Last Updated: March 25, 2024

This Privacy Notice governs the manner in which K16 Solutions, Inc. (“K16”, “we”, “us”, and/or “our”) collects, uses, maintains, and discloses information collected from and about you when you visit our website, https://k16solutions.com/ (“Site”), use our products and services, including Scaffold Designer, Migration, Replace, Archiving, AI Detection, and DataX (collectively, “Services”), engage with us through our newsletters, emails, and branded social media accounts; or otherwise interact with us. This Privacy Notice also describes certain legal rights you may have, subject to applicable law, and how you can exercise them. 

For the purposes of the Privacy Notice, “Personal Information” means information about an identified and identifiable individual, as defined by applicable law. This includes information that alone or in combination with other information may be used to identify, contact, track, or locate you. Some information that is automatically disclosed to us or collected by us through your use of our Services meets this definition. 

Please read this Privacy Notice carefully. In addition, please review the K16 Site Terms, and any agreement between you and K16 which govern your use of the Services and any content you submit to us in connection with the Services. 

This Privacy Notice applies to Personal Information we collect and use for business purposes, including information we collect from and about visitors to our Site, customers when they register for or access the Services, and individuals in relation to our marketing activities. 

This Privacy Notice does not apply to Personal Information K16 processes at the direction of our customers in our capacity as a processor, service provider, or equivalent term. K16 has no direct control or ownership of the Personal Information we process on behalf of our customers, and we process that data solely in accordance with our customer’s instructions. In addition, this Privacy Notice does not apply to any third-party applications or software that integrate with the Services. 

Information We Process

Information we collect directly from you 

We may collect Personal Information from you in a variety of ways, including, but not limited to: 

• When you fill in forms on our Site, including when you contact us for additional information or request a trial or demo;
  
• When you purchase Services;
  
• When you create an account and add authorized users as well as when authorized users create their accounts and generate their login credentials;
  
• When you use our Services;
  
• When you subscribe to customer alerts, complete a survey; or register for a training, webinar, or other event;
  
• When you email us to ask a question or use our web-based customer service feature;
  
• When you post, share, or communicate with us through integrated chat providers; and
  
• When you communicate with us through our branded social media accounts.

The types of information we collect in these situations can include your name, email address, phone number, and other contact information, company/organization name, job title, company address, and limited billing information (including certain bank details and email addresses used for invoicing). In connection with your use of the Services we may also collect and store the login credentials we ask you to generate for your account. If you contact us by email; through our branded social media accounts; through our integrated chat providers; or by telephone, SMS, or physical mail, we may collect your name, username, contact information, company/organization name, job title, and the contents of your communication, which can include any information you choose to provide. In order to enable live virtual events, we may stream video and audio feed of interactions between participants and featured guests, as well as the contents of any communications enabled by integrated chat functions within any third-party services we may use to provide the events. This may include collecting your image, voice, movements, physical environment, and any other information provided during the event. From time to time, we may record special events and make those recordings accessible to others. If we do, we will indicate that the event is being recorded. If you apply to work with us, we will collect any Personal Information you choose to share in your application, including your name, email address, phone number, physical address, employment history, and education history. 

Information we collect indirectly 

We may collect certain information automatically as you navigate our Site and Services or interact with our communications. The information we collect automatically can include: 

• Device, internet, and mobile information. This may include the hardware model of the device you are using, the version of the operating system you are using, your unique device identifiers, your browser type, language choices, wireless network and mobile network information.
  
• Location-related information. We may derive location information from things like your device’s IP address.
  
• Information about your visit to our Site. This can include the date and time of your visit, the information you searched for to find our Site, the website you came from, the website you visit when you leave us, and how you used or didn’t use our Service.
  
• Information about your activity on our Services. This may include information about how you navigate our Services and which features you use most frequently.
  
• Errors, crash reports, and other information relating to technical problems on our Site or Services. This includes basic information about what happened internally leading up to the crash. 

Web browser cookies 

Our Site may use “cookies” or similar technologies to collect the information above and to enhance user experience. A “cookie” is a small text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. We, and our third-party analytics providers, may use cookies in order to do things such as recognize you when you return to our Site, save your preferences (including your preferences regarding cookie handling), understand which sections of the Site you find most interesting, ensure our Site is working properly, and prevent fraud. 

