Modified: 09.30.2024


PRIVACY POLICY AGREEMENT

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We care deeply about the privacy of our customers. To that end, this Privacy Policy (“Privacy Policy”) describes how ("KWARE DESIGN", “we”, “our”, or “us”), collects, and uses your Personal Information, as well as an explanation of the data rights you may have in that Personal Information. This Privacy Policy applies to all our customers, visitors, and users (collectively, "Customers", “Users”, “you”, or “your”), and all services, including our websites (including kwaredesign.com and any of its subdomains, the “Website”), related services (collectively, the “Services”). This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you may have under other applicable data privacy laws.

We reserve the right to make changes to this Privacy Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. Users at this time shall have the option as to whether to permit the use of their information in this separate manner.

Please note that this Privacy Policy does not govern the collection and use of information by companies that KWARE DESIGN, LLC does not control, nor by individuals not managed by us. If you visit a website that we mention or link to, be sure to review its Privacy Policy before providing the site with information. It is highly recommended and suggested that you review the Privacy Policies and statements of any website you chooseto use or frequent to better understand the way in which websites make use of and share the information collected.

"KWARE DESIGN, LLC" is committed to lawful, fair, and transparent collection of your data. This Privacy Policy governs data collection by us and our affiliates when you purchase or use our products, services, and website (collectively the “Services”). It was drafted to help you understand the types of information we collect from you, how we use it, as well as how we share, store and protect it. Before accessing or using our Services, please read this policy and make sure you fully understand our practices concerning your Personal Information. If you read and fully understand this Privacy Policy.

If you do not agree with this policy, you should not use our Services. By accessing or using our Services, you agree to this policy, which may change from time to time to better reflect our practices and applicable laws. Your continued use after we make change(s) is deemed acceptance of those changes.

Children Under the Age of 18

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Our Services are not intended for minors (children under 18 years of age or equivalent depending on jurisdiction, (“Children”), and use of our Services by Children is strictly prohibited. We do not knowingly collect personally identifiable information from Children. If we learn we have collected or received personal information from Children without verification of parental consent, we will delete that information. If you believe we might have any information from or about Children, please contact us.

COPPA Compliance Disclosure: This Privacy Policy presumes that your website is not directed at children under the age of 18 and does not knowingly collect personal identifiable information from them or allow others to do the same through your site. If this is not true for your website or online service and you do collect such information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid violations which could lead to law enforcement actions, including civil penalties.

Types of Information We Collect

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We collect information if you voluntarily provide it to us. For example, if you sign up for our Services, you might give us your name and email address. You might also give us data when you email us or give us feedback. In addition, you may submit information online through surveys, forms, portals, or other interactive activities on our website. details about transactions you carry out through our website. It is always your choice whether or not to provide personal data. Do not provide personal data unless you are authorized to do so. We may collect the following information directly from you:

• information that may be personally identified, such as name, phone, location, e-mail address, and other identifier by which you may be contacted online or offline (“personal information“);


• information that is about you but individually does not identify you; and/or


• information about how you interact with our website, such as internet connection or the equipment you use to access the Services.

This policy does not apply to third-party sites that may link to, or be accessible from, our site. We do not control these third parties’ tracking technologies or how they may be used. Your interactions with these sites are governed by the third parties’ applicable privacy statements. If you have any questions about these sites, you should contact the responsible provider directly. We may also collect information automatically: We may also be in contact with you regards to completing a surveys and/or research questionnaires related to your opinion of current or potential future services that we may be offered.

As you interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to our website and information about your computer and internet connection. The information we collect automatically does not include personal information.

KWARE DESIGN, LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to anythird parties.

The technologies we use for this automatic data collection may include cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser, but if you do you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to us.

USE OF INFORMATION COLLECTED

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We use information that we collect about you or that you provide to us, including personal information to present our Services to you; to provide you with information, products, or services that you request from us; to fulfill any other purpose for which you provide it; to provide you with notices about your account/subscription, including expiration and renewal notices; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; to comply with legal obligations; or for any other purpose with your consent.

