Privacy Policy

1. Scope of Privacy Policy

This privacy policy only applies to information/data (“Data”) which KestrelPro collects through and on its website, mobile application, web app and services on which the subscriber/user accesses KestrelPro’s services. KestrelPro’s website and mobile application also contains links to trusted and bona fide third- party websites and/or mobile application which KestrelPro does not own or manage in any manner. Please note KestrelPro is not responsible for the privacy practices of these other third-party websites and/or mobile application. When the subscriber/user leaves our website or mobile application, KestrelPro encourages the subscriber/user to be aware of and read the privacy statements/privacy policy of each and every website and/or mobile application that collects personal information/data. You agree that your use of KestrelPro’s web application and mobile application being seamless and intuitive and/or any other interface (collectively referred to as the “Platform”) implies your consent to the collection and use of your information in accordance with the terms of this privacy policy.

This Privacy Policy applies to the use of our Platform, including programs and events operated by KestrelPro, that refer or link to this privacy policy for any information or services. This privacy policy may be supplemented by additional privacy statements, terms or notices provided to you. We reserve the right to change this Privacy Policy from time to time. We always indicate the date when the last changes were published. By continuing to access or use the Platform after those changes become effective, you agree to be bound by the revised Privacy Policy.

2. Collection of Information

When you use the *KestrelPro* Platform, we collect the information you provide, usage information, and information about your device. We also collect information about you from other sources, like third-party services and optional programs in which you participate, which we may combine with other information we have about you. Here are the types of information we collect about you:

A. Information You Provide to Us

Account Registration. When you create an account with *KestrelPro*, we collect the information you provide us, such as your name, email address, photo, physical address, and payment information. You may choose to share additional info with us during account registration.

Communications. When you contact us or we contact you, we collect any information that you provide, including the contents of the messages or attachments you send us.

B. Information We Collect When You Use the Platform

Website Visitor Information. *KestrelPro* collects basic non-personally identifying information from website visitors of the sort that web browsers and servers typically make available. This includes the browser type, language preference, referring site, and the date and time of each visitor request. We collect this information to better understand how visitors use the website, to improve our website and experience for visitors, and to monitor the security of the website.

Device Information. We collect information about the devices you use to access the *KestrelPro* Platform, including device model, IP address, version of operating system, identity of carrier and manufacturer, radio type (such as 4G), preferences and settings (such as preferred language), application installations, device identifiers, advertising identifiers, and push notification tokens.

Usage Information. We collect information about your use of the *KestrelPro* Platform, including the time you started work, the time your finished work, tasks or projects worked on, names of applications used on your computer, websites visited, and screenshots of your desktop screen. We also collect information about your interactions with the *KestrelPro* Platform, including the pages and content you view and the dates and times of your use.

The *KestrelPro* desktop app records the number of keystrokes and mouse movements you make. It does NOT record where you click on the screen, and it does NOT record what you type. It is not a keystroke-logging application.

Cookies, Analytics, and Third Party Technologies. We collect information through the use of “cookies,” tracking pixels, data analytics tools like Google Analytics, SDKs, and other third-party technologies to understand how you navigate through the *KestrelPro* Platform and interact with *KestrelPro* advertisements. We use this information to learn what content is popular, to improve your site experience, and to save your preferences.

Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser to help provide and enhance our services and tailor content and ads. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the *KestrelPro* Platform.

*KestrelPro* visitors who do not wish to have cookies placed on their computers may set their browsers to refuse cookies before using the website. Disabling browser cookies may cause certain features of the website to not function properly. KestrelPro does not store personally identifiable information in the cookies. Further, KestrelPro does not exercise control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which KestrelPro is not responsible or liable. KestrelPro encourages you to read the privacy policies of all external sites.

For more information on what cookies are used, visit our Cookie Notice.

C. Information We Collect from Third Parties

Third-Party Services. Third-party services provide us with information needed for core aspects of the *KestrelPro* Platform. These third-party services include financial service providers, marketing providers, and other businesses. We obtain the following information about you from these third-party services:

  • Financial information, such as payment, transaction, and fraud detection information;
  • Information about you is provided by marketing services, such as demographic and market segment information.

Enterprise Programs. If you use *KestrelPro* through your employer or other organization, we will collect information about you from those parties, such as your name and contact information.

3. How We Use Your Information

Providing the *KestrelPro* Platform. We use your personal information to provide an intuitive, useful, efficient, and worthwhile experience on our platform. We use the personal information we collect only in compliance with this privacy policy. In addition to the uses identified elsewhere in this Privacy Policy, we may use your personal information to:

  • Verify your identity and maintain your account, settings, and preferences;
  • Process payments;
  • Communicate with you about your experience;
  • To administer a contest, promotion, survey or other site feature;
  • Facilitate additional services and programs with third parties; and
  • Operate our Platform and provide information on your work activity.

