EffectiveSoft Privacy Policy

 

Last updated: December 4, 2018

 

Your privacy is important to us. EffectiveSoft Corporation (“EffectiveSoft”) has created this Privacy Policy in line with our commitment to your privacy. Our Privacy Policy explains what personal data EffectiveSoft collects from you through any and all Intellexer™ websites (the “Websites”) and Intellexer™ software applications and services (the “Software”), which are available at these Websites, and (or) direct marketing activity of EffectiveSoft, as well as how we use that data. The present Privacy Policy applies to all visitors, users, and others who access and use the Websites and Software ("Users"), as well as to all Users, who can receive marketing e-mails from EffectiveSoft.

 

If you access and use the Websites and Software, you agree to the terms of the Privacy Policy outlined below. If you do not agree with the terms of this policy, please, do not access or use the Websites and Software. You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to provide a feature of the Websites and Software, you may not be able to use that feature. The data we collect depends on the context of your interactions with the Websites and Software, the choices you make, including your privacy settings, and the features of the Websites and Software you use.

 

If you receive marketing e-mails from EffectiveSoft and do not agree with the terms of this policy, please, object to receiving marketing e-mails EffectiveSoft by contacting us at any time as specified under the "Contact Us" heading below.

 

 

1. Personal Data We Collect

 

1.1. Contact Forms on the Websites; Registration Forms on the Websites; User’s Contact Details for Receiving the Software’s License Keys:

·        Your first name and your last name, your e-mail address, phone number, company name, as well as any information about you, which you may submit to us in “Contact Us” forms on the Websites.

·        Your first name and your last name, your e-mail address and other personal data you choose to submit to us for the purpose of a live chat on the Websites.

·        User name, password, your first name, your last name, company name, e-mail address, as well as any information about you, which you may submit to us in the Registration Forms on the Websites.

·        Your e-mail address, your first name and your last name, payment date – information, which you may submit to a payment system paying a license fee for the Software.

 

We may use this data for the following purposes:

·     We need this information to take steps at your request prior to entering into a contract. We may use this data to communicate with you and personalize our communications with you in order to take the above-mentioned steps. For example, we may contact you by phone and (or) email and (or) other means of communications to provide you with our response to your request sent to us through the Websites, discuss details of your request, provide you with our proposal for your request and (or) templates of our contracts, discuss terms of contracts and make changes in it, exchange signed copies of contracts between you and EffectiveSoft, etc. We may store such data from the moment of your request sent to us and until the moment of entering into a contract.

·      We need this information to perform a license agreement concluded between you and EffectiveSoft and provide services to you under the license agreement mentioned above. For example, we may contact you by phone and (or) email and (or) other means of communications to provide you with an access key to the Software, to inform you and discuss with you any details of services implemented under a license agreement, to inform you about any changes in the Software and (or) license agreement concluded between you and EffectiveSoft. We may store such data during the term of a license agreement concluded between you and EffectiveSoft.

·      EffectiveSoft has a legitimate interest in getting to know the User’s preferences so as to enable us to better personalize our offers and ultimately offer products and services that better meet the needs and desires of the Users. So, we need this information to offer products and services that better meet the needs and desires of the Users. For example, we may contact you in future by phone and (or) email and (or) other means of communications to inform you about our services, discounts, new products, new features and capabilities, etc. We store such information as long as the above-mentioned purpose exists. You can object at any time to collecting and processing your personal data for this purpose by contacting us as specified under the “Contact Us” heading below.

·      We may use this information in customer testimonials and (or) project samples (case studies), which you may provide to EffectiveSoft. This information allows us improve the Software and the Websites. This information may be used as mentioned above upon your prior written consent. We store such information as long as the above-mentioned purpose exists.

1.2. Users’ requests for data processing on the Websites and (or) through the Software:

·        Any information, which you may submit to us in the form of requests for data processing.

