Updated: March 7th, 2022
Archived version: Privacy Notice.pdf

Codeware, Inc. (“Codeware,” “us,” “we,” or “our”) wants you to be familiar with how we collect, use and disclose Personal Data (defined below). This Privacy Notice is meant to help you understand our privacy practices, including what Personal Data we collect, why we collect it, what we do with it, and how we protect it, as well as your individual rights.

Introduction

Codeware appreciates the interest you have shown in our company, products and services by visiting our websites, https://www.codeware.com (the “Site”) or related communication portal, https://support.codeware.com (the “Support Center” or the “Portal”) (collectively, the “Websites”). This Privacy Notice applies to the Personal Data that we collect or process when you interact with the Websites.

This Privacy Notice is supplemented by our Cookie Policy, which you can find here: Cookie Policy.pdf.

To make it easier for you to review the parts of this Privacy Notice that apply to you, we have divided up our Privacy Notice into sections that specifically relate to the Site (Section 2) and to the Portal (Section 3). Sections 1 and 4 are applicable to everyone who visits the Websites. Should you prefer to download a pdf version of the policy, you may access it here.

1. Accepting this Privacy Notice

It is important that you read this Privacy Notice so that you are fully aware of how and why we are using your Personal Data.

When we say “Personal Data,” we mean any information about an individual from which that person can be identified. If you are located in the European Union, Codeware is the controller and responsible for your Personal Data on the Websites.

If you don’t want us to collect or process your Personal Data in the ways described in this Notice, then you shouldn’t use the Websites.

By using our Websites, you are accepting the practices described in this Privacy Notice.

2. Privacy Notice for https://www.codeware.com (the “Site”)
A. Information We Collect on the Site

Depending on how you interact with the Site and on which services you choose to use, we may collect, use, store and transfer different kinds of Personal Data, including but not limited to:

  1. Information you provide to us. When you fill out forms on the Site or pay an invoice, we collect contact information (such as your first name and last name, company name, job title, email address, telephone numbers, physical business address, and online feedback data (such as your comments, questions or requests for marketing materials). This includes Personal Data you provide when you interact with the following forms on our Site:

  2. Credit Card information. If you pay your Codeware invoice by using the manual processing form on the Site, we collect your credit card number, card verification code and credit card expiration date.
  3. Automated Information. When you visit the Site, we automatically receive and record information from your browser or your mobile device, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Site and the services on it. This information is stored in log files and is collected automatically. Please see our Cookie Policy for further details.

B. How We Use Your Personal Data on the Site

We will only use your Personal Data when the law allows us to. Generally, we will use your Personal Data in circumstances including:

  • Where it is necessary to administer customer service and relations;

  • Where we need to administer and improve our Site;

  • Where it is necessary for us to perform our contractual obligations; and

  • Where we need to comply with a legal or regulatory obligation.

We have set out below, in a table format, a description of the ways we use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To respond to your inquiries and process your subscription to our news (a)Information you provide to us Administration of customer service
To manage our relationship with you which might include:

(a)Notifying you about changes to our terms or privacy notice

(a)Information you provide to us Necessary to comply with a legal obligation

Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)

To perform our contractual obligations including: (a) fulfillment of purchase requests and (b) to facilitate a transaction (a)Information you provide to us

(b)Credit Card Information

(c)AutomatedInformation

Necessary to comply with contractual obligations
To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a)Information you provide to us Necessary to comply with a legal obligation

Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)

To perform our contractual obligations including: (a) fulfillment of purchase requests and (b) to facilitate a transaction (a)Information you provide to us
(b)Automated Information
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)

Necessary to comply with a legal obligation

To use data analytics to improve our Site, services, customer relationships and experiences (a)Information you provide to us Necessary for our legitimate interests (to define types of customers for our services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy)

3. Privacy Notice for https://support.codeware.com (the “Portal”)
A. Information We Collect on the Portal

Depending on how you interact with the Portal and on which services you choose to use, we may collect, use, store and transfer different kinds of Personal Data including, but not limited to:

  1. Information you provide to us. When you create an account on the Portal we collect information such as your first name, last name, and email address. This includes Personal Data you provide when you:
    • “Request a New Account” on our Portal.
  2. Automated Information. When you visit the Portal, we automatically receive and record information from your browser or your mobile device, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Portal and the services on it. This information is stored in log files and is collected automatically. Please see our Cookie Policy for further details.

B. How We Use Your Personal Data on the Portal

We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in circumstances including:

  • Where it is necessary to administer customer service and relations;

  • Where we need to administer and improve our Portal;

  • Where it is necessary for us to perform our contractual obligations; and

  • Where we need to comply with a legal or regulatory obligation.

We have set out below, in a table format, a description of the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we will process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your Personal Data.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy notice

(a)Information you provide to us Performance of a contract with you or with your employer
Necessary to comply with a legal obligation
Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)
To administer and protect our business and this Portal (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a)Information you provide to us

(b)Automated Information

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
Necessary to comply with a legal obligation
To use data analytics to improve our Portal, services, customer relationships and experiences (a)Automated Information Necessary for our legitimate interests (to define types of customers for our services, to keep our Portal updated and relevant, to develop our business and to inform our marketing strategy)

4. General Information
A. How We Share Your Personal Data

We share the Personal Data we collect as described in this section of the Privacy Notice. We may share this data for reasons including, but not limited to:

With employees, contractors and agents that provide services to us: We may share the Personal Data that we collect with our employees, contractors and agents, including third-party service providers, that perform services and functions at our direction and on our behalf, but their use of such data shall be limited to the performance of their duties and is consistent with our purposes for using such information.

