Privacy Policy

Kontiki, Inc. (“Kontiki”) is committed to following all applicable privacy laws and regulations and keeping you informed of what information it collects or otherwise receives about you when you visit www.kontiki.com (the “Website”) or when you use the Kontiki Enterprise Video Platform (Live or Video on Demand) and VideoCenter Portal services (the “Services”), and how Kontiki uses such information. The following Privacy Policy is part of that commitment.

Kontiki has been awarded TRUSTe’s Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe’s program requirements and the TRUSTed Cloud Program Requirements including transparency, accountability and choice regarding the collection and use of your personal information. The scope of TRUSTe’s certification is for the data collection and use while on www.kontiki.com. TRUSTe’s program does not cover information that may be collected through downloadable software. TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@kontiki.com. If you are not satisfied with our response you can contact TRUSTe.

Kontiki complies with the U.S. – E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Kontiki has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Kontiki’s certification, please visit http://www.export.gov/safeharbor/

Website Privacy Information

Personally Identifiable Information

The Website. No personally identifiable information (such as names, e-mail addresses, telephone numbers, etc.) is automatically collected from visitors to the Website. Kontiki allows you to complete forms such as inquiry, 30 Day Evaluation, and Partnership request forms on our Website. These forms may all be completed on a voluntary basis. Kontiki will alert you in advance of the use to which such information will be put and to whom it may be provided. For example, Kontiki may ask for your name and e-mail address in order to send you communications of interest about Kontiki. In such a case, Kontiki will use your name and e-mail address only for this purpose, and will not share it with any third party, except as described in this privacy policy (See “Legal Disclaimer “, “Service Providers”, and “Business Transitions” below).

From time-to-time we may provide you the opportunity to participate in surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). We use this information to improve the content of our Website and services.

From time to time we post written and video testimonials on our Web site. We receive permission to post these prior to posting.

Public Blog. Our Website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at privacy@kontiki.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at privacy@kontiki.com.

Non-personally Identifiable Information

The Website. Certain non-personal information (such as the domain name of the visitor’s Internet service provider) is collected in the normal operation of Kontiki’s Internet servers. In addition, when you visit the Website, Kontiki may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons. This information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol address, and what you do when you visit the Website (such as the pages viewed and the links clicked). This information is primarily used for internal purposes, and only in non-personally identifiable form. However, Kontiki may from time to time provide this information in aggregated, non-personally identifiable form to other parties for marketing, advertising or other use.

Some of our business partners (e.g., tracking utility company) may use cookies and Web beacons on our site. We have no access to or control over these cookies.

This privacy policy covers the use of cookies by Kontiki only and does not cover the use of cookies by any third parties.

Web Beacons
We employ and our third party tracking utility company employs a software technology called Web beacons that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

We also use Web beacons and cookies in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice and Opt-out.”

As is true of most Websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We do not link this automatically-collected data to personally identifiable information.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, or delete it by emailing us at privacy@kontiki.com or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request for access within 30 days.

The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Website, you can send email us at privacy@kontiki.com.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at privacy@kontiki.com.  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Services Platform Privacy Information

Kontiki collects information under the direction of its Clients, Kontiki has no direct relationship with the individuals whose personal data it processes. Kontiki works with its Clients to help them provide notice to their customers concerning, the purpose for which personal information is collected.

In order to request additional information about the Services or to register to use the Services, Kontiki requests that you provide your contact information, such as name, company name, address, phone number, and email address (“Contact Information”). In addition, Kontiki may ask you to provide information about your company, such as annual revenues, number of employees, or industry (“Firmographic Information”). For security purposes, you may also be asked to create user names and/or passwords (“Passwords”) in order for you or your company’s personnel to use the Services. In your use of the Services, you may upload your proprietary data and/or content to the Services (“Content”). Contact Information, Firmographic Information, Passwords and Content are, collectively, “Company Information.” Kontiki will not use Company Information other than in connection with operating and supporting your use of the Services, and facilitating your continued paid use of the Services through a further agreement with Kontiki. Kontiki will not share your Company Information with any third party, except that Kontiki may disclose personally identifiable information in order to comply with a court order or subpoena, a request from a law enforcement agency to release information, or to otherwise comply with other legal or governmental requirements.

