LAST UPDATED: April 1, 2019
TABLE OF CONTENTS:
1. Information We May Collect
2. Use of Information
3. Sharing of Information
4. Cookies and Similar Technologies
5. Data Retention
6. Choices and Opt-Out
7. Cross-Device Tracking
8. Accessing and Correcting Your Personal Information
9. Employment Opportunities
10. Third Party Sites
13. International Data Transfers
14. California Privacy Rights
15. Questions, Complaints and Disputes
17. Affiliates of Exari Group, Inc.
Due to the global nature of the Exari Services, our privacy practices may vary among the states, countries and regions in which we operate in order to comply with applicable legal requirements.
1. INFORMATION WE MAY COLLECT
The Exari Services gather certain information automatically, some of which may be considered personal information under applicable law. For example, in Australia, personal information means information or an opinion about an individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not.
We only collect personal information for the purposes of conducting our business, including in relation to the licensing and implementation of the Exari Services. We collect, process, share, and retain information from you and any devices you may use when you access our WebSites, use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or otherwise correspond with us. The specific information we collect depends upon your use of the Services and WebSites, and is described below:
The type of personal information we collect depends on your relationship with us – whether you are a customer, prospective customer, an end user of our customers’ services that utilize our technology solutions, a prospective employee or whether you are simply visiting our WebSites. Examples of the types of information we collect are:
- Your name, date of birth and contact details, including phone number, email address and postal address
- Your contact details at a business that is a sales lead
- Your credit card, bank account and wire transfer details
- Your passwords and/or personal identification codes (PINs)
- Your tax file number or other government related identifiers (if you are an employee or prospective employee)
- Your employment history and qualifications, and background checks relevant to your job application
- Employee number
- Your testimonials, feedback and complaints
- Fax number
- Professional information, such as employer or organizational affiliation for a customer or partner
- Screen name
- Screen sharing views, at the request of customers, for support and quality assurance (“QA”) purposes
- Any data in any files uploaded, emailed or otherwise provided by customers for support and QA
- Operating system type and version, web server type and version, database type and version
- Unique IDs such as a cookie placed on a computer or mobile device, or device IDs
- IP address or MAC address, and information derived from an IP or MAC address, such as geographic location
- Browsing activities, cookies and similar data, and platform or mobile application use data
- Referring domain, destination domain and destination path
- Geolocational data, including latitudinal and longitudinal data
- User IDs and passwords for customers with accounts on the Exari Services
- Information about the performance, security, software configuration and availability of our software on your servers and network
- WebSite user statistics and website and viewing activity records
- Communication preferences
- Other similar information
We may collect your personal information in a number of ways, including in person, by telephone, by email or electronically when you contact us or visit our website to:
- Registration, purchase and use of the Exari Services: Information such as name, email address, telephone number, company/organization, financial information, and other information, may be collected in connection with registration for, purchase of or use of the Exari Services (for example, to sign-up for and log into the Exari Services or executing a demo of our software on our WebSite). Customers may update their information by logging into their account. Information may also be collected to track license use.
- Communications: Personal information such as name, email address, and other information, may be collected, when provided in any communications, whether via email, social media, telephone or otherwise. For example, we may collect such personal information when you request a brochure or product information, issue a request for proposal or attend Exari-sponsored events or conferences.
- Support: Personal information may be collected in connection with customer support, whether via screensharing, email, social media, telephone or otherwise.
- Surveys and Research: We may collect personal information from anyone participating in research and surveys.
- Information We Automatically Collect: We receive and store certain types of information whenever you interact with us or our Service. Our WebSites use “cookies,” tagging and other tracking technologies. This information includes computer and connection information such as statistics on your page views, traffic to and from our WebSites, referral URL, ad data, your IP address, and device identifiers; this information may also include your browsing history, transaction history, and your web log information.
