Privacy Statement

What this Privacy Statement Covers

This Gluware, Inc. (the “Company”) Privacy Statement is applicable worldwide and covers how the Company treats personal and company confidential information collected by us, our websites, through Company software, services, and offline.

Consent: By using our websites, Company software and services, you consent to the use of your Information as described in this Privacy Statement. Except as set forth in this Privacy Statement, your Information will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your Information at any time. However, withdrawing consent may result in your inability to continue using the websites, Company software and/or the services.

Collection of Your Information

Personal Information

We will always tell you before we collect any Personal Information from you and will inform you of the purpose of the collection. “Personal Information” is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, occupation, and other information required to operate our software, provide a service, or carry out a transaction that you have requested.

Personal Data (as defined in the GDPR) collected by Company, that originates in the European Economic Area (“EEA) will be treated in accordance with the EU General Data Protection Regulation (“GDPR”) as further described below in “Residents of the European Economic Area”.

In some cases, we may collect third party Personal Information such as name, email, and phone number, by providing this information you acknowledge you have the appropriate permission or authority to provide the information.

Customer Confidential Information

“Customer Confidential Information” means any information shared by a customer with Company concerning customer’s business that has not been made public, provided that such information has been marked or otherwise identified as confidential at the time of disclosure or consists of information that, by its context, is sufficient to put Company on notice of its confidential nature. Company will prevent the disclosure and protect the confidentiality of Customer Confidential Information by using the same means it uses to protect its own confidential information, but in any event not less than reasonable means. Customer’s Confidential Information will not be disclosed by Company to any third party, other than to its employees, its affiliated companies, its consultants, agents, and contractors, without the prior written consent of Customer.

Customer Confidential Information may be provided to Company to scope and specify Gluware solutions to meet your requirements or to assist in the troubleshooting of the Gluware software in your environment. By providing this information you acknowledge you have the appropriate permission or authority to provide the information.

Personal Information and Customer Confidential Information are hereafter collectively referred to as the “Information”.

Some of the reasons we collect your Information include:

• Registration for an account, software or service.
• Requesting information about us or our software and services.
• Use of certain features of our software or services.
• Requesting service and support for our software or services and providing such support.
• Placement of a transaction or order.
• Registration to attend a demonstration, seminar or webinar.
• Participation in an online survey.
• Participation in discussion groups or forums.
• Collaboration efforts.
• When you apply for a job.

Uses of Your Information

We will only use your Information in the way we specified when it was collected. We will not subsequently change the way your Information is used without your consent. When the purpose for which it was collected has been completed the Information will be deleted.

Some of the ways we may use your Information includes to:

• Process your orders and deliver the software or services that you have ordered.
• Provide support and assistance for our software or services.
• Provide pre-sales information or demonstrations of our software and services.
• Provide the ability to create personal profile areas and view protected content.
• Provide the ability to contact you and provide you with shipping and billing information.
• Provide customer feedback and support.
• Conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaires is voluntary.
• Support recruitment inquiries.
• Meet contract obligations.
• Operate, enhance, and personalize your experience on our website.
• Send you administrative information.
• Send you marketing communications.
• Invite you to participate on customer advisory boards or in surveys, studies, and assessments of offerings.
• Diagnose and fix technical issues with the website or software product.
• Improve the functionality or performance of the website or software product.
• Monitor for security and otherwise protect our property.
• Comply with any applicable law, regulation, legal process, or governmental request, or to protect our legal rights or those of others.
• For any other purpose disclosed to you in connection with our website and software services from time to time.

Offerings

Company may collect Information, including Personal Data, when providing our offerings. Company may ask you for this Information directly, or in some cases, Company may collect it when certain features are enabled. For example, Company may collect Information from you when you or someone you work with:

• Evaluates or orders any of our Gluware software offerings.
• Interacts with Company online or offline, including when you request support services.
• Uses our Gluware software offerings.

Access to and Accuracy of Your Information

We need your help in keeping your Information accurate and up to date. Please notify us of any changes to your Information.

You may have the ability to view or edit your Information online. To help prevent your Information from being viewed by others, you will be required to sign in with your credentials (for example, email address and password). The appropriate method(s) for accessing your Information will depend on which websites, software, or services you have used.

Gluware software – You can access and update your profile by logging in to your account and clicking the user icon in the top right and then “Edit my Profile”.

Some Company websites, software or services may collect Information that is not accessible via the links above. However, in such cases, you may be able to access that information through alternative means of access described by the software or service.