·      We may use this data for the following purposes: We use this information to provide services to you through the Websites and (or) Software under a license agreement concluded between you and EffectiveSoft. For example, when you make a request for data processing by loading your information, which may contain any personal information, to the data entry field of the Websites and (or) Software, we use this information in order to provide you with a response of the Websites and (or) Software. Such information mentioned above will be automatically deleted as soon as the response of the Websites and (or) Software has sent to you. We do not store your information and responses of the Websites and (or) Software. For avoidance of doubt, you represent and warrant you will obtain all required authorizations prior to providing any information to the Websites and (or) Software. Furthermore, please, note that any information submitted to the Websites and (or) Software will be deemed by EffectiveSoft NOT to be confidential. However, information you submit to the Websites and (or) Software may not be subject to disclosure to any third-parties, except for EffectiveSoft affiliates, subsidiaries and (or) service providers as specified below, or in the pursuit of advertising or any other commercial purposes.

 

1.3. Testimonials on the Website:

Your first name and your last name, your e-mail address, company name, your title, phone number, country - information you submit to us in the form of customer testimonials and (or) project samples (case studies). The information allows us improve the Websites and (or) Software. This information can be collected upon your prior written consent. We store such information as long as the above-mentioned purpose exists.

 

1.4. Device and Usage Data:

We collect data about your device and how you and your device interact with the Website. For example, we may collect:

·      Device, connectivity and configuration data. We collect data about your device and the network you use to connect to the Website. It includes data about the operating system, browser type, and number of clicks, domain name and country/state of Users. It also includes IP address, regional and language settings.

·      Error reports and performance data. We collect data about the performance of the Websites and any problems you experience with it. Depending on your settings, error reports (sometimes called “crash dumps”) can include data such as the type or severity of the problem, details of the software or hardware related to an error.

 

EffectiveSoft has a legitimate interest in offering products and services that better meet the needs and desires of the Users, as well as a legitimate interest in maintaining and improving the performance of the Websites. We may use this data mentioned above to provide and improve our services we offer to you, to maintain and continually improve our Websites and its performance, including adding new features or capabilities, to diagnose problems in the Websites you use. We use, for example, error reports to improve security features, to determine what new features to prioritize. We store such information as long as the above-mentioned purpose exists. You can object at any time to collecting and processing your personal data for this purpose by contacting us as specified provided under the “Contact Us” heading below.

 

1.5. Direct Marketing:

·        Your name, e-mail address, company name, phone number, country - information we collect on official websites of companies, in which you are employed (as an employee, adviser, consultant, etc.) or have been employed (as an employee, adviser, consultant, etc.);

·        Your name, e-mail address, company name, phone number, country - information we collect on different websites, which contain that data on the Internet;

·        Your name, e-mail address, company name, phone number, country - information we collect on different social networks, which contain that data;

·        Device and usage data as provided below, when you visit the Website in order to review our Privacy Policy.

 

We may use this data for the following purposes:

·     EffectiveSoft has a legitimate interest to offer its products and services to potential customers, to personalize our offers, to know potential customer’s preferences and needs. So, we need this information to offer products and services that better meet the needs and desires of the potential customers. For example, we may contact you by phone and (or) email and (or) other means of communications to inform you about our services, discounts, new products, new features and capabilities, etc. We store such information as long as the above-mentioned purpose exists. You can object at any time to collecting and processing your personal data for this purpose by contacting us as specified under the “Contact Us” heading below.

·     We need this information to take steps at your request prior to entering into a contract. We may use this data to communicate with you and personalize our communications with you in order to take the above-mentioned steps. For example, we may contact you by phone and (or) email and (or) other means of communications to provide you with our response to your request sent to us, discuss details of your request, provide you with our proposal for your request and (or) templates of our contracts,   discuss terms of contracts and make changes in it, exchange signed copies of contracts between you and EffectiveSoft, etc. We may store such data from the moment of your request sent to us and until the moment of entering into a contract.

·      We need this information to perform a contract concluded between you and EffectiveSoft and provide services to you under the contract mentioned above. For example, we may contact you by phone and (or) email and (or) other means of communications to inform you and discuss with you details of services implemented under a contract. We may store such data during the term of a contract concluded between you and EffectiveSoft.