- Information From Social Media and Other Sites: When you interact with our WebSites or Services on a social media platform, we may collect the personal information that you make available to us on that page, including your account ID or username. If you choose to log in to your Exari account with or through a social networking service, Exari and that service may share certain information about you and your activities.
- User Comments and Content: If you post any comments or content on our WebSites, you should be aware that any personally identifiable information you choose to provide there may be read, collected, or used by third parties. We are not responsible for the information you choose to submit and we cannot guarantee that third parties have not made copies of or will not use such information in any way.
2. USE OF INFORMATION
Exari may use the information, including personal information, collected in connection with the Exari Services for the purpose of providing the Services to our customers, as well as for supporting our business functions, such as fraud prevention, marketing, analytics and legal functions, and other legitimate purposes.
To the extent permitted by applicable law and, for customer data, as permitted by our customer agreements, we will use information collected in connection with our Services:
- To deliver our products and services, including our consultancy services, hosting services and data capturing services.
- To explore prospective sales leads.
- To provide, maintain, and improve the WebSites for internal or other business purposes.
- To fulfill customer requests, such as to create a Exari Services account or to provide, produce, and ship ordered products or requested services.
- To communicate with our customers; to inform customers and users of products, programs, services, profiles or transactions with us, and changes to our policies or terms, as applicable.
- To send offers, promotions, or other communications about our products and Services, including special or promotional events, including services, products, or events for which we collaborate or co-offer with a third party.
- To send customers information regarding the Exari Services, including information about features and enhancements on or to our WebSites and issues specifically affecting Exari Services.
- To respond to reviews, comments, or other feedback provided to us.
- To support, optimize, improve and personalize our Services, WebSites, and advertising, including tracking and evaluating the use of the WebSites.
- In the case of server logs, to help us statistically monitor how many people are using our site and for what purpose.
- To send newsletters or other materials.
- To protect the security and integrity of our Services, content, and our business.
- For benchmarking, data analysis, audits, developing new products, enhancing the Exari Services, facilitating product, software and applications development, improving our services, conducting research, analysis, studies or surveys, identifying usage trends, as well as for other analytics purposes.
- To perform statistical, demographic, and marketing analyses of users of the WebSites and their viewing patterns.
- To meet our contractual requirements, to comply with applicable legal or regulatory requirements and our policies, and to protect against criminal activity, claims and other liabilities.
- For any other lawful purpose for which the information is provided, including fulfilling requests for information.
Personal information under the control of users of the Exari Services. In some circumstances, we may access and use personal information that has been collected by a customer in the course of their use of our Services. This personal information remains under the control of the customer at all times. We will only use this information on a limited basis to fulfill our contractual obligations to the customer to:
- diagnose and address software programs;
- provide hosting services;
- fulfill IT-related duties for technical maintenance and the backup of the hosting environment;
- provide consulting services in relation to the installation and configuration of our software;
- assist with the preparation and migration of data to our software;
- develop product enhancements; and
- provide data capturing services.
Aggregate Information. To the extent permitted by applicable law, we may use, process, transfer, and store any data about individuals and customers or partners in an anonymous (or pseudonymous) and aggregated manner. We may combine personal information with other information, collected online and offline, including information from third party sources. We may also use information in other ways with consent or as permitted by applicable law. By using the Exari Services, our customers agree that we are hereby licensed to collect, use, share and store anonymized (or pseudonymized) aggregated data collected through the Exari Services for benchmarking, analytics, A/B testing, metrics, research, reporting, machine learning and other business purposes.
Automated Decisions. To the extent permitted by applicable law, we may collect data in an automated manner and make automated decisions, including using machine learning algorithms, about individual users of the Exari Services in order to provide or optimize the Exari Services offered and/or delivered, for security or analytics purposes, and for any other lawful purpose.
3. SHARING OF INFORMATION
To the extent permitted by applicable law, Exari may share and disclose information, including personal information, as set forth below:
- Customers. We may share information with our customers and their service providers and other platforms that may assist those customers.
