Terms of Service
IMPORTANT -- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE Kutamo SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to the Kutamo service, website or mobile application (collectively, the "Service").
(collectively, the “Terms of Service” or “Agreement”).
These Terms of Service are a legal agreement between You and Kutamo Pty. Ltd. (“Kutamo”), an Australian company, for use of the Kutamo service. "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, do not use the Service. Kutamo reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
DESCRIPTION OF SERVICE
The Service includes, and is limited to, a service, website, or mobile application that allows You access to and use of a single Kutamo Account. "Kutamo Studios" referred to herein means an online error logging and reporting tool.
The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms of Service, Kutamo grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
A "Kutamo Studios Account" or "Account" referred to herein means a service, website, or mobile application, provided by Kutamo Studios, where You may use Kutamo to create, update, share, and publish information, data, text, messages or other materials ("User Content").
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Kutamo, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Kutamo for use in accessing the Service. Kutamo will provide the Service in accordance with this Agreement. Kutamo may at its sole discretion modify the features of the Service from time to time without prior notice.
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Kutamo with an electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Kutamo of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Kutamo cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Kutamo assumes no duty to verify such information as further detailed in the CONTENT OF THE SERVICE section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or Kutamo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kutamo has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service (and registering an Account on the Service), You represent and warrant that You are at least 13 years of age, and no one under the age of 13 may use the Service - except as set forth below under "Kids Under 13 and Kutamo". Kutamo may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.
KIDS UNDER 13 AND KUTAMO
Additional groupings of features may be added to the Service and made available to You as a paid upgrade ("Paid Plan"). If You choose to subscribe to a Paid Kutamo Studios Plan, You shall pay fees (described below) to Kutamo. Upon selection of a Paid Plan, You will provide Kutamo with the necessary billing information ("Billing Data").
Credit cards are the only payment mechanism Kutamo will accept for payment of a monthly or yearly subscription fee ("Subscription Fee") for a Paid Kutamo Studios Plan. All currency references are in U.S. dollars. Paid Kutamo Studios Plans can be paid as either a monthly Subscription Fee or a yearly Subscription Fee.
If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify Kutamo if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that Kutamo may continue charging You for any use of the Paid Plan under your Billing Data unless You have terminated Your Paid Plan as set forth herein.
If You select the Monthly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the anniversary day each Month of the date you first subscribed. For example, if you subscribed on the 3rd October, the next bill processing day will be 3rd November. You agree that Kutamo may charge to Your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation (see "Termination, Breach, Suspension and Cancellation" and "Refund"). If You select the Yearly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that Kutamo may charge to Your credit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account (see the "Termination, Breach, Suspension and Cancellation" and "Refund" sections of these Terms of Service). Kutamo will contact You via electronic mail to alert You upon each charge. Kutamo may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the Kutamo website and/or electronic mail. You agree that in the event Kutamo is unable to collect the fees owed to Kutamo for Your Account through Your Subscription Fee, Kutamo may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Kutamo in connection with such collection activity, including collection fees, court costs and attorneys' fees.
As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
If Your Subscription Fee payment is overdue, Kutamo will disable Your access to the features provided by the Paid Plan. Kutamo may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and Kutamo may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Kutamo may also withdraw and at its discretion reallocate the public web address of Your Account.
If You terminate Your Account, via means provided for cancellation on the Kutamo website, or via telephone call or electronic mail to Kutamo, and You request that Kutamo delete Your User Content and files contained in Your Account, Kutamo will make all reasonable efforts to do so.
Kutamo provides means for Account and Paid Plan cancellation on the Kutamo website. If You cancel Your Account within 90 calendar days of the date of sign up, and You request a refund, Kutamo will refund all payments You have made to Kutamo within the 90 calendar days prior to the cancellation and refund request.
PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS
Kutamo and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of Kutamo's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
Kutamo is a Trademark of Kutamo Pty. Ltd..
