us by other means including via a phone call, we process your personal information to perform our contract with you and/or (if we have not entered into a contract with you) to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you;
• Administering Events: We process your personal information to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you, billing, registration and to connect you with other event attendees, to perform of our contract with you, or to the extent necessary for our legitimate interests in fulfilling your requests to attend any such events;
• Developing and improving our website and services: We process your personal information to analyze trends and to track your usage of and interactions with our website. marketing activities and Conduktor Products to the extent it is necessary for our legitimate interest in developing, improving and troubleshooting our website, marketing activities and the Conduktor Products and providing you with more relevant content and service offerings, or where necessary, in reliance on your consent;
• Sending marketing communications: We will process your personal information for marketing purposes in accordance with your preferences, such as to communicate with you via email, SMS or telephone about services, features, surveys, newsletters, promotions or events we think may be of interest to you and/or to provide other news or information about Conduktor and/or our select partners, in each case in reliance on our legitimate interest in conducting direct marketing or where necessary with your consent. Please see the "Your Privacy Rights" section below, to learn how you can control the processing of your personal information by Conduktor for marketing purposes;
• Displaying personalized advertisements and content: We process your personal information to conduct marketing research, advertise to you, provide personalized information about us on and off our website and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in supporting our marketing activities or advertising the Conduktor Products or, where necessary, to the extent you have provided your prior consent (please see the "Your Privacy Rights" section, below, to learn how you can control how the processing of your personal information for personalized advertising purposes);
• Promoting the security of our website and services: To the extent necessary for our legitimate interests in promoting the safety and security of our website and services, we use your personal information to investigate and prevent fraudulent transactions, unauthorized access to the website, Conduktor Products, and other illegal activities;
• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and features, enhancing, improving or modifying our products and services, identifying usage trends and expanding our business activities in reliance on our legitimate interests;
• Complying with legal obligations: We process your personal information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our website, the Conduktor Products, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests;
• Reviewing compliance with applicable usage terms: We process your personal information to review compliance with our contract with you or your organization (where applicable) to the extent that it is in our legitimate interest to ensure adherence to the relevant terms; and
• Other purposes: We will process your personal information for other purposes about which we notify you in advance, or for which we receive your consent. In general, we collect and process personal information about you, as necessary to provide the Products you use, operate our Site and business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfil other legitimate interests as described in this Privacy Policy and in our notices to you.

5\. SHARING OF PERSONAL INFORMATION

We may share or disclose your personal information to the following categories of recipients:

• Partners and other similar parties. We may share your personal information with our sponsors and co-sponsors of events, whose information we believe may be relevant to you. We may also share your personal information with research and advisory firms whose reports are offered through our Site (subject to applicable laws).
• Third-party vendors and other service providers. We may share your personal information with our third-party vendors and service providers that we use to provide services such as payment processing, reselling services, support ticket portals, secure transfer software, cloud hosting, video conference services, marketing automation platforms, project management tools, registration services, learning management services, collaboration and communication tools, data backup services, and professional services.
• Business transfers. We may share your personal information with other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business or assets by another company or third party, or in the event of a bankruptcy, dissolution, or related or similar proceedings.
• Compliance with laws. We may share your personal information as required by law or subpoena or if we reasonably believe that such action is necessary to comply with the law or the reasonable requests of law enforcement.
• Legal rights. We may share your personal information to enforce our Terms of Use or other agreements, to protect the security or integrity of our Site and Products, or to exercise or protect the rights, property, or personal safety of Conduktor, our customers, users, or others.
• Advertising partners. We may partner with third party advertising networks, exchanges and social media platforms to display advertising on our website or to manage and service advertising on other sites and we may share personal information with them for this purpose. Please see the section above "Our Use of Cookies and Similar Tracking Technologies" for further information.

6\. YOUR CHOICES ABOUT PERSONAL INFORMATION

Depending on your location, your jurisdiction, and subject to applicable law, you may have the rights below with regard to the personal information we control about you. We will respond to your requests within the appropriate timeline under applicable law.

Privacy Rights (EEA residents & California Consumers). EEA residents and California consumers are afforded certain privacy rights by relevant privacy laws, such as the General Data Protection Regulation ("GDPR") and the California Consumer Privacy Act ("CCPA"), respectively. Please see below for applicable rights under each legal regime.

European Data Protection Rights (EEA Residents)

If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that data:

• You may request access to, and correction or erasure of, your personal information at any time.
• You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.
• If the processing of personal information is based on your consent, you have a right to withdraw consent at any time for future processing. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information but we encourage you to first contact us with any questions or concerns. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area (“EEA“) are available at https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index\_en.htm
• Conduktor does not engage in any automated decision making with User personal information.

You may exercise the rights above by using this form or by emailing us at legal@conduktor.io.

