Privacy Statement

For Website Users and Clients

Last Updated: 04/18/2024

Overview

Evenly Odd, Inc. (d/b/a Knack), a Pennsylvania Corporation (“Knack”) is committed to respecting your privacy and the privacy of the information in your account. That is why we have established this Privacy Policy. Our intention is to treat your information with utmost care and consideration. If you have questions or concerns regarding this statement, you should contact Knack as outlined below.

We want you to know that we are not in the business of selling or renting individuals’ personal data to other companies for any purpose.

This Privacy Policy describes what information is gathered when you are on Knack’s site, and when you use Knack’s services, and how Knack uses or discloses such information in connection with the Services as described in the Knack Terms of Service (“Terms of Service”). This Privacy Policy applies exclusively to use of the Services through the Knack site www.knack.com (the “Site”). This policy does not cover or apply to the practices of any third-party organizations that use our services on their websites, Builders (as defined in the Terms of Service) that you or your organization may engage, as described more specifically in the Terms of Service, information collected offline, or to other third parties outside the control of Knack.

Knack complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) as set forth by the U.S. Department of Commerce, and is in the process of self-certifying to the UK Extension to the EU-U.S. DPF. Knack 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. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles with respect to the processing of personal data and Knack’s other obligations under the EU-U.S. DPF Principles, such Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Collection and Use of Your Account Information

This section of the Privacy Policy applies to information that Knack collects, maintains, uses and discloses in connection with your Knack Account (the “Account Information”). Knack collects personally identifiable information when you register for a Knack account, provide information on forms requesting information, request or require support, or product and service information, and when you subscribe to our newsletter. Knack may also use personally identifiable information about you which is publicly available from other sources. Knack only makes available your Account Information to its employees, agents and contractors who require such information in order to perform services for or on behalf of Knack, or as otherwise permitted by applicable law. By using the Services and your Account, you acknowledge and consent to Knack’s collection, maintenance, use and disclosure of your Account Information as described in this Privacy Policy.

Account Information which Knack may collect and use includes the following: your name, title, phone number, email address, mailing address, website URL, employer or company. You also have the option of supplying us with your occupation, and type of business or industry. Additionally, when you sign up for a Knack paid service, we collect your billing information, including your credit card number, expiration date, and billing address. From time to time, Knack may aggregate and de-identify this Account Information for Knack’s business and related purposes; however, Knack will never disclose your identifiable Account Information to third parties for commercial or other purposes not permitted by this Privacy Policy.

Knack also automatically receives and records information on our server logs from your browser including your IP address, browser type, referrer page, domain name, access time, entry page, exit page, operating system type, and search engine keywords used. Additionally, if you have chosen to receive email communications, you will receive our news and announcements, as well as important notifications. You may update or change your Account Information with Knack at any time by logging into your Account and updating such information.

We may use your Account Information in order to provide you with support which you have requested in connection with your Account and the Services, or to identify services or products that we may provide at your request. We also use the Account Information we collect to bill you for the Services, manage your Account, measure our business success, identify the most effective ways to reach you, more effectively meet your needs and requests for certain new product features and services, and to contact you about product upgrades. To the extent permitted by applicable law, we may also use and disclose your Account Information (1) if required by court order, legal process or applicable law, (2) in connection with suspension, termination or expiration of the Terms of Service as set forth in the Terms of Service; and (3) as necessary to enforce or defend Knack intellectual property or other rights, as necessary in connection with legal action, or in exigent circumstances to protect the safety of Knack, Knack customers or the public.

Collection and Use of Customer Data Hosted by Knack

This section of the Privacy Policy addresses how Knack may collect, process, store, use and disclose the data which you may create, maintain, use or disclose in connection with your Account (“Customer Data”). In order to provide the Services, Knack hosts and processes Customer Data in connection with your Account. By creating, maintaining, using or disclosing Customer Data in connection with the Service and your Account, you acknowledge that you are the owner or that you otherwise have the right, authority or consent to control such Customer Data and to authorize Knack and its employees, agents and contractors to take such actions with respect to Customer Data as described in this Privacy Policy.

