Data Protection Officer
401 Congress Avenue, Suite 2650
Austin Texas 78701 USA
1. OUR COLLECTION OF YOUR INFORMATIONPersonal Data The information we collect may include your personal data, such as your name, contact information, IP addresses, product and service selections and other data that may identify you. We collect personal data about you at several different points, including but not limited to the following:
- when we correspond with you as a customer or prospective customer;when you visit our website or use the Platform;
- when you use our software or services;
- when you register as an end-user of our services and an account is created for you;
- when you enroll in our newsletter or loyalty program;
- when you decide to participate in a survey;
- when you contact us for help;
- when you attend our customer conferences or webinars;
- when the websites or mobile apps send us error reports or application analytics data; and
- when you provide content on our forums, blogs, or social media pages. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
2. INFORMATION COLLECTED AUTOMATICALLY OR FROM OTHERS
- Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices. Our Services, such as those related to location data management, may collect precise geolocation information in accordance with applicable law.
In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities. Unless contrary to applicable law or contractual agreement, we may combine your information with information that other people provide when they use our Services, including, when the option is available, information about you when they tag you.
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
3. LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA (EEA, UK AND SWITZERLAND ONLY)With respect to personal data of individuals from the European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland, our legal basis for collecting and using the personal data will depend on the personal data concerned and the specific context in which we collect it. Our Company will generally collect personal data from you or a third party only where: (a) we have your consent to do so, (b) where we need the personal data to perform a contract with you (e.g. to deliver the services you have requested), or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms).
4. OUR USE OF YOUR PERSONAL DATAOur Company may use information that we collect about you to: Fulfil our contract with you and provide you with our Services, such as:
- delivering the products and services that you have requested;
- managing your customer relationship and provide you with customer support;
- communicating with you by email, postal mail, telephone or mobile devices about products or services that may be of interest to you either from us, or other third parties;
- undertaking activities to verify or maintain the quality or safety of a service or device;
- processing your financial information and other payment methods for products or Services purchased;
- managing our business;
- allowing you to register for events
- detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
- performing research and analysis about your use of, or interest in, our Services or content offered by others, and short-term, transient use, such as contextual customization of ads;
- undertaking research for technological development and demonstration;
- improving, upgrading or enhancing our Services or device or those of our Providers;
- verifying your identity and preventing fraud;
- debugging to identify and repair errors that impair existing intended functionality, and
- enforcing our terms and conditions
- developing and display content and advertising tailored to your interests on our websites or mobile applications;
- auditing relating to interactions, transactions and other compliance activities;
- verifying your eligibility and deliver prizes in connection with promotions, and
- performing functions you consent to or that are otherwise described to you at the time of collection.
5. OUR DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES
- Category A: Identifiers;
- Category B: Personal Data categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
- Category D: Commercial information;
- Category F: Internet or other electronic network activity;
- Category G: Geolocation data;
- Category I: Professional or employment-related information.
- Affiliates and Service Providers. we may provide your information to affiliated entities within our corporate group, as well as with vendors who perform functions on our behalf; such parties provide hosting and maintenance services, virtual infrastructure, payment processing, analysis and other services for us;
- Contractors. third party contractors may have access to our databases. Usually these contractors sign a standard confidentiality agreement;
- Disclosure for Merger, Sale or Other Asset Transfer. we may allow a potential acquirer or merger partner to review our databases, although we would restrict their use and disclosure of this data during the diligence phase;
- Disclosure to Protect Us or Others. as required by law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to our Company; or when we believe, in our sole discretion, that the disclosure of personal data is necessary to prevent physical harm or financial loss; to report suspected illegal activity or to investigate violations of our agreements or Company policies; to enforce our terms and conditions, to protect the security or integrity of our products and services, and
- Consent. when you give us permission to do so.
6. OUR SECURITY MEASURES TO PROTECT YOUR PERSONAL DATAOur Company uses industry-standard technologies when transferring and receiving data exchanged between our Company and other companies to help ensure its security. This site has security measures in place to help protect information under our control from the risk of accidental or unlawful destruction or accidental loss, alteration or unauthorized disclosure or access. However, “perfect security” does not exist on the Internet. Also, if this website contains links to other sites, our Company is not responsible for the security practices or the content of such sites.
