Kerkton Security Technologies LLC - Privacy Policy

Last Updated: July 21, 2023

Scope and Application

This Privacy Policy (“Privacy Policy”) explains how Kerkton Security Technologies LLC ("Kerkton," “we,” “us” or “our”) and its affiliated sites (kerkton.com, orna.kerkton.com, securityclientportal.com) (collectively, “Sites”) collect, use, process, disclose, share, and retain your Personal Information (defined below) when you access or use our website, mobile application, or any other applications or services provided by us and covered under this Privacy Policy (collectively, the “Services”). This policy also informs you about certain choices and rights you may have associated with your information and how you can personally manage the privacy of your Personal Information. We take our obligations regarding your privacy seriously and worked to draft this Privacy Policy in a manner that is clear and easy for you to understand. By accessing or using our website and/or services, you agree to this Privacy Policy and Kerkton’s Terms and Conditions, https://www.kerkton.com/terms/.

Please note that this Privacy Policy does not apply to the practices of third parties that Kerkton does not own or control (such as third-party websites that you may access from our website), or to individuals that Kerkton does not employ or manage. Kerkton has no control over or responsibility regarding the information collected from you by others, such as third-party websites that you access through links on our website. Instead, such information practices are governed by those entities’ privacy policies. Please review the privacy policies of any third-party websites for information on how those entities collect and use your information.

Revisions to this Privacy Policy

Kerkton reserves the right to make changes to our Privacy Policy at any time and at our sole discretion. If we make material changes to this Privacy Policy, we will provide you with additional notice by adding a statement to our websites’ homepages or sending you a notification and will update the “last updated” date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

NOTICE OF COLLECTION

Personal Information means any information that can be used to identify, locate, or contact you, whether used alone or when combined with other identifying information. It also includes other information that may be associated with your Personal Information, such as your Usage Data, location, preferences, or interests, if that information can be used to identify you, your household, or your device, or any other information as otherwise defined under applicable law. Personal Information does not include information lawfully made available from government records or de-identified or aggregated consumer information. The types of Personal Information we collect about you depend on your interactions with us and are described in more detail below.

Kerkton collects the following types of information from you and other users who access our Sites or Services (collectively, “Users”):

• Individual Identifiers: includes your first name, last name, middle name, aliases, physical address, driver’s license number, contact information such as phone number and email address, username, and password.
• Location Data: includes your postal or residential address; your geolocation data; the location of an incident call; and other location information.
• Demographic Data: includes information for our records management including age, date of birth, gender, race, ethnicity, eye color, hair color, height, and weight.
• Financial and Purchase Information: payment card information or bank account/ACH information; and purchase and billing history.
• Medical or Health Information: includes condition or diagnosis as relates to Case Reports.
• Vehicle Information: includes information about your vehicle such as make, model, year, color, and type. We also collect your license plate information, including plate number, country, state, issue date and expiration date, and VIN number.
• Employment Information: includes username, user identification number, job title, employee identification number, hiring date, call sign, badge number, and other information related to your employment.
• Device Data and Internet/Network Activity: includes IP addresses, page access and use, cookies and pixels, device information, operating system. browser information, user preferences on our Sites, and other information about Users’ interactions with our Sites and Services. We may also require the use of your mobile device’s camera, photos, or media storage when you provide user generated content. We may be granted additional device access privileges through the use of certain software. Please consult the privacy policies of any third party software you use in conjunction with our Services to assess the additional device access or data that we may be granted.
• Communications with Us and User Content: includes images, videos, call cards, case management reports, messages, opinions, and feedback that you provide to us, preferences, and other information that you share with us when you contact us directly (such as for customer support services), and other any user generated content that you choose to provide to us.

How We Collect Personal Information

Kerkton generally will collect Personal Information from customers and create and maintain records about customers which contain Personal Information, only for legitimate business purposes and only to the extent necessary to achieve those purposes.

1.   Personal Information You Provide to Us: We collect Personal Information directly from you when you interact with us or use our Services. The types of Personal Information we collect depends on how you interact with us or use our Services. We may collect the following categories of Personal Information from you in the following instances.

1. Profile Data. We collect any information or content you provide to us when you register for an account, create a profile, or register for our services. Examples of the information we collect include your name, email, phone number, login name and password, pin, address, and payment or banking information.
2. Demographic Data. We may collect specific or general demographic data when you fill out forms or sign up for our Services. Examples of such information include age, gender, zip code, state, and country.
3. Transaction Data. We collect transaction information related to the use of our Services or your purchases. Examples of information collected include the type of products or services requested or provided, order details, amount charged, payment method, billing or shipping information, customization services, and information about any products or services you canceled.
4. Communications Data. We collect information when you communicate with us or others on our Services, such as when you request additional information about products or services, interact with our customer service team, or sign up to receive e-mail correspondence from us. Examples of such data may include your contact information, the date and time of your communications, online identifiers, and the content of your communications.
5. User Content Data. We collect any other information or content you provide to us, such as when you provide feedback about our products or services or make other submissions to us or use other features of our Services that may be offered from time to time, which may require the collection of certain Personal Information in order to utilize the features. Examples of user content data may include information about your opinions, feedback, preferences, and any other Personal Information you choose to provide in your interactions with us