If you do not want us to collect information through cookies, you can disable cookies, limit the types of cookies you allow, or set your browser to alert you when cookies are being sent. Please consult the guidance offered by your chosen web browser if you would like help managing your cookie preferences. Please note that if you reject or block cookies, our Site and Services may not work as intended. For more information about the cookies we use, please see our Cookie Policy. 

Information we collect from other sources 

• Another individual at your organization. We may collect your Personal Information from other individuals at your organization who may provide us with your business contact information in the course of communicating with us or when setting up an account for your organization.
  
• Publicly available sources. We may supplement the information that we collect from you (such as your email address) with additional information about you and your company obtained from publicly available and third-party databases or services that provide information about business people and companies (including your name, job title, business contact information, and company information). 

We may combine the information we collect about you from these various sources. If a combination of information that we collect identifies you as an individual, we will treat the combined information as Personal Information. 

How We Use Collected Information 

K16 may collect and use Personal Information for the following purposes: 

• To provide our Services. We use the information described above to create your account and identify you at sign-in; manage your access to and use of our Services; fulfill your requests, registrations, and purchases; and send you technical notices, updates, security alerts, and support and administrative messages.
  
• To provide customer service. Information you provide helps us respond to your customer service requests and support needs more efficiently.
  
• To personalize user experience. We may use information in the aggregate to understand how our users as a group use the services and resources provided on our Site.
  
• To improve our Site. We may use feedback you provide and this information in the aggregate to improve our Site and Services.
  
• To further our networking, marketing, and social strategies. We may use collected information to post testimonials, notify you about programs, services, offers, promotions, and events; and to otherwise promote our programs and services.
  
• To protect against, identify, investigate, and respond to misuse of our Services. We may use information we collect from and about users to prevent and detect fraud, unauthorized access, and other unlawful behavior.
  
• To support our general business operations. We may use information you provide to maintain our business and legal recordkeeping.
  
• To run a promotion, survey or other Site feature.
  
• To send users information they agreed to receive about topics we think will be of interest to them.
  
• To carry out any other purpose described to you at the time the information was collected. 

How We Protect Your Information 

We adopt data collection, storage and processing practices, and security measures we believe are appropriate to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information and other data. 

Sensitive and private data exchange between the Site and its users happens over an SSL-secured communication channel and is encrypted and protected with digital signatures. 

However, although we make reasonable efforts to protect against loss, misuse, or alteration by third parties, there is always some risk involved in transmitting information over the Internet and storing information electronically. K16 cannot and does not guarantee absolute security. 

Sharing Your Personal Information 

We may share information about you with certain third parties in the following circumstances: 

• Companies under common control: We may share Personal Information between and among any current or future parents, subsidiaries, affiliates, and other companies under common control and ownership with K16.
  
• Vendors and service providers: We may share Personal Information with third-party vendors and service providers who help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We only give these third-party vendors and service providers access to your information to the extent necessary to provide those services and we prohibit them from using or sharing your Personal Information for any other purposes. 

• Business partners: We may share Personal Information with business partners to provide you with a product or service you have requested. For instance, if you choose to use our AI-Detection product, we will share certain Personal Information with GPTZero in order to facilitate the integration.
  
• Other third-parties: We may share your Personal Information with other third parties that provide advertising, campaign measurement, online analytics, and other services, in order to help us reach individuals with relevant ads and measure our ad campaigns, or to better understand how individuals interact with our Services and other online services over time and across devices.
  
• Business transfers: We may share Personal Information with another company in connection with or during negotiations of any merger, acquisition, financing, reorganization, bankruptcy, sale of all or a portion of our assets, or transition of services to another provider.
  
• Legal requirements: We may share Personal Information when we believe it is necessary to comply with a legal obligation, including lawful requests from public authorities to meet national security or law enforcement requests. We may also share Personal Information when we believe it is necessary to protect K16’s rights and property, to protect the safety of our users, and to defend against legal liability.
  
• Consent: We may share Personal Information with third parties with your consent and at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide that information. 

We may also share aggregate or de-identified information, which cannot reasonably be used to identify you, for various purposes including compliance with various reporting obligations; for business or marketing purposes; or to assist third parties in understanding our users’ interest, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Services. 

Other Important Information

Our legal bases for handling your Personal Information 

Data protection laws in certain jurisdictions require businesses to tell you about the legal grounds they rely on to use or disclose your Personal Information. To the extent those laws apply, our legal grounds are as follows: 

• Legitimate interest. Most often, we handle Personal Information on the ground that it furthers our legitimate interests in commercial activities such as the following:
  • Providing, improving, and personalizing the Services for you; 
  • Processing billing and payments; 
  • Marketing our Services; 
  • Protecting our users, personnel, and property; and 
  • Analyzing and improving our business and our Services.
    