Except as otherwise described in this Privacy Policy or the Terms of Service, Customer Data in your Account is not accessible to anyone, unless you choose to make it accessible. Knack facilitates and provides tools for you to securely manage access to and use of your Customer Data, including sharing such information on a Knack website or making such information available to an End User. However, you, and only you, control whether and what Customer Data to create, maintain, use or disclose in connection with your Account and any corresponding Knack website. You are solely responsible for granting access to End Users, publishing, sharing, updating or deleting such Customer Data in your Account. Knack is not responsible for any such access to, activities, use or disclosure involving Customer Data, regardless of how or by whom such occurs.

In limited circumstances, Knack or its employees, agents and contractors may have access to, use or disclose Customer Data in order to provide the Services. The following are some of the more common (but not exhaustive) circumstances under which Knack, and its employees, agents and contractors may have access to, use or disclose Customer Data in order to provide the Services:

1. To host, process, conduct data backups and maintenance, upgrades, debugging, troubleshooting, programming and other related administrative or technical activities required to provide the Services;
2. To conduct security activities related to preventing, detecting, investigating and responding to security incidents, threats or vulnerabilities, implementing security safeguards and controls and other activities related to security;
3. To respond to or provide support and related activities which you have requested in connection with your Account and the Services, or which you have otherwise consented to;
4. In response to court orders, legal process, or as otherwise required by applicable law. We will notify you and provide you with the opportunity to seek protection against disclosure in accordance with the terms and conditions set forth in the Terms of Service;
5. In connection with suspension, termination or expiration of the Terms of Service as set forth in the Terms of Service, or as necessary to resolve any dispute related to the Terms of Service; or
6. When we act under exigent circumstances, to the extent permitted by applicable law, to protect the safety of customers or the public.

Knack will only make available Customer Data to its employees, agents or contractors who have a need to know or access in order to provide services to or on behalf of Knack as described in the Privacy Policy. Knack will never use or disclose Customer Data for marketing, advertising or other similar commercial purposes of third parties.

Collection and Use of Data Subject to Regional Data Protection Laws

In certain circumstances, customers may maintain data which is subject to additional local, national, regional or international data protection laws (“Data Protection Laws”), including but not limited to (i) the Health Insurance Portability and Accountability Act and its related regulations, as amended from time to time (“HIPAA”), which governs “covered entities” and their “business associates” as each term is described by HIPAA; and (ii) the General Data Protection Regulation (“GDPR”), which governs “data controllers”, “data processors” , and the processing of “personal data”, as each term is described by the GDPR. Because Knack may not be able to independently determine whether and to what extent a customer or Customer Data is subject to such Data Protection Laws, you must (1) notify and obtain Knack’s consent to use the Services in connection with any such Customer Data, and (2) enter into a written HIPAA Business Associate Agreement (“HIPAA BAA”), Regional Data Processing Addendum or other written addendum with Knack, as applicable. You must complete both actions prior to creating, maintaining, using or disclosing any such data in connection with your Account. Failure to comply with this section and the Terms of Service may result in suspension or termination of your Account in Knack’s sole discretion.

Where a HIPAA BAA, Regional Data Processing Addendum or other written addendum applies, Knack and its employees, agents and subcontractors will access, maintain, use and disclose Customer Data as permitted or required by the terms and conditions of the applicable written addendum. This includes, but is not limited to, access, use or disclosure in order to provide the Services and as described in this Privacy Policy. If a use or disclosure of Customer Data described in this Privacy Policy would be prohibited by such addendum, such addendum will control with respect to such use or disclosure.

Your Choices and Rights

• You may update or change your Account Information with Knack at any time by logging into your Account and updating such information. You may also delete your Account at any time.
• You may update or change Customer Data at any time. You may also delete Customer Data at any time.
• You may opt out of cookies and other tracking technology at any time. Please see the Cookies section below for more information.  
• You may have additional rights and choices as set forth below in the Regional Privacy Policy Addendum

Regional Privacy Policy Addendum

EU/UK Customers. The following applies to Knack Customers which process personal data in the EU or UK. 

In compliance with the EU-U.S. DPF, Knack commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF.  Dispute resolution services under the EU-U.S. DPF are free of charge.

Knack complies with the EU-U.S. DPF as set forth by the U.S. Department of Commerce, and is in the process of self-certifying to the UK Extension to the EU-U.S. DPF.  Knack 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.  

