Privacy Policy

Last Updated: June 12, 2018

 

1. Introduction.

The www.getzephyr.com website is operated by D Software Inc., d/b/a Zephyr, a Delaware corporation, with our offices located at 75 East Santa Clara Street, Floor 7, San Jose, California 95113 (“we” or “us” or “Zephyr”). This Privacy Policy applies to the www.getzephyr.com website and to any other website offered by us that references or links to this Privacy Policy (collectively, the “Site”) and to any software offered by Zephyr (the “Service”). This Privacy Policy does not alter the terms of any other agreement that you may have with us, such as an End User License Agreement. Along with this Privacy Policy, please read our Terms of Use, which are hereby incorporated and made part of this Privacy Policy.

This Privacy Policy informs you of our policies regarding the collection, use and disclosure of information, including personal information (defined below) when you use our Site and our Service. It also explains your choices regarding our use of your personal information and how you can access and update this information.

In this Privacy Policy where we use the word “personal information” we use these words to describe information that is about you and which identifies you.

We are the data controller for the purpose of data protection law, in respect of personal information collected and used through your use of the Service. This is because we dictate the purpose for which your personal information is used and how we use your personal information.

 

2. Information We Collect.

Information You Provide to Us.

Personal information we collect includes the following: your full name, login name, email address, company name, company and user’s location/region, ip address, domain name, browser information, operating system, phone number, and/or banking and/or credit card information for collection purposes.

For example, when you sign up to the Site or the Service or when you subscribe to our newsletter on the Site, we collect personal information you provide, such as your first name, last name and email address. We may also collect personal information when you participate in blogs, forums or other features on the Site, such as by posting questions or comments to “Ask the Community.” You may be asked to provide personal information in order to view, access and/or download certain documentation from the Site or to access and use the Service. We may use links throughout the Site to provide you with an opportunity to contact us via email to ask questions, request information and materials, or provide comments and suggestions. You may also be offered the opportunity for one of our representatives to contact you personally to provide additional information about the Site or the Service.

Information We Collect About You.

We may also collect personal information about you through your use of the Service. This information includes information about how the Site and Service are accessed and used, such as how many people visit the Site, the type of browser or operating system visitors use to access the Site or Service, internet protocol (“IP”) address used to connect your computer to the internet, the name of the internet service provider, device type used to access the Site (i.e., computer or mobile device), geographic data, the full Uniform Resource Locator (“URL”) click path taken to, through and from the Site, including date and time, and use of features or applications on the Site or the Service.

Cookies.

Technologies we use on the Site and the Service to collect technical information may include cookies (data files with a small amount of data, which may include an anonymous unique identifier), mobile analytics software, and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser. A session is the period of active Site-use or Service-use during which that unique visitor is linked to our server. When you use and access the Site or the Service, we place a number of cookies files in your web browser. We use both session and persistent cookies on the Site and the Service, and we use essential cookies and analytics cookies. We use essential cookies to authenticate users and prevent fraudulent use of user accounts. We use analytics cookies to track information how the Site and the Service are used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Site or the Service to see how our users react to them. In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Site and the Service, deliver advertisements on and through the Site and the Service, and provide other information to us. A pixel tag may tell your browser to get content from another server.

To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions from your browser. If you do disable or opt out of receiving cookies, please be aware that some features on the Site or the Service may not work as intended and you may not have access to all of the features and services we may offer, you may not be able to store your preferences, and some of our pages might not display correctly.

 

3. Information We Receive From Third Parties.

We may also receive information about you (including personal information) from third parties, including our third-party service providers.  For example, if you are on another website and you opt-in to receive information about us that website will forward us your email address and other information about you so that we may contact you as requested.  We may combine the information we receive from third parties with information we collect through the Site.  In those cases, we will continue to apply this Privacy Policy to any personal information received pursuant to this Privacy Policy unless we have disclosed otherwise.

Zephyr also uses analytics services that provide us with certain information when you use the Site and the Service, such as IP address, MAC (“Media Access Control”) address or other unique identifier for the device you use to access the Site and other information to gather operational and marketing data about our online visitors’ usage for our business purposes. 

 

4. How We Use Your Information.

We collect, receive and use your personal information for a variety of business purposes, including to communicate with you and respond to your requests, to provide the products and services that you request, to communicate with you about our products and services, to fulfill and complete your transactions, to provide you with information about the Site and the Service, to send out emails, surveys or newsletters, to manage complaints, feedback and other questions, to comply with applicable laws and regulatory obligations, and to do all things necessary to administer, protect, improve and manage the Site and the Service. We use non-personal information to help us improve and customize the Site and the Service. We, or our service providers, may place cookies or similar files on your computer or other devices used to access the Site or the Service for security purposes, to facilitate navigation, and to personalize your experience while visiting the Site.

