Privacy Policy and TOS

 

Kontagent Policies and Terms of Use

At Kontagent, we recognize that privacy and data policies are extremely important both to our customers and also users. As such, we work extremely diligently to ensure that our data policies are in strict compliance with the policies of the platforms from which we are collecting data. We also want to ensure that your data privacy as a developer is maintained as well. We strive to be as transparent about our data policies as possible.

Definitions

“Aggregated non-personal information” is information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user.

"Anonymous Data" is information from which the identify of the originating application and Customer that collected the data cannot be identified and includes but is not limited to aggregated data.

"Application server" is the server where the developers are hosting their applications.

"Customer" is the developer or the users that are using the application.

"Customer Data" is the data that you, the developer, sends to us.

"Facebook User Data" is data that the end-user enters explicitly into their Facebook profile. Facebook User Data Does not include Social Behavioral Data.

"Monetization Data" is data that directly quantifies the amount of revenue generated from an end-user via a Customer application.

"Servers" are the servers hosted by Kontagent.

"Social Platform" are platforms such as Facebook, Myspace and Opensocial.

"Social Behavioral Data" is data collected concerning interactions on a Social Platform including but not limited to interactions by a user with other users.

"User" is the end user who is the one using the application

"User Behavioral Data" is data collected concerning a user's activities on a Social Platform, including but not limited to interactions with applications, that do not involve interacting with another user.

Kontagent Data Policies

Information We Collect and How We Use It

In order to provide you with the full range of services, we collect the following information:

1. Social application data - Data passed from your server to our server. This data includes messaging channel data (for Facebook, this includes invites, notifications, feeds, etc.) which is user-to-user interaction data.

2. Custom data - Including but not limited to page views, custom event and monetization data.

3. Cookies - Data stored in the user's cookie that allows us to determine the state of data we've collected.

4. Location data - IP information from the end users used to determine the location of the user.

Kontagent will use the data to provide you with:

1. The dashboard metrics and insights

2. Benchmarking information for select plans

Customer Data Privacy

We respect the sensitive nature of the Customer Data that we are collecting. Each Customer's Customer Data, separated by application, will be housed in it's own sandbox, so there are no common storage structures between each Customer's Customer Application Data to be used for providing analytics. We will not give away or sell any Facebook User Data. Any Social Behavioral Data or User Behavioral Data that is exposed beyond the sandbox of the Customer will be used in an anonymous fashion whereby it is not possible to identify the originating application and Customer that collected the data.

Kontagent employees, may, on occasion look at customer data for test purposes.

Information Sharing

We may share with third parties Anonymous Data derived from data including your Customer Data. Kontagent may use Anonymous Data, with the exception of Facebook User Data to provide custom content and advertising targeting. By accepting this Agreement and appointing Kontagent your agent you acknowledge that you understand and agree that Kontagent may obtain profit from the sharing of Anonymous Data derived from data including your Customer Data

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of Customer Data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to Kontagent employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data Integrity

Data integrity is extremely important to Kontagent. As such, it is number one priority that we provide our customers with the the most accurate data possible. There may be situations that are beyond our control, but we take reasonable steps to ensure uptime of our servers, processing, storage and backup of collected data.

Data Storage

All Customer Data will be stored on 3rd party servers leased to Kontagent by the 3rd party server provider. In the circumstance that the we change this policy, Customers will be notified 30 (thirty) days prior to the change and will have the option to access the data that will be removed.

Terms of Service

The following are the terms and conditions for use of the Kontagent Analytics service described herein (the "Service") between Kontagent and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). Please read them carefully. BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

AGENT TO THE CUSTOMER. Upon signing up with Kontagent, Kontagent becomes an agent to the Customer. This means that Kontagent is acting on behalf of and at the Customer's direction in storing Customer Data on behalf of the Customer.

FEES AND PAYMENTS. Kontagent may change its fees and payment policies for the Service from time to time including but not limited to the addition of costs for premium tools or other fees charged to Kontagent or its wholly-owned subsidiaries by 3rd party vendors for the inclusion of data in the Service reports. The changes to the fees or payment policies are effective upon Your acceptance of such changes which will be posted at www.kontagent.com (or such other URL Kontagent may provide from time to time). Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys' fees) incurred by Kontagent will be included in the amount owed.

INFORMATION RIGHTS AND COLLECTION. By agreeing to use the Service you understand that Kontagent will collect and share Customer Data in accordance with the Kontagent Data Policies. Upon termination of the Service, Kontagent will delete your Customer Data upon request and will make said data available for download within 30 days of termination. However, Kontagent has the right to retain Anonymous Data derived from data including your Customer Data and this right shall survive Your termination of this Agreement.

USE OF DATA PROVIDED TO YOU BY KONTAGENT. The Customer Data that Kontagent collects on your behalf including Monetization Data is your data. Aggregated data derived only from your Customer Data and provided by the Kontagent dashboard is also your data. Any Anonymous Data provided to you by Kontagent is the confidential proprietary information of Kontagent. By using the Services you agree that Kontagent will be irreparably harmed by the sharing or publication of Kontagent's proprietary confidential information including Anonymous Data provided to you by Kontagent. Your obligations with respect to Kontagent's confidential proprietary information shall survive the the termination of this Agreement.

REGISTRATION. To register for the Service, you must complete the registration process at http://www.kontagent.com/dashboard/user_sign_up/ by providing Kontagent with current, complete and accurate information. You shall protect your passwords and take full responsibility for your accounts for the Service. You are solely responsible for any and all activities that occur under your account. You agree to notify Kontagent immediately upon learning of any unauthorized use of your account or any other breach of security.

INDEMNIFICATION. You agree to indemnify, hold harmless and defend Kontagent and its wholly owned subsidiaries, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against Kontagent or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Kontagent or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Kontagent's actions on Your behalf as Your agent including the collection of data on Your behalf, (ii) Your breach of any term or condition of this Agreement, (iii) Your use of the Service, (iv) Your violations of applicable laws, rules or regulations in connection with the Service, or (v) Your Brand Features. In such a case, Kontagent will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Kontagent reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. Your indemnification of Kontagent shall survive the termination of this Agreement.

THIRD PARTIES. If you use the Service on behalf of any third party, you represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, that third party. You shall ensure that each third party is bound by and abides by the terms of this Agreement. You agree to indemnify, hold harmless and defend Kontagent and its parents, subsidiaries, affiliates, officers and employees , at your expense, against any and all third-party claims, actions, proceedings, and suitsand all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Kontagent, arising out of or relating to (a) any representations and warranties made by you concerning any aspect of the Service; (b) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the Service; (c) violations of your obligations of privacy to any third party; and (d) any claims with respect to acts or omissions of third parties in connection with the Service.

SERVICE LEVELS. Kontagent does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Kontagent's (or its wholly owned subsidiaries') control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Kontagent (or its wholly owned subsidiaries) or Your servers are located or co-located. Complete accuracy in all aspects of Your Statistics at all times also is not guaranteed.

MODIFICATIONS TO THE TERMS OF SERVICE. Kontagent reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.kontagent.com (or such other URL as Kontagent may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Kontagent, (ii) You accept updated terms online, or (iii) You continue to use the Service after Kontagent has posted updates to the Agreement or to any policy governing the Service.

WARRANTIES. By using the Services and in appointing Kontagent as your agent, You represent and warrant that the data provided by You to Kontagent is compliant with the provisions of the Facebook Terms of Service and that the data is collected from end-users that have agreed to the Facebook Terms of Service.

TERMINATION. Either party to the Agreement may terminate it at any time and for any reason.