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Privacy Policy

February 28, 2019

This is the Privacy Policy of Positive Technologies Holding AG, which is doing business as Positive Technologies (the Company, we, or us). The Company is registered in Switzerland with company number CHE-242.779.821 and its registered office located at 6302 Zug/ZG, c/o Bruhin Klass AG, Baarerstrasse 12, 6300 Zug, Switzerland.

We are committed to protecting your privacy. Please read this Privacy Policy to understand how we collect and use the information you provide to us when you visit this website, use our products and services, contact us, or apply for a job.

Your use of our website, products and services means unconditional acceptance of this Policy and the personal data processing conditions specified therein. If you disagree with this Policy, you should immediately stop using our website, products and services.

This Privacy Policy is applied to this website, services, social networks’ accounts, and other products (Services) of the Company through which we collect personal data and which refer to this Privacy Policy. This Privacy Policy does not apply to the Company's websites that do not have a link to this Privacy Policy or contain a link to a document other than this Privacy Policy regarding the processing of personal data.

In this Privacy Policy, we disclose how we process personal data when using the Company's Internet sites. Being the experts on protection of various types of infrastructures, devices, and data, we understand the importance of an appropriate approach to privacy and data security and adhere to the principle of comprehensive and complete protection of our users' personal data.

This Privacy Policy is prepared in compliance with the requirements of the substantive laws of Switzerland and the European Union (EU) General Data Protection Regulation (EU) 2016/679 (GDPR).

1. General Information

Personal data means any information relating to an identified or identifiable person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. In other words, personal data includes all information that can identify a person. For example, last name, first name, middle name, patronymic, job title, CV, e-mail address, telephone number, and other information.

Personal data also includes technical information, if it can identify an individual. For example, IP address, type of operating system, type of device (personal computer, mobile phone, tablet), type of browser, geographic location, the fact of filling in the web form, and Internet provider.

If we cannot relate the information to the individual in any way, we will not treat this information as personal data.

You understand that we process only those personal data that we have received from you, as from an individual using our website and Services.

This Privacy Policy defines the Company's policy of processing and protection of personal data and is available at https://positive-tech.com/legal/privacy-policy/. The Company also provides unrestricted access to the Privacy Policy to any person who has personally contacted the Company.

The Company may process personal data both with or without the use of automation tools. Such processes may include without limitation collection, recording, systematization, accumulation, storage, changing (updating, modification), electronic copying, extraction, use, transmission (distribution, provision, access), depersonalization, removal and destruction of personal data.

The Company processes and stores personal data on servers located on the territory of Germany, EU.

The Company does not verify the reliability of the personal data provided by an individual and his or her legal capacity. You guarantee that all data are true, up-to-date and do not violate relevant legislation on personal data.

2. What information we collect

We may collect:

  • your full name and username or such names as you may represent to us;
  • name of the company where you are employed or which you represent, your job title;
  • your contact details such as email address, telephone number, mobile number;
  • record of your correspondence with us, including any information that you provide to us in your messages and emails;
  • information you provide to us to receive technical assistance or during customer service interactions;
  • information about your computer or device, including browser type and settings, IP address and traffic data relating to your Internet connection;
  • information automatically obtained when you access our Services, including access to our websites using cookies;
  • aggregated data or other information that does not specifically identify you, such as actions taken on our website.

3. How we collect your information

  • on our websites and Services
  • by you signing up for our products or services
  • through social media
  • in response to marketing or promotional communications
  • through participation in partner or bonus program
  • in connection with an actual or potential business
  • in connection with employment relationship with us.

4. Purposes and legal basis of processing. How we use your information.

We may use your information to:

  • provide access to our Services;
  • provide, facilitate and support our products and services;
  • perform the contract we have with you;
  • identify you as a user;
  • getting feedbacks from you, communicate with you and respond to your requests;
  • deliver newsletters, product updates and technical alerts;
  • evaluate, analyse and improve our products and services, for example by collecting feedback from you;
  • secure our systems and applications;
  • allow you to view the information on our website;
  • provide you with a customised experience when you visit our website;
  • enforce our legal rights and comply with law.

To get in touch with you, the Company may use the telephone number and e-mail address provided by you.

We process your data in accordance with the above stated purposes on the basis of the contract serving as the legal ground. If processing is made under consent of the data subject as a different legal basis, such consent shall be taken separately.

We collect your e-mail for responding to your queries or sending you our software trial version, we request you to provide your name to able to personalize our communication with you. For faster response we may also ask you for your phone number; however, in some forms provision of this information is optional. Your data is important to us for proper provision of our services to you. We will not be able to provide our services to you without this data.

5. How long we keep your information

We keep your information only for as long as is necessary for the purposes for which it was collected, or as required by law. We keep your information collected on our website for the following terms:

  • information collected through the Contact Us form is kept for the term necessary for the response on your question;
  • information collected though the Free Test Drive form is kept for the term necessary for the provision of the test drive;
  • archived information is kept for the term of five years.

6. How we protect your information

We are committed to ensuring security of your information. We make every effort to hold your information secure in accordance with our internal security procedures and applicable law. Appropriate security measures are in place to protect against loss, misuse or alteration of your information. Specifically, we use the following measures to protect your personal information:

  • development of local regulations of the Company implementing the requirements of personal data legislation, including GDPR;
  • refusal from personal data processing, if the methods of such processing do not meet the purposes of processing predefined by the Company;
  • granting access to personal data to a limited number of people;
  • ensuring that those persons who have access to personal data, have read and understood the applicable laws on the processing and protection of the personal data;
  • application of cryptographic protection instruments to information containing personal data;
  • restricted access to information resources and data processing facilities;
  • use antivirus tools for personal data security system;
  • access mode to the Company’s premises;
  • appointment of the person responsible for processing of personal information. You can contact this person using the following e-mail address: dpo@positive-tech.com;
  • periodic assessment of risks related to the processing of personal data;
  • conducting internal investigations to detect facts related to unauthorized access to personal data:
  • trainings of Company's employees related to personal data processing;
  • both the Company and third parties which are involved into personal data processing shall maintain confidentiality of personal data and not to use personal data without legal grounds for processing.