If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles with respect to the processing of personal data and Knack’s other obligations under the EU-U.S. DPF Principles, such Principles shall govern.  

Knack processes personal data as necessary to provide the Services and as further described in this Privacy Policy, where Knack has a legitimate interest, as necessary to comply with applicable legal obligations, including lawful requests and orders, and with your consent.

• Processing of Account Information.  As a controller, Knack may process Account Information on your behalf which may include your personal data that you may create, maintain, use, disclose, provide or otherwise make available to Knack as required to provide the Knack Services and as described in this Privacy Policy. Knack processes such Account Information as a controller. You are solely responsible for how you may further process Account Information in connection with the Knack Services.  Knack will never use or disclose Account Information for marketing, advertising or other similar third party commercial purposes. We may process the personal data we obtain as described in this Privacy Policy for the duration of the Knack Services that we provide in accordance with the Terms of Service or as reasonably related to your use of the Knack website.  We may process personal data where processing is necessary for compliance with a legal obligation to which Knack is subject.  We may also be required to process and retain limited Account Information after you have terminated use of the Knack Services in order to maintain accurate business records of the Knack Services that we provided to you or as part of routine back-up and disaster recovery.

• Processing of Customer Data.  As a processor, Knack may process Customer Data on your behalf which includes the personal data of your End Users, customers, clients, employees, patients or other individuals (Data Subjects”) that you may create, maintain, use, disclose, provide or otherwise make available to Knack as required to provide the Knack Services and as described in this Privacy Policy. Knack processes such Customer Data solely as a data processor and not as a controller.  This Privacy Policy does not apply to your collection or use of personal data when providing services to your End Users and other Data Subjects, and you are responsible for maintaining your own privacy and other policies in connection with such.  If you maintain Sensitive Data of any Data Subjects, you are solely responsible for obtaining any and all consents required by applicable law to process and disclose such Sensitive Data in connection with the Knack Services. You are solely responsible for how you may further process Customer Data in connection with the Knack Services, including your processing of any personal data of Data Subjects in compliance with the GDPR.  Knack will never use or disclose Customer Data for marketing, advertising or other similar third party commercial purposes. We may process the personal data we obtain as described in this Privacy Policy for the duration of the Knack Services that we provide in accordance with the Terms of Service or as reasonably related to your use of the Knack website.  We may process personal data where processing is necessary for compliance with a legal obligation to which Knack is subject and as otherwise permitted by this Regional Privacy Policy Addendum.  We may also be required to process and retain limited Customer Data after you have terminated use of the Knack Services in order to maintain accurate business records of the Knack Services that we provided to you or as part of routine back-up and disaster recovery.

Access, Correction and Deletion of Personal Data

• You can access any of your personal data within your Account Information or Customer Data by logging into your Account or applications.  You may also update or correct any such personal data within your Account at any time. 
• You can delete any of your personal data within your Account Information or Customer Data by logging into your Account or applications. If you choose to delete your personal data, we recommend you utilize available export controls in order to transfer any copies which you may need to retain outside of the Knack Services. Knack may not be able to recover any data which you delete in error.
• If we have collected or maintain any personal data within your Account Information or Customer Data which is not available within your Account or applications, you may ask us to update or correct, view or delete any such personal data. We will comply with the request to the extent required by the EU-U.S. DPF Principles and GDPR.   

Limitations on Use and Disclosure of Personal Data

We will provide you with the choice to choose whether to have personal data which you make available in connection with the Services used for any new purposes materially different from those described in this Privacy Policy and from the purpose(s) for which such personal data was collected or originally authorized. 

To the extent Knack utilizes one or more subcontractors in connection with personal data that you make available in connection with the Services, you may choose to disagree with any subcontractor identified by Knack as providing Services on Knack’s behalf as set forth in the applicable Regional Data Processing Addendum. 

Binding Arbitration

You may be able to exercise the right to binding arbitration under certain conditions if you believe we have violated our obligations under the EU-U.S. DPF Principles with respect to your personal data. Under this arbitration option, the “EU-U.S. Data Privacy Framework Panel” (consisting of one or three arbitrators, as agreed by the parties) has the authority to impose individual specific, non-monetary equitable relief (such as access, correction, deletion, or return of the individual’s data in question) necessary to remedy the violation of the Principles only with respect to the individual.  Individuals and participating organizations will be able to seek judicial review and enforcement of the arbitral decisions pursuant to U.S. law under the Federal Arbitration Act.