2.   Personal Information We Collect Automatically: We automatically collect certain Personal Information when you access and use our Services. The types of information we collect may include:

1. Device and Network Data. We collect certain information about the device you use to access our Services. Examples of such data include your device’s hardware model, browser type, IP address, operating system version, language settings, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
2. Usage Data. Although Kerkton does not use cookies or other tracking technologies, the owners of third party services may collect information about your activity on our Services via log files, cookies, web beacons, and other tracking technologies. Please see the “Cookies” section below for more information on cookies and your cookie choices.
3. Location Data. We collect precise or approximate location information in accordance with your device permissions. You may use our Services without enabling us to collect location data from your device, however, this may affect some functionality available in the Services.

3.   Personal Information We Collect From Other Sources: We may collect Personal Information about you from other sources such as publicly available sources, carriers or other third parties when they share your updated address information, which we use to correct our records, and third-party social media and communication services, that you use to interact with our Services (e.g., to create an account) or that allow you to share information (e.g., via plugins, widgets or other tools), but always in accordance with the authorization procedures and privacy settings you establish with such Services.

Cookies

We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services.

A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services.

The Site uses the following types of cookies:

• 'Persistent cookies' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;
• 'Third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.
  
  

We also use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with any other Personal Information collected about you. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Your Cookie Choices

When it comes to how you want to use or allow cookies to be used on your devices, you are in control. Most internet browsers are initially set to accept cookies. You can set your browser to block or otherwise control what cookies your browser or mobile device accepts via your browser or mobile device settings. Additionally, you can choose to modify your settings and delete cookies that are otherwise stored on your device. Please consult the instructions provided by your browser or your mobile device’s manufacturer to determine how you can limit the placement of and/or remove cookies or other technologies. Please note, however, that limiting or disabling the use of cookies and other technologies may impact or adversely affect some portion or functions of our Sites.

Use of Personal Information of Customers

We collect and use Personal Information for various purposes, including to:

1. Provide, maintain, and improve our data, products, and Services;
2. Complete the transactions you request, perform our contractual obligations, and as otherwise anticipated within the context of our ongoing business relationship;
3. Create and manage any online accounts and profiles you create with us;
4. Send notifications related to your account and respond to your requests and any other communications from you, including to provide customer service;
5. Detect and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, and breach of contract, security incidents, and harm to the rights, property or safety of Kerkton and our users, customers, employees or others;
6. We may process your Personal Information in accordance with your consent or instructions;
7. Comply with our legal or regulatory obligations;
8. As permitted by applicable law, carry out certain activities and other reasonable purposes related to the products or Services you purchase from us or your ongoing relationship with us. Where required by applicable law, Kerkton will provide a notice of such data processing prior to using your Personal Information for such purposes.

We may, with your consent, send you text messages to your phone with information related to your use of our Services. 

Sharing Your Personal Information

We may share or disclose your Personal Information to help provide our Services to you. For instance, we may share your information with our affiliated companies and service providers to respond to your requests or to provide customer service. We may also provide your Personal Information to third party service providers who assist us in providing certain services. For example, we may share the information we collect from you with our cloud hosting service providers.

We may also disclose or share your information for the following purposes:

• To facilitate and improve the quality of our Services.
• To protect our users and network against fraud and security threats.
• To comply with a legal obligation.
• To protect and defend our rights or property.
• To prevent or investigate possible wrongdoing in connection with the Services.
• To protect the personal safety of individuals or the public.
• To protect against legal liability.
• When there is a good faith belief that such action is necessary to investigate or protect against harmful activities to our guests, visitors, associates, or property (including the Websites), or to others. This may include disclosures to law enforcement to investigate potential criminal activity or other civil violations.

We may share your information with the following types of entities and third parties:

• Service Providers: We use certain fulfillment service providers, companies, individuals, and agents to facilitate and help us provide our Services. Such Service Providers perform tasks, services, or functions on our behalf, or assist us in analyzing how our Services are used or delivered. These Service Providers may include payment card processors, cloud-based storage and web-hosting providers, and other vendors that assist us in providing our Services. These Service Providers are granted access to your information only to perform these tasks on our behalf and are contractually obligated not to disclose or use it for any other purpose. For instance, we partner with Azure, Cloudflare, Pubnub, Mailchimp, Google Cloud, Mapbox, and other service providers. Since our service providers are located around the world, please note that these disclosures may involve cross-border transfers of your data.
• Kerkton affiliated entities: We may share or disclose your information to other Kerkton entities.
• Law Enforcement or Other Lawful Authority: We may from time to time be required to provide information to law enforcement or other governmental authorities pursuant to a warrant, court order, or other lawful process. 

Transfer and Retention of Personal Information

Data Transfers

Kerkton’s main offices are located in the United States, although we do provide Services to clients in other jurisdictions. Consequently, your information may be transferred to, and/or maintained on, computers located outside of the United States. We also transfer Personal Information to service providers that process Personal Information for us in the United States. As a result, your information may be subject to access requests from governments, courts, law enforcement officials and other lawful authorities in another jurisdiction according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information.