You acknowledge that the Service, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to Kutamo, its affiliates, suppliers and any other party authorized by Kutamo to resell, distribute, or promote the Service ("Resellers"), and under such circumstances Kutamo, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
Kutamo does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that Kutamo may store and display (only to You, to the extent that You make such User Content private) Your User Content solely as necessary in connection with the Service. To the extent You choose to share any of Your User Content with other users of the Service, You agree to allow these users (i.e., only the users you specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content.
You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Kutamo, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. Kutamo does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
You understand that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Kutamo be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Kutamo does not pre-screen User Content, but that Kutamo and its designees shall have the right (but not the obligation) in their sole discretion to refuse, modify or move any Content that is available via the Service. Without limiting the foregoing, Kutamo and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by Kutamo or submitted to Kutamo. You acknowledge and agree that Kutamo may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of Kutamo, its users and the public.
If Kutamo discloses User Content to comply with legal process or respond to claims that any User Content violates the rights of third-parties, to the extent permitted by law, regulation or legal process, Kutamo agrees to provide You with prompt notice of any such legal or governmental demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
You understand that the technical processing and transmission of the Service, including Your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Kutamo's sole discretion as to what action should be taken. You agree that You will not:
(a) upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Kutamo official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
(e) upload, post or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", including but not limited to (a) sending mass email to recipients who haven't requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices.
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Kutamo determines, in its sole discretion, is inappropriate for sale through the Service provided by Kutamo;
(n) use the Account website as a redirecting/forwarding service to another website;
(o) exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people's comments or User Content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, Kutamo retains the right to terminate such account at any time without further warning.
GENERAL PRACTICES REGARDING USE AND STORAGE.
You agree that Kutamo has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that Kutamo may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Kutamo retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.
You agree that You will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on the Service (except for Your User Content), or create derivative works from our website (other than from Your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Kutamo or any other third party, except with the prior written consent of Kutamo or the appropriate third party.
CONTENT OF THE SERVICE.
Kutamo takes no responsibility for any third-party Content or User Content (including, without limitation,any viruses or other disabling features), nor does Kutamo have any obligation to monitor such third-party Content. Kutamo reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. Kutamo also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Kutamo, its users and the public. Kutamo will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
If Kutamo discloses such information to satisfy any applicable law, regulation, legal process or governmental request or to respond to user support requests, to the extent permitted by law, regulation or legal process, Kutamo agrees to provide You with prompt notice of any such demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
Your Kutamo profile page is public. This includes your name and any activity that you have had on (including without limitation any User Content that you have submitted to) public meetings.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
NO RESALE OF THE SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Kutamo.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) all of the information provided by You to Kutamo to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of You hereunder.
NO WARRANTIES OR REPRESENTATIONS BY Kutamo Pty. Ltd.
You understand and agree that the Service is provided "as is" and Kutamo, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Kutamo's servers. Kutamo, its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by Kutamo or its authorized representatives shall create a warranty or in any way increase the scope of Kutamo's obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Kutamo, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
You agree to indemnify, defend and hold harmless Kutamo, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.
MODIFICATIONS TO SERVICE
Kutamo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Kutamo shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Kutamo Software is intended or created by these Terms of Service.
LIMITATION OF LIABILITY
In no event will Kutamo or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Kutamo, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, Kutamo's, its affiliates', suppliers' and Resellers' maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
WAIVER AND SEVERABILITY
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Kutamo services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed under the laws of the State of Victoria, Australia, as applied to agreements entered into and to be performed in Australia by Australian residents.
ENTIRE AGREEMENT/GENERAL PROVISIONS
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Kutamo may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Kutamo upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Kutamo, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to Kutamo under this Agreement must be sent to the following electronic mail address for such purpose: support@Kutamo.com
Or the following physical address:
Kutamo Pty. Ltd.
PO Box 7319 Melbourne VIC 3004 Australia
Kutamo Studios is a commercial service and brand of Kutamo Pty. Ltd.
Kutamo is committed to respecting your privacy and the confidentiality of your personal information, traffic data and communications content.
