Appeon Inc., together with its group companies and affiliates, (collectively, “Appeon”) collects, processes, and retains data that can be used to directly or indirectly identify you as an individual (“Personal Data”). This privacy policy (“Privacy Statement”) describes what Personal Data Appeon processes, how and why it is processed, and your choices with respect to the Personal Data that Appeon collects. The Privacy Statement applies to Appeon websites (for example, www.appeon.com and its subdomains), Appeon software products (for example, Appeon PowerBuilder), and Appeon technical support resources which you access this Privacy Statement from (collectively, our “Services”). Please note that some Services contain links to third-party materials (for example, third-party websites), and this Privacy Statement does not apply to any third-party materials. We encourage you to review the privacy policies of any third parties before accessing or using any third-party materials.

1. COLLECTING YOUR PERSONAL DATA

Appeon collects Personal Data from you, from third parties, and through your use of the Services for a variety of lawful reasons, including to carry out your requests, operate our business effectively, and to comply with the law.

You play a crucial role in our collection of your Personal Data. You can choose what Personal Data you provide to us (you have the right to decline), what particular Services or features thereof you use (that collect Personal Data), and what your privacy settings are. But please understand that if you decline to provide the minimum amount of Personal Data required by a particular Service, you will not be permitted to use that Service.

Please read below to understand the types of Personal Data we collect and how we collect them.

1.A. Personal Data from You

Registration

Personal Data collected include your name, email address, phone number, and employment information when you register to use our Services, apply to our consulting program, apply to our enterprise account program, request that we contact or provide additional information to you, request a trial for our Services, or request to attend an event (live or virtual).

User Profile

Personal Data collected include your picture, social media public URL or username, and biography (including work experience and skills) when you complete your user profile for our community network (“Appeon Community”), our consulting program, or an event (live or virtual).

Communications

Personal Data collected include your name, email address, phone number, employment information, and contents of your communication when you contact us, for example to request information about the Services, via the “Live Chat” and contact form functionalities of our websites, email, or phone.

Ordering & Payment

Personal Data collected include your name, email address, phone number, billing address, and payment information (e.g. credit card number) when you order and/or pay for the Services or an event using our shopping cart, our offline order form, or your organization’s purchasing document (e.g. purchase order).

1.B. Personal Data from Third Parties

Third parties, such as your employer, our authorized resellers, and our marketing partners, provide us with Personal Data. With respect to your employer and authorized resellers, we are provided Personal Data when an action involves you that necessitates for us to have Personal Data, for example entering into a contract where you are the signatory, ordering or paying for our Services where you are the user or you are responsible for payment, or providing you with additional information at your or your employer’s request. With respect to our marketing partners and other third parties, we will confirm that the Personal Data was legally acquired by the third party and that it is legal for us to use it. Personal Data collected from third parties can vary depending on the nature of the transaction, but most commonly include your name, email address, phone number, billing address, payment information, and/or employment information. We strive to collect the Personal Data minimally required to carry out a particular legitimate purpose.

1.C. Personal Data Through the Services

Device

Personal Data collected about your device include your IP address, your software environment (e.g. web browser and OS), and unique device identifiers (e.g. MAC address) when you visit Appeon websites, activate Appeon software products, or request technical support.

Usage

Personal Data collected about your usage of the Services include what you used (e.g. the specific Appeon webpage or software product), the date and duration of your usage, and how you were referred to the Services (e.g. referring website address) when you visit Appeon websites, use Appeon software products, or request technical support.

Geolocation

Personal Data collected about your geolocation include your city, state, country, and language, which we infer from your IP address and settings, when you visit Appeon websites, use Appeon software products, or request technical support.

Cookies and Similar Technologies

Cookies are small text files that a website may transfer to your device when you visit a particular website. When you use our Services, Appeon and our third-party service providers may collect Personal Data through cookies, web beacons, web server logs, and similar technologies. We do not allow third parties to gather information about you across non-Appeon websites. You can choose to not accept cookies by adjusting the settings of your web browser; however, some of our Services or features thereof may not be able to work properly.

We utilize third-party analytic service providers, such as Google, that collect data about your use of our Services through cookies and similar technologies. We encourage you to review Google’s privacy policies at https://policies.google.com/technologies/partner-sites. If you wish to opt out of the Google Analytics service, Google provides an “opt-out browser add-on” available at https://tools.google.com/dlpage/gaoptout.

2. USING YOUR PERSONAL DATA

Appeon uses Personal Data for the purpose of providing requested Services and information to you, entering into and performing legal contracts (including payments), ensuring compliance with the law, marketing to you, and carrying out other legitimate interests (collectively, “Purposes”).

