We, KIMCO Holdings, LLC (KIMCO, also referred to as we, us, our in this document), are committed to protecting and respecting your privacy. For the purposes of this policy, ‘you’ includes our customers, visitors to our Sites, and prospective business contacts whose information we collect directly or receive indirectly through our business-to-business (B2B) marketing and outreach activities. This privacy policy sets out the basis on which we collect and process personal information gathered:
For the purposes of data protection legislation, we are the controller of this personal information. This means that we determine the purposes and means of the processing of this personal data. Where we process personal data of individuals in the European Economic Area or United Kingdom, we do so on the basis of the performance of a contract with you, our legitimate business interests, or your consent, as applicable to the specific processing activity. Separately, where you or your company use our Cloud Services, we process the personal data of your end users on your behalf and on your instructions as a processor (or “service provider” under the CCPA), not as a controller. In that capacity, we: (i) process that personal data only to provide the Cloud Services and as otherwise instructed by you; (ii) keep that data confidential and limit access to personnel who need it to perform the Cloud Services; (iii) engage sub-processors only under written terms imposing equivalent data protection obligations, and disclose their identity upon request as described in the Service Providers and Third Parties section below; (iv) provide reasonable assistance to help you respond to your end users' data protection rights requests; (v) delete or return that personal data at the end of our contract with you, except where we are required by law to retain it; and (vi) notify you without undue delay if we become aware of a personal data breach affecting that data. We also hold some personal data about your employees in the context of you being a customer of KIMCO. In relation to that data we also act as a controller and perform the activities set out in this policy in order to perform our contract with you. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@kimcoerp.com.
Under applicable data protection legislation, including United States privacy laws such as the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), personal information is broadly defined as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
For the purposes of our business, this includes, but is not limited to:
It also includes less obvious information such as location data, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of a natural person. Personal information is treated confidentially by KIMCO.Under applicable data protection legislation, including United States privacy laws such as the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), personal information is broadly defined as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
We collect personal information through our Sites in two primary ways:
If you complete a form on our Sites or wish to subscribe to our newsletter(s), you will submit your name, email address, and other professional details to us. We will use these details to send you the requested newsletter, respond to your inquiries, or send you relevant business-to-business (B2B) marketing communications about our products and services. If you no longer wish to receive these newsletters you may follow the unsubscribe mechanism contained in each of the emails you receive.
From time to time we post customer testimonials/comments/reviews on our Sites which may contain personally identifiable information. We will obtain your consent via email prior to posting any testimonial which contains personally identifiable information. An individual may ask to have their testimonial removed from our Sites at any time and can make this request by contacting us at privacy@kimcoerp.com.
We collect personal information from you when you communicate with us by email, telephone, video conference, or post. This typically includes your name, business email address, phone number, job title, company name, and any other details you choose to disclose during our conversations.
We collect this information to:
Where you have requested product information or engaged with our sales team, we may send you relevant B2B marketing communications about our products and services. You may opt out of receiving promotional communications from us at any time by using the unsubscribe link provided in our emails or by contacting us directly (see MARKETING COMMUNICATIONS).
We also collect personal data from you when you, your company, or your employer enter into a contract with us to use our Cloud Services. Under applicable data protection legislation, including the CCPA/CPRA, we act as a "Business" (and a "Controller" under GDPR) for this contract, account, and billing information. For personal information of your end users that we process through your use of the Cloud Services at live.kimcoerp.com, we act instead as a "Service Provider" (CCPA) or "Processor" (GDPR) on your instructions, as described above.
Information you give us:
The information you give us may include your name, business address, job title, the organization you work for, business email address, phone number, and billing or payment information.
We use this information to:
We provide a support portal to our customers through which you log any service issues associated with the Cloud Services. To enable our helpdesk to respond quickly and efficiently, contact details will be collected from the individual logging the problem. Where necessary thehelpdesk engineer will use this personal data logged to communicate with the individual in order to reach a resolution of the service issue.
Our Cloud Service platforms offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Subject to applicable laws like the CCPA, you may exercise your Right to Delete by requesting the removal of your personal information from our blog or community forum. To make this request, contact us at privacy@kimcoerp.com.
In order to operate our business and provide the Cloud Services, we engage Service Providers, Contractors, and Third Parties to perform functions on our behalf. We have comprehensive data processing agreements in place with all Service Providers we engage to ensure they only process data for specified business purposes and maintain strict security standards. If you are a customer, we will disclose the identity of the sub-processors we engage to provide the Cloud Services upon your written request. Where a sub-processor fails to fulfil its data protection obligations, we remain responsible to you for the performance of those obligations. We may share your personal information with the following categories of third parties:
If we sell our business, or it undergoes a business transition (such as a merger or acquisition), your services agreement with us may be transferred as part of the process. As a result, the personal data that we store and process may also be transferred. Where this is likely to occur, we will endeavor to inform you in advance.
We may disclose your personal data if we are under a duty to do so in order to comply with any legal obligations; to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of KIMCO, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
Under certain circumstances, we may be required to disclose personal information in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
We may use your personal information to send you direct marketing communications regarding our products, services, and Cloud Services that we believe may be of interest to your business.
You have the right to ask us not to process your personal data for direct marketing purposes at any time. In compliance with the CAN-SPAM Act, every commercial marketing email we send you will include a clear and conspicuous option to unsubscribe, as well as our physical postal address. If you choose to opt out using the unsubscribe mechanism, we will honor your request promptly and within 10 business days. You may also request to be removed from our mailing lists by contacting us directly at privacy@kimcoerp.com.