7. How we share your information. International Data Transfers.

Positive Technologies is an international company. That is why we may transfer your personal information to recipients outside the country where you are located. Data protection laws in those countries may differ from the country in which you initially provided the information. We will protect all personal data transfers to other countries as described in this Privacy Policy. By submitting your information to us, you agree to the transfer of your information abroad for the fulfilment of your voluntary requests. To meet the purposes for which your information was collected we may transfer your data to the following countries: Ireland and USA (Google Analytics) and Germany (Amazon Web Services hosting). When it is necessary to meet the purposes for which your information was collected we may also share your information with other companies operating under Positive Technologies brand on the following territories: UK, Italy, Czech Republic, Russia, Brazil, and South Korea.

Whenever we share or transfer your information, we do so in accordance with this Privacy Policy and the law, and take all reasonable steps to ensure that your information is treated securely.

We may disclose your information to law enforcement and other government agencies, if we are obliged to do so by law.

We may also share your information with third parties, including but not limited to service providers who process information on our behalf, including providers of information technology, website hosting and management, data analysis, data back-up, security and storage services, as well as to consultants, partners, providers under the agreements, and agents.

We may also transfer your personal data to the third parties stated below and for the following purposes:

Google Analytics

Google Analytics uses traffic log cookies to gain information about the use that is made of pages on our website. We use this information to generate reports on how our website is used to help us improve it. We do not retain any data specific to any identifiable user. The services are provided by Google LLC. and Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, as well as Google Ireland Limited (as applicable), located at Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (collectively “Google”). All information is processed by Google in compliance with Privacy Shield and Data Processing Amendment to the Google Analytics Agreement, including cross-border processing. To get more information about how Google processes your personal data please see its Privacy Policy;

Amazon Web Services

Amazon Web Services is a secure cloud services platform, offering compute power, database storage, content delivery and other functionality to help businesses scale and grow. We use this service to store your data. The services are provided by Amazon Web Services, Inc., located at Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210 and Amazon Web Services EMEA SARL, located at Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855, Luxembourg (collectively “Amazon”). All information is processed by Amazon in compliance with Privacy Shield and AWS GDPR Data Processing Addendum, including cross-border processing. To get more information about how Amazon processes your personal data please see its Privacy Notice.

Microsoft Office 365

Microsoft Office 365 is a cloud-based subscription service that offers tools to work with documents and e-mail in such apps like Excel and Outlook. The services are provided by Microsoft Corporation, located at One Microsoft Way, Redmond, WA 98052-6399. All information is processed by Microsoft Corporation in compliance with Privacy Shield, including cross-border processing. To get more information about how Microsoft Corporation processes your personal data please see its Privacy Statement.

8. Profiling

Profiling means any form of automated processing of personal data that divides natural persons into groups (profiles) depending on their behavior, interests, and more specific characteristics. We do profiling by means of Google Analytics. You can find more details here: About Demographics and Interests. In any case, your data processed for profiling purposes will not be transferred to third parties and publically shared.

9. Third party websites

Our website may contain links to other websites of interest. However, we do not have any control over other websites and cannot be responsible for the protection of any information which you may provide them.

We encourage you to exercise caution and look at privacy statements on the websites you visit after you leave our website.

10. Termination of personal data

We terminate your personal data if:

  • there is a threat to Services’ security;
  • the purposes of personal data processing were achieved;
  • there is no further need to achieve the purposes of personal data processing;
  • you violated the terms of this Policy;
  • the term of personal data storage has expired;
  • the contract has expired or was terminated.
  • you requested us to do so or if you recalled your consent to process personal data.

11. How you can control your information

Please contact our data protection officer (DPO) at dpo@positive-tech.com for any queries related to your personal data, including:

  • the right to request a copy of the information we hold about you, if you would like a copy of some or all of your personal information;
  • if you believe that any information we hold about you is incorrect or incomplete, please, send us an email to let us know which information should be updated or deleted;
  • the right to erase your personal data, if you no longer want us to process it;
  • the right to restrict our processing of your data when such restriction is applicable to you under the relevant data protection legislation;
  • the right to withdraw your consent at any time when your consent was given by you as necessary for the data processing.

We will respond to your request to access, amend or delete your information or to any other queries related to your personal data processing within a reasonable period of time.

You may also lodge a complaint with a supervisory authority when you believe your personal data is processed unlawfully.

12. Cookies

A cookie is a piece of text that gets entered into the memory of your browser by a website, allowing the website to store information on your machine and later retrieve it.

We use cookies so that we can remember the language in which you use our website, and better serve you when you return to our website.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

13. Changes to this Policy

We keep this Privacy Policy under regular review. The Company has the right to make changes to the Policy, if necessary. Mandatory update of Privacy Policy is made in case of significant changes in international or national personal data legislation. The revised Privacy Policy will apply from the date when it is posted on our website. The date when the revised Privacy Policy is coming into effect will be stated in the Privacy Policy. You should check this page occasionally to ensure that you are happy with any changes. We will notify you of any changes to the Privacy Policy to your e-mail address, if we process your personal data,

This Privacy Policy was created with brevity and clarity in mind. We will be happy to provide you with any additional information or explanation you may need. Please send your questions and comments to dpo@positive-tech.com or 6302 Zug/ZG, c/o Bruhin Klass AG, Baarerstrasse 12, 6300 Zug, Switzerland.