In addition, you may exercise your rights of access and request corrections or deactivations under applicable data protection laws, by sending an email request to privacy@gluware.com.

Communication Preferences

Any promotional email from us includes instructions on how you can unsubscribe from that particular mailing. You may also unsubscribe from various promotional communications by sending a message using the contact information below. Please be sure to include your name, email address and specific relevant information about the material that you no longer wish to receive to: privacy@gluware.com.

These choices do not apply to the receipt of mandatory service communications that are considered part of certain software or services, which you may receive periodically unless you cancel the software subscription or service in accordance with its terms and conditions.

Non-personal/Anonymous Information Collection

In some instances, Company may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the website or software product. Please read the “Cookies” section below for more information.

In addition, by using some of our software or services, anonymous network information may be transmitted back to us such as: the health of the software or service and types of devices attached to the network. With this information we can determine how users are interacting with the software or service, to assist us with improving it, and to provide alerts for available software updates/upgrades.

Sharing Your Information

We do not sell, rent, share, or trade your Information to third parties for marketing purposes.

We may share your Information within the Company or any of our subsidiaries for purposes of data processing or storage.

We may also share your Information with business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service or transaction, including processing and shipping orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support. We only provide these third parties with the minimum amount of Information necessary to complete/provide the requested service or transaction, and the third parties are not permitted to use your Information except for the limited purpose of completing/providing the requested service or transaction.

We may respond to subpoenas, court orders, or legal process by disclosing your Information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims and use your Information in this regard as appropriate.

We may collect and possibly share Information and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected or potential fraud, brand protection matters (such use of Company trademarks without a license), situations involving potential threats to the physical safety of any person, violations of the Company terms of use, or as otherwise required by law.

While navigating our websites, software or services you may be directed to content or functionality that is hosted by a third-party supplier. When information is collected on behalf of Company exclusively, this Company Privacy Statement will be referenced on the website and will govern how your information is used. For other, non-company websites, the website owner’s privacy statement will be referenced.

We will ask for your consent before we use or share your information for any purpose other than the reason you provided it or as otherwise provided by this Company Privacy Statement. To let us know your preferences, we will require an action on your part, such as checking the appropriate option, to indicate your consent.

Security of Your Information

Company is committed to protecting the Information you share with us. We take reasonable and appropriate steps to protect the Information entrusted to us and treat it securely in accordance with this Privacy Statement. Company implements physical, technical, and organizational safeguards designed to protect your Information from accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access.

Retention and disposal of Information

We will retain your Information as needed to fulfill the purposes for which it was collected. We will retain and use your Information as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our rights and agreements.

We will not retain Information in identifiable form when the purpose(s) for which the Information was collected have been achieved and there is no legal or business need to retain such Information. Thereafter, the data will either be destroyed, deleted, anonymized, and/or removed from our systems.

Use of Cookies and other Web Technologies

Like many websites, Company uses automatic data collection tools, such as cookies, embedded web links and web beacons. These tools collect certain standard information that your browser sends to our website such as your browser type and the address of the website from which you arrived at our website. They may also collect information about your Internet Protocol (IP) address (a number automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer, which is a unique address assigned to your PC by your Internet Service Provider or Information Systems Department on a TCP/IP network) and clickstream behavior (for example, the pages you view and the links you click). These tools help make your visit to our website easier, more efficient and more valuable by providing you with a customized experience and recognizing you when you return.

Supplementing Information

From time to time, we may supplement Information collected on our website with information from other commercially available sources that we deem credible, such as business contact databases. This is to help us maintain the accuracy of the information we collect and help us provide a better service.

Linked Websites

Our websites, software and services may provide links to other third-party websites and services, which are outside our control and not covered by this Company Privacy Statement. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to review the privacy statements posted on these (and all) sites you visit.

Forums/Chat Rooms

If you participate in a discussion forum or chat room on a Company website, you should be aware that the personal and other information you provide there will be made broadly available to others, and can be read, collected or used by other users of these forums, potentially inside or outside the Company, who have access to that discussion forum or chat room. This Information collected could also be used to send you unsolicited messages. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of the Company. We are not responsible for the Information or any other information you choose to submit in these forums.

Customer Testimonials

We post customer testimonials/comments/reviews, which may contain Information including name, title, and photograph. We obtain the customer’s consent prior to posting the testimonial.

