Privacy Statement

Privacy Statement

Last Updated on March 15, 2024

1. Introduction

1.1 Scope

This Privacy Notice applies to the products, services, websites, and apps offered by Kode, Kode Venture Building, Kode Advisory, Kode Insights, and Kode Capital. We refer to these products, services, websites and apps in this notice by the word services. Unless otherwise stated in your contract, our services are offered by Kode Advisory B.V. in the Netherlands.

2. Personal Information We Collect About You and the Sources

2.1 What do we mean by Personal Data?

References in this Privacy Notice to data, personal information, or ordinary information are all references to Personal Data. Personal data is information about a living individual whose identity can be reasonably ascertained alone or in combination with other data (a "Data Subject").

2.2 Who do we collect data about?

We group individuals or companies into the following categories:

Company: The organization whose details have been entered in one of our assessments.
Respondent: The individual who receives an assessment, form, application, or questionnaire submitted through our Service.
Visitor: You visit one of our websites because you are curious or because you have heard about us through our marketing and sales channels.

2.3 Types of Personal Data We Collect

(a) Contact Information.

You may send us your contact information (such as your name or email address) when you use our services, through a form on our website, during a conversation with a sales representative or our customer support team, or in response to one of Kode's assessments or forms.

(b) Cookie Information.

We use our own and third-party tracking services that use cookies and page labels (also known as web beacons) to collect information about visitors to our websites. This data includes usage and user statistics. Emails sent by Kode or sent by users through our services contain page labels. This allows the sender to collect information about who opened these emails and who clicked on the links in these messages. You can find more information about cookies in our Cookie Statement.

We collect information submitted through the website, such as name, email address, and message body.

(d) Usage Information.

We collect information about your usage when there is interaction between you and our websites and services. Examples include the web pages you visit, what you click on, when you perform these activities, what language preferences you have, and more.

(e) Device and Browser Information.

We collect information about the device and application you use to access our services. Device information includes your IP address, operating system version, device type, device ID/MAC address, system and performance information, browser type, and other device, network, and browser signals. If you are using a mobile device, we will also collect the UUID from that device. We also infer your geographic location based on your IP address.

(f) Event Data.

As with most websites, our web servers keep log files that record every access a device makes to these servers. These log files contain information about the nature of the access, including originating IP addresses, Internet service providers, files displayed on our site (such as HTML pages, images, etc.), operating system versions, and timestamps.

(g) Referral Information.

If you arrive at a Kode website from a third-party source (such as a link on another website or in an e-mail message) or if you have been invited to view a survey as a guest, we will record information about the resource that referred you to us.

(h) Integration Data.

We collect information from third parties with whom Kode enables integrations so that you can use both services.

(i) Assessment/Form/Application Data.

We store your data in assessments/forms/applications (questions and responses) for you. You will receive the analysis in the form of a report.

3. How We Use the Personal Information We Collect.

3.1 Company

We process Personal Data about you as a Team Member in cases where:

You have agreed to this;
We must comply with our contractual obligation;
We have a legitimate interest; and
We have a legal obligation.

3.1.1 Consent

For the processing of the following data elements, we need your consent:

(a) Cookies and Similar Technologies.

We, or third-party data and advertising platforms we partner with, collect data and advertising cookies, page labels, mobile identifiers, and IP addresses. We use this data to derive common user identities across different services and devices. For example, we may do this to tailor advertisements, tailor marketing, or to allow us to determine the success of our advertising campaigns and improve them. You can withdraw your consent at any time.
This data from third parties and advertising platforms may sometimes use information we provide to them to improve their technologies and ability to tailor commonly used devices to users.
If you would like to learn more about interest-based advertising and how to opt-out, please see our Cookie Notice in section 6. If you delete the cookies in your browser settings, you will no longer see these personalized messages. However, ads will still be displayed on the web that are not based on information you have provided to Kode. Depending on your geographic location, you may further withdraw your consent to the use of our cookie management tools in our products.

(b) Contact Information.

We use contact information to respond to your inquiries, to send you information as part of the Services, and to send you marketing information. In jurisdictions that require enrollment, we will only send you marketing materials based on consent.

3.1.2 Contract

We collect and use the following data elements because we need them to fulfil our contractual obligations to you:

(a) Account Information.

