Revised: February 26, 2024
Please review this Policy carefully. By registering an account for the Platform, or otherwise using the Platform or volunteering information to us, you agree to this Policy and our collection and use of Personal Information as set forth herein. We may update this Policy from time to time in our discretion, for example to keep up with changing privacy laws. We will always keep the current version of this Policy posted on the Platform. By using the Platform after a new version of this Policy has been posted, you agree to the terms and conditions of such version of this Policy. If you do not agree to this Policy, you must immediately cease your use of the Platform and not provide us any personal information.
This Policy also applies to information collected by or shared with our Affiliates through or in connection with your use of the Platform. An “Affiliate” means any entity that controls, is controlled by, or is under common control with us. Each Affiliate is individually responsible for its own compliance with the terms of this Policy.
SCOPE; THIRD PARTIES
This Policy governs the information and data we collect directly about you and your authorized users via the Platform. Our customers are businesses that use our enterprise cloud applications to process personal data about their customers, residents, tenants, or other individuals in connection with our provision of services (“Customer Data Subjects”) and to manage our customer’s relationships with these individuals. We process personal data about these Customer Data Subjects in our enterprise cloud applications only according to our customers’ instructions as a “processor” or “service provider” and this Policy does not apply.
If you are a Customer Data Subject and have questions or want to exercise any of your rights regarding your personal data, you should direct your inquiry to the relevant APM Help customer. If you contact us directly for these purposes, we are required to inform the relevant customer (if we can identify them from the contact details you provided).
INFORMATION WE COLLECT
“Personal Information” means information that can be used to identify you, and may include your name, email address, phone number, mailing address, etc. This also includes the username and password that you use to register an account on the Platform. We collect Personal Information that you voluntarily provide us, for example when you register a user account on the Platform, sign up for mailing lists or newsletters, purchase or subscribe to our services or support, comment on our blogs or community forums, or otherwise reach out to us. Your submission of Personal Information is voluntary, but we may be unable to provide you requested information or services if you choose not to provide necessary Personal Information.
“Other Data” means information that does not identify you personally, and may include technical details regarding the device you use to access the Platform, IP address, operating system, browser, referral URLs, page views, location data (if location services are enabled), clicks, etc. Our systems automatically collect this kind of Other Data when you interact with the Platform. Other Data also includes information that may originally have been Personal Information but has been aggregated or de-identified such that it cannot be used to identify any individual.
Some features of the Platform may now or in the future allow you to provide content, such as written comments or reviews, or interactive content such as surveys or profiles, to be published or displayed on public areas of the Platform (“User Content”). All content submitted by you to the Platform may be retained by us indefinitely, even after you terminate your account. By submitting any User Content, you grant to us a perpetual, worldwide, irrevocable non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted on and transmitted to others at your own risk. We cannot control the actions of other Users of the Platform with whom you may choose to share your User Content.
COOKIES AND SIMILAR TECHNOLOGY
We use “cookies” to obtain certain types of data when your web browser accesses the Platform. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our system to recognize you and your personalized settings, to better understand how you interact with the Platform, to monitor aggregate usage, and to optimize web traffic routing on the Platform. Most browsers have settings to disable or limit cookies, but please note that certain areas or features of the Platform may not be available or fully functional if you choose to disable cookies. We may also use pixel tags, web beacons, session logs, and similar technologies to understand how our users interact with our Platform and emails. The Platform does not respond to “do not track” signals.
We may also use third-party analytics services such as Google Analytics, which help us understand how users are finding and using our Platform. Google Analytics collects information such as how often users visit the Platform, what pages they visit when they do so, and what other sites they used prior to coming to the Platform. We use the information we get from Google Analytics to improve the Platform and our offerings and to provide more relevant advertising. To learn more about Google Analytics’ privacy practices, you can visit https://support.google.com/analytics/answer/6004245?hl=en. To opt out of Google Analytics’ metrics, you can follow the instructions at https://tools.google.com/dlpage/gaoptout.
We do not control third parties' collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe's Preference Manager at http://preferences-mgr.truste.com.
HOW WE USE INFORMATION
We use your Personal Information:
- to create your account and manage the relationship (e.g., communicating with you, providing you with requested information);
- for the reason you provide it (for example, to register your account or provide requested services);
- to verify your identity and eligibility to use the Platform or services;
- to help display services (offered by us or our third-party providers) that may be of interest to you, based on your indicated needs and interests, your location, or your activities on the Platform;
- to respond to your inquiries and communications to us;
- to improve, maintain, and operate the Platform;
- for data analytics, including creating and reviewing data about our users and how they use our Platform and services;
- to fix problems you may have with our Platform or services, including answering support questions;
- to offer you a more personalized experience on the Platform;
- to investigate and prevent possible fraud;
- to exercise or defend our rights and comply with statutory and regulatory requirements, including responding to lawful requests for information by governmental authorities; and
- in other ways that we identify when we collect the Personal Information or which you have otherwise consented to.
