As to Apperian Services, “visitor” has a special meaning. It means both (a) those who register as administrators for their companies or who are otherwise designated by their companies as their administrators in the Apperian App Management console and (b) those who register as Apperian end users. In this policy, an individual of type (a) is referred to as an “Apperian Administrator” and an individual of type (b) is referred to as an “Apperian End User”.
Except as stated below, for the purposes of this Policy, Arxan is the Controller. Contact details are provided in the Contact Section below.
Processing your Personal Data
Collection of Personal Data: We may collect Personal Data about you, such as your name, address and contact details. Examples of sources from which we may collect Personal Data include, but are not limited to, the following:
- We may obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone, in person, or by any other means).
- We may collect your Personal Data in the ordinary course of our relationship with you (e.g., in the course of administering your Arxan account).
- We may collect Personal Data that you manifestly choose to make public, including via our Site.
- We may receive your Personal Data from third parties who provide it to us (e.g., social media platforms via plugins).
- We may build out customer / prospect profiles using third party sales tools, as well as by doing additional research on the web to obtain other personal details to enable a productive sales conversation.
- We may collect or obtain Personal Data when you visit our Site, or use any features or resources available on or through our Site. When you visit our Site, your device and browser will automatically disclose certain information, some of which may constitute Personal Data (see below).
Creation of Personal Data: We may also create Personal Data about you, such as records of your interactions using our Site and details of your account history.
Categories of Personal Data: The categories of Personal Data about you that we may Process include
- Personal details: given name(s); preferred name; preferences; and account settings.
- Contact details: telephone number; email address; and social media profile details.
- Professional details: professional profile details; title, association memberships; qualifications and company insight data.
- Device details: device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to our Site and other technical communications information.
- Usage details: records of your use of our Site and other services, including: registrations; details of content with which you interact; votes; questions; downloads; ratings; feedback; profile views; search queries; anonymous viewings; pageviews; player clickstream; chapters; and favorite moments.
- Analysis data: keywords, communities, trends, content quality and content importance.
- Views, opinions and interests: any comments, ratings, views or opinions that you choose to send to us, post via our Site, via a survey, or publicly post via social media platforms; your community interests and solution interests.
Lawful basis for Processing Personal Data: In Processing your Personal Data in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:
- we have obtained your prior express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
- the Processing is necessary in connection with any contract that you may enter into with us;
- the Processing is required by applicable law;
- the Processing is necessary to protect the vital interests of any individual; or
- we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.
Processing your Sensitive Personal Data: We will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, age, race or ethnic origin, political opinions, or religious beliefs or other sensitive information.
We do not seek to collect or otherwise Process your Sensitive Personal Data except where:
- the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
- the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
- the Processing is necessary for the establishment, exercise or defense of legal rights; or
- we have, in accordance with applicable law, obtained your prior explicit consent prior to Processing your Sensitive Personal Data (as above, this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Purposes for which we may Process your Personal Data: The purposes for which we may Process Personal Data, subject to applicable law, include:
- Our Site: operating and managing our Site; providing content to you; displaying advertising and other information to you; and communicating and interacting with you via our Site.
- Provision of services to you: providing our Site and other services to you (including suggesting content that may be of interest to you, based on your past activity); communicating with you in relation to those services; recommending content that may be of interest to you; and recommending your content to others.
- Marketing communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law.
- Disclosing Personal Data to our customers: in accordance with the provisions of this Policy and applicable law, we may disclose certain Personal Data to our customers. With your prior express consent, we may provide your personal data to our customers for the purposes of enabling them to contact you with information that may be of interest to you.
- Communications and IT operations: management of our communications systems; operation of IT security; and IT security audits. We also use this information to prevent or detect fraud or abuses of our Website and to enable third parties to carry out technical, logistical or other functions on our behalf.
- Health and safety: health and safety assessments and record keeping; and compliance with related legal obligations.
- Financial management: sales; finance; corporate audit; and vendor management.
- Surveys: engaging with you for the purposes of obtaining your views on our Site or our services.