Notice to European Union Users

If you are an EU resident, we will collect and use your personal data only if we have one or more legal bases for doing so under the GDPR. This means we collect and use your personal data only where you have given your consent for one or more specific purposes; it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; it is necessary to protect the vital interests of you or another natural person; or it is necessary to comply with a legal obligation.

KWARE DESIGN, LLC's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Privacy Policy.

Security: We takes precautions to protect your information. When you submit sensitive information via the website, your information is protected online. Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lockicon in the address bar and looking for "https" at the beginning of the address of the webpage. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification ofthe user's personal information under our control.

Who We Share Your Information With

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We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this policy to our team members, agents, subsidiaries and affiliates who have a business need to know; to contractors, service providers, and other third parties we use to support our business; to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets; to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide the information; and/or with your consent.

We may also disclose your personal information to comply with any court order, law, or legal process, including to respond to any government or regulatory request; and/or to enforce or apply our terms of use and other agreements, including for billing and collection purposes. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

How We Protect Your Personal Information

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We may store your personal data in any region or in any country where we or our service providers have facilities. We implement reasonable processes and adhere to best practices to protect your Personal Information from accidental loss and unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website. We will store your personal data only until it is no longer needed to fulfill the purpose(s) for which it was collected or as required or permitted by law; at that point, it will be anonymized, deleted, or isolated.

Your personal data is stored by third parties on its servers, and on the servers of the cloud-based database management services with our affiliate engages, located in the United States. Our affiliate retains service data for the duration of the customer’s business relationship with our affiliates and for some time thereafter, to analyze the data for our operations, and for historical and archiving purposes associated with our affiliate services. Our affiliates retain prospect data until it no longer has business value and is purged from their systems. All personal data that our affiliates control may be deleted upon verified request from Data Subjects or their authorized agents. For more information on where and how long your personal data is stored, please contact us at: info@kwaredesign.com

Data Protection: From our affiliates, we implement robust data protection mechanisms to safeguard your sensitive information: Encryption: All client data is encrypted using industry-standard encryption algorithms both at rest and in transit. Access Control: We employ user roles and permissions to ensure that only authorized personnel can access sensitive data. Rate Limiting: To protect against abuse, we implement rate limiting on our chatbots, controlling the number of requests per user. Domain Allowlist: We provide controls to specify which domains their chatbot can be embedded on, adding an extra layer of security. Infrastructure Security: Our database and application run on AWS infrastructure (us-east-1), managed by reputable providers including Supabase, Vercel, and Pinecone. Compliance: We are GDPR compliant and are in the process of obtaining SOC 2 compliance to further strengthen our security measures. No AI Training: We do not use your data to train AI models. We use Retrieval-Augmented Generation (RAG) to generate responses without compromising your data.

GDPR Disclosure: If you answered "yes" to the question. Does your website comply with the General Data Protection Regulation (GDPR)? Then this Privacy Policy above includes language that is meant to account for such compliance. Nevertheless, in order to be fully compliant with GDPR regulations, your company must fulfill other requirements such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing agreement with any third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR compliance; (iv) designate a represent ative based in the EU under certain circumstances; and (v) have a protocol in place to handle a potential data breach. For more details on how to make sure your company is fully compliant with GDPR, please visit the official website at https://gdpr.eu. Chatbase and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any GDPR compliance issues.

Accessing and Correcting Your Information

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You can request to access, correct or delete any personal information that you have provided to us by contacting us at the email or address below. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Acceptance of Privacy Terms

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By using this website, you are hereby accepting the terms stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms, then you should refrain from further use of our websites. In addition, your continued use of our website following the posting of any updates or changes to our terms shall mean that you agree and acceptance of such changes.

How to Contact Us

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To ask questions, comment or concerns regarding this Privacy Policy Agreement related to our website and our privacy practices, please feel free to contact us at the following email or mailing address: info@kwaredesign.com

KWARE DESIGN, LLC
PO BOX 242052
MGM, AL 36124