An individual who decides to invoke this arbitration option must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with us and afford us an opportunity to resolve the issue within the timeframe set forth in section (d)(i) of the EU-U.S. DPF Supplemental Principle on Dispute Resolution and Enforcement; (2) make use of the independent recourse mechanism under the EU-U.S. DPF Principles, at no cost to the individual; and (3) raise the issue through the individual’s DPA to the Department and afford the Department an opportunity to use best efforts to resolve the issue within the timeframes set forth in the Letter from the Department’s International Trade Administration, at no cost to the individual. Arbitrations should be completed within 90 days of the delivery of the Notice of arbitration by the individual to us, unless otherwise agreed to by the parties.  Additional limitations may apply to this arbitration right. 

Lawful Requests by Public Authorities; Court Orders

Knack may process personal data as necessary to comply with applicable laws, including in response to court orders, legal process, or as otherwise required by applicable law and the EU-U.S. DPF Principles. We will notify you and provide you with the opportunity to seek protection against disclosure to the extent required by law or in accordance with the terms and conditions set forth in the Terms of Service.  Knack historically does not receive lawful requests from law enforcement or similar legal processes to disclose personal data. 

To the extent Knack becomes subject to a court order that is based on noncompliance or an order from a U.S. statutory body (e.g., FTC or DOT) listed in the EU-U.S. DPF Principles or in a future annex to the Principles that is based on non-compliance, Knack shall make public any relevant EU-U.S. DPF-related sections of any compliance or assessment report submitted to the court or U.S. statutory body  to the extent consistent with confidentiality requirements.

Onward Transfers/Subcontractors

Knack will comply with the EU-U.S. DPF Principles and GDPR with respect to onward transfers of personal data, including, without limitation, to subcontractors or agents of Knack. For any agents processing personal data on Knack’s behalf, Knack shall remain liable under the EU-U.S. DPF Principles if the agent processes such personal information in a manner inconsistent with the Principles, unless Knack proves it is not responsible for the event giving rise to the damage.

Knack may process personal data outside of the E.U. or U.K., including in the United States of America. The terms of applicable Regional Data Protection Addendums, the EU-U.S. DPF Principles, and the GDPR will control with respect to any such transfers outside of the E.U. or U.K. 

Children and Privacy

This Site does not offer information intended to attract children. We do not knowingly solicit personal information from children under the age of 13. In fact, the Terms of Service Agreement expressly prohibits children under the age of 13 from using Knack’s services.

Cookies

Cookies are identifiers usually sent through your browser to reside temporarily or permanently on your computer’s hard drive. The Site and Knack services use cookies tied to personally identifiable information for their operation. Certain services and functionalities will not work if you disable cookie functions on your browser.

Knack uses Google Analytics for the Site. Google Analytics collects information about visitors to the Site through a first-party cookie and JavaScript code. Google Analytics anonymously tracks how our visitors interact with this Site, including where they came from, what they did on the site, and whether they completed any transactions on the site such as news registration.

In providing services to our clients, it is Knack’s policy to use cookies only when necessary to maintain the identity of the user in a given session. The cookie information does not include personal data such as name, age, phone number, e-mail address or mailing address. Most browsers are initially set up to accept cookies. If you would prefer, you can set your browser to reject cookies, however this may interfere with your usage of some of the services offered by Knack’s clients. Knack’s clients use customized JavaScript code provided by Knack to contact Knack’s servers, to receive a form or application, to load an image or content, or to submit and update information.

For more information, please view our Cookies resource page at https://www.knack.com/cookies.

Links to Other Websites

Our website contains links to information on other websites. We do not have any control over these other websites, and therefore we cannot be responsible for the protection and privacy of any information that you provide while visiting those sites. THOSE SITES ARE NOT GOVERNED BY THIS PRIVACY POLICY, and if you have questions about how a site uses your information, you should consult that site’s Privacy Policy.