Maintaining the Security and Safety of the *KestrelPro* Platform and its Users. We use your personal information to:

  • Authenticate users;
  • Find and prevent fraud; and
  • Block and remove unsafe or fraudulent users from the Platform.

Providing Customer Support. We use your personal information to:

  • Improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
  • Investigate and assist you in resolving questions or issues you have regarding the Platform; and
  • Provide you support or respond to you.

Improving the *KestrelPro* Platform. We use your personal information to:

  • Improve our website (we continually strive to improve our website offerings based on the information based on the information and feedback we receive from you);
  • Perform research, testing, and analysis;
  • Develop new products, features, partnerships, and services;
  • Prevent, find, and resolve software or hardware bugs and issues; and
  • Monitor and improve our operations and processes, including security practices, algorithms, and other modelling.

Responding to Legal Proceedings and Requirements. Sometimes the law, government entities, or other regulatory bodies impose demands and obligations on us with respect to the services we seek to provide. In such a circumstance, we may use your personal information to respond to those demands or obligations.

4. How We Share Your Information

We do not sell your personal information. To make the *KestrelPro* Platform work, we may need to share your personal information with other users, third parties, and service providers. This section explains when and why we share your information.

A. Sharing Between *KestrelPro* Users

Your Company and Managers. The website and app usage information that we collect is shared with your company admin, your manager(s) as designated by your company admin, and yourself. Website and application monitoring is active for all users of the system when they are actively tracking time. Screenshot monitoring can be individually activated or deactivated by your company admin for all or some members of your team.

B. Sharing With Third-Party Service Providers for Business Purposes

Depending on if you are an admin or user, *KestrelPro* may share the following categories of your personal information for business purposes:

  • Personal identifiers, such as your name, address, email address, and phone number;
  • Financial information, such as bank routing numbers, tax information, and any other payment information you provide us;
  • Commercial information, such as feedback and transaction history;
  • Internet or other electronic network activity information, such as your IP address, type of browser, version of operating system, carrier and/or manufacturer, device identifiers, and mobile advertising identifiers.

We disclose those categories of personal information to service providers to fulfill the following business purposes:

  • Maintaining and servicing your account;
  • Processing or fulfilling orders;
  • Providing customer service;
  • Verifying the identity of users;
  • Detecting and preventing fraud;
  • Providing marketing and advertising services to *KestrelPro*;
  • Providing financing;
  • Providing analytics services to *KestrelPro*; and
  • Undertaking internal research to develop the *KestrelPro* Platform.

C. For Legal Reasons and to Protect the *KestrelPro* Platform

We may be required to process personal information for legal and compliance reasons, such as the prevention, detection, or investigation of a crime, loss prevention or prevention of fraud. We may also use Personal Information to meet our internal and external audit requirements and for information security purposes. We may share your personal information in response to a legal obligation, or if we have determined that sharing your personal information is reasonably necessary or appropriate to:

  • Comply with any applicable federal, state, or local law or regulation, civil, criminal or regulatory inquiry, investigation or legal process, or enforceable governmental request;
  • Respond to a legal process (such as a search warrant, subpoena, summons, or court order);
  • Enforce our Terms of Service;
  • Cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local law; or
  • Exercise or defend legal claims, protect against harm to our rights, property, interests, or safety or the rights, property, interests, or safety of you, third parties, or the public as required or permitted by law.

D. In Connection with the Sale or Merger

We may share your personal information while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.

E. Upon Your Further Direction

With your permission or upon your direction, we may disclose your personal information to interact with a third party or for other purposes.

5. How We Store and Protect Your Information

We retain your information for as long as necessary to provide you and our other users the *KestrelPro* Platform or for as long as you maintain an account or as needed to provide the service(s) or as necessary to comply with our legal obligations, maintain accurate financial and other records, resolve disputes, and enforce our agreements. We retain transactional information for at least 6 months to ensure we can perform legitimate business functions, such as accounting for tax obligations. If you request account deletion, we will delete your information as set forth in the “Deleting Your Account” section below.