Appeon combines Personal Data we collect from different sources and/or methods (for example, your Appeon account registration profile and your license entitlements). However, the Services are designed and safeguards in place to prevent unlawful data combinations. For example, Personal Data we may collect when you are not signed into the Services is stored separately from your Appeon account information that directly identifies you.

When Personal Data is processed, Appeon does so for the Purposes and with your consent where required by law.

2.A. Purposes Based on the Law

Providing the Services

We use Personal Data to process orders and facilitate payments, provide you with requested Services, and further improve our Services. Before you register for or begin to use the Services, there may be preliminary steps we may need to take. For example, we may need to respond to your requests for information or provide you with customer service. After you register for or begin to use the Services, we will communicate regularly with you about important matters (not marketing related) regarding your order, payment, and use of the Services. For example, we may need to inform you if your payment was not successfully processed, when your subscription is ending, and about important changes or corrections to the Services.

Ensuring Compliance

We use Personal Data to comply with the law and protect intellectual property rights. The Services (or technologies used in the Services) are the intellectual property of Appeon or its licensors. The Services may be subject to the export laws, trade sanctions, or embargoes of the United States or other countries. The Services, due to child privacy laws, may not be used by anyone under the age of 18. As such, we will use Personal Data to prevent unlawful access or use of the Services. This includes taking measures to reduce piracy, such as software license activation procedures.

Legitimate Interest

We use Personal Data for legitimate interests of Appeon where the law does not require your consent. The cases below constitute the legitimate interest of Appeon to process Personal Data. If you do not agree with these cases, you may object against Appeon processing your Personal Data as set out below.

  • Monitoring communications. When you communicate with Appeon, for example via “Live Chat”, we may monitor and/or retain such communication. We do so in order to assure service quality, improve staff training, and/or maintain evidence of a transaction. If you do not wish your communication to be monitored or retained, you may make such request at the beginning of your communication.
  • Soliciting feedback. We periodically send questionnaires, surveys, and other means of obtaining your feedback. We do so in order to continually improve our Services and how we operate as a company. If you do not wish to participate, please inform us at privacy@appeon.com and provide either the email address or phone number we used.
  • Conducting analytics. We analyze the usage and effectiveness of the Services and our operations. We do so in order to make informed decisions, report on the performance of our business, and identify how to improve our Services and operations.

2.B. Purposes Based on Your Consent

Marketing & Advertising

Subject to your consent, we use Personal Data to market and advertise to you, such as keeping you up to date on the latest product announcements, promotional offers, events, and content that may be useful, relevant, or otherwise of interest to you (including newsletters).

You may withdraw your consent at any time by clicking on the “stop all emails” link at the bottom of such email. If you choose to withdraw your consent, Appeon will not process Personal Data subject to this consent any longer unless legally required to do so. However, this will not affect the lawfulness of the processing that took place before such withdrawal.

Community User Profile

The Services include community features, such as forums, blogs, and networks (collectively “Appeon Community”). You can create a user profile to display Personal Data to other users of the Appeon Community. If you post any content to the Appeon Community, at a minimum your name will be displayed to other users. Your user profile is used to foster the quality of communication and collaboration through the Appeon Community.

If you do not wish for any Personal Data to be displayed to other users, please DO NOT POST any content to the Appeon Community. If there is other Personal Data besides your name that you do not wish to display to other users, you may proceed to post content to the Appeon Community, but please DO NOT ENTER such Personal Data in your user profile. If you later change your mind, you can remove such Personal Data from your user profile and it will no longer be visible to other users.

3. SHARING YOUR PERSONAL DATA

Appeon does not sell, lease or rent the Personal Data to third parties. Subject to your consent where required by law, Personal Data may be shared with third parties for a variety of lawful reasons as set out below. When we do share Personal Data, we strive to only provide third parties with what is minimally necessary.

Corporate Affiliates

We may share Personal Data among Appeon subsidiaries and group companies (i.e. Appeon offices throughout the world), subject to this Privacy Statement. We may also share Personal Data with vendors or agents working on our behalf to provide you with the Services, subject to this Privacy Statement.

Service Providers

We may share Personal Data with service providers that provide services used in our operations, such as communication services, payment processing, and business analytics.

Legal Matters

We may share Personal Data to comply with applicable law, legal process (e.g. court order), request by government agencies (e.g. law enforcement), or when we believe it is necessary to protect against physical harm (e.g. injury), financial harm (e.g. loss of property), or unlawful activity.

Change of Control

Circumstances may arise in the future where, whether for strategic or other business reasons, we may sell, buy, merge or otherwise reorganize all or any portion of our business. Such a transaction will most likely necessitate we share Personal Data to prospective or actual purchasers or sellers and possibly to other third parties that are involved in the transaction process.