We need your account information to run your account, provide you with our services, bill you for our services, assist you, and contact you or your organization about your service or account. These messages are transactional in nature (such as service announcements, billing issues, changes to our services or policies, an email welcome message when you first register). You will not be able to unsubscribe from these messages. This is because they are required to provide our services to you.
We may also use invoice information in its entirety to adjust or manage prices on an individual level or for all service users.

(b) Customer Support Information.

We use information submitted through our customer support, such as your name, email address, and message body, to provide you with customer support.

Data about how you use our services and how our services perform allows us to meet our service level agreements (SLAs) or other contractual obligations to you.

(d) Device and Browser Information.

We use device information to troubleshoot problems with our service and to make improvements. We also use this information for account verification, sign-in, enforcing our password sharing policies, and security policies. We collect this data to provide you with a better experience on specific devices/browsers by optimizing the display of the site in different browsers and the impact of your screen brightness on your experience. We also make sure that the service works properly on all devices and in all browsers.

(e) Integration Data.

We collect and use information from third parties and integration partners where applicable to any of our services to:

Sign up for our service through one of our integrated partners, such as LinkedIn/Microsoft/Google;
Use our Service in conjunction with other Services.

(f) Assessment Questions and Responses.

We use machine learning for survey data to provide users with useful statistics and more relevant insights based on the data they've collected through our services.

(g) Aggregated or de-identified survey questions and responses.

Aggregated or de-identified information allows us to provide users with useful benchmark statistics and more relevant insights based on the data they've collected through our Services.
We also use this information to enforce our agreements, where applicable.

3.1.3 Legitimate interests

We process your personal information in the following categories of data for legitimate interests pursued by us. We set clear limits on the use of this information so that your privacy is respected and only the information necessary to achieve these legitimate purposes is used.

(a) Contact Information.

Where consent is not required, we use contact information to send you marketing information based on our legitimate interests as long as you do not opt-out. You can unsubscribe from marketing communications at any time by clicking on the unsubscribe link in these communications.

(b) Customer Support Information.

We may use information provided to our customer support, customer success, and sales teams, such as name, email, and message content, to train machine learning. As a result, they can better predict and answer customer support-type questions, provide answers, and generate insights about customer support trends. We also use this information to improve our customer support for you. This data will be de-identified where possible.

The information about your use of our services allows us to improve them for you and all other users, and to make recommendations to you and your organization about our other services.
We may also use usage information, such as levels and the nature of activity in your account and the number of responses you receive, to personalize the features and services we highlight for you and your organization on our Sites, to improve your user experience, and to provide you and your organization with tips about our services through our sales and marketing efforts.

(d) Event Data.

We use log events for a variety of business purposes, including:

Develop new services, features, and content, or make recommendations.
Track behavior at a general/de-identified level to identify and understand trends in the various interactions with our services.
Troubleshooting and defects in products.
Investigate security issues.

For example: Your IP address is used to identify where there may have been unknown/unauthorized access to your account (abuse monitoring).

(e) Proprietary Information.

We process other aspects of your account information (such as the personal information you provide about your work, your job title, and your marketing preferences) and information we have obtained from public sources in order to provide you with a personalized experience and relevant and useful marketing information, and to provide you and your organization with other product, feature, and service recommendations to optimize the use of our services (where permitted by law).

(f) Information from Third Parties.

We combine information about you from third parties (such as LinkedIn and the Chamber of Commerce) with our data to create a user profile. This allows us to make our sales and marketing activities more relevant to you and provide you with an optimal, personalized experience.

(g) Referral Information.

With the information about referrals, we look at how successful our integration and referral processes are.

(i) De-Identified Device Information.

We use aggregated or de-identified device data to understand usage patterns and improve our services.

(j) De-Identified Survey Data.

We use machine learning for aggregated or de-identified survey questions and responses to understand usage and improve our services.

3.1.4 Legal Obligation.

(a) In order to respond to lawful requests, we may need to use and disclose information we hold about you. If we receive a subpoena or other legal request, we may need to inspect the information we hold to determine how to respond.

(b) We may also use Usage Data, Event Data, and aggregated or (where possible) de-identified survey questions and responses:

Enforce our contracts, where applicable;
Investigate security issues;
Prevent potentially unlawful activity; and
Monitor for and prevent unwanted and malicious activity.

3.2 Respondent

We process Personal Data about you as a Respondent in the following cases:

We must comply with our contractual responsibility to provide the services to your business;
We have a legitimate interest; and
We have a legal obligation.