• Legal compliance. We need to use and disclose Personal Information in certain ways to comply with our legal obligations.
  
• To honor our contractual commitments to an individual. We need to process some Personal Information in order to meet our contractual obligations to the individual to whom the Personal Information pertains, including performing the contractual obligations in our Site Terms.
  
• Consent. Where required by law, and in some other cases, we handle Personal Information on the basis of implied or express consent. For instance, we will obtain and rely on your consent to send you newsletters. 

Third-Party Websites 

Users may find content on our Site that link to the sites and services of our partners and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We encourage you to review the privacy notices of any third-party service before providing any Personal Information to or through them. 

Data Transfer 

Personal Information we collect may be stored and processed for the purposes set out in this Privacy Notice in the United States where we are based or in any country where we have operations or where we engage vendors or service providers. These countries may not have the same data protection laws as the country in which you originally provided the data. 

Some of these countries have received a European Commission adequacy decision. For other countries, we take measures such as entering into written agreements with the relevant third party to ensure your Personal Information is protected. In most cases, our legal bases for processing and transferring your Personal Information is to fulfil a contract with you, generally to provide the Services you have requested, whether free or paid. 

Data Retention 

We only keep your Personal Information for so long as reasonably necessary for the purposes described in this Privacy Notice, as required by law, or as necessary to resolve disputes and enforce our rights and agreements. To dispose of Personal Information, we may anonymize it, delete it, or take other appropriate steps. Data may persist in copies made for backup or business continuity purposes for additional time. 

Children’s Privacy 

Our Services are intended for adults and we do not knowingly collect Personal Information from children. If you are a parent or legal guardian and you think your child under 13 (or a higher age threshold where applicable) has given us Personal Information without your consent, please contact us at privacy@k16solutions.com. 

Your Rights and Choices 

You have a variety of rights and choices related to our use of your Personal Information. Please note that these rights might be limited by local legal requirements. 

• Opting out of email marketing. You can opt out of receiving our promotional emails at any time by following the instructions included in those emails. Please be aware that it may take up to ten (10) days for us to process your request, and you may continue receiving promotional communications from us during that period. If you opt out of receiving such communications, please be aware that we may continue to send you non-promotional emails (such as emails related to our business relationship or emails about changes to our legal terms).
  
• Restricting cookies/Do Not Track. K16 does not currently change its behavior in response to web browser “do not track” signals. However, you can configure most browsers to reject cookies or to notify you when you are sent a cookie, giving you a chance to decide whether or not to accept it. You can consult the help section of your browser to find out how to do this. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. In the event that a universally accepted standard emerges on how organizations should respond to “do not track” signals, we will assess and provide an appropriate response to those signals.
  
• Access, update, or delete your information. If you would like to access, update, or delete Personal Information you have provided you may do so by emailing us at privacy@k16solutions.com. Please note that we may keep certain Personal Information as necessary to comply with our legal obligations or for legitimate business purposes, such as to resolve disputes or enforce our agreements. We may also keep cached archived copies of Personal Information for a certain period of time.
  
• Data subject requests. Depending on your location, you may be eligible to request that we provide you with access to and/or a copy of certain Personal Information we hold about you, including information we have shared with third parties for their direct marketing purposes; ask that your Personal Information be corrected, updated, or erased; object to our processing of your Personal Information; request that we restrict certain processing; transfer your Personal Information to a third party; or honor your withdrawal of consent for certain processing of your Personal Information. We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interest or to comply with a legal obligation. Before responding to your request, we may require that you provide us with additional information to confirm your identity. You have the right to lodge a complaint with the authorities applicable to your situation. However, we invite you to contact us with any concern, as we would be happy to try to resolve it directly.

Changes to This Privacy Notice

We may change this Privacy Notice from time to time to reflect changes in our practices or in the law. If we do make changes, we will revise the “Last Updated” date at the top of this page. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the Personal Information we collect. If we make material changes, we may provide you with additional notice, such as posting a statement on our homepage or sending you an email notification, if we have your email address on file. 

Contacting Us 

If you have any questions about this Privacy Notice or how we handle your Personal Information, please contact us at privacy@k16solutions.com or you may write us at: 

K16 Solutions, Inc.  
3100 W Ray Rd, Ste 201 
Chandler, AZ 85226