4. TRANSFERING YOUR PERSONAL DATA

Appeon has operations worldwide serving a global customer base. While our servers and any Services that contain Personal Data are located within the United States, Personal Data may be transferred, accessed, and stored globally as necessary for the Purposes stated in this Privacy Statement. For example, we may transfer Personal Data to countries (other than the United States) where our Subcontractors are located. By inputting your Personal Data to the Service, you consent to any transfer and processing in accordance with this Privacy Statement.

If you are located in the European Economic Area (“EEA”) or Switzerland, we comply with applicable data protection laws when transferring Personal Data to the United States. We comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of your information transferred from the European Union or Switzerland (as applicable) to the United States.

The Services are not intended for use by citizens of Russia who are currently residing in Russia. If you input Personal Data in or otherwise use the Services in anyway, you agree not to hold Appeon accountable for any potential non-compliance with Russian law and that use of the Services shall be solely at your own risk and responsibility.

5. RETAINING YOUR PERSONAL DATA

Appeon will store Personal Data only for as long as is necessary for the purposes we process it unless we are required by applicable law to retain Personal Data longer or we are asserting/defending against legal claims where Personal Data is required to do so.

6. SECURING YOUR PERSONAL DATA

Appeon is committed to securing Personal Data. We use a combination of industry-standard security technologies, procedures, and organizational measures to help protect Personal Data from unauthorized access, use or disclosure. However, no security measure can be absolutely secure, and no method of data transmission can be guaranteed against interception. As such, we cannot guarantee the complete security of Personal Data, including changes to or loss of Personal Data. You are responsible for maintaining the security of your password or other form of authentication to access the Services. If you suspect your interaction with us is no longer secure please contact us immediately at privacy@appeon.com.

7. PROTECTING CHILDREN’S PRIVACY

The Services are not intended for use by anyone under the age of 18 (a “Child”). As such, we do not knowingly collect, maintain, or use Personal Data from a Child. If you are a parent or legal guardian and believe we may have collected any information about a Child, please contact us at privacy@appeon.com. If we learn that this has occurred, then we will promptly take steps to delete such information.

8. RESPONDING TO DNT SIGNALS

The Services do not respond to “Do Not Track” (DNT) browser signals. However, you can choose to not accept cookies by adjusting the settings of your browser. If you choose to decline cookies, you may not be able to properly use certain features of the Services.

9. CONTROLLING YOUR PERSONAL DATA

You play a crucial role in our collection and use of your Personal Data. You may exercise your rights per this Privacy Statement and applicable data protection laws. To do so, please contact Appeon or use the various tools we provide.

  • You can update or rectify Personal Data (e.g. your email address) by accessing your Appeon account and user profile.
  • You can opt-out of receiving marketing & advertising emails that you have previously consented to. Simply click on the “stop all emails” link at the bottom of such email. Please note that as a user of the Service, under the Terms of Use, you must agree to receive important non-marketing messages from us, which you cannot opt out.
  • You can request that we provide you with information about whether we hold any of your Personal Data, and rectify or delete any Personal Data, subject to this Privacy Statement. Please send an email to privacy@appeon.com and instruct us accordingly.
  • If you are a resident of the EEA or Switzerland, you may have the right to: (i) request access to your Personal Data; (ii) request rectification of your Personal Data; (iii) request deletion of your Personal Data; (iv) request a restriction on the processing of your Personal Data; (v) request personal data portability; or (vi) object to the processing of your Personal Data.
  • If you are a resident of the EEA or Switzerland and believe that Appeon is not processing your Personal Data in accordance with this Privacy Statement or applicable EEA or Swiss (as applicable) data protection laws, you may have the right to lodge a complaint with the supervisory authority in the country in which you live.

10. CONTACTING APPEON

If you have a privacy concern, complaint, or a question for Appeon’s Data Protection Officer or would like to exercise your rights in relation to your Personal Data, please contact us by emailing privacy@appeon.com. We will respond to questions or concerns within 30 days.

The data controller of the Personal Data collected through the Services is Appeon Inc., 425 1st Street, Unit 1507, San Francisco, CA 94105, USA.

11. CHANGES TO OUR PRIVACY STATEMENT

Appeon may revise its privacy practices from time to time. The revision date below indicates when this Privacy Statement was last revised. Any changes will become effective when we post the revised Privacy Statement. If we materially change the ways in which we use or share Personal Data previously collected from you through our Service, we will either notify you through our Service and/or via email. Your continued use of the Services following these changes constitutes your acceptance of the revised Privacy Statement.

Revised and posted as of 25 May 2018.