 

2. How We Use Personal Data

 

In addition to some specific ways of usage provided above, we may use information that we receive for the following purposes:

·      know your and other users’ preferences in order to better personalize our offers, offer products and services that better meet your and other users’ needs and desires, to provide personalized content and information to you and others in different forms of marketing;

·      maintain and improve the performance of the Websites and (or) the Software;

·      provide, improve, test, and monitor the effectiveness of the Websites and (or) the Software;

·      develop and test new features of the Websites and (or) the Software;

·      diagnose or fix technology problems;

·      keep our systems secure;

·      maintain appropriate business and financial records.

 

We don’t make automated decisions about you on the basis of the information we collect. We don’t sell, share, or rent information about you as described in this privacy Policy, for commercial purposes, to any person or organization.

 

By using the Software and (or) the Websites, you consent to the use of information about you as described in this Privacy Policy.

 

3. How We Store and Process Personal Data

 

Personal data collected by EffectiveSoft may be stored and processed in the United States, where EffectiveSoft hosts its Web services, and (or) in any other country where EffectiveSoft, its affiliates and subsidiaries, and (or) service providers maintain facilities. Thus, the information collected through the Software and (or) the Websites may be stored and processed in storage locations situated in other countries that may be outside the country you live and (or) may not have the same data protection laws as your country.

So, we may transfer personal data for storage and processing from the EU or European Economic Area to other countries as mentioned above, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do, we use a variety of legal mechanisms, including contracts and standard contractual clauses approved by the European Commission, to help ensure your rights and protections with your data.

 

If you access and use the Software and (or) the Websites, and (or) don’t object to receiving marketing e-mails from EffectiveSoft, you consent to the storage and processing of your personal data in storage locations situated in the USA, as well as you consent that your personal data may be transferred across borders to other countries, in which EffectiveSoft, its affiliates and subsidiaries, and (or) service providers maintain facilities, some of which have not been determined by the European Commission to have an adequate level of data protection.

 

EffectiveSoft retains personal data for as long as necessary to provide the services through the Software and (or) the Websites and fulfill the actions you have requested, or for other essential purposes such as complying with our legal obligations and enforcing our agreements. Because these needs can vary for different data types, actual retention periods can vary significantly. The exact terms for retention are provided under the “Personal Data We Collect” heading above.

 

4. Information We Share

 

We may share your information with EffectiveSoft-controlled affiliates and subsidiaries. We also share personal data with our service providers (third-party organizations that help us maintain the Software and (or) the Websites, store and process the data, and provide our services). In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose; as well as such companies are given access to your personal data only if it is reasonably necessary and under strict confidentiality terms. EffectiveSoft’s affiliates and subsidiaries, and (or) service providers may be located either in the USA or other countries or jurisdictions (please, read “How we store and process personal data” Section of this policy).

 

Furthermore, we may share your information in response to a legal request, if the law requires us to do so. We may also share information when it is possible to detect and (or) prevent fraud or other illegal activity.

 

5. What Safeguards We Use

 

We take every precaution possible to protect the security of our Users’ information. We use SSL encrypted technology to protect the transfer of data and personal information. We store any personal information on the custom secure servers and use state of the art, industry standard protections and procedures to ensure the safety of such information. We follow generally accepted industry standards to protect the personal information submitted via the Software and (or) the Websites, during transfer and once it has been received. Furthermore, we put in place the following safeguards and technologies that allow us to prevent and detect information disclosures:

·      Confidentiality agreements with EffectiveSoft’s affiliates and subsidiaries, and (or) service providers;

·      Data storage and transfer minimization strategies;

·      Information security policies and standards;

·      Firewall technologies;

·      Database audit and access protection;

·      Training and different awareness measures in order to ensure that our employees, affiliates and subsidiaries, and (or) service providers are accessing and processing your information in conformity with applicable data protection laws.