With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for our business purposes or as permitted or required by law, including: (a) to comply with a law, legal process or regulations; (b) responding to or cooperating with law enforcement authorities, other government officials or other third parties pursuant to a subpoena, a court order or other legal process; (c) to protect our property, services and legal rights; (d) with a potential buyer and its agents and advisors in case of a reorganization, sale, merger, consolidation, liquidation, reorganization, or acquisition (in that event, any acquirer will be subject to our obligations under this Privacy Notice); (e) with any other person with your consent; and (f) to support our audit, compliance and governance functions.

Our third-party service providers follow:

For the Site: For the Portal:
  • Rackspace US, Inc.;

  • Formstack LLC;

  • WooCommerce;

  • Pardot;

  • Google Analytics;

  • Youtube; and

  • ZoomInfo

  • Microsoft Azure;

  • Salesforce;

  • MongoDB Atlas;

  • Google Cloud Platform;

  • Google Maps;

  • Pardot;

  • Google Analytics;

  • YouTube; and

  • Formstack LLC

B. How We Protect Your Personal Data

We maintain suitable physical, technical and administrative safeguards for our Websites designed to protect against loss, misuse, unauthorized access, disclosure, alteration or destruction of the information we collect through our Websites. For example, we use encryption software in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your information. In addition, only authorized employees are permitted to access Personal Data, and they may do so only for permitted business functions. Employees are kept up-to-date on our security and privacy practices, and the servers that store Personal Data are in a secure environment.

When we share your Personal Data with third-party service providers, we put in place a written agreement which commits our third-party service providers to keep your Personal Data confidential, and to put in place appropriate security measures to keep your Personal Data secure. However, no method of transmission over the Internet, or method of electronic storage, can be completely secure. Therefore, although we take steps to secure your information, we cannot guarantee its absolute security and the transmission of Personal Data to our Websites is at your own risk. If you have any questions about the security of our Personal Data, please contact us at privacy@codeware.com.

C. How We Store Your Personal Data

Personal Data will be stored as long as the information is required to fulfill our legitimate business needs or the purpose for which the information was collected, or for as long as is required by law. Our retention policies will vary depending on the type of data involved. Generally, we will refer to the following criteria to determine retention period:

  • Whether the data is necessary to provide our services; or

  • Whether we have a legal or contractual need to store the data.

D. Your Rights with Respect to Personal Data and How to Exercise Them

Some jurisdictions (state, federal, national and international), such as California, Canada, and the European Economic Area (“EEA”) (under the EU General Data Protection Regulation (“GDPR”)), provide individuals with certain rights regarding their Personal Data.

For example, if the processing of your Personal Data is subject to the GDPR, and your personal information is processed based on legitimate interests, you can request to access, delete, update or correct your Personal Data, or ask for portability of your Personal Data. You also have the right to object to the processing on grounds relating to your specific situation.

To exercise your rights, please contact us at privacy@codeware.com.

E. How You Opt-Out of Marketing Materials

We offer you certain choices about how we communicate with you and what information we collect from you. You may choose not to receive marketing email communications from us by clicking on the unsubscribe link in our marketing emails or by emailing us at privacy@codeware.com.

F. Disclaimer Regarding Linked Websites

We provide links to other websites for informational purposes, for your convenience or to offer additional services through separate websites linked to our Site (“Linked Websites”). Linked Websites are independent from our Site and are not governed by this Privacy Notice.

We do not review, have control over their content or endorse Linked Websites or the information, software, products or services available on the Linked Websites. We also have no control over the privacy notices used by Linked Websites. If you decide to access any of the Linked Websites, you do so at your own risk.

G. International Transfers of Personal Data

We may transfer the Personal Data we collect about you to countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.

When we transfer your Personal Data to other countries, we will protect that information as described in this Privacy Notice and in accordance with applicable law. We use contractual protections for the transfer of personal information among various jurisdictions (including, for example, the European Commission’s standard contractual clauses).

H. No Use of the Websites by Children

Our Websites are designed to appeal to adults. In compliance with the Children’s Online Privacy Protection Act, the Websites are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Data through the Websites.

If a parent or guardian becomes aware that his or her child has provided us with Personal Data without the parent or guardian’s consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at privacy@codeware.com. If Codeware determines that it has collected Personal Data of children under the age of 13, Codeware will immediately delete such data and any accounts believed to be held by children under 13.

I. Updates to this Privacy Notice

We may update or change this Privacy Notice. The last updated date at the top of this page states when this Privacy Notice was last revised. Any change to this Privacy Notice will become effective when we post the revised Privacy Notice on our Websites. We encourage you to periodically review this Privacy Notice to stay informed about how we collect, use, and share Personal Data.

J. Assignment

We reserve the right to transfer any and all information that we collect from visitors to our Websites to a third-party in the event of reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Codeware’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

K. How You May Contact Us

If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at privacy@codeware.com, or by mail:

Codeware, Inc.
Attn: Controller
6530 Sawyer Loop Rd.
Sarasota, FL 34238