Children’s Privacy

The Company does not knowingly collect Information from children under the age of 18. If we learn that we have collected Information on a child under the age of 18, we will delete that data from our systems. If you are under the age of 18 years, please do not use or access the Websites at any time or in any manner except with the express consent of / through your legal guardian or parent.

Consent to Transfer, Processing and Storage of Information

We may transfer your Information to the Company in the United States of America, to any Company subsidiary worldwide, or to third parties acting on our behalf, for the purposes of processing or storage, and by providing any Information to us you fully understand and unambiguously consent to the transfer, processing and storage of such information in the United States of America.

Your California Privacy Rights

Residents of the State of California, under California Civil Code § 1798.83, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy statement that gives either an Opt-out or Opt-in choice for use of your Personal Information by third parties (such as advertisers) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

The Company qualifies for the alternative option. We have a comprehensive privacy statement, and we do not provide your Personal Information to third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and request information about how to exercise your third party disclosure choices, you must send a request to privacy@gluware.com.

RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”)

We generally process Personal Information in order to fulfill contracts we have with our customers and to pursue our legitimate business interests listed above. Otherwise, we will obtain consent from an individual in respect of processing of Personal Information if required by law to do so. Further, individuals located in the EEA (“EEA citizens”) have certain rights under European law (including under the GDPR) with respect to Personal Information, including the right to request access to, obtain, correct, amend, delete, or limit the use of your Personal Data. Individuals located in the EEA who wish to exercise these rights, should contact us at privacy@gluware.com. EEA citizens also have the right to make complaints to regulatory authorities in respect of our privacy practices.

GDPR sets out a number of different reasons for which we may collect and process your Personal Data in certain circumstances. Where GDPR applies, the legal bases we rely upon include:

• Consent

We can collect and process your data with your consent, where required by the GDPR. For example, if you have given your consent to receiving marketing material from us.

If you opt-in to receive marketing communications from us, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication.

• Contractual obligations

We need your Personal Data to comply with our contractual obligations. For example, where you have provided us with your email address to receive access to our software and/or services.

• Compliance with legal obligations

If the law requires us to, we may need to collect and process your data for legal compliance reasons. For example, we can pass on details of people involved in fraud or other criminal activity.

• Legitimate interest

We may require your data to pursue our legitimate interests or those of a third party in a way which might reasonably be expected as part of running our business, and which does not materially impact your rights, freedom or interests. For example, it is in our legitimate interests to (a) ensure that content from our website is presented in the most effective manner for you and your computer and that we provide you with the information, products and services that you request from us, (b) to keep our website, our software and/or our services safe and secure;(c) for measuring or understanding the effectiveness of marketing promotions we serve to you and others, and to deliver relevant marketing information to you (including individual and pseudonymous analysis and profiling); and (d) to use marketing related information about you that we have lawfully collected.

If you are an EEA citizen, Personal Information that we process in relation to you will be transferred and stored at, a destination outside the EEA that may not be subject to equivalent data protection law. It will also be processed by staff situated outside the EEA who work for us or for one of our suppliers.

We will transfer your Personal Data outside the EEA:

• To host or store it.
• To enable us to provide access to our software or to deliver our services and fulfil our contract with you or the company your work for.
• Where we are legally required to do so.
• Where it is in our legitimate interests, and we have concluded these are not overridden by your rights.
• When your information is transferred outside the EEA, we take steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as where applicable relying on a recognized legal adequacy mechanism and contracts, to help ensure your rights and protections travel with your data and that your Personal Data is treated securely and in accordance with this Privacy Statement.

If you are an EEA citizen, you have the following additional rights under certain circumstances:

• To be provided with a copy of your Personal Data held by us.
• To request the rectification or erasure of your Personal Data held by us.
• To request that we restrict the processing of your Personal Data (for example, while we verify or investigate your concerns about your information.
• To object to the further processing of your Personal Data, including the right to object to marketing.
• To request that your Personal Data be moved to a third party.

Questions or comments?

We value your opinions. Should you have any privacy-related questions or comments related to this Company Privacy Statement, please send an email to privacy@gluware.com.

Security concerns?

If you have any concerns about our security practices or want to report a vulnerability in our website or our software you can send an email to security@gluware.com.

Updates to this Company Privacy Statement

Company may update this Privacy Statement at any time, so please review it frequently. We will notify you whenever this Privacy Statement is materially changed so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of the Company website after any change will signify and confirm your assent to those changes.