1. Who We Are and What We Do

At Kount Inc. (“Kount”), we provide fraud prevention and related services based on information provided to Kount by merchants around the world. Kount is committed to maintaining the privacy of Personal Information (defined in Section 2) that you provide to us when using any of our online services. This Privacy Policy describes Kount’s information collection practices with respect to Personal Information, the kinds of information we collect, how we use and share that information, and the options you have with respect to the information we Process via Kount.com, Kount.net and/or Kount services linked to Kount.com (collectively, “Websites”).

2. Scope

This Privacy Policy applies to Personal Information Processed by us and our subsidiaries in connection with providing you our Services. “Personal Information” or “Personal Data” means information that (i) relates to you and (ii) can – either on its own or in combination with other information – identify you as an individual. Personal Information does not include data that has been de-identified or aggregated such that you can no longer be identified. “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

3. Personal Information We Collect

(a) Information You Provide to Us

  • Web Form Information. When you submit information to Kount, we may collect Personal Information from you that may include your name, address, and email address. We do not knowingly collect Personal Information from persons under the age of 18.
  • Transactional Information. We and our third-party service providers may Process Customer financial and payment card information in order to facilitate a transaction that a Customer requests.
  • Communications with Us. We may collect Personal Information from you such as email address, phone number, or mailing address when you request information about our Services, request Customer or technical support, or otherwise communicate with us.
  • Interactive Features. We may offer interactive features such as chat services, forums, and social media pages. We may collect the information you submit or make available through these features. Any content you provide on the public sections of these channels will be considered “public” and will not be subject to the privacy protections referenced herein.
  • Conferences and Trade Shows. We may attend conferences and trade shows where we collect Personal Information from Individuals who interact with or express an interest in Kount and/or the Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.

(b) Information We Collect from You

  • Web Site Usage Information. We automatically collect IP addresses and web site usage information from you when you access any of our online services. This information helps us evaluate how our visitors and subscribers use and navigate our web sites on an aggregate basis, including but not limited to the number and frequency of visitors and subscribers to each web page, and the length of their visits.
  • Information collected via Cookies. We define a cookie as any string of data that is automatically stored on your computer upon access to our online services. Kount employs cookies to assign temporary identification numbers to machines that access our web servers. This information enables us to deliver faster service to our subscribers, prevent denial of service attacks on our systems, and detect and prevent fraudulent transactions. All Kount cookies are:
    • Of limited duration
    • Less than 5KB in length
    • Only visible to Kount web servers
4. Kount’s Legal Basis for Collecting Your Information

We will collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, where we have a legal obligation to do so or where the processing is in our legitimate interests, and not overridden by your data protection interests or fundamental rights and freedoms.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the time of collection. We will also tell you whether the requirement for that information is mandatory and explain any consequences to you if you do not provide the information.

Similarly, if we collect and use your Personal Information based on our legitimate interests (or those of any third party), we will take reasonable steps to provide clear notice and describe our legitimate interests.

Kount acts as a data controller of all Personal Information collected on its Websites. Kount acts as a data processor with respect to the Services that Kount provides for its business partners.

5. How We Use Information Collected

We may use information in the following ways:

  • For the purposes you specifically provided the information including, for example, enabling us to respond to your questions about our products and services.
  • To register you as a client and establish an account for you.
  • To send you email notifications about our new or existing Kount products and services, special offers, or to otherwise contact you.
  • To enhance existing features or develop new features, products, and services.
  • To provide advertisers and other third parties with aggregate information about our user base and usage patterns.
  • To allow us to personalize the content and advertising that you and others see based on personal characteristics or preferences.
  • To detect and prevent fraudulent transactions.
  • To answer requests for client or technical support.
  • To process your financial information and other payment methods for Services purchased.
  • To enforce our Terms of Use.
6. Disclosures to Protect Us or Others.

