Privacy Policy
Fixstars Corporation (“us”, “we”, “Fixstars”) is committed to respecting the privacy of our customers, visitors, and other users of our CloneTracker product (the “Product”). This notice describes our privacy policy (“Privacy Policy”), which covers the personal and other information that we collect on or through the Product. By visiting or using our Product, you accept the practices outlined in this Privacy Policy. We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy. If we do, we will notify you by posting the amended policy on our Product. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.
References to “you”, “your”, “user(s)”, and the like in this Privacy Policy generally refer to the customer organization, not individual users, or the individuals whose information has been provided by an authorized representative of such organization. In such cases, we receive and processes information under the direction of its customer organization and has no direct contractual relationship with the individuals whose personal information is or may be provided.
As used in this Privacy Policy, “personal information” or “personal data” means information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context, such as an individual’s name, postal address, email address and telephone number.
How Personal Information is Collected Through the Product
We may receive and electronically store any personal information you enter in connection with using our Product or provide to us in any other way, including your personal information submitted when you request information about the Product. We may also receive and electronically store any personal information that you input to complete a registration process or create an account or profile, or register/subscribe for (i) Product support, (ii) free and trial versions of the Product, (iii) access to restricted content, or (iv) our mailing lists.
Categories of Personal Information Collected Through the Product
In addition to the personal information described above, we may collect the following personal information from you in connection with your use of the Product, including when you complete a registration form or submit Your Content or Feedback (as such terms are defined below) through the Product: (a) personal and/or company name, (b) postal address, (c) email address and (d) telephone number.
Purpose of Collecting Personal Information and How Your Personal Information is Used by us
We collect personal information for the purposes of serving the legitimate business interests of us as well as to operate the Product. Such legitimate business interests include (i) responding to your requests for certain products and services (including technical support services), (ii) verifying your identity to allow you to access certain features on the Product, (iii) completing payment and billing transactions (including for the fulfillment of online product or service orders or requests), (iv) performing a credit check, (v) communicating with you about new products and service offerings and events (including via email) and (vi) targeted marketing emails and SMS text messages. We also process personal data when you consent to allow us to do so, such as when we conduct market research analyses.
Automatically Collected Information
When you use or visit the Product, web servers may track and collect general information about your visit (for example, the time and date of your visit, or the address of the website from which you entered the Product), which is stored as anonymous, aggregate data (“Traffic Data”). The collection and tracking of such Traffic Data may entail the use of cookies, analytics software, IP addresses or other numeric codes used to identify a computer. We may use Traffic Data to help diagnose problems with its server, analyze trends and visitor behavior on the Product and administer the Product. You may, at your option, expense and responsibility, set your browser to refuse cookies or delete cookies from your computer but doing so may prohibit you from making full use of the Product.
Cookies
Cookies are small packets of data sent to your browser from a web server and stored on your computer’s hard drive. Cookies can help a website recognize repeat users and allow a website to track web usage behavior. Cookies work by assigning a number to the user that has no value outside of our website. If a cookie is placed, thereafter when you visit a website, a message is sent back to the web server by the browser accessing the website. You can set your browser to notify you when you are sent a cookie, and you may also elect not to accept cookies by changing the designated settings on your web browser. However, not utilizing cookies may prevent you from using certain functions and features of the Product. We use cookies for such purposes as to (i) improve the safety, performance and security of our Product, (ii) remember information that you have submitted on forms when you request services on our Product, (iii) understand what interests our users, (iv) measure the effectiveness of our advertising, (v) track and analyze user behavior and trends and (vi) place personalized advertising on affiliated websites.
Usage Data
If the version of your Product license does not allow you to disable the transmission/collection of Usage Data or if the version of your Product license allows you to disable the transmission/collection of Usage Data but you choose not to do so, then Fixstars may collect Usage Data during your use of the Product (including the Side Scan Viewer) and use such Usage Data for the purpose of improving the performance of the Product. “Usage Data” shall include the user’s email address; date and time of the start and completion of the use of the Product; the usage time of the Product; the programming language of the software code analyzed by the Product; the number of code error notifications generated by the Product; the priority score of the code notifications generated by the Product; sub-component values for the priority score calculation; similarity of duplicate code; and the number of statements in and complexity of the duplicate code.