In certain circumstances, Knack facilitates your ability to publish or share data or materials through other websites. You are solely responsible for any data or materials which you publish or share with other websites in connection with your Knack account. By publishing or sharing data or materials with other websites, you represent that you are the owner of such data or materials, or that you have the right or authority to publish or share such data or materials. Knack is not responsible for any data or materials which may be published or shared with other websites. Any content which may be published to your Knack Live Application will by default be available to anyone with whom you share the URL of your Knack.com Application. You can protect these pages by requiring any of your End Users to login before viewing any published data.

Security

For both security and privacy purposes, your Knack account is password protected. You are responsible for safeguarding your Knack account password and for any uses of your Knack account, whether by you or another individual.

No transmission over the Internet can be 100% secure. You recognize that security risk is inherent in all internet and information technology transmission and that Knack cannot guarantee the privacy or security of any Account Information or Customer Data which Knack may access, transmit or maintain in connection with the Services.

Knack implements privacy, security and other data protection controls and mechanisms to safeguard against unauthorized access to or disclosure of Account Information and Customer Data. Knack also conducts routine data backups to protect the availability of Account Information and Customer Data. All communications between your Account and Knack servers are encrypted with an industry-standard Secure Socket Layers protocol, and your own applications and data pages can be deployed securely using SSL at no extra charge. Customer Data is encrypted at minimum with AES-256 or a reasonable industry alternative.

Surveys

From time to time Knack may invite you to participate in online surveys that Knack or a third party may administer. These surveys are optional, and may include personal information such as name and email address. They may also include questions about your experience with this Site and the Knack services and their specific features. Such surveys are meant to help us better understand the needs and requirements of our customers so we can continue improving this Site, our products and our services. The results of these surveys may be shared in aggregate format with third parties.

Deactivating Your Account

To deactivate your Account you must login at https://dashboard.knack.com/sign-in and click “Delete Account”. This is the only mechanism through which you may delete your Account. Once your Account is deleted, any data or materials, application schemas, personally identifiable information, and Customer Data maintained in connection with such account cannot be recovered. You are solely responsible for creating and retaining any copies of such data or materials which are created or maintained in connection with your Account prior to deletion of your account and may utilize Knack export controls to do so. Knack is not responsible for lost or deleted data or materials regardless of how such loss or deletion occurs.

Testimonials

From time to time, we post customer testimonials on this Site that may include their name, logo, graphic, sound or image. We obtain customer consent prior to posting their testimonials on this site. We are not responsible for the personal information a user elects to disclose in their testimonial.

Forums

When users elect to register their information to communicate in our forums, please be advised we are not responsible for the personal information users elect to share over this public platform. Please be advised that any personal information disclosed can be used to send you unsolicited messages by other members of this forum. You are responsible for not sharing any confidential or proprietary information in your testimonials or through the forum.

Builder Chat

We provide support chat capabilities on the Site through a third party agent. When offline, such chat service records your inquiry, which requires disclosure of your email address to facilitate a response to you. This personal information is not used for promotional purposes. You are responsible for not disclosing any confidential or proprietary information in connection with a chat.

Material Changes and Your Consent

By using this Site and the Knack services, you consent to the collection and use of the information you provide to us as outlined in this Privacy Policy. We reserve the right to make changes to this Privacy Policy at our sole and absolute discretion, and we may do so from time to time and without notice. Should we make material changes to the manner in which your collected personal information is utilized, we shall post a prominent notice on the Site, notify you by email of the applicable changes and/or publish those changes on this page, and your continued use of this Site and any Knack services shall constitute your acceptance of such changes and the revised Privacy Policy and your agreement to be legally bound thereby.

Privacy Policy for Users of Websites Operated by Knack Clients

We ask each of our clients to abide by all applicable laws, rules and regulations, as we promise our clients that we will do ourselves. We also recommend that each client, as applicable, obtain all necessary consents from visitors to its website(s), post an online privacy policy that provides each visitor with notice of its data collection and use practices (including such client’s use of Knack’s services), and provide a link to this Privacy Policy. KNACK’S CLIENTS’ WEBSITES AND DATA COLLECTION PRACTICES ARE NOT GOVERNED BY THIS PRIVACY POLICY.

Complaints, Comments and Suggestions

To contact us regarding this Privacy Policy including any complaints or concerns about the privacy practices described herein, please contact us at https://www.knack.com/contact.