Except as specifically set forth in this Privacy Policy, we will not share your Personal Information outside of Kount. Note that we do not use, rent, or sell any Personal Information for purposes materially different from those for which it was originally provided. If this practice should change in the future, we will provide individuals with prior notice and instruct them as to how they can exercise their right to opt-out or opt-in, as applicable. We may disclose and use Personal Information in special circumstances where it is necessary to enforce our service agreements or terms of use (for example to protect our intellectual property rights). We may also disclose or use your Personal Information when we, in good faith, believe that the law may require us to do so. Please be aware that Kount may be required to disclose an individual’s Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

7. Service Providers, Business Partners and Others

Kount may employ third party companies and individuals (‘sub-processors’) to facilitate our service, to provide the service on our behalf, to perform Site-related services (including but not limited to maintenance services, database management, web analytics and improvement of our web sites’ features) or to assist us in analyzing how our web sites and services are used. Kount is committed to partnering with sub-processors that meet or exceed the privacy and security obligations Kount is committed to providing to its clients. These sub-processors have access to your Personal Information only for purposes of performing these tasks on our behalf. The names and locations of Kount’s sub-processors is available here.

We may provide relevant Personal Information to business partners, including cookie identifiers and IP addresses to provide you with a product or service you have requested. We may also provide this Personal Information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.

8. Business Transfers

Kount may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

9. Your Choices
  • (a) General. You have the right to object to or opt out of certain uses of your Personal Information. Where you have consented to the Processing of your Personal Information, you may withdraw that consent at any time by contacting us at privacy@kount.com.
  • (b) Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Use or this Privacy Policy).
Access, Rectification, Erasure, and Restriction.

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are Processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly Processed Personal Information; and (vi) request erasure of Personal Information held about you by Kount, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us at:

privacy@kount.com
or
EU Privacy Mailbox
1005 W. Main St, Boise, ID 83702.

We will process such requests in accordance with applicable laws. To protect your privacy, Kount will take steps to verify your identity before fulfilling your request.

10. Security

The Personal Information we collect about you is stored in limited access servers. We maintain safeguards to protect the security of these servers and your Personal Information. We retain Personal Information only as long as necessary to complete a purchase, thwart fraud, provide customer service, or maintain your account with us.

11. International Data Transfers.

You agree that all information Processed by us may be transferred, Processed, and stored anywhere in the world, including but not limited to, the European Union, the United States or other countries. Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers.

12. Supervisory Authority.

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our Processing of your Personal Information violates applicable law.

13. EU-US and Swiss-US Privacy Shield Frameworks.

Kount complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union and Switzerland to the United States, respectively. Kount has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Kount is a “processor” of personal data as defined in Article 4(8) of the General Data Protection Regulation (EU) 2016/679. Kount provides processing services in the US for its European Union and Swiss business partners (“EU and Swiss Business Partners”) which include merchants and financial institutions and other applicable businesses. Kount also provides processing for US based business partners. We act as a data processor and data importer on behalf of our EU and Swiss Business Partners, and accordingly we follow the instructions provided by each Business Partner with regard to the collection, processing and protection of personal data provided to us by each such Business Partner. Each Business Partner acts as the data controller and data exporter for any personal data within its control. EU and Swiss individuals should contact the applicable Business Partner with questions regarding the collection of their personal data.

In compliance with the EU-US and Swiss-US Privacy Shield Principles (“the Principles”), Kount commits to resolve questions and complaints about your privacy and our collection or use of your personal data. EU and Swiss individuals with inquiries or complaints regarding this Privacy Policy and/or the types of data Kount collects, should contact Kount at privacy@kount.com. Please note that Kount acts as a data processor and the majority of the data Kount processes is anonymous. In instances of onward transfers, Kount has the responsibility for processing personal data that is not anonymized in accordance with the Principles and subsequent transfers to third parties that may act on Kount’s behalf. Kount will remain liable under the Principles if its third-party agents process such non-anonymized personal data in a manner inconsistent with the Principles unless we can prove we were not a party to the events giving rise to the damages. Kount acknowledges the right of EU and Swiss individuals to access their personal data pursuant to the Privacy Shield Frameworks. Any personal data that Kount collects that is not anonymous is available for European Union individuals to access upon request for correction or deletion.

Written correspondence may be sent to:
EU Privacy Mailbox
1005 W Main St, Boise, Idaho 83702

Kount has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. As a last resort, and in limited situations, European Union and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism. Kount is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

14. Children’s Information.

The Site and Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect Personal Information from children. If you learn that your child has provided us with Personal Information without your consent, you may contact us at privacy@kount.com. If we learn that we have collected any Personal Information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.

15. Changes to Our Privacy Policy.

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

16. Contact Us.

If you have any questions about our privacy practices or this Privacy Policy or if you wish to submit a request to exercise your rights as detailed in this policy, please contact us at privacy@kount.com.