You can opt out of receiving promotional or marketing emails from us at any time by clicking the unsubscribe, opt-out, or similar link at the bottom of any such emails. Please note we may still contact you in connection with your account or any transactions involving you.
We may use Other Data (which does not identify you personally) for any manner we deem appropriate, including without limitation to improve, maintain, and operate the Platform or to help with goals like research and marketing. Once such Other Data has been aggregated and/or de-identified so that it is no longer considered Personal Information under applicable data protection law, this Policy does not apply.
HOW WE SHARE INFORMATION
We will not sell your Personal Information to third parties. We may share your Personal Information with our affiliates and as needed to fulfill the purposes described in the “HOW WE USE INFORMATION” section above, including:
- with third parties you seek to receive information or services from (for purposes of sending your communications or information to such parties as directed by you, or otherwise facilitating your interaction with or engagement of such parties);
- with our service providers, such as customer support providers, anti-fraud specialists, and payment processors, who are only permitted to use the information on our behalf;
- with our affiliates for their internal uses or to facilitate their assisting us in providing services to you or notifying you of products, services, or offers that may be of interest to you;
- as necessary to exercise or defend our rights or comply with applicable law or orders from law enforcement and other governmental authorities; and
- to other third parties as disclosed when you provide the Personal Information or which you have otherwise consented to.
We require our third party service providers to take commercially reasonable steps to safeguard your Personal Information, comply with applicable laws and regulations, and to not use your Personal Information for other purposes unless you have provided consent, or an alternative lawful basis exists to do so.
Additionally, in the event of a merger, consolidation, sale, or transfer of all or substantially all of our assets or business, one of the assets that would generally be transferred is the information and data we have collected, which would be transferred subject to the applicable version of this Policy.
We may disclose Other Data (which does not identify you personally) to any parties and for any purposes we deem appropriate.
RETENTION, ACCESS, AND CORRECTION; SECURITY
We are based in the United States, and the platform on which the Platform operate are hosted in the United States. By using the Platform, you consent to your Personal Information being transferred to and stored in the United States.
We may retain Personal Information so long as we can reasonably foresee it may be required in connection with our business relationship with you, but for no longer than necessary for the purposes for which it is processed. In some cases, we will retain the information for a longer period as necessary to comply with our legal obligations, follow records retention policies, resolve disputes, and enforce our agreements. Other Data be retained indefinitely for our business purposes, including for improving the performance of the Platform.
You may access and update your Personal Information by visiting your account profile. You may also request erasure of your Personal Information in certain circumstances. To request access to, correction of, or erasure of your Personal Information, please contact us as set forth at the end of this Policy.
We understand the importance of securing your Personal Information. Accordingly, we use commercially reasonable administrative, physical, and technological measures designed to protect your Personal Information from destruction, loss, alteration, unauthorized disclosure, access or use. However, no internet transmission can be guaranteed to be 100% secure from interception or other unauthorized access. Therefore, we cannot ensure or warrant the security of any information you transmit to us. If you have reason to believe that your Personal Information may no longer be secure (for example, if you feel that the security of an account has been compromised), please contact us as set forth at the end of this Policy.
Please do not provide any sensitive Personal Information (like credit card number or social security number) through unprotected methods like email correspondence.
YOUR RIGHTS (GENERALLY)
In certain locations, you may have rights under data protection law, such as to request access to or correction, deletion, or transfer of your Personal Information, or to object to or restrict us from using it for certain purposes. If you would like to exercise these rights, please contact us as set forth at the end of this Policy and include a description of the nature of your request and the Personal Information at issue. We will respond as soon as reasonably practicable, consistent with applicable law. We will verify your identity before we comply with your request and ask for your cooperation with our identity verification process.
YOUR CALIFORNIA PRIVACY RIGHTS
California law entitles California residents to certain additional protections regarding Personal Information. For purposes of this section alone, “Personal Information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. California residents have the right to request:
- information regarding your Personal Information we have collected in the past 12 months (including the categories of Personal Information we have collected, the categories of sources of such information, and the purposes for which we have collected such information);
- notice of whether we have disclosed your Personal Information to third parties in the past 12 months (and if so, what categories of information we have disclosed, and what categories of third parties we have disclosed it to);
- a copy of your Personal Information collected by us in the past 12 months in a portable format; and
- that your Personal Information be corrected or deleted.
We will not discriminate against you if you choose to exercise any of these rights. To make any of the above requests, please contact us as set forth at the end of this Policy. We may require verification of your identity before further processing your request. In certain instances, we may be permitted by law to decline some or all of such request.
In the 12 months immediately preceding the posting of this updated Policy, we have not sold or shared personal information of California residents. In the 12 months immediately preceding the posting of this updated Policy, we have not sold or shared personal information of California residents.