We use this information to

  • Provide requested services
  • Send you requested service information
  • Respond to customer service requests
  • Administer your account
  • Send you marketing communications

Our Service Platform uses cookies only for authentication, not for any other purpose such as tracking web activity. The platform collects and reports on information such as usage information (how videos are consumed), delivery information (how videos get delivered) and node information (machines checking in, telling us that they are active and seeing if there are any updated policies to download). With respect to data that is stored on end user machines, we do track what VoD videos are being stored locally, but only those videos from which Kontiki is the provider. This information is stored in a local database (called zdata) and we only use that information to approximately fix peers to one another.

Choice

We collect information for our clients, if you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our services, please contact the Client that you interact with directly. If you are a Client and would like to update your account please contact us at privacy@kontiki.com.

Service Provider, Sub-Processors/Onward Transfer

Kontiki may transfer personal information to companies that help us provide our services. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients.

Access to Data Controlled by our Clients

Kontiki has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Kontiki Client (the data controller). If the Client requests Kontiki to remove the data, Kontiki will respond to their Client’s request within 30 business days.

Data Retention
Kontiki will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Kontiki will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security
The security of your personal information and our Clients’ information is important to us. When you enter sensitive information (such as login credentials) we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact privacy@kontiki.com.

The Services. As part of using the Services, you or your Company’s employees (“Service Users”) will be required to download and store a copy of the Kontiki desktop client application (the “Kontiki Client”) on each Service Users’ machine through which such Service User intends to access the Services. The Kontiki Client facilitates your access to Content by communicating with Kontiki’s servers and other Service Users’ machines. As part of its functioning, the Kontiki Client transmits to Kontiki’s servers certain information regarding your use of the Services, such as Content viewed, length of time using the Services, and speed of Content delivery (“Usage Data”). Usage Data is collected on a non-personally identifiable basis and is not associated with your Contact Information or Password. Usage Data is used by Kontiki only in connection with operating and supporting your use of the Services, facilitating your continued paid use of the Services through a further agreement with Kontiki, and improving the Services generally. In addition, Kontiki may from time to time provide Usage Data in aggregated, non-personally identifiable form to other parties for marketing, advertising or other use.

General Privacy Information for our Website and Services Platform

Special Offers and Updates

We will occasionally send you information on products, services, special deals, promotions. You can sign up for these emails from us on our registration page.

Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice and Opt-out.”

Service-related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account

Choice/Opt-out

If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at privacy@kontiki.com.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Sharing Of Information

Service Providers
We use other third parties to provide email service solutions on our site. We will share your email address with this service provider to fulfill our email needs as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose including their own marketing purposes.

Legal Disclaimer
Kontiki will disclose personally identifiable information in order to comply with a court order or subpoena, a request from a law enforcement agency to release information, or to otherwise comply with other legal or governmental requirements without prior consent.

Business Transitions
In the event Kontiki goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.

Third Party Websites

The Website and the Services may contain links to other websites which enable you to visit other sites through your Internet browser. Kontiki is not responsible for the privacy practices or the content of any such other websites. Before interacting with any other website, you should be sure you are comfortable with its privacy practices.

Children’s Privacy

Our Website and Services are not intended for anyone under the age of 13. We do not knowingly collect information from anyone under the age of 13. If become aware that child under 13 has shared personally identifiable with our Website or Services, we will delete this information immediately. In order to take any such actions, parents or legal guardians should contact Kontiki as specified below under “Contact Us”.

Acceptance of Privacy Policy

By using this Website or the Services, you signify your assent to this Privacy Policy. If you do not agree to the terms of this policy, please do not use the Website or the Services. Kontiki reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. Please check this page periodically for changes. Your continued use of this Website and the Services following the posting of changes to these terms will mean that you accept those changes. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page

Contact Us

If you would like to correct information you have provided us, unsubscribe from communications, terminate use of the Service or otherwise have any questions about this Privacy Policy, you may email us at any time at privacy@kontiki.com. This e-mail address is being protected from spambots. You need JavaScript enabled to view it or write to Privacy Policy, Kontiki, Inc., 1001 W. Maude Avenue, Sunnyvale, CA 94085.

This Privacy Policy was last updated on June 18, 2012.