7. OUR USE OF AUTOMATIC COLLECTION TECHNOLOGIES
- Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
- Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
- Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
- Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.
8. LIMITING USE, DISCLOSURE, RETENTIONWhenever applicable, our Company identifies the purposes for which the information is being collected before or at the time of collection. The collection of your personal data will be limited to that which is needed for the purposes identified by our Company. Unless you consent, or we are required by law, we will only use the personal data for the purposes for which it was collected. If our Company will be processing your personal data for another purpose later on, our Company will seek your further legal permission or consent; except where the other purpose is compatible with the original purpose. We will keep your personal data only as long as required to serve those purposes. We will also retain and use your personal data for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
9. INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATAWe are a global company. Information about you may be stored and processed in the European Economic Area, the United States or any other country in which our Company or agents or contractors maintain facilities, and by accessing our websites and using our mobile apps, software and services, you consent to the transfer of your information outside of your country. Such countries may have laws which are different, and potentially not as protective as the laws of your own country.
10. ACCURACY OF PERSONAL DATAWe do our best to ensure that the personal data we hold and use is accurate. We rely on the customers we do business with to disclose to us all relevant information and to inform us of any changes.
11. YOUR ACCESS TO AND UPDATING OF YOUR PERSONAL DATAReasonable access to your personal data may be provided upon request made to our Company at the contact information provided below. If access cannot be provided within that time frame, our Company will provide the requesting party a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied. We may charge a reasonable fee in advance for copying and sending the information requested. If you would like us to delete any personal data held about you, we will do so on request unless we need to hold the information as part of the provision of products and services to you.
13. YOUR PRIVACY RIGHTSDepending on where you reside, you may have the right to exercise additional rights available to you under applicable laws, including:
- Right of erasure. You may have a broader right to erasure of personal data that we hold about you. For example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations, among other things.
- Right to object to processing. You may have the right to request that we stop processing your personal data, including the right to opt in or opt out of the sale of your Personal Data to third parties, or to stop sending you marketing communications.
- Right to restrict processing. You may have the right to request that we restrict processing of your personal data in certain circumstances. For example, where you believe that the personal data we hold about you is inaccurate or unlawfully held.
- Right to data portability: In certain circumstances, you may have the right to be provided with your personal data in a structured, machine readable and commonly used format and to request that we transfer the personal data to another data controller without hindrance.
14. ADDITIONAL CALIFORNIA PRIVACY RIGHTS (UNITED STATES ONLY)If you are a California resident, the California Consumer Privacy Act may entitle you to certain rights under Section 13 in addition to the disclosures about data collection, use and sharing contained herein. Also, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal data to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an email to email@example.com. Our site, products, and services are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our Site or Service, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to firstname.lastname@example.org. We will process your request in compliance with applicable law. Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal data about them to third parties for their marketing purposes.
15. NOTICE TO END USERSMost of our services are intended for use by organizations. Where the services are made available to you through an organization (e.g. your employer), that organization is the administrator of the services and is responsible for the accounts and/or service over which it has control. Please direct your data privacy questions to your administrator, as your use of the services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different from this policy. Administrators may be able to:
- help you exercise the rights described in “Your Privacy Rights” Section (if applicable);
- allow you to reset your account password;
- restrict, suspend or terminate your access to the services;
- access information in and about your account;
- access or retain information stored as part of your account;
- change your information, including profile information associated with your account; and
- allow you or restrict your ability to edit, restrict, modify or delete information.
16. CHILDREN’S PRIVACYBecause of the nature of our business, our services are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from anyone under the age of 17 (or other age as required by local law). If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us immediately. If we learn that we have collected any personal data in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
18. CONTACTING USDevFactory FZ-LLC
Data Protection Officer
401 Congress Avenue, Suite 2650
Austin Texas 78701 USA
Last Updated: 12/01/2021