- Affiliates and Agents. We may share information with our affiliates or any business partners or agents acting on our behalf.
- Service Providers. We may share information with our service providers (e.g. data storage and payroll service providers), agents, vendors and other third parties we use to support and advertise the Exari Services and our business. We share personal information with such third parties to the extent necessary to provide services to us, and pursuant to binding contractual obligations.
- Advertising and Marketing. To the extent permitted by applicable law, we may share information with third parties for marketing, advertising, promotions, contests, or other similar purposes. If required by applicable law, we will share such data for advertising and marketing purposes only in an aggregate, anonymous, and de-identified manner.
- Mergers, Acquisitions, Divestitures. We may share, disclose or transfer information to a buyer, investor, new affiliate, or other successor in the event Exari, or any affiliate, portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition, joint venture, consolidation, reorganization, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets of Exari or any affiliates or during steps in contemplation of such activities (e.g., negotiations and due diligence).
- Law Enforcement and National Security. We may share information with legal, governmental, or judicial authorities, as instructed or required by those authorities or applicable laws, or to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, government request, regulatory request, law enforcement or national security investigation, or as otherwise required or authorized by law.
- Protection of Rights, Property or Safety. We may also share information if, in our sole discretion, we believe disclosure is necessary or appropriate to protect the rights, property or safety of any person, or if we suspect fraud or other illegal activity,
Exari may also disclose personal information for other purposes or to other third parties when an individual has consented to, or requested, such disclosure, or where a customer has obtained permission from such individual, or where such disclosure is otherwise legally permitted for legitimate business purposes, and, for customer data, with such customer’s authorization or otherwise in accordance with Exari’ agreement with such customer.
4. COOKIES AND SIMILAR TECHNOLOGIES
We may use the following types of cookies and similar technologies:
- Essential/strictly necessary cookies required for the operation of the Exari Services. They include, for example, cookies that enable you to log into secure areas.
- Analytical/performance cookies that collect information about how you use the Exari Services. They allow us to recognize and count the number of visitors and to see how visitors move around our WebSites. This helps us to improve the way our WebSites work. [These cookies are sometimes placed by third party providers of web traffic analysis services.]
- Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region) or allow the pre-population of certain resource request forms, making it easier for you to access Exari content.
Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may encounter limitations using the Exari website and accessing certain pages, specifically password-protected pages.
For more information, visit the help page for your web browser or see http://www.allaboutcookies.org or visit www.youronlinechoices.com which has further information about behavioral advertising and online privacy.
We may use third party analytics such as Google Analytics or similar analytics services. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout .
5. DATA RETENTION
To the extent permitted by applicable law, we may retain information for as long as the account of the customer for whom we collected the information is active, for at least six (6) months thereafter, or as long as is reasonably necessary to provide the Exari Services or as needed for other lawful purposes. We may retain cached or archived copies of information. We may retain anonymized or pseudonymized, aggregated data indefinitely, to the extent permitted under applicable law. We may be required to retain some data for a longer period of time because of various laws and regulations or because of contractual obligations. We also will retain information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Once information is no longer needed for the purposes for which it was collected, we will take reasonable steps to de-identify and destroy it.
6. CHOICES AND OPT-OUT
To the extent required by applicable law, or in our discretion otherwise, we will allow customers and individuals to limit use of personal information. If at any time after providing us with your personal information such information changes or you change your mind about receiving information from us, you may request access to your data or that your data be changed.
You may elect not to identify yourself or you may use a pseudonym in your dealings with us, except where it is impracticable for us to deal with you on this basis (for example, we will need to identify you in order to provide most of our products and services).
We may use your personal information for direct marketing. This includes the use of personal information to:
- invite you to a user conference; and
- notify you about an existing or new product or service.
If you prefer not to receive these communications from us, you may ask us at any time to stop sending you direct marketing information or to stop being contacted by us. You can do this by emailing us at firstname.lastname@example.org.