3.2.1 Contract

(a) Contact Information.

We only use contact information to respond to customer inquiries if you contact us as a Respondent.

(b) Cookies.

We use required cookies to ensure the operation of an assessment or other Kode product of your company. These cookies are used to ensure that all aspects of the survey work properly and optimally.
Examples: Page labels allow email senders (for example, surveys or forms) to track the performance of emails, so they can increase the number of emails that arrive and are read. We also use cookies to ensure that respondents can only complete an assessment once. And we keep track of how many assessments have been completed.
Once you have completed an assessment, in most cases you will be redirected to our website and treated as a visitor to the website. Other cookies may be used for this purpose. Read the Visitor section if you are interested.

We use device information to troubleshoot problems with our service and to make improvements.
We use your device and browser information to provide our services to your Business. For example: Your IP address is used to prevent you from completing the same survey, form, or application or questionnaire twice if the creator has included settings to prevent this.

(d) Inferred Geographic Location.

We also infer your geographic location based on your IP address. Note: We do not collect precise location (GPS).

(e) Event Data.

We use event data for many different business purposes, including:

Create and improve services, features, or content or make recommendations;
Track aggregate/de-identified behavior to identify and understand trends in the various interactions with our services; and
Troubleshooting and defects in products.

(f) Third Parties and Integration Data.

We collect and use information from third parties and integration partners. It allows companies to send assessments/forms/applications/questionnaires to you.

(g) Assessment Response Data.

Kode may use proprietary machine learning or third-party artificial intelligence tools for data related to the assessment your company has sent you, question type, and device and event data associated with responses to fulfill our contract with your company. In particular, we use machine learning systems for assessment data to help companies by:

identify trends in their responses;
ongoing training of models for optimising outcomes;
making recommendations and providing guidance on what actions work best in different scenarios;
For example, we can infer usage patterns to determine when respondents prefer multiple-choice questions over open-ended text, and make predictive answer suggestions when certain question types are selected. We may also use this data to improve analysis of responses.
improving the user experience (for example, by collecting and using respondents' device and browser information to improve how our assessments work on those devices and browsers, or by tailoring questions to respondents' responses); and
identify insightful data trends (which do not reveal Personal Data) and make recommendations to Businesses based on those trends.

3.2.2 Legitimate interests

(a) Usage Information.

We use information about how you use our services to improve our services for you and all users and to make recommendations to our customers about the use of our services.
For example: We collect information about the types of questions you answer. This data is aggregated and/or de-identified where possible so that we can investigate patterns in respondents' preferences when submitting responses. We collect and use all of this data to help us improve our product so that questions are easier to answer and to help improve survey/form completion rates.
We also use information, such as the type of assessment, form, questionnaire, or application or application you have participated in, to tailor products we show you personally after completing an assessment and to understand trends in the use of our services.

(b) Reactions (in aggregated and/or de-identified form).

For building new product features.

We may infer your geographic location based on your IP address to produce aggregated data around respondent location trends. We use this information to compare trends in the use of our service and in how you interact with assessments, in different browsers and on different devices. Note: We do not collect precise location (GPS).

(d) Customer Support Information.

We may use information provided to our customer support, customer success, and sales teams, such as name, email, and message content, to train machine learning. As a result, they can better predict and answer customer support-type questions, provide answers, and generate insights about customer support trends. We also use this information to improve our customer support for customers. This data will be de-identified where possible.

3.2.3 Legal obligation

(a) In order to respond to lawful requests, we may need to disclose information we hold about you. If we receive a subpoena or other legal request, we may need to inspect the information we hold to determine how to respond.

(b) We may also use usage data, event data, and aggregated or de-identified survey questions and responses:

Enforce our contracts, where applicable;
Investigate security issues;
Prevent potentially unlawful activity; and
Monitor for and prevent unwanted and malicious activity. For example, we have automated systems that monitor content for phishing activity, spam, and fraud under our Acceptable Use Policy.

3.3 Visitor

We process Personal Data about you as a Visitor if:

You have agreed to this;
We must comply with our contractual obligation;
We have a legitimate interest; and
We have a legal obligation.

In some cases, we may not have any personal information about you as a previous visitor to the website (for example, if you have not interacted with our site or cleared your cookies).

3.3.1 Consent

If you have given us your consent, we will collect and use the following information about you:

(a) Contact Information.