What information does Kutamo collect and use?
Kutamo may gather and use information about you, including (but not limited to) information in the following categories:
- Identification information (e.g. name, company details, address, telephone number, mobile number, email address);
- Profile information (e.g. age, gender, country of residence, language preference and any information that you choose to make available to others as part of your Kutamo user profile as further described in Section 4);
- Electronic identification data (e.g. IP addresses, cookies);
- Information about your usage of and interaction with Kutamo software, products, and websites (including computer, platform, device and connection information, client performance information, error reports, device capability, bandwidth, statistics on page views, and traffic to and from our websites, browser type and Kutamo usage statistics);
- Products or services ordered and delivered;
- Correspondence between you and Kutamo or Kutamo Studios;
- Location information, derived from your mobile carrier or from the mobile device that you use.
- Mobile device information, such as manufacturer’s name, device model number, operating system, carrier network;
How does Kutamo use this information and for what purpose?
Our primary purpose in collecting information is to provide you with a safe, smooth, efficient, and customized experience. Kutamo collects and uses, or has third party service providers acting on Kutamo’s behalf collecting and using, personal information relating to you, as permitted or necessary to:
- change and customize Kutamo features and functionality;
- provide other services for you (as described when we collect the information);
- provide you with customer support and troubleshoot problems;
- compare information for accuracy;
- inform you about service updates and faults;
- request feedback or participation in on-line surveys;
- resolve disputes;
- verify your identity;
- record meeting usage statistics for us to analyse technical efficiency so we can create, customize, measure, and improve Kutamo Software and Websites;
- conduct market research including customer satisfaction surveys so we better understand how you want to use and pay for our Services and what new Services you’d like us to offer
- business planning
- organise and carry out Kutamo’s advertising, direct marketing or promotional operations/offers, contests, games and similar events from Kutamo and other businesses; and
- protect your and Kutamo’s interests, including in particular to enforce our Terms of Service
- prevent and fight against fraud.
Our disclosure of your personal information
Except as provided below, Kutamo will not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content outside of Kutamo and its controlled subsidiaries and affiliates without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities. Please note that information that you voluntarily make public in your user profile, or which you disclose on forums, discussions boards or by posting comments will be publicly available and viewable by others.
Kutamo may disclose personal information to respond to legal requirements, exercise our legal rights or defend against legal claims, to protect Kutamo’s interests, fight against fraud and to enforce our policies or to protect anyone's rights, property, or safety.
Information that is collected by or sent to Kutamo may be stored and processed in Australia and the United States or any other country in which Kutamo or its affiliates, subsidiaries, or service providers maintain facilities. In this regard, or for purposes of sharing or disclosing data in accordance with this clause Kutamo reserves the right to transfer information outside of your country. By using Kutamo software, Kutamo's websites or Kutamo services you consent to any such transfer of information outside of your country
We will also disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
Kutamo may disclose Personal Information to avoid an imminent threat to a person's life or to public safety.
Linked websites and third party applications
If you use any extras, plug-ins or third party applications together with the Kutamo software or use any third party applications or products that incorporate or embed the Kutamo software (“Applications”), the provider of such Applications may obtain access to certain personal information about you. Kutamo does not and cannot control how the provider of Applications may use any personal information connected in connection with such Applications. Please ensure that you review any privacy policies or other terms applicable to the use of such Application before installation.
Your user profile
Your user profile is the information provided by you at registration or later which is displayed in your personal details page. It may include your Kutamo username, full name, address, telephone and mobile numbers, gender, date of birth, country, language, “about me” page URL, and any other information that you decide to make available. You can access your user profile from the “Account” menu in the Kutamo portal to view, correct or complete information, remove non-mandatory information; and to see the privacy settings associated with your profile information.
How does Kutamo protect your personal information?
