AppSense Limited (“AppSense”) is committed to protecting your privacy. We have prepared this Privacy and Cookies Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our websites, including those located at www.myappsense.com, www.appsenseexchange.com and www.fflickit.com (together “Member Websites” and individually “Member Website”), www.appsense.com (“Website”), and related products ((the “Products”), and related services.
1. USER CONSENT. By submitting Personal Data through the Website, Member Website, Products, or related services, you agree to the terms of this Privacy and Cookies Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy and Cookies Policy.
2. A NOTE ABOUT CHILDREN. We do not intentionally gather Personal Data about visitors who are under the age of 13.
3. A NOTE TO USERS OUTSIDE OF THE UNITED STATES. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. We adhere to and have certified our compliance with the Safe Harbor Privacy Principles, including notice, choice, onward transfer, security, data integrity, access, and enforcement, of the United States/European Union Data Protection Safe Harbor Framework and the United States/Switzerland Data Protection Safe Harbor Framework, both of which are made available by the U.S. Department of Commerce at http://www.export.gov/safeharbor. Our certification can also be viewed at http://www.export.gov/safeharbor. Personal Data collected within the European Economic Area (“the EEA”) may be transferred to countries outside the EEA however we will take steps to ensure that your personal information will be afforded the level of protection required of us under applicable data protection legislation and this policy.
4. TYPES OF DATA WE COLLECT. AppSense collects Personal Data, Anonymous Data and Content Data from you when you visit our site, when you send us information or communications, and/or when you download and use our Products. “Personal Data” under this policy means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data and which therefore does not identify you whether by itself or when combined with any other data held by us or other third parties as relevant, such as information about a user’s IT environment including the number of applications a user has installed on their computer or device, the IP address (as defined below) of that computer or device, the frequency by which they are accessed and the version number of each application which the user’s computer/device is using; Anonymous Data does not permit the identification of individual persons. “Content Data” means data related to content you send through our Products (e.g., document type, data texts, data text to, data text from, etc.) and may include Personal Data. We collect Personal Data, Anonymous Data and Content Data as described below.
4.1 Personal Data You Provide to Us. We may collect Personal Data from you, such as your first name, last name, email address, mailing address, phone number, professional title, company name, and password, when you download and install the Products and create an account to log in to the Member Site. When you order Products or services that require a fee, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information. We may also retain information on your behalf, such as files and messages that you store on the Member Website. If you provide us feedback or contact us via e-mail (e.g., in response to an employment opportunity posted on our website), we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume. When you participate in one of our surveys, we may collect additional profile information such as your name, location, your company and details regarding your use or opinions of our products and services. When you post messages on the message boards of our website, the information contained in your posting will be stored on our servers and other users will be able to see it. We also collect other types of Personal Data that you provide to us voluntarily, such as your salary and education information, ethnicity and contents of your resume when you apply for a position with AppSense through the Website. We may also collect Personal Data, such as demographic information from you via the Products or at other points in our website that state that Personal Data is being collected.
Your use of the website indicates and constitutes your acceptance of the cookies referenced in this policy. However, if you do not wish to receive Cookies, or want to be notified of when they are placed, your browser may permit you to do so. In many browsers, you can change the browser settings to warn you before accepting cookies or to block cookies. If you block cookies, you may not be able to use certain website features or functions, or the websites, Products or related services may not operate in an optimal mode.
4.3 Content Data Collected via Products. Some of our applications allow you to move your content from one device to another device. In order to facilitate the movement of your content from one device to another, we need to collect certain Content Data from you. We will use this Content Data to provide the services contemplated by the technology you have purchased from us or the service you have subscribed to with us. We may generate anonymous content from the Content Data which we may use to enhance our technology and share with third parties so they can understand the types of content being moved from device to device and the frequencies of such moves; provided, we will not share your Personal Data with a third party unless described elsewhere in this Privacy and Cookies Policy.