We do not sell your Personal Information

We do not sell your Personal Information to third parties. Please note that “sale” of Personal Information does not include those instances when such information is part of a merger, acquisition, or other transaction involving all or part of our business. If we sell all or part of our business, make a sale or transfer of assets, or are otherwise involved in a merger or other business transaction, we may transfer your Personal Information to a third party as part of that transaction. If such transaction materially affects the manner in which your Personal Information is processed, we will notify you of such change prior to its implementation.

Openness, Access and Security of Your Information

1.   Reviewing Your Information: We will make available to you any specific Personal Information of yours that we have collected, used or disclosed, upon your request, to the extent required by law. If you wish to review, correct, update or otherwise modify information previously collected from you, including communication preferences. You may:

1. modify your information on your account profile page on the applicable site;
2. use the “Contact Us” form on the applicable site;
3. call 469-772-9979.

Note that despite any request for a change to or removal of your Personal Information, we may need to retain certain information for administrative purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed.

2.   Accuracy of your Information: We expect you, from time to time, to supply us with updates to your Personal Information, when required. We may make commercially reasonable efforts to transmit any amended information to third parties having access to your Personal Information, where necessary in the circumstances.

3.   Safeguards to Protect your Information: Kerkton takes the privacy and security of your information seriously, and uses reasonable, appropriate and customary procedures and technologies to help protect the confidentiality of any Personal Information we collect. Towards that end, Kerkton employs reasonable administrative, physical, and technical safeguards to protect the information we hold. However, no website, network, or system can be absolutely protected against intentional or malicious intrusion attempts despite our precautions. Furthermore, Kerkton does not control the devices, computer or network through which you access the Site or over which you may choose to send Personal Information or other information to us, and therefore cannot prevent potential interceptions or compromises to your information while in transit. Kerkton makes no guarantee as to the security, integrity or confidentiality of any information transmitted to or from the Site. Kerkton is committed to safeguarding your information to the best of its ability but cannot guarantee the security of electronic communications or transmission made over the Internet.

Our Policy on “Do Not Track” Signals

We do not support “Do Not Track.” Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser. 

We and third parties may track user behavior across time and over different websites or platforms.

Children’s Privacy

All of our Services, including our Websites, are intended for adult audiences, and are not meant to address anyone under the age of 18 (“Children”). As such, we do not knowingly collect personal information from anyone under the age of 18, and Children under 18 may not use our Sites or any other Services. If you are under 18, do not attempt to register for or use any of our Services, including our Sites, and do not provide us any Personal Information about yourself.

If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we will take steps to remove that information from our servers.

Your California Privacy Rights Regarding Direct Marketing Information

California residents have the right to request information from a company regarding the manner in which it shares certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the rights set forth above. 

Under California law, you have the right to send us a request at the designated address listed below in the “Contact Us” section to receive the following information:

• The categories of information we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year;
• The names and addresses of the third parties that received the information; and
• If the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

To make such a request, please provide sufficient information for us to determine if this applies to you, and attest to the fact that you are a California resident. Please also provide a current California address for our response. You may make this request in writing to us at the below address. Any such request must include “California Privacy Rights Direct Marketing Information Request” in the first line of the description, and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the address provided for this purpose below.

Note that responsive information may be provided in a standardized format that is not specific to you.

Right to be Forgotten

Resident of countries subject to the General Data Protection Regulation (“GDPR”) or similar laws have the right to request that we erase your personal data. This is known as the "right to be forgotten." We will comply with your request if one of the following applies:

• The personal data is no longer necessary for the purposes for which it was collected or processed.
• You withdraw your consent to the processing of your personal data, and there is no other legal basis for the processing.
•  You object to the processing of your personal data, and there are no overriding legitimate grounds for the processing.
• The personal data has been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation to which we are subject.

Please note that we may not be able to comply with your request if the processing of your personal data is necessary for:

• Exercising the right of freedom of expression and information.
• Complying with a legal obligation.
• Conducting research for public interest purposes.
• Establishing, exercising or defending legal claims.

To make such a request, please provide sufficient information for us to determine if this applies to you, and attest to the fact that you are a resident of a country subject to the GDPR, or a similar law. Please also provide a current address for our response. You may make this request in writing to us at the below address. Any such request must include “GDPR Request” in the first line of the description, and include your name, street address, city, state, province, and ZIP or postal code. Please note that we are not required to respond to requests made by means other than through the address provided for this purpose below.

Note that responsive information may be provided in a standardized format that is not specific to you.

Contact Us

Please direct any questions you may have about this Privacy Policy to any one of the following:

By mail: to the address below, with a subject line of “Privacy Policy.”

Kerkton Security Technologies, LLC

Attn: Legal

12222 Merit Drive, #130

Dallas, TX 75251

By E-mail: Legal@kerkton.com, with a subject line of “Privacy Policy.”

By Phone: 469.772.9979