Privacy Policy

Last Modified: 08/14/2023

OUR COMMITMENT TO YOUR PRIVACY

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available via a link on our homepage and throughout the site.

EU-U.S. AND SWISS-U.S. DATA PRIVACY FRAMEWORK PRINCIPLES

Kaizen Software complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Kaizen Software has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. Kaizen Software has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Kaizen Software is responsible for the processing of personal data it receives, under each Data Privacy Framework, and subsequently transfers to a third party acting as an agent on its behalf. Kaizen Software complies with the Data Privacy Framework for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

We do not sell personal data nor do we permit it to be used for reasons other than those for which it was originally provided. If this practice should change in the future, we will update this policy accordingly and provide individuals with opt-out or opt-in choice as appropriate.

With respect to personal data received or transferred pursuant to the Data Privacy Frameworks, Kaizen Software is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission (FTC). In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Kaizen Software is obligated to arbitrate claims and follow the terms as set forth in Annex I of the DPF Principles, provided that an individual has invoked binding arbitration by delivering notice to Kaizen Software and following the procedures and subject to conditions set forth in Annex I of Principles.

Individuals with inquiries regarding our Privacy Policy should first contact us at: privacy@kaizensoftware.com

In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Kaizen Software commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-data-privacy-framework for more information or to file a complaint. The services of JAMS are provided at no cost to you.

THE INFORMATION WE COLLECT

This notice applies to all information collected or submitted on the websites located at: www.kaizensoftware.com, www.kaizen-assets.com, www.kaizen-training-manager.com, and www.kzsoftware.com (the "Services") owned and operated by Kaizen Software Solutions, LLC (collectively "Kaizen Software", "we", "us", or "our"). On some pages, you can contact us to ask a question or provide feedback. The types of personal information collected on these pages are:

  • Your name
  • Your Email Address
  • Your message to us
  • Your IP Address

Individuals have the right of access to this data and may correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated. To exercise this right, individuals may contact privacy@kaizensoftware.com.

SUBPROCESSORS

In addition, some pages on our site link to external websites to place an order for a product or a subscription to our Service. These sites may collect information as needed to process your order such as:

  • Your credit card information
  • Your bank information
  • Your phone number
  • Your company name
  • Your email address
  • Your mailing address

Kaizen Software utilizes the following data subprocessors:

  • Google
  • FastSpring
  • Microsoft

Kaizen Software Solutions may have limited access to only part of the information stored on these external sites. For example, we do not have access to your credit card number used to purchase a product through an external site, but we do have access to the name that was entered on the external site. For external websites linked from our Services, we encourage you to review their Privacy Policy available on their website.

HOW WE USE THIS INFORMATION

We will use your email address to reply to a question you have asked or to contact you when necessary (for example to provide you with a product license key that you have requested).

Information we receive from you may be used to provide, update, maintain and protect our Services, Websites and business; and to develop and provide Software and Services. Information collected is used for billing, identification, authentication, service improvement, research, support, and contact.

INTERNATIONAL TRANSFER OF DATA

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to the United States and process it there.

Your consent to this Privacy Policy and your submission of such information represents your agreement to that transfer.

COOKIES AND LOCAL STORAGE

We use cookies and local storage to help us provide you with a personalised service, and to help make our websites, applications and services better for you. To destroy temporary data after a browsing session has been completed, we encourage you to consider the use of your web browser's Privacy Mode.

ANALYTICS

We use Google Analytics to anonymously track visits to our website. From this we can analyse data about web traffic and thereby constantly improve our website for visitors.

INFORMATION WE SHARE

We do not share personal information with companies, organizations and individuals outside of Kaizen Software unless one of the following circumstances applies:

  • We may share personal information with companies, organizations or individuals outside of Kaizen Software if we have your consent to do so.
  • We may provide personal information to trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
  • We may share personal information with companies, organizations or individuals outside of Kaizen Software if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
    • Meet any applicable law, regulation, legal process or enforceable governmental request.
    • Enforce Terms of Use or licensing requirements, including investigation of potential violations.
    • Detect, prevent, or otherwise manage fraud, security or technical issues.
    • Protect against harm to the rights, property or safety of Kaizen Software, our users or the public as required or permitted by law.
    • Engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Kaizen Software’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in consideration of such activities (e.g. due diligence). Some or all information may be shared or transferred, subject to confidentiality agreements.
  • We may disclose or use aggregated or de-identified information for any purpose. For example, we may share aggregated or de-identified information with prospects or partners for business or research purposes.

HOW TO CONTACT US

If you have any questions about this policy, please contact us via our Contact Form, or email our Privacy Officer at privacy@kaizensoftware.com, or write to us at:

Kaizen Software Solutions, LLC
Attn: Privacy Officer
39962 Cedar Blvd, Suite 323
Newark, CA 94560-5326