Analytic Vendors
We use certain data analytics services provided by third party vendors (collectively “Analytics
Vendors”) to collect and analyze data concerning the characteristics and activities of users of our
Product. Analytics Vendors may use cookies or analytics software. The information generated by a
cookie
about your use of our Product (including your IP address) and other inferred data, including data
derived from your IP address such as your company name, ISP provider, city, state, region, country,
area
code and browsing history may be transmitted to or collected or stored by the Analytics Vendors on
their
respective servers, including on servers supplied by third party hosting vendors. Analytics Vendors
may
also collect or have access to personal information that you submit when you (i) request information
about our products and services or (ii) input information to complete a registration process or create
an account or profile for the Product, and such information may be transmitted to and stored by
Analytics Vendors on their respective servers, including on servers supplied by third party hosting
vendors.
The Analytics Vendors will use this information for the purpose of evaluating your use of and behavior
on our Product, compiling reports on website activity and providing other services relating to website
activity and internet usage. The Analytics Vendors may also transfer this information to third parties
where required to do so by law, or where such third parties process the information on the Analytics
Vendors’ behalf.
Sharing of Information
Currently, we will not share your personal information with third parties except as set forth in this
Privacy Policy. We may share your personal information with Analytics Vendors who may use such
information for purposes set forth in the last paragraph of the Analytics Vendors section immediately
above. We may also share your personal information with its affiliates who may assist us with
processing
your personal information for such purposes set forth in the “Purpose of Collecting Personal
Information
and How Your Personal Information is Used by us” paragraph above. We may also share your personal
information with third parties (1) where reasonably necessary to provide requested services to you,
(2)
if authorized by you, for such purposes authorized by you, or (3) if we are required to do so by law
or
regulation, or in the good faith belief that such action is necessary (a) to conform or comply with
any
legal, regulatory, law enforcement or similar requirement or investigation, (b) to enforce our Terms
of
Product, or (c) to protect or defend the rights or property of Fixstars or any other user.
We may transfer information about you, including personal information, to another company in
connection
with a merger, sale or acquisition by or of Fixstars. We may also transfer information about you,
including
personal information, to an affiliate of Fixstars, including an affiliate who takes over the operation of
the Product from Fixstars. In that event, we will use reasonable efforts to notify you before information
about you is transferred and becomes subject to a different privacy policy.
Review, Update, Correct, or Delete Personal Information
You may review, update, correct or delete your personal information on any user profile by logging into your profile. Note that we reserve the right to terminate or delete any registration or promotional entry if we believe the personal information submitted was knowingly false or fraudulent. To delete your personal information, you may also email us at support@clonetracker.com.
Do Not Track Signals
The Product does not respond to DNT (Do Not Track) signals.
Use of Your Content and Feedback
We do not claim ownership of any information, data, software code (owned by or licensed to you), documents, images, photographs, graphics, audio or video that you upload, access, post, email, transmit or otherwise make available through your use of the Product (“Your Content”). However, you grant us a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content (in whole or in part) and to incorporate Your Content into and in connection with the Product. You also acknowledge and agree that Your Content does not violate the intellectual property rights of any third party. If you are in the European Union or Your Content is otherwise governed under the GDPR, and Your Content contains personal information, you have the right to withdraw your consent to the data processing noted within this section. You may also request that such personal information contained in Your Content be corrected or deleted by sending an email to support@clonetracker.com. By submitting ideas, suggestions, comments, posts or proposals (“Feedback”) to us through its suggestion, feedback, or similar web pages, you acknowledge and agree that (i) the Feedback does not contain your or third party confidential or proprietary information; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Fixstars, in its discretion, shall be entitled to use and disclose such Feedback to improve or modify products and services, and to develop new features; (iv) we may have something similar to the Feedback already under consideration or in development; (v) the Feedback automatically becomes Fixstars’s property without any obligation to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Fixstars for the Feedback under any circumstances. If you are in the European Union or the Feedback is otherwise governed under the GDPR, and the Feedback contains personal information, you have the right to withdraw your consent to this processing, as well as the right to request that such personal information contained in the Feedback be corrected or deleted by sending an email to support@clonetracker.com. You agree that we may derive revenue and/or other remuneration from the Feedback that you make available via our Product, without payment to you.