We use contact information to respond to your inquiries or to send you information about our services if you agreed to do so when you provided your information or if you work for a company that may be interested in our services, and for as long as you do not opt-out. Unsubscribe from this marketing at any time.

(b) Cookies and Similar Technologies.

We, or third-party data and advertising platforms we work with, may use or combine multiple technologies, such as non-required cookies, page labels, mobile identifiers, and IP addresses to derive common user identities from different services and across multiple devices, including tablets, mobile phones, and browsers. We may do this to tailor advertising to users, to personalize marketing, and to measure the success of our advertising campaigns so that we can improve them. We use this information to personalize online marketing campaigns so that they are relevant to your interest in our services. You can withdraw your consent at any time via our cookie banner.
This data from third parties and advertising platforms may sometimes use information we provide to them to improve their technologies and ability to tailor commonly used devices to users.

3.3.2 Contract

(a) Device and Event Data.

We use device information to fix bugs and problems with our service, and to make improvements.

(b) Comments/Content.

Any comments or content associated with you that you share if you're a guest invited to collaborate on an assessment.

3.3.3 Legitimate interests

We also process your personal information for legitimate business interests that we pursue. We set clear limits on the use of this information so that your privacy is respected and only the information necessary to achieve these legitimate purposes is used.

(a) Third-Party Profile Information.

Where permitted by law, we combine information about you from third parties with information we have about you to create a user profile. We use this profile to make our sales and marketing efforts more relevant to you and to improve our marketing and sales campaigns and the website.

(b) Usage Information.

We use information about your interaction with our websites to improve our website services for you and all users. Some examples that are relevant to you:

Examples: We collect information about the web pages you have visited and your activities on our sites at an aggregated level. We collect this information so that we can identify the most visited and useful parts of our website and identify our most popular services.

We use event data for many different business purposes, including:

Monitor abuse and troubleshoot issues;
To keep track of your preferences and create new services, features, content, or recommendations tailored to you personally.
Track aggregate/de-identified behavior to identify and understand trends in the various interactions with our services; and
Troubleshooting and defects in products.

(d) Customer Support Information.

We may use information provided to our customer support, customer success, and sales teams, such as name, email, and message content, to train machine learning. As a result, they can better predict and answer customer support-type questions, provide answers, and generate insights about customer support trends. We also use this information to improve our customer support. This data will be de-identified where possible.

(e) Referral Information.

With the information about referrals, we look at how successful our integration and referral processes are. For example, if you have clicked on an advertisement from us served by one of our partners across the web, which led you to our websites, we will record this information to help us track the success of advertising campaigns.

3.3.4 Legal Obligation.

(b) We may also use Event Data:

Enforce our contracts, where applicable;
Prevent potentially illegal activities; and
Monitor for and prevent unwanted and malicious activity. For example, we have automated systems that monitor content for phishing activity, spam, and fraud.

4. How We Share or Disclose Personal Information

4.1 Information You Share

Many of our services allow you to share information with others. Keep in mind that information you share publicly may be indexed by search engines. It is not possible for us to remove content from search engines. Therefore, be careful about sharing information publicly.

4.2 Information We Share

We do not share your information or data with third parties outside of Kode, except in the following limited circumstances:

(a) If you are a Company that is part of a Kode team assessment, your data will be shared with the team members you specify. Please refer to your organization's internal policies if you have any questions about this.

(b) In order to provide certain aspects of our services, we use our affiliates and trusted partners. In particular, we use third parties for the following:

We use SurveyMonkey to collect data.
We use Microsoft services to retain, analyze, and process data.
We use Hubspot services to support our sales and service departments.

(e) We enter into confidentiality and data processing agreements with partners to ensure that they comply with the highest levels of confidentiality and best practices in terms of privacy and security standards. We regularly review these procedures and standards.

(f) Based on your instructions, we will share your information or data if you choose to use an integration in conjunction with Kode Services. We only do this to the extent necessary for the use in question.

(g) In addition, we may share information or data for the following purposes:

comply with any applicable law, regulation, legal process, or enforceable governmental request;
enforce applicable policies, including investigation of potential violations;
detect, prevent, or otherwise address fraud, security, or technical issues;
protect the rights, property, or safety of our users, the public, or Kode and/or as required or permitted by law; and
carrying out a sale, merger or change of control of all or part of our business or business, or in preparation for such event.