 

EffectiveSoft cannot ensure the security of any information you transmit to EffectiveSoft or guarantee that this information may not be accessed, disclosed, altered, or destroyed.

 

6. How to Access and Control Your Personal Data

 

If your personal information is protected by EU data protection law, you have the following data protection rights which you may be able to exercise by contacting EffectiveSoft using the contact details provided under the “Contact Us” heading below:

·      If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting EffectiveSoft.

·      In addition, you can object to processing of your personal information, ask EffectiveSoft to restrict processing of your personal information or request portability of your personal information by contacting EffectiveSoft.

·      You have the right to object to marketing communications that EffectiveSoft sends you at any time. You can exercise this right by contacting EffectiveSoft at any time. Furthermore, EffectiveSoft’s marketing emails have a confidentiality notice provided a reminder of this right mentioned above. 

·     If EffectiveSoft has collected and processes your personal information based on your consent, then you can withdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing EffectiveSoft conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

 

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, EffectiveSoft may charge a reasonable fee or refuse to comply with your request if your request is clearly unfounded, repetitive or excessive. EffectiveSoft tries to respond to all legitimate requests within one month. Occasionally, it may take longer if your request is particularly complex or you have made a number of requests. In this case, EffectiveSoft will notify you and keep you updated.

 

7. Links  

 

The Software and (or) the Websites, and (or) e-mails from EffectiveSoft may contain links to various third party websites. EffectiveSoft has no control over, and is not responsible for the content, privacy policies or reliability of such sites.

 

Please, remember that when you use a link to go from the Software and (or) the Websites, and (or) e-mails from EffectiveSoft to another website or service, our Privacy Policy does not apply to those third-party websites or services. It is subject to that third party's own rules and policies.

 

8. Cookies

 

Cookies are a kind of small textual data files that are stored on various users’ devices including laptops, smartphones, and tablets. Such files identify the browser or devices and serve for delivering, securing and understanding services, products, ads.

Cookie files, local storage or other similar mechanisms help to present relevant content, provide faster response and help to protect our websites and the users. Such technologies collect information about the user (name, language, region, etc.), how the service is used, as well as cookies remember all the changes that users make. These data allow us to provide high-quality service with enhanced features and relevant content.

When you visit the Websites, the Websites use the following Cookies: data about your device and the network you use to connect to the Websites. It includes data about the operating system, browser type, and number of clicks, domain name and country/state of Users. It also includes IP address, regional and language settings.

If you do not agree to certain uses of Cookies detailed above, you can exercise certain choices through your browser settings or by not using the Websites. Your browsers provide instructions that allow modifying the cookie settings. The instructions are usually placed into the "Help", "Edit" or "Tools" facilities. If you choose to reject cookies via your browser settings, you may still use the Websites, but your access to some functionality and areas may be restricted.

 

9. Changes to This Privacy Policy

 

We reserve the right to change this Privacy Policy ("Updated Policy") from time to time. You agree that we may notify you of the Updated Policy by posting them on the Websites. If you use the Software and (or) the Websites, and (or) receive a marketing e-mail from EffectiveSoft after the effective date of the Updated Policy, you accept to the Updated Policy automatically.

 

The effective date of the Updated Policy will be the time of posting, or the later date specified in the Updated Policy. The Updated Policy will be applied to your use of the Software and (or) the Websites, and (or) marketing e-mails from EffectiveSoft from the effective date as mentioned above.

 

10. Contact Us

 

If you have privacy concern, compliant, or any question about this Privacy Policy, please contact us at:

 

EffectiveSoft, Corp.

4445 Eastgate Mall, Suite 200

San Diego, CA 92121, USA

Or by e-mail:

official@effectivesoft.com

 

Unless otherwise stated, EffectiveSoft Corporation is a data controller for personal data we collect subject to this policy. Our address is EffectiveSoft Corporation, 4445 Eastgate Mall, Suite 200, San Diego, CA 92121, USA, official@effectivesoft.com 

 

To find EffectiveSoft’s affiliates and subsidiaries, please, see https://www.effectivesoft.com/contact.php