We at IPsoft Incorporated (and our entire global team of IPsoft companies) (collectively, “IPsoft,” “we” and “us”) know you care about how your personal information is used and shared, and we take your privacy seriously.
Last Updated: 2020-May-08 (added new address for GDPR DPO).
Please read the following to learn more about how we collect, store, use and disclose information about you when you interact or use our websites (collectively the “Websites”) or any related events, trade shows, sales or marketing, and/or if you use any of our products, services or applications (including any trial, pilot, or proof of concept) (collectively the “Services”) in any manner.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2.0 What information does IPsoft Collect?
2.1 Information You Provide to Us:
When you use the Websites: We may collect any Personal Information that you choose to send to us or provide to us, for example, on our “Contact Us” online form or if you register for a IPsoft event. If you contact us through the Websites, we will keep a record of our correspondence.
When you use the Services: We receive and store information you provide directly to us. For example, when setting up new users, we collect Personal Information, such as name and e-mail address, to provide them with Services. The types of information we may collect directly from our customers and their users may include: names, usernames, email addresses, postal addresses, phone numbers, job titles, transactional information (including Services purchased), as well as any other contact or other information they choose to provide us in connection with the Services.
2.2 Information We Automatically Collect:
When you use the Websites: When you visit the Websites, we collect certain information related to your device, such as your device’s IP address, referring website, what pages your device visited, and the time that your device visited our Website.
When you use the Services:
- Usage information– we keep track of user activity in relation to the types of Services our customers and their users use, the configuration of their computers, and performance metrics related to their use of the Services.
- Log information– we log information about our customers and their users when you use one of the Services including Internet Protocol (“IP”) address.
- Information collected by cookies and other similar technologies– we use various technologies to collect information which may include saving cookies to users’ computers.
For further information, please see the section below headed “Cookies and other Tracking Technologies”.
2.3 Other Information
We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does NOT directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
On this Website, we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3.0 How do we use the information?
Websites: We will use the information we collect via our Websites:
- To administer our Website, our events and for internal operations, including troubleshooting, data analysis, testing, statistical and survey purposes;
- To improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
- Analyze customers’ use of the Websites for trend monitoring, marketing, and advertising purposes;
- For purposes made clear to you at the time you submit your information – for example, to fulfill your request for a demo, to provide you with access to one of our webinars or whitepapers or to provide you with information you have requested about our Services; and
- As part of our efforts to keep our Website safe and secure.
Services: We may use the information we collect from our customers and their users in connection with the Services we provide for a range of reasons, including to:
- To set up a user account,
- Provide, operate, and maintain the Services;
- Process and complete transactions, and send related information, including transaction confirmations and invoices;
- Manage our customers’ use of the Services, respond to enquiries and comments, and provide customer service and support;
- Send customers technical alerts, updates, security notifications, and administrative communications;
- Investigate and prevent fraudulent activities, unauthorized access to the Services, and other illegal activities; and
- For any other purposes about which we notify customers and users.
We may also use the information you send to us via the Websites and/or Ser,vices, to communicate with you via email and, possibly, other means, regarding products, services, offers, promotions and events we think may be of interest to you or to send you our newsletter, if this is in accordance with your marketing preferences. However, you will always be able to opt-out of such communications at any time (see the “Your Choices” section below).
4.0 How do we share and disclose information to third parties?
We do not rent or sell your Personal Information to anyone. We may share and disclose information (including Personal Information) about our customers in the following limited circumstances:
Vendors, consultants, and other service providers: We may share your information with third party vendors, consultants, and other service providers who we employ to perform tasks on our behalf. These companies include (for example) our payment processing providers, website analytics companies (e.g., Google Analytics), product feedback or help desk software providers, CRM service providers (e.g., Salesforce), email service providers, and others.
If IPsoft has received your Personal Information in the United States and subsequently transfers that information to a third party agent or service provider for processing, IPsoft shall remain responsible for ensuring that such third party agent or service provider processes your Personal Information to the standard required by our Privacy Shield commitments (see the sections below headed “Additional Information for Users in the European Economic Area (“EEA”)” and “International Data Transfers”). Unless we tell you differently and you consent, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Protection of IPsoft and Others: We reserve the right to access, read, preserve, and disclose any information as necessary to comply with law or court order; enforce or apply our agreements with you and other agreements; or protect the rights, property, or safety of IPsoft, our employees, our users, or others.
Disclosures for National Security or Law Enforcement: Under certain circumstances, we may be required to disclose your Personal Information in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
5.0 Is Personal Information about me secure?
We use appropriate technical, organizational, and administrative security measures to protect any information we hold in our records from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Unfortunately, no company or service can guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
6.0 Cookies and other tracking technologies
- Assisting you in navigation;
- Assisting in registration, login, and your ability to provide feedback;
- Analyzing your use of our products, services, or applications; and
- Assisting with our promotional and marketing efforts (including behavioral advertising).
We also may use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. This information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make our Services and Websites better for our users.
7.0 Your Privacy Rights
7.1 What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.
7.3 Marketing Communications
If you have any account for our Services, we will still send you non-promotional communications, like service related emails.
8.0 How can I update and access my information (Exercise my Data Subject Rights)?
Our Privacy team will examine your request and respond to you as quickly as possible!
Please note that we may still use any aggregated and de-identified Personal Information that does not identify any individual and may also retain / use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8.2 California Residents
California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to [email protected].
8.3 EEA Residents
If you are a resident of the European Economic Area, please see the section below headed “Additional Information for users in the European Economic Area” for further information about your privacy rights.
9.0 International Data Transfers
10.0 Additional Information for Users in the European Economic Area (“EEA”)
10.1 Contacting our Data Protection Representative / DPO
If you wish to contact our data protection officer (“DPO”) pursuant to Article 38(4), you may reach out directly to GDI, our EU Data Protection Representative at the following information:
Herrn Dipl.-Inform. Olaf Tenti GDI Gesellschaft für Datenschutz und Informationssicherheit mbH Körnerstraße 45 58095 Hagen Tel.: + 49 (0) 2331 / 35 68 32 - 0 Fax: + 49 (0) 2331 / 35 68 32 - 1 E-Mail: [email protected]
10.2 Your Legal Rights Under the GDPR
IPsoft operates across the globe, and at certain times, our Services will involve transferring your data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of those rights, please contact [email protected] or please fill out the Web Form.
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you do choose to exercise any of these rights, please be aware of the following:
- No Fee Usually Required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
- What We May Need from You. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
- Time Limit to Respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10.2 IPsoft is self-certified to the E.U.-U.S. and Swiss-U.S. Privacy Shield Framework
IPsoft Incorporated (“IPsoft USA”) participates in and has certified its compliance with the EU–U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. IPsoft USA is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list.
IPsoft USA is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. IPsoft USA complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, IPsoft USA is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission In certain situations, IPsoft USA may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/eu-us-privacy-shield.
IPsoft has further committed to cooperate with the EU data protection authorities (DPAs) for EU employees, and the Swiss Federal Data Protection and Information Commissioner for Swiss employees, regarding unresolved Privacy Shield complaints concerning human resources data transferred from the EU or Switzerland, respectively, in the context of the employment relationship.
Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
In compliance with the Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information.
11.0 California and Delaware “Do Not Track” Disclosures
12.0 Linked Websites
We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at [email protected].
15.0 What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to [email protected], and we will try to resolve your concerns.