7. CROSS TRACKING
When you use your mobile device to interact with us or use the Exari Services, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.
8. ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
We will, upon your request, and subject to any exemptions under applicable privacy laws, provide access to the personal information that we hold about you. We will need to first identify you and understand the type(s) of information you wish to access. We will promptly deal with access requests. If we deny access to all or any part of the personal information that you request, we will notify you of our reasons in writing and explain how you can complain if you are not satisfied with our decision.
You can ask us to confirm whether we are processing your personal data, or to correct or update personal information we hold about you at any time. We will need to verify your identity. We will also independently take reasonable steps to correct personal information we hold if we are satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading, having regard to the purpose for which it is held. Please also see “Additional Rights” section below.
If you require access to, or wish to update your personal information, please contact us at email@example.com.
9. EMPLOYMENT OPPORTUNITIES
We provide you with a means for submitting your resume or other personal information through our WebSite or Services for consideration for employment opportunities at Exari. Personal information received through resume submissions will be kept confidential. We may contact you for additional information to supplement your resume, and we may use your personal information within Exari, or keep it on file for future use, as we make our hiring decisions.
10. THIRD PARTY SITES
We hold your personal information in both electronic and hardcopy files. We use security techniques to protect your personal information that we hold from misuse interference and loss, and from unauthorised access, modification or disclosure. The techniques we use include firewalls, encryptionand access control procedures. For example, when you use Exari software over the internet, the information exchange between you and the Exari software is encrypted using the Secure Sockets Layer (SSL) protocol.
To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of personal information, we employ procedural and technological measures that are reasonably designed to help safeguard the information we collect. All our employees are bound by non-disclosure agreements intended to prevent them from disclosing any personal information. Further, our employee guidelines state that our employees must abide by all state and federal laws and regulations in the performance of their employment duties. Our policies also limit access to personal information to only those employees, contractors, agents or representatives that require the information to perform their jobs or assist us with providing our products and services to you.
Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Therefore, despite our efforts, we cannot guarantee its absolute security. We do not warrant or represent that personal information about you will be protected against, loss, misuse, or alteration by third parties.
If you use the Services, you are responsible for maintaining the confidentiality of your access information and password. You are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your password. We cannot secure any personal information that you release on your own, that you request us to release or that is released through another third party to whom you’ve given access.
Where required under applicable law or by contract, we will notify the appropriate parties or individuals of any loss, misuse or alteration of personal information so that such parties or individuals can take the appropriate actions for the due protection of their rights. If such personal information is information of a Exari customer, we will notify such customer and coordinate with them regarding any required notices to particular individuals.
13. INTERNATIONAL DATA TRANSFERS
14. CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use may be entitled to request and obtain from us, once per calendar year, information about customer information we have shared, if any, with other businesses for such other businesses’ own direct marketing uses. If applicable, this information would include the categories of resident information and the names and addresses of those businesses with which we shared such resident information for the immediately prior calendar year. To obtain this information, please contact us as indicated below. Please include sufficient personal identification information so that we can process the request, including that you are a California resident.
15. QUESTIONS, COMPLAINTS AND DISPUTES
If you have questions, concerns, or complaints about this Policy or our privacy practices, please contact our Privacy Officer by email at firstname.lastname@example.org or by telephone on +61 3 6921 2775. We will respond to your inquiries as soon as is practicable.
A. CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
B. DISPUTE RESOLUTION
17. AFFILIATES OF EXARI GROUP, INC.
- Exari Systems, Inc. (Boston, MA, USA)
- Exari Solutions (Europe) Limited (Dundee, Scotland)
- Exari Systems GmBH (Munich, Germany)
- Exari Systems Pty Ltd (Melbourne, Australia)
- Exari Norway AS (Oslo, Norway)
- Exari Limited (London, England)
- Exari Vision Inc (Chicago, IL, USA)