Email Communications
You may receive emails from us if you subscribe to our mailing lists or otherwise request information regarding our products, services, or specific Fixstars events. If you do not wish to receive further emails from us, simply follow the unsubscribe instructions at the bottom of any email to opt out of receiving future messages. You may also request at any time to be removed from our contact database by sending an email to support@clonetracker.com. All such requests are honored within 5 business days.
Your California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, customers, prospective customers, and visitors of our Product who are residents of the State of California have the right to request certain information regarding our disclosure of personal information to third parties for direct marketing purposes. If you are a California resident and wish to request such information email us at support@clonetracker.com with “California Privacy Rights” in the subject line.
Your EU General Data Protection Regulation Privacy Rights
If you are in the European Union or your personal information is otherwise governed by the EU General Data Protection Regulation (“GDPR”), you have the following rights with respect to your personal information, including where such personal information is contained in Your Content of Feedback:
- The right to request a copy of your personal information which we hold about you;
- The right to request that we correct any personal information if it is inaccurate or out of date;
- The right to request your personal information be erased where it is no longer necessary for Fixstars to retain such data;
- The right to restrict the processing of personal information;
- The right to receive the personal information you provided us in a commonly used and machine-readable format, or to have such data transmitted to another company;
- The right to object to the processing of personal information;
- The right to withdraw your consent to the processing at any time; and
- The right to lodge a complaint with the European data protection authority in the country in which you reside. The contact information for the applicable European data protection authority for your jurisdiction is set forth on this link: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Please note, that should you decide to withdraw consent for processing or request the deletion of your data, you may not be able to access some or all of the Product.
Compliance with GDPR Requirements
If you are in the European Union or your personal information is otherwise governed by the GDPR, please be aware of the following:
- Data Retention. We will retain your personal information no longer than is reasonably necessary, except as required by applicable law or to comply with our legal obligations, resolve disputes, and enforce our agreements.
- Security Measures. We comply with its obligations under the GDPR by: (1) keeping personal information up to date; (2) storing it securely; (2) not collecting or retaining excessive amounts of personal information; (3) protecting personal information from loss, misuse, unauthorized access and disclosure; and (4) ensuring that appropriate technical measures are in place to protect personal information from loss, misuse, unauthorized access disclosure, alternation and destruction.
- Corrections/Deletions of Personal Information. If you would like your personal information to be corrected or deleted, we will correct/delete such personal information upon your request, please contact us.
Security
Information collected by Fixstars is housed in secure databases, equipment and servers. The databases, equipment and servers we utilize may be owned by third party providers. Although we take reasonable precautions against possible security breaches of our Product, databases, equipment or servers, and records, we cannot guarantee that unauthorized access, hacking, data loss, or other security breaches and factors beyond our control will never take place and result in disclosure of your personal information. Accordingly, we disclaim any guarantees, warranties or representations relating to maintenance or nondisclosure of any personal information collected from you. Please further be aware that no data transmission over the internet can be guaranteed to be secure. As a result, we cannot ensure the security of any information you provide, and you do so at your own risk. Once we receive your transmission, it will make reasonable efforts to ensure its security on its systems as required under applicable law.
Third Party Sites
The Product may permit you to link to other websites on the internet, and other websites may contain links to our Product. These other websites are not under Fixstars’s control. The privacy and security practices of websites linked to or from the Product are not covered by this Privacy Policy, and we are not responsible for the privacy or security practices or the content of such websites. We encourage you to visit those third party websites for more information regarding their specific practices.
Governing Law
Fixstars operates the Product and administers this Privacy Policy under applicable U.S. and California laws and regulations.
Fixstars Contact Information
If you have any comments, concerns or questions about this Privacy Policy, please contact our Data Protection Representative at support@clonetracker.com.