This policy describes how NetActuate Inc. and its affiliates (“NetActuate,” “we,” “our” or “us”) collect, use and share information in connection with your use of our websites (including www.netactuate.com) (the “Sites”), services and applications (collectively, the “Services”).
INFORMATION YOU PROVIDE
- Account Creation. We may collect your name, email address, mailing address, zip code, and date of birth if you create an account with us. This information will be used to keep you updated about updates related to the Sites and any of the NetActuate Contracts or other agreements which are applicable to the products or services you have purchased or to which you have subscribed.
- Products, Services and Customer Support. We may collect your name, billing address, shipping address, email address, telephone number to the extent necessary for us to provide the products and services that you have ordered or requested and order confirmations (or other transactional information) and/or to provide customer support.
- Promotions. We may collect your email address if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers, and new features available through the Services.
- Contests and Sweepstakes.We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
- Online Surveys.We may collect your name, age, zip code, purchasing habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our customers.
INFORMATION WE COLLECT WHEN YOU USE OUR SERVICES
- Site Usage Information. When you use the Sites, including by browsing our merchandise and/or contacting us with inquiries, we collect your site usage information which includes, without limitation, Internet Protocol (IP) addresses, Internet browser information, other characteristics of your device and software, domain names of your Internet Service Provider (ISP), your approximate geographic location, a record of your usage of our Sites, the time of your usage and aggregated data that cannot be used to specifically identify you. This information is used to analyze and to improve our Services (including to help diagnose and prevent problems with our servers or our products or services), to administer our Site and to provide our customers with the best experience using our Site. We also may receive certain supplemented data (including, without limitation, of the types set forth above) from various third parties. The supplemented data we receive from third parties may be combined with the information we collect as specified herein, including Personal Data.
While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser’s help section for information on how to do this.
THIRD PARTY WEBSITES, INCLUDING MOBILE APPLICATIONS AND SOCIAL MEDIA PLATFORMS
HOW WE USE INFORMATION
- Provide Access and Use.If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to monitor your use of the Services or specific functionalities.
- Internal Business Purposes.We may use your Personal Data for internal business purposes including, without limitation, to help us improve the content and functionality of the Services, to better understand our users, to improve the Services, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Services and our business.
- Marketing.We may use your Personal Data to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about our offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites regarding our Services which may be of relevance to you. If you wish to change or update your Personal Data or to change your subscription preferences, you may do so as provided herein.
HOW DO WE SHARE YOUR INFORMATION?
- Third Party Service Providers. We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, social media management, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Data, but we authorize them to use this information only in connection data security and privacy standards.
- Legal Requirements. We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency or other public authorities) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
- Other Uses With Your Consent. If we intend to use any Personal Data in any manner that is not specified herein, we will inform you of such anticipated use prior to or at the time at which the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use. In short, we will honor the choices you make regarding your Personal Data and will inform you about any other intended uses of such information.
WHAT STEPS ARE TAKEN TO KEEP MY INFORMATION SECURE?
We have implemented information security measures that contain administrative, technical, and physical controls that are designed to reasonably safeguard Personal Data. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Data.
We use various security measures, including Secure Socket Layer (SSL) encryption technology, to protect information collected, transferred and retained. If you elect to set up an account on the Sites, you will be asked to provide an email address and password. You must provide a valid email address and password in order to create and maintain an account, as well as to access account information. We recommend you select a password with at least 8 characters and consider adding numbers or special characters to further strengthen your password. In order to help protect your personal information, you should be careful about providing your password to others and change it periodically. If you wish to update a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us at email@example.com.
We take all commercially reasonable steps to protect the security and confidentiality of all Personal Data provided via the Services from loss, misuse, unauthorized access, inadvertent disclosure, alteration and/or destruction.
However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not always be secure. Please keep this in mind when disclosing any Personal Data via the Internet or by email.
We do not and will not, at any time, ask you to provide your Personal Data or other personal information in a non-secure or unsolicited email or telephone communication. Identity theft and the practice currently known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is one of our priorities. If you receive such an email, please contact us to bring it to our attention. For more information about about phishing, visit the Federal Trade Commission at www.consumer.ftc.gov/articles/0003-phishing.
GDPR+ DATA PROTECTION RIGHTS
If you are located in countries that are within the European Economic Area (the “EEA”) Switzerland or UK, GDPR and its UK and Swiss GDPR counterparts give you rights with respect to your personal data, subject to any exemptions provided by the law, including the following rights:
- Access, Update or Delete Personal Data. If you have created and maintained a NetActuate Account on the Sites, you will be able to access, view, update, or delete your Personal Data by signing into your Account and visit “Account Setting,” or email us at firstname.lastname@example.org. If you make a request to delete your Personal Data and that data is necessary for the products or Services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.
- Restrict the Personal Data We Can Process. You can use the Sites and restrict the Personal Data we can process by disabling cookies, by not registering an account with us or email us at email@example.com. If you choose to restrict the Personal Data you provide and/or to disable cookies, you may not be able to use certain functionalities of our Services. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.
- Opt-out of Promotional Communications. We may send you information by email if you subscribe via your NetActuate Account. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email, or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations.
- Portability. You can request portability of your Personal Data by emailing us at firstname.lastname@example.org.
INTERNATIONAL DATA TRANSFERS
In order for us to fulfill your request or provide the Services to you, your Personal Data may be transferred to, stored at, and processed in jurisdictions other than where you live, including in the United States. Laws in these countries may differ from the laws applicable to your country of residence and may not offer the same level of protection. In addition, in certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Our Services are largely operated in the United States. If you are located in the EEA, Switzerland or UK, please be aware that in order to fulfil your request or provide access to our Services, the Personal Data you provide may be processed in the United States. For transfers of Personal Data outside of the EEA, Switzerland and UK within our affiliates and for transfers of Personal Data to third parties, such transfers will be pursuant to the relevant European Commission’s Standard Contractual Clauses for the Transfer of Personal Data to Third Countries (“SCCs”), unless the data transfer is to a country that has been determined by the relevant EEA, Swiss or UK authorities, as applicable, to provide an adequate level of protection for individuals’ rights and freedoms for their personal information. You may contact us at email@example.com to obtain a copy of our standard Data Processing Agreement (DPA) or for more information regarding the relevant safeguards we put in place. In the event of conflict between the Privacy Shield (see below) and the SCCs, the SCCs control.
Privacy Shield. Although no longer a legal basis for the transfer of data from the EEA, Switzerland to the US, NetActuate Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Frameworks, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland, as applicable to the United States. NetActuate Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.
NetActuate Inc. is responsible for the processing of Personal Data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. NetActuate Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. NetActuate Inc. shall remain liable under the Privacy Shield Principles if its agent processes such Personal Data in a manner inconsistent with the Privacy Shield Principles, unless NetActuate Inc. proves that it is not responsible for the event giving rise to the damage.
With respect to Personal Data received or transferred pursuant to each Privacy Shield Framework, NetActuate Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
In certain situations, NetActuate Inc. 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. Under certain conditions, more fully described at https://www.privacyshield.gov/, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?
The Sites may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures set forth herein do not apply to any Third Party Sites. The owners and operators of all Third Party Sites are responsible for all Personal Data and Non-Personal Data provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third Party Sites, including their privacy policies, if any. We strongly encourage contacting those sites directly for information on their privacy policies.
HOW DO WE RESPOND TO DO NOT TRACK SIGNALS?
Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable information.
IS INFORMATION COLLECTED FROM CHILDREN?