Purpose

Legal Basis

To communicate with you and other individuals and respond to your requests

For our legitimate business purposes (i.e., the provision of the Site and our Service)

To provide products and services that you request and to provide you with the Site and the Service

For our legitimate business purposes (i.e., the provision of the Site and our Service), and depending on the circumstances, to perform a contract between you and us

To communicate with you about the products and services we offer (including details of any products or services which we believe may be of interest to you) in accordance with your preferences as indicated when you entered into any agreement with us, including any marketing consent preferences

For our legitimate business purposes (i.e., the provision and promotion of the Site and our Service)

We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law

To fulfil and complete your transactions

To perform a contract between you and us

To provide you with information about the Site and the Service (including to notify you about changes to the Site or the Service)

For our legitimate business purposes (i.e., the provision of the Site and our Service)

To audit and monitor the use of the Website

For our legitimate business purposes (i.e., the provision of the Site and our Service, as well as to improve and monitor the security of the Site)

We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law (e.g., in relation to our use of certain cookies)

To administer, protect, improve and manage the Site and the Service

For our legitimate business purposes (i.e., the provision and improvement of the Site and our Service)

To manage complaints, feedback and other questions

For our legitimate business purposes (i.e., the provision and improvement of the Site and our Service)

To comply with any legal or regulatory obligations (including in connection with a court order)

For our legitimate business purposes and for compliance with legal obligations to which we are subject

To enforce or apply the agreements concerning you (including agreements between you and us)

For our legitimate business purposes and for compliance with legal obligations to which we are subject

 

We may be required to obtain your personal information to comply with our legal requirements, to enable us to fulfil the terms of our contract with you or in preparation of us entering into a contract with you. If you do not provide the relevant personal information to us, we may not be able to provide the Site and the Service to you.

Where we rely on our legitimate business interests or those legitimate interests of a third party to justify the purposes for using your personal information, this will include:

  • pursuit of our commercial activities and objectives, or those of a third party;
  • compliance with applicable legal and regulatory obligations and any codes of conduct;
  • improvement and development of our business operations and service offering, or those of a third party; or
  • protection of our business, shareholders, employees and customers, or those of a third party.

 

5. How We Share with Others.

We may use or disclose your personal information and other information we collect to affiliates or subsidiaries that require access to your personal information for business purposes. We may use or disclose your personal information to our affiliates, subsidiaries and service providers in certain promotional and marketing programs, to protect the security and integrity of the Site, to correct technical problems and malfunctions on the Site and the Service, to technically process your information, to provide services or to take precautions against liability. If you request services via a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information.

You understand that personal information that you post in public areas of the Site (such as on any blog or forum) can be read, collected, or used by other users of the Site, and could be used to send you unsolicited messages. You are encouraged to exercise caution when posting personal information about yourself in public areas of the Site.

We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law, treaty, regulation, subpoena, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating any agreement with us, this Privacy Policy or our Terms of Use.

 

6. Your Rights.

The following is a summary of the data protection rights available to you in connection with your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise these rights using the contact details at the end of this Privacy Policy.

 

Summary of your rights

Right of access to your personal information

You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.

Right to rectify your personal information

You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.

Right to erasure of your personal information

You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.

Right to restrict the use of your personal information

You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.

Right to data portability

You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.

Right to object to the use of your personal information

You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes.

Right to withdraw consent

You have the right to withdraw your consent at any time where we rely on consent to use your personal information.

Right to complain to the relevant data protection authority

You have the right to complain to the relevant data protection authority where you think we have not used your personal information in accordance with data protection law.

 

7. Third Party Links.

The Site or the Service may contain links to third-party websites that are not controlled by us. These links are made available to you as a convenience, and you agree to use these links at your own risk. Please be aware that we are not responsible for the privacy practices or content of such third-party websites. Our Privacy Policy only applies to information we collect from you while you are on the Site or using the Service. If you navigate to a third-party website from the Site or the Service, we strongly encourage you to review and become familiar with that third-party website’s own privacy policy and statements.

 

8. Security.

We take reasonable security precautions, including physical, electronic and managerial procedures, to protect the personal information that you choose to provide to us. Although guaranteed security does not exist on the internet or offline, we make commercially reasonable efforts to handle such information consistent with this Privacy Policy and applicable laws. Due to the design of the internet and other factors outside of our control, we cannot guarantee communications between you and our servers will be free from unauthorized access by third parties.

 

9. For How Long Will We Keep Your Personal Information.

We will retain your personal information for as long as is necessary for purposes for which it was collected. The precise period will depend on the reason why it was collected. Those periods are also based on the requirements of applicable data protection laws, applicable legal and regulatory requirements and periods relating to the commencement of legal actions.

 

10. Children.

The Site and the Service are intended for adults and are not intended for use by children under the age of 18 (or the age of majority in your state, if higher), and we do not knowingly collect personal information from children. If we learn that we have collected personal information of any such individual, we will take steps to delete such information as soon as possible. If you are under the age of 18 (or the age of majority in your state, if higher), please do not provide any personal information to us.

 

11. Where We Will Transfer Your Information.

We are headquartered in the United States. Due to the global nature of our business, personal information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. If we transfer personal information outside of the European Economic Area, we will implement appropriate and suitable safeguards to ensure that such information will be protected as required by applicable data protection law. For further information as to the safeguards we implement please contact webmaster@getzephyr.com.

 

12. Changes to this Privacy Policy.

We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. In this event this Privacy Policy should materially change, we will generally notify our users by posting a notice of such change on our website. Any changes to this Privacy Policy will become effective upon posting of the revised policy.

 

13. Contact Us.

If you have comments or questions about this Privacy Policy, please contact us by emailing webmaster@getzephyr.com.

You may correct, update or delete/deactivate your personal information at any time by sending us an email at webmaster@getzephyr.com. We may not be able to correct or update your information previously provided to us by third parties. Note that if you have a separate agreement with us, you should also check the notice provisions in that agreement and update us with any contact information changes according to the notice provisions in that agreement. Notifying webmaster@getzephyr.com of any personal information changes will not serve as notice under any separate agreement you may have with us.