We do not sell your contact information to third parties for their own direct marketing purposes. However, as noted in our "Disclosure of Your Personal Information" section, we may share limited data with advertising networks for our own cross-context behavioral advertising. To exercise your right to prevent this specific type of sharing, you can adjust your tracking preferences as detailed in our Cookie Policy (https://www.kimco.io/about-cookies), configure your browser or device to reject third-party cookies. We honor opt-out preference signals, such as the Global Privacy Control (GPC), as a valid request to opt out of the sharing of your personal information for cross-context behavioral advertising.
Depending on your state of residence, including under laws such as the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), you have specific rights regarding your personal information. If you are located in the European Economic Area or the United Kingdom, you have additional rights under the GDPR, including the right to restrict our processing of your personal data and the right to object to processing carried out on the basis of legitimate interests.
You have the right to request that we disclose what personal information we collect, use, disclose, and sell or share. You also have the right to receive a copy of this data in a structured, commonly used, and machine-readable format. We provide this information free of charge and aim to respond to verifiable consumer requests within 45 days of receipt. We will ask for proof of identity so that we can securely locate your information.
You may designate an authorized agent to make a request on your behalf. However, the protection of your data is our main concern. To protect against fraudulent requests submitted by third-party services, we require the authorized agent to provide written permission demonstrating they are authorized to act on your behalf. Furthermore, we may require you to verify your own identity directly with us before we fulfill the request.
If any of the personal information we hold about you is inaccurate, incomplete, or out of date, you may ask us to correct it.
You have the right to direct us to stop sharing your data for cross-context behavioral advertising (as detailed in the Marketing Communications section). You also have the right to limit our use of any sensitive personal information to only what is necessary to perform the services reasonably expected.
You have the right to request that we delete the personal information we have collected from you, subject to certain legal exceptions (such as completing a transaction, maintaining security, or complying with legal obligations).
We will not discriminate against you for exercising any of your privacy rights. This means we will not deny you goods or services, or provide a different level of quality, based on your privacy choices.
If you would like to exercise any of the rights above, please contact us at privacy@kimcoerp.com.
The security of your personal information is extremely important to us. All information you provide us is stored on our secure servers and we encrypt the transmission of personal information using industry standard encryption protocols, such as Transport Layer Security (TLS). Where you have created a user account or where we have given you (or you have chosen) a password which enables you to access our Support Portal, you are responsible for keeping this password confidential. We ask you not to share that password with anyone.
In the event of a personal data breach that compromises the security, confidentiality, or integrity of your personal information, we will take immediate steps to contain the breach and investigate the incident. We will notify affected individuals and applicable regulatory authorities in the most expedient time possible and without unreasonable delay, in accordance with applicable state and federal laws, including the California Consumer Privacy Act (CCPA) and related state data breach notification statutes. Notification may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation.
KIMCO Holdings, LLC is committed to resolving complaints about our collection or use of your personal information quickly and fairly. If you have questions, concerns, or wish to file a complaint regarding the way in which your personal data is handled, please first contact our Privacy Team directly at privacy@kimcoerp.com. We will investigate and aim to respond to your inquiry as quickly as possible, and in all cases, within the timeframes required by applicable law.
If you are a resident of a US state with comprehensive privacy laws (such as California) and you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you also have the right to lodge a complaint with your respective state's attorney general or data protection authority (for example, the California Privacy Protection Agency). If you are located in the European Economic Area or the United Kingdom, you also have the right to lodge a complaint with your local data protection supervisory authority.
A cookie is a small text file that is stored on a user’s computer or device for record-keeping, site functionality, analytics, and advertising purposes. We use cookies and similar tracking technologies on our Sites and our Cloud Service platforms. For comprehensive information on exactly how cookies are used across our platforms and how you can manage them, please review our Cookie Policy at https://www.kimco.io/about-cookies.
In some instances, we may link the information collected by cookies to the personal information you submit to us while on our Sites. For example, if you have submitted your business email address to receive updates from us, our cookies may monitor your browsing activity on our Sites so we can better tailor our B2B marketing communications to your specific interests.
You have the right to control how your data is tracked and used. To manage your cookie preferences, or to opt out of having your data shared for cross-context behavioral advertising, please refer to the preference settings detailed in our Cookie Policy.
We use clear gifs (also known as web beacons or tracking pixels) in our HTML-based emails. A clear gif is a tiny, invisible graphic with a unique identifier embedded in an email. We use these technologies to track the online movements of web users and to let us know which emails have been opened by recipients.
When you open an email from us, this tracking technology may collect information such as your IP address, the time and date you opened the email, and your device or email client type. This allows us to gauge the effectiveness of our communications and marketing campaigns.
If you wish to prevent this tracking, you can configure your email client settings to disable the automatic loading of images. Alternatively, if you elect to completely unsubscribe from our marketing emails (using the unsubscribe link provided in every commercial message), clear gifs will no longer be used in any communications with you.
Our Sites may, from time to time, contain links to and from other websites, applications, or social media platforms that are not owned or controlled by KIMCO. If you follow a link to any of these external websites, please note that these websites have their own independent privacy policies and terms of use, and that we do not accept any responsibility or liability for their practices. We encourage you to review the privacy policies of any third-party websites before you submit any personal data to them.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory or other requirements.
We may update this privacy statement from time to time to reflect changes to our information practices or changes in applicable law. If we make any material changes we will notify you by means of a prominent notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.If you have questions about our privacy or legal policies, contact us by email at privacy@kimcoerp.com or via postal mail in the US at:
KIMCO Holdings, LLC
8500 Normandale Lake Blvd, Suite 350
Bloomington, MN 55437.