California Privacy Rights (California Consumers)

The California Consumer Privacy Act (“CCPA”), provides California residents with the following rights:

• You may request access to, or for a copy of the personal information we have collected, used, disclosed, and sold about you over the past twelve (12) months. Please see the section below "Additional Disclosures for California Consumers" for more information on our general practices.
• You may also request that we delete certain personal information we have collected from you.
• You have a right not to receive discriminatory treatment for the exercise of your CCPA privacy rights.
• You may also have the right to opt out of the sale of your personal information. In consideration of the right, Conduktor does not sell information as the terms “sale” or “sell” are traditionally understood (i.e. for money). However, making a California resident’s personal information (including IP addresses, cookies IDs, and mobile IDs) available to third parties as described above may broadly be considered a “sale” under the CCPA, given its broad definition of "sale." The definition is so broad it could include the sharing of personal information with third parties in exchange for something of value, even if no money changes hands. As discussed in this Privacy Policy, our advertising and analytics providers may collect your IP address, cookie ID, and mobile ID when you use our website, and such vendors may further share your information to provide similar advertising or analytics services to their other customers.

If you are a California resident seeking to exercise your CCPA rights, or if you are an authorized agent wishing to exercise CCPA rights on behalf of someone else, please email us at legal@conduktor.io.

Please note that to protect your personal information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent's identity to protect your personal information.

7\. ADDITIONAL DISCLOSURES FOR CALIFORNIA CONSUMERS

California law requires us to provide California consumers with some additional information regarding how we collect, use, and share your "personal information" (as defined in the CCPA). Throughout this Policy, we discuss in detail the specific pieces of information we collect from you or your device and discuss how we use and share such information.

As described in detail in section 2 above we may collect the following categories of information about you through the Conduktor Product or when you visit our site:

• Identifiers, such as name and contact information;
• Device identifiers, such as IP address;
• Internet or other network or device activity, such as browsing history or app usage;
• Geolocation information; and other information that identifies or can be reasonably associated with your device;
• Commercial information, such as transaction data;
• Professional or other employment related information, such as where you work and your title; and
• Financial information, such as credit card and payment data.

The sources from which we collect personal information are described in Section 2 ("Personal Information We Collect") of this Privacy Policy The business and commercial purposes for which we collect this information are described in section 4 ("Our Use of Personal Information") of this Privacy Policy. The categories of third parties to whom we "disclose" this information for a business purpose are described in section 5 ("Sharing of Personal Information") of this Privacy Policy.

The CCPA defines ‘sale’ very broadly. It includes the sharing of California Information in exchange for anything of value. According to this broad definition, in the year before this section was last updated, we may have sold the following categories of personal information to third parties: identifiers (like your IP Address) and other electronic network activity (such as browsing history). We may have sold these categories of personal information to the third parties listed in section 5 ("Sharing of Personal Information") of this Privacy Policy.

8\. HOW WE STORE AND PROTECT PERSONAL INFORMATION

Storage and processing. Your information collected through the Site and our Products may be stored and processed in any country in which Conduktor or its service providers maintain facilities. Our processing locations are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem. We take steps designed to ensure that the data we collect under this Privacy Policy is processed according to the provisions of this Privacy Policy and applicable law wherever the data is located.

International data transfers. When we transfer personal information from the European Economic Area, or the United Kingdom to the United States or other countries which have not been determined by the European Commission to have laws that provide an adequate level of data protection, we use legal mechanisms, including contracts, designed to help ensure your rights and protections.

Keeping your information safe. Conduktor cares about the security of your information and takes reasonable and appropriate technical and organizational measures designed to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction of personal information. However, no security system is impenetrable, and we cannot guarantee the security of our systems or your information. For this reason, you should be mindful of the information you provide to us.

Lawful basis for processing personal information (EEA only). If you are located in the European Economic Area (EEA), Conduktor Inc., is the data controller of your information. For more details on the legal bases used for the processing of your personal information, please see section 4 "Our Use of Personal Information".

Our legal basis for collecting and using the personal information above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will indicate this at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as the possible consequences, if any, if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of a third party), we will indicate to you at the relevant time what those legitimate interests are.

If you have questions about the legal basis for processing or want to find out more, please contact us using the details at the end of this Privacy Policy in the section "How to Contact Us".\]

Retention. We retain personal information for as long as we have an ongoing legitimate business need to do so. For example, we retain your account information for as long as your account is active or as needed to provide you with Products you have requested or authorized, including maintaining and improving the performance of the Products and protecting system security. We also retain personal data as needed to maintain appropriate business and financial records, protect our legal interests, resolve disputes, or comply with legal or regulatory requirements. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or if this is not possible (for example, because your personal information has been stored in backup archives), then we will store your personal information using appropriate security measures and take appropriate steps designed to isolate it from any further processing until deletion is possible.

9\. CHANGES TO OUR PRIVACY POLICY

Conduktor may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices. Please review this page periodically. If we make any changes to this Privacy Policy, we will notify you by changing the "Last Updated" date above. If we make any material changes, we will provide you with additional notice or obtain consent as may be required by applicable law.

This website is operated by Conduktor Inc.

If you have any questions, complaints, or concerns about how your information is handled, or would like to exercise any of your rights for yourself or on behalf of someone else, please email us at

support@conduktor.io