Colorado, Connecticut, Texas, Utah, and Virginia:
For users residing in Colorado, Connecticut, Texas, Utah, and Virginia, you also have rights with respect to the Personal Information that we collect about you. In addition to the rights that are available to residents of California (as set forth above), if you are a resident of one of these states, you may also have the right to:
- Opt-out of the processing of your Personal Information for the purposes of targeted advertising and for profiling in furtherance of decisions, including, for residents of Colorado and Connecticut, solely automated decisions, that produce legal or similarly significant effects; and
- Appeal any decision or indecision related to the exercise of any right the consumer is granted under the applicable state law.
In the event we decline to take action on your request, we will inform you via our response to your request of your right to appeal the decisions with instructions for how to submit your appeal. If you would like to exercise any of your rights under applicable law (including the right to appeal), please contact us at: P.O. Box 582, Houston, TX 77001.
We do not sell your Personal Data (as defined under the laws of each applicable state).
Nevada law gives residents of Nevada the right to request that a company not sell their Personal Information for monetary consideration to certain other parties. This right applies even if your Personal Information is not currently being sold. If you are a resident of Nevada and wish to exercise this right, please contact us at P.O. Box 582, Houston, TX 77001.
CONSENT TO PROCESSING & INTERNATIONAL TRANSFERS
We are a global business and may process, transfer and store information about our users on servers located in a number of countries, including the United States. As a result, your Personal Information may be subject to data protection and other laws that may differ from your country of residence. Your Personal Information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By using the Platform, or by providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and are a citizen. We endeavor to safeguard your information consistent with the requirements of applicable laws. If your Personal Information is transferred to a country other than the country in which you reside, we will take measures to protect your Personal Information with appropriate contract clauses to facilitate the lawful transfer and adequate protection of Personal Information across jurisdictions as required by applicable data protection laws. To obtain more information about our policies and practices with respect to service providers outside your country, please contact us as set forth at the end of this Policy.
Regions Requiring a Legal Basis for Processing Personal Information
If you are from a region that requires a legal basis for processing Personal Information (such as the EEA or the UK), our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
However, we will normally collect Personal Information from you only where we need the Personal Information to perform a contract with you (or a third party service provider), or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person, such as in the case where we request Personal Information from you in the context of a government audit or in response to a request from law enforcement.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us as set forth at the end of this Policy.
Broadly speaking, we use Personal Information to further our legitimate interests to:
- use Personal Information to create and manage an account, we do so in order to provide you with relevant services and perform our contract with you;
- understand who our customers and potential customers are and their interests in our services;
- manage our relationship with you and other customers;
- use names and email addresses for email marketing purposes, we do so with your consent (which you can withdraw at any time) or, where permitted under applicable law, on the basis of our legitimate interests;
- carry out core business operations such as accounting, filing taxes, and fulfilling regulatory obligations; and
- help detect, prevent, or investigate security incidents, fraud and other abuse or misuse of our Platform.
Note that in situations where we act as a processor (for Customer Data), it is our customer who determines the appropriate legal basis associated with processing activities, and queries about the applicable lawful basis should be directed to them.
Your Data Protection Rights Under the General Data Protection Regulation (GDPR)
“Personal information” as referenced in this Policy includes “personal data” as that term is defined under the European Union GDPR. We are a data controller for the Personal Information collected from all categories of data subjects listed above; provided that we are a data processor for any Customer Data. Where we are a data processor, we process data pursuant to the data processing instructions set forth in the Data Processing Agreement described above.
If you are a resident of the EEA, Switzerland, or the United Kingdom (“UK”), you have the following data protection rights:
- If you wish to access, correct, update, or request deletion of your Personal information, you can do so at any time by contacting us as set forth at the end of this Policy.
- In addition, you can object to the processing of your personal data, ask us to restrict the processing of your personal data, or request portability of your personal data. You can exercise these rights by contacting us as set forth at the end of this Policy.
- You have the right to opt out of marketing communications we send you at any time. You may choose to have your name taken off of our email list after you have registered or provided additional information by contacting us as set forth at the end of this Policy.
- Similarly, if we have collected and process your personal data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal data conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority. You may find contact details on edpb.europa.eu.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Our Platform is not intended for users under 13 years of age, and we do not knowingly collect Personal Information from users under 13. If you are under 13, do not use or provide any information on or through Platform. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will take commercially reasonable steps to promptly delete that information. If you believe that we might have any Personal Information from or about a child under 13, please contact us as set forth below.
This Policy may be amended or revised from time to time in our discretion. Changes to this Policy will be posted on the website and links to the Policy will indicate that the statement has been changed or updated. If we propose to make any material changes, we will provide notice on this page prior to the change becoming effective. We encourage you to periodically review this Policy for the latest information on our privacy practices.
For more information or for help in answering any questions or to exercise any of your rights as set forth above or as provided under applicable law, please contact us at firstname.lastname@example.org or P.O. Box 582, Houston, TX 77001.