- Improving our Site and our services: identifying issues with existing Site and our services; planning improvements to existing Site and our services; creating new Site and our services
Disclosure of Data to Third Parties
We may disclose your Personal Data to other entities within Arxan, for legitimate business purposes (including providing services to you and operating our Site), in accordance with applicable law. In addition, we may disclose your Personal Data to our customers, subject always to compliance with the terms of this Policy and the requirements of applicable law;
- legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- accountants, auditors, lawyers and other outside professional advisors to Arxan, subject to binding contractual obligations of confidentiality;
- third party Processors (such as IT service providers; social media plugin providers; etc.), located anywhere in the world, subject to the requirements noted below in this Section “International Transfer of Personal Data”
- any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
- any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
- any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
- our Site may use third party plugins or content (e.g., social media plugins). If you choose to interact with any such plugins or content, your Personal Data may be shared with the third party provider of the relevant social media platform.
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
International Transfer of Personal Data
Because of the international nature of our business, we may need to transfer your Personal Data within Arxan, and to third parties as noted in Section “Disclosure of Data to Third Parties”, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements than those that apply in the country in which you are located.
Where we transfer your Personal Data to other countries, we do so on the basis of Standard Contractual Clauses. You may request a copy of our Standard Contractual Clauses using the contact details provided in Contact Section below.
We have implemented appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.
You are responsible for ensuring that any Personal Data that you send to us are sent securely.
We take reasonable steps designed to ensure that:
- your Personal Data that we Process are accurate and, where necessary, kept up to date; and
- any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.
From time to time we may ask you to confirm the accuracy of your Personal Data.
We take reasonable steps designed to ensure that your Personal Data that we Process are limited to the Personal Data reasonably required in connection with the purposes set out in this Policy.
The criteria for determining the duration for which we will keep your Personal data are as follows: we will retain copies of your Personal Data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period. In particular, we may retain your Personal Data for the duration of any period necessary to establish, exercise or defend any legal rights.
Your Legal Rights
Subject to applicable law, you may have a number of rights regarding the Processing of your Personal Data, including:
- the right to request access to, or copies of, your Personal Data that we Process or control;
- the right to request rectification of any inaccuracies in your Personal Data that we Process or control;
- the right to request, on legitimate grounds:
- erasure of your Personal Data that we Process or control; or
- restriction of Processing of your Personal Data that we Process or control;
- the right to object, on legitimate grounds, to the Processing of your Personal Data by us or on our behalf;
- the right to have your Personal Data that we Process or control transferred to another Controller, to the extent applicable;
- where we Process your Personal Data on the basis of your consent, the right to withdraw that consent; and
- the right to lodge complaints with a Data Protection Authority regarding the Processing of your Personal Data by us or on our behalf.
This does not affect your statutory rights.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please contact us at email@example.com and we will take steps to correct or delete the information or restrict its use, as appropriate. We will respond to your request within a reasonable timeframe. Upon request Arxan will provide you with information about whether we hold any of your personal information. If you wish to update your information, request deletion or believe that any personal information we have about you is, has been, or might be used inappropriately.
Non-Personal and Aggregated Information Collected Automatically
When you visit our websites, we log general data, such as your domain name, the name of the Web page from which you entered our websites, which pages you visit on our websites, and how much time you spend on each page. We use this information to monitor use of and improve our websites as well as for internal analysis.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
Minors under the age of eighteen years old are not eligible to use our Site and we therefore ask that minors do not submit any Personal Data to us, or use any of the services provided on, through or via our Site.
When Arxan is a data processor
Arxan collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of Arxan’s Clients and would no longer like to be contacted by one of Arxan’s Clients, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
Arxan acknowledges that you have the right to access your personal information. Arxan has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to Arxan’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe. In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
Data Protection Officer
Arxan Technologies, Inc.
650 California Street Suite 2750
San Francisco, CA 94108
- ‘Controller’ means the entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.‘Data Protection Authority’ means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
- ‘Personal Data’ means information that is about any individual, or from which any individual is identifiable. Examples of Personal Data that we may Process are provided in Section (3)
- ‘Process’, ‘Processing’ or ‘Processed’ means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- ‘Processor’ means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
- ‘Sensitive Personal Data’ means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offenses or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
Notice to California Residents:
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at: firstname.lastname@example.org