We take reasonable and appropriate measures designed to protect your personal information. These include:

  • Encrypted data transfer (HTTPS)
  • Email verification
  • A strong password management policy
  • Internal system logging
  • Network and overall infrastructure security
  • Physical security
  • Two-factor authentication (2FA)
  • We will retain your information for no longer than necessary, taking into account the following:the purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future);
  • whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);
  • whether we have any legal basis to continue to process your information (such as your consent);
  • how valuable your information is (both now and in the future);
  • any relevant agreed industry practices on how long information should be retained;
  • the levels of risk, cost, and liability involved with us continuing to hold the information;
  • how hard it is to ensure that the information can be kept up to date and accurate; and
  • any relevant surrounding circumstances (such as the nature and status of our relationship with you); and the time period your account remains active.

6. International Transfer of Personal Information:

To facilitate our global operations, we may transfer and access your personal information across geographical borders to our subsidiaries or affiliates or service providers working on our behalf in other countries with different data protection laws that may not be on par with that of the origin country. A transfer of personal information has a broad meaning and occurs when information is communicated, moved, accessed, or otherwise sent to another country. This Privacy Policy shall apply even if we transfer Personal Information to countries outside your country.

To the extent that it may be necessary, and solely for the purposes of providing the service available on the website to you, we may disclose to such third party any of your Personal Information that may be necessary for the procurement of services from the third party.

In cases where personal information would need to be transferred outside of a country where KestrelPro operates, towards other jurisdictions, specific requirements may apply for such transfer to be allowed. We may also transfer personal information to a third party located outside your country of origin without having to implement the above measures if you have given consent to us for the transfer of your personal information. You acknowledge that some countries where we may transfer your personal information may not have data protection laws that are as stringent as the laws of your own country. You acknowledge that it is adequate that when KestrelPro transfers your personal information to any other entity within or outside your country of residence. KestrelPro will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

7. Your Rights and Choices Regarding Your Data

*KestrelPro* provides ways for you to access and delete your personal information as well as exercise other data rights that give you certain control over your personal information.

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails by clicking unsubscribe in those messages. We will still send you transactional and relational emails about your use of the *KestrelPro* Platform.

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Platform.

Profile Information. You can review and edit your profile by logging in to your account settings and profile.

Location Information. You can prevent your device from sharing location information through your device’s system settings.

Cookie Tracking. You can modify your cookie settings on your browser, but if you delete or choose not to accept our cookies, you may lose certain features of the Platform.

Do Not Track. “Do Not Track” is a privacy preference you can set in your browser if you do not want online services to collect and share certain kinds of information about your online activity from third-party tracking services.

Deleting Your Account. If you would like to delete your *KestrelPro* account, please speak with your company administrator. In some cases, we will be unable to delete your account, such as if there is an issue with your account related to an ongoing legal dispute or fraud. When we delete your account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. For example, we may be obligated to retain your information as part of an open legal claim. When we retain such data, we do so in ways designed to prevent its use for other purposes.

8. Links to Third-Party Websites

The *KestrelPro* platform may contain links to third-party websites. Those websites may have privacy policies that differ from ours. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the said websites. We are not responsible for the privacy practices, nor do we accept any liability about the content of such websites including those of our group companies that have their own privacy policies tailored for the business practices and sectors in which they operate. We recommend that you review their policies. Please contact those websites directly if you have any questions about their privacy policies.

9. Security of Your Personal Information

The security of your Personal Information is important to us. We take reasonable precautions to safeguard your personal information against loss, theft and misuse and unauthorized access, disclosure, alteration and destruction through the use of appropriate technical and organizational measures.

While we will endeavour to take all reasonable and appropriate steps to keep secure any information which we hold about you and prevent unauthorized access, you acknowledge that the internet is not 100% secure and that we cannot provide any absolute assurance regarding the security of your Personal Information.


10. Responsibility with You

When you submit any personal information to us, you represent that you have the lawful right to submit the personal information and agree that you will not submit any information unless you are legally entitled to do so and that such personal information is true, complete, and accurate. You may not use a false email address or other identifying information to impersonate any person or entity, or otherwise mislead as to the origin of any content.

Any improper collection or misuse of personal information is in violation of this privacy policy and of the applicable terms and conditions of use. You agree not to misuse any personal information available on our website or to gather it or use robots or other automated scripts, codes, or functionalities to do so. We may immediately suspend or terminate your access to our website without notice if we become aware that you are in breach of applicable terms and conditions of use or of this Privacy Policy.

11. Changes to This Privacy Policy

We may update this policy from time to time as the *KestrelPro* Platform changes and privacy law evolves. If we update it, we will do so online, and if we make material changes, we will let you know through the *KestrelPro* Platform or by some other method of communication, like email. When you use *KestrelPro*, you are agreeing to the most recent terms of this policy.

12. Contact Us

If you have any questions or concerns about your privacy or anything in this policy, including if you need to access this policy in an alternative format, we encourage you to