This Privacy Policy governs the collection and use of personal information relating to potential and existing users of Tyke (hereafter referred to as "We"), its associates and their software products and solutions like SDKs, APIs, mobile apps, web apps and websites and other services.

We are committed to abiding by this User Privacy Policy, as well as the requirements of applicable laws, in the operation of its business. Please read this policy carefully as it explains the kinds of personal information we collect about you and how it is handled. By your continued use of our services (including our software products or solutions or apps and web sites), you consent to the collection and use of your personal information for the purposes set out in this Privacy Policy.

If you have a separate written agreement with KubeSense, this will not apply to you. Please refer to your organization specific agreement that includes the “terms of service” and “privacy policy”.

Collection and Use of Personal Information

We will generally let you know at the time of collection how we intend to use your personal information. Usually, we collect personal information about you which we require in order to respond to your inquiries for the provision of goods and services to you through our software products & solutions, apps and websites. We also process your personal information where we are required to do so by law, and for the exercise or deference of legal claims. From time to time, we may contact you for research purposes, or to tell you about our special offers and other services in accordance with your contact preferences. Where appropriate, we will obtain your consent to do so. Personal information collected from you may include your name, company, role, postal address, email address, landline or mobile telephone number as well as other non-sensitive personal information. If you use our software products & solutions or apps or web sites, we may also collect information about you or your computer when you browse to allow you to use the services available.

Website Usage, Cookies and Web Beacons

If you are using our web sites or apps or other software products and services, we will use your personal information (now or later as may be required) to help you to log on to your account and into restricted areas of our software products or apps or web sites and to permit future use of the products or apps or web sites. We may use your IP address to help diagnose problems with our server, or to administer our web sites. We may conduct analyses of user traffic to measure the use of our sites and to improve the content of our web sites and our services. These analyses will be performed through the use of IP addresses and cookies. We may also use cookies to enable the signing in process after you have registered with us and to provide you with more tailored information when you return to our apps or web sites. A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you reject the use of cookies please note that the efficient operation of the software products or apps or websites that you are using may be affected.

Third Party

We will only disclose personal information about you internally and to third parties for processing purposes associated with the supply of goods and services, for mobile app or web site administration, or elsewhere when you have consented to such disclosures, or where such disclosures are required or permitted by law. These third parties are contractually bound only to use personal information to perform the services that we hire them to provide.

Security of Personal Information

We use administrative, technical and physical measures to safeguard personal information against loss, theft and unauthorized uses, access or modifications. Payments made (if any) via our software products or mobile apps or web sites are processed in a secure environment. We take steps to regularly validate the personal information we hold to ensure that the information is accurate and, where necessary, up to date. Information that is no longer required for any valid business purpose, and that we are not required to keep pursuant to any applicable law, will be routinely destroyed by secure means.

Children Information

Adding additional protection for children while using the internet is one of our biggest priorities. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. We do not knowingly collect any Personal Identifiable Information from children under the age of 14. If you think that your child provided such information on our apps or websites, we urge you to contact us immediately and we will ensure to promptly remove such information from our records and enforce additional measures to protect children and parents interests.

GDPR Compliance and Other Data Protection Acts Compliance

We are 100% GDPR compliant and abide by all the foundational guidelines to ensure we adapt to and comply with any other such data protection regulation of every country that we operate in if such a regulation exists or whenever such a regulation is enacted in the countries we operate. All the users of our systems and processes including mobile apps, web apps or websites and all other software that requires user personal information have the following privileges:

1. The right to access

Our systems and processes are built to fetch and share recorded personal data of the user upon request. We may or may not charge the user a small fee for such requests.

2. The right to rectification

Our systems and processes are built to rectify recorded personal data and complete any incomplete data of the user up on user’s request.

3. The right to erasure

Our systems and processes are built to erase recorded personal data upon user’s request under certain conditions and based on the region and country specific data retention regulations and guidelines that are applicable to us.

4. The right to restrict processing

Our systems and processes are built to restrict processing of user’s personal data under certain conditions and based on the region and country specific data processing regulations and guidelines that are applicable to us.

5. The right to object to processing

Our systems and processes are built to allow user’s decide and object processing of their personal data under certain conditions and based on the region and country specific data processing regulations and guidelines that are applicable to us.

6. The right to data portability

Our systems and processes are built to allow users to request transfer of data that we collected to another organization or directly to the user under certain conditions and based on the region and country specific data porting regulations and guidelines that are applicable to us.

If a user makes any requests like the ones mentioned above, we shall work and respond to the user within the appropriate timeline as recommended in the applicable data protection framework and GDPR in specific. Users may write to us using contact us form for such requests.

Changes to Privacy Policy

We reserve the right to add to or amend this privacy policy at our sole discretion, without prior notice to you. Please review our privacy policy on a regular basis to make sure you have read the latest version and you understand what we do with your personal information. Your continued use of our services through our software products or mobile apps or our web sites following the posting of changes to these terms means that you consent to those changes.

Limitation of Liability

In no event shall Tyke (including its associated mobile apps and websites) uses, its Licensors, Suppliers or Affiliates be liable to you or any third party for any indirect, incidental, special or consequential damages resulting from the inability to use the software, service, graphics or other Content, including but not limited to loss of profits, even if Tyke has been advised of the possibility of such damages.

Furthermore, Tyke uses shall have no liability to you or any third party for any damage due to uploading or downloading from and to their app or website.

You hereby agree, at your expense and discretion, to indemnify, defend and hold Tyke uses harmless from and against any loss, cost, damages, liability and/or expense that arises from use of our service or products.

This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral unless there exists an exclusive one-to-one agreement with the party. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software (including mobile apps and websites) or Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.

Governing Law

These Terms shall be governed by the laws of the State of Delaware without regard to any conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts at Wilmington, Delaware. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules (“AAA Rules”), and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language of the arbitration shall be English. The dispute shall be resolved by a sole arbitrator who shall be appointed in accordance with the AAA Rules. The decision of the sole arbitrator shall be final and binding on the Parties.