Kutamo will take appropriate organizational and technical measures to protect the personal information and traffic data provided to or collected by it in compliance with the relevant Australian legislation, such as the Privacy Act 1988, as amended. Your personal and traffic data can only be accessed by authorised employees of Kutamo or its partners, subsidiaries or service providers who need to have access to this data in order to be able to participate in providing you with the Kutamo Services.
Kutamo may use automated scanning within Instant Messages and SMS to (a) identify suspected spam and/or (b) identify URLs that have been previously flagged as spam, fraud, or phishing links. In limited instances, Kutamo may capture and manually review instant messages or SMS in connection with Spam prevention efforts. Kutamo may, in its sole discretion, block or prevent delivery of suspected Spam, and remove suspicious links from messages.
Kutamo may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you take part in is used for the purposes of reviewing this feedback and improving the Kutamo software, and other Kutamo services and websites.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Kutamo, you may not opt out of receiving these communications.
Kutamo may contact you to send you messages about faults and service issues. Further, Kutamo reserves the right to use email, the Kutamo software or SMS to notify you of any eventual claims related to your use of Kutamo software, the Kutamo websites and/or Kutamo products, including without limitation claims of violation of third party rights.
Kutamo may send you alerts by email or SMS to notify you when someone has tried to contact you. Kutamo may also use email, SMS or the Kutamo software to keep you up to date with news about the Kutamo software and Kutamo services that you have purchased and/or to inform you about other Kutamo services or other Kutamo related information. You can opt-out of the receipt of alerts and/or promotional (a) emails by clicking the ‘unsubscribe’ link on the email that you receive or by changing your Email Notification Settings in your Account section.
If you have registered for or use co-branded Kutamo services, the emails or SMS that you receive may be from our partner company, acting on Kutamo’s behalf.
Kutamo will never ask you to supply personal information by email. If there are problems with your billing or Account we will contact you and request you log into the secure Kutamo portal. If you ever receive SPAM email asking you to provide any personal information of any kind outside Kutamo disregard and delete this correspondence as it is not from us.
How can you access or amend your personal information?
You have the right to access and, where relevant, to amend or correct your personal information. Some of your information may be viewed or edited online by signing into Kutamo. We will respond to requests to view, correct, complete or remove your personal information within a reasonable period of time and upon verification of your identity. Where you are a subsidiary user of a business account and you do not have authority to edit your profile, we will provide you with details of your Account Administrator who can make those changes on your behalf.
Kutamo will use all reasonable endeavours to accommodate requests to delete personal information unless it is required to be retained by law or for lawful business purposes. However, please note that due to the technical nature of the peer to peer network, it can sometimes take up to two weeks before your Kutamo ID disappears completely from the peer to peer network. Your details may still appear in the search directory during this time.
You can use the personal login details to view all your personal information online. Inside Kutamo you can opt in or opt out of communications on various topics by email and/or SMS. You can view and delete your call and webinar recordings. You can also view your usage statistics and graphs.
How long is your personal information kept by Kutamo?
Kutamo will retain your information for as long as is necessary to: (1) fulfill any of the purposes (such as those noted in paragraph or (2) comply with applicable legislation, regulatory requests and relevant orders from any courts or tribunal.
Retention of Instant Messages, Audio Calls, and Video Calls
Your instant messaging (IM), audio and video content (collectively “messages”) may be stored by Kutamo (a) to convey and synchronize your messages and (b) to enable you to retrieve the messages and history where possible. Depending on the message type, messages are generally stored by Kutamo for a between 30 and 90 days unless otherwise permitted or required by law. This storage facilitates delivery of messages when a user is offline and to help sync messages between user devices.
Kutamo will take appropriate technical and security measures to protect your information. By using Kutamo services, you consent to the storage of your SMS, instant messages, voicemails, collaboration or screen sharing, documents, files and video communications as described above.
How you can contact Kutamo
To contact Kutamo in relation to the Kutamo software or services, please contact us. You can write to us at: Privacy Officer, Kutamo Pty Ltd, PO Box 7319, Melbourne VIC 3004, Australia.
© 2017 Kutamo Pty Ltd