5. USE OF YOUR DATA
5.1 General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. AppSense uses your Personal Data in the following ways:
• to facilitate the creation of and secure your account on our network;
• identify you as a user in our system;
• provide improved administration of our websites, Products and related services;
• provide the Products and services you request;
• improve the quality of experience when you interact with our websites, Products and related services;
• to determine your location;
• send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;
• send you administrative e-mail notifications, such as security or support and maintenance advisories;
• respond to your inquiries related to employment opportunities or other requests;
• to make telephone calls to you, from time to time, as a part of secondary fraud prevention or to solicit your feedback; and
• to send newsletters, surveys, offers, and other promotional materials related to our websites, Products and related services and for other marketing purposes of AppSense.
5.2 Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data, along with the Content Data, to analyze request and usage patterns so that we may enhance the content of our websites, Products and services and improve site navigation. AppSense reserves the right to use and disclose Anonymous Data and Content Data to our truest third party companies for those purposes.
5.3 Feedback. If you provide feedback on any of our websites, Products or related services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Data. AppSense will collect any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy and Cookies Policy.
6. DISCLOSURE OF YOUR PERSONAL DATA
6.1 Affiliates. We may share some of your Personal Data with our parent company, or any subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”), now or in the future, to facilitate the provision of our products and services to you, in which case we will require our Affiliates to honor this Privacy and Cookies Policy. If another company acquires all or substantially all of AppSense’s equity or our assets, including by way of merger or bankruptcy proceedings, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy and Cookies Policy.
6.2 Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), AppSense may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws as required or permitted by law; or (b) protect or defend the rights or property of AppSense or users of the Products or related services.
7. THIRD PARTIES
7.2 Disclosure to Third Party Service Providers. Except as otherwise stated in this policy, we do not generally sell, trade, share, or rent the Personal Data collected from our services to other entities. However, we may share your Personal Data with third party service providers to provide you with the Products and services that we offer you through our websites; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; to process payments and employment applications; and/or to provide other services to the Company. These third party service providers are required not to use your Personal Data other than to provide the services requested by AppSense. You expressly consent to the sharing of your Personal Data with our contractors and other service providers for the sole purpose of providing services to you. AppSense does not disclose your Personal Data to third parties for the third parties' direct marketing purposes, unless you first affirmatively agree to such disclosure.
Notice to California Residents - Your California Privacy Rights (As Provided by California Civil Code section 1798.83).
A California resident who has provided Personal Data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Data was disclosed in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed. California Customers may request further information about our compliance with this law by e-mailing email@example.com. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
8. YOUR CHOICES REGARDING YOUR PERSONAL DATA
8.2 Changes to Personal Data. You may change any of your Personal Data in your account by contacting us directly (please see contact information below). You may request deletion of your Personal Data by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements) or we may instead choose to suppress your Personal Data rather than delete it in order that we can retain enough information to ensure that your preferences are respected in future. When we delete any information, it will be deleted from the active database, but may remain in our archives.
9. SECURITY OF YOUR PERSONAL DATA. AppSense is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account on certain of our websites, including the Member Website. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that AppSense cannot fully eliminate security risks associated with Personal Data and mistakes may happen.
10. CONTACT INFORMATION. AppSense welcomes your comments or questions regarding this Privacy and Cookies Policy. Please e-mail us at firstname.lastname@example.org or contact us at the following address or phone number:
3300 Daresbury Park, Warrington, UK, WA4 4HS
+44 (0) 845 223 2100
11. ENFORCEMENT. If you believe that AppSense has not adhered to this Privacy and Cookies Policy, please contact AppSense by e-mail at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and AppSense are unable to reach a resolution to the dispute, you and AppSense will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org).
12. CHANGES TO THIS PRIVACY AND COOKIES POLICY. This Privacy and Cookies Policy is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website. Any material changes to this Privacy and Cookies Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our website, Products or related services. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy and Cookies Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our websites, Products, or related services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
This Privacy and Cookies Policy was last revised on 4 September 2012.