5. Data Retention

If you are a Business, we generally do not delete the data in your account while your account is active. You are responsible for and control how long you keep this data.

We also encourage companies to actively evaluate their data retention procedures in their account and ensure that they do not retain data for longer than strictly necessary.

In our Cookie Statement, we describe the expiry periods for cookies on our websites.

6. Personalized marketing and cookies

We and our partners use cookies and similar technologies on our websites. See our Cookie Statement for more information. If you are a customer of Kode and separately use cookies or similar technologies in conjunction with our products and services, you are responsible for complying with all laws related to the use of those technologies. This Privacy Notice does not apply to this use by you.

Finally, you can delete the cookies in your browser settings if you do not want to see personalized marketing content on the web that relates to our service.

7. Safety of Minors

Our services (including creating and responding to surveys) are not intended for and may not be used by Minors. Minors are individuals under the age of 16 (or older in certain countries or territories). Kode does not intentionally collect Personal Data from Minors and does not allow them to register. If we become aware that we have collected Personal Data from a Minor, we may delete this information without notice. If you have reason to believe that this has happened, you can contact customer support.

8. Data Transfers

Your information and data will be processed in and transferred to or disclosed in the Netherlands and other countries in which our service providers are located or have servers. We ensure that the recipient of your personal data provides an adequate level of protection, for example by entering into appropriate interlocking agreements with standard contractual clauses or other data transfer mechanisms as approved by the European Commission or relevant data protection authority.

8.1 EU-U.S. Data Privacy Framework, the UK's extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework Principles.

Kode is self-certified for compliance with the EU-U.S. Data Privacy Framework, the U.K. extension, and the Swiss-U.S. Data Privacy Framework Principles. Kode undertakes to subject all personal information and data from European Union (EU) member states, the United Kingdom and Switzerland to the framework in accordance with the principles of this framework.

Kode also complies with the liability provisions of the Data Privacy Framework.

Under the Data Privacy Framework, when Kode receives personal information and then transfers it to a third-party service provider acting as an agent on Kode's behalf, Kode will be liable to a certain extent under the Data Privacy Framework if (i) the agent processes the information in a manner inconsistent with the Data Privacy Framework and (ii) Kode is responsible for the event giving rise to the damage. In certain situations, Kode may be required to disclose Personal Information in response to lawful requests from public authorities, such as to meet national security or law enforcement requirements.

Please contact Kode in the manner described below in Section 11 if you have any concerns or complaints of any kind.).

9. Who is my data controller?

If you've completed an assessment, filled out a form, submitted a request, or provided website feedback to Kode, Kode is the administrator.

10. Your rights

You may wish to exercise a right to receive, correct, update, or delete information about yourself. Some of these rights may be subject to certain exceptions or limitations in local law. Your rights and choices depend on your location. We will take reasonable steps to verify your identity, and we will respond to your request to exercise these rights within a reasonable time (and in all cases within 30 days of receipt of a request), subject to the following for specific categories of individuals.

10. 1 Company

If you have a contract with a Kode service, you have the right to receive a copy of any Personal Data we hold about you. You may also have the right to ask us to restrict the way we use your information. Or you can object to some aspects of our handling of your data. You can access a large part of your data in your own account if you sign up. If you wish to exercise your rights, please contact us.

10.2 Respondent

If you have responded to an assessment, form, or request that a business has sent you through a Kode Service, you should directly discuss managing, removing, reviewing, restricting access to, or otherwise withdrawing your consent to the use of the information you have provided through your responses with that person or organization by contacting them. Your comment data is not controlled by Kode. Kode is therefore not in a position to deal directly with such requests in relation to that data.

10.3 Visitor

If you have visited our website and would like to exercise one or more of the above rights, please contact our support team here. Alternatively, if your request concerns the right to be forgotten insofar as it only relates to our use of cookies, you can do so by deleting the cookies in your browser settings.

10.4 Contact person

Unless expressly stated otherwise in this document, please use the contact information below for privacy inquiries:

Kode Advisory B.V.

Chamber of Commerce number: 83002715

info@kodeventurebuilding.com

11. Complaints

As a resident of the European Union, if you are not satisfied with how we have handled a complaint you have made to us, you have the right to contact your local data protection supervisory authority.

12. Changes to our Privacy Notice

We may make changes to this Privacy Notice from time to time.

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