GATEWAY CHECKER
CORPORATION PRIVACY POLICY
(Rev. 01-MAR-19)
This Privacy Policy (“Privacy Policy”) applies to your
(“You” and/or “Your”) use of the Gateway Checker Corporation (“We”, “Us,” “Our”)
Services, and other interactions (e.g.,
customer service inquiries, user Communities, user conferences, etc.) You may have with Us (You, Your,
We, Us, and/or Our may collectively be referred to as the “Parties” and
individually as “Party”). The Gateway Checker Corporation “Terms of Use”, a
copy of which can be located at http://portal.gatewaychecker.com/legal.
, is hereby incorporated
by reference. All capitalized terms not defined herein shall have the meaning
set forth in the Terms of Use, as defined therein. If You do not agree to be
subject to the terms and conditions of the Terms of Use and this Privacy Policy,
do not access or use the Services, Websites or any other aspect of Our
business.
WHAT
INFORMATION WE COLLECT
We
may ask You to register and provide information when You register as a visitor
to Our Websites, purchase Services or place orders, register to access an
online demonstration or respond to a marketing campaign. We may also receive
your information if You participate in a focus group, contest, activity or
event, apply for a job, request support, interact with Our social media
accounts or otherwise communicate with Us. We may collect and receive user Your
Data and other information and data in a variety of ways through user Data.
We
also collect, generate and/or receive information, as follows:
1.
Account Information. To create or update a Service or user account, You supply Us with an email address, phone number, password,
domain and/or similar details.
2.
Usage Information.
(a).
Services Metadata. When an Authorized User interacts with the Services,
metadata may be generated that provides additional context about the way
Authorized Users work.
(b).
Log Data. As with most websites and technology services delivered over
the Internet, Our servers automatically collect
information when You access or use Our Websites or some of Our Services and
record it in log files. This log data may include the Internet Protocol (“IP”)
address, the address of the web page visited before using the Website or
Services, browser type and settings, the date and time the Services were used,
information about browser configuration and plugins, language preferences and
cookie data.
(c).
Device Information. We collect information about devices accessing the
Services, including type of device, what operating system is used, device
settings, application IDs, unique device identifiers and crash data. Whether We
collect some or all of this Other Information often depends on the type of
device used and its settings and the Services being used.
(d).
Location Information. We receive information from You, Your user and other third parties that helps Us approximate Your
location. We may, for example, use a business address submitted by Your
employer, or an IP address received from Your browser or device to determine
approximate location. We may also collect location information from devices in
accordance with the consent process provided by Your device.
3.
Cookie Information.
We
use Cookies and similar technologies in Our Websites and Services that help Us
collect Other Information. The Websites and Services may also include Cookies
and similar tracking technologies of third parties, which may collect Other
Information about You via the Websites and Services and across other websites
and online services. For more details about how We use these technologies,
please see below.
4.
Third Party Services.
Users
can choose to permit or restrict third-party services for their Services.
Typically, third-party Services are software that integrate with Our Services,
and You can permit its Authorized Users to enable and disable these
integrations for their accounts. Once enabled, the provider of a third-party service
may share certain information with Us. Authorized Users should check the
privacy settings and notices in these third -party services to understand what
data may be disclosed to Us. When a third-Party Service is enabled, We are authorized to connect and access other information
made available to Us in accordance with Our agreement with the third-party
Provider. We do not, however, receive or store passwords for any of these third-party
services when connecting them to the Services.
5.
Third-Party Data.
We
may receive data about organizations, industries, Website visitors, marketing
campaigns and other matters related to Our business from parent corporation(s),
affiliates and subsidiaries, Our partners or others
that We use to make Our own information better or more useful. This data may be
combined with Other Information We collect and might include aggregate level
data, such as which IP addresses correspond to zip codes or countries. Or it
might be more specific: for example, how well an online marketing or email
campaign performed.
6.
Additional Information Provided to Us.
We
receive Other Information when submitted to Our Websites or if You participate
in a focus group, contest, activity or event, apply for a job, request support,
interact with Our social media accounts or otherwise communicate with Us.
Generally, no one is under a statutory or contractual obligation to provide any
user Data or Other Information (collectively, Information). However, certain
Information is collected automatically and, if some Information, such as
account setup details, is not provided, We may be
unable to provide the Services
HOW
WE USE THE COLLECTED INFORMATION
User
Data will be used by Us in accordance with user’s instructions, including any
applicable terms in the user Agreement and user’s use of Services
functionality, and as required by applicable law. We are a processor of user
Data and user is the controller. User may, for example, use the Services to
grant and remove access to an account, assign roles and configure settings,
access, modify, export, share and remove user Data and otherwise apply its
policies to the Services. We use Other Information in furtherance of Our
legitimate interests in operating Our Services, Websites and business. More
specifically, We use Other Information:
1.
To provide, update, maintain and protect Our Services, Websites and business.
This includes use of Other Information to support delivery of the Services
under a user Agreement, prevent or address service errors, security or
technical issues, analyze and monitor usage, trends and other activities or at
an Authorized User’s request
2.
As required by applicable law, legal process or regulation.
3.
To communicate with You by responding to Your requests, comments and questions.
If You contact Us, We may use Your Other Information
to respond.
4.
To develop and provide search, learning and productivity tools and additional
features.
5.
To send emails and other communications. We may send You service, technical and
other administrative emails, messages and other types of communications. We may
also contact You to inform You about changes in Our Services, Our Services
offerings, and important Services-related notices, such as security notices.
These communications are considered part of the Services and You may not opt
out of them. In addition, We sometimes send emails
about new product features, promotional communications or other news about Our
company. These are marketing messages, so You can control whether You receive
them.
6.
For billing, account management and other administrative matters. We may need
to contact You for invoicing, account management and similar reasons and We use
account data to administer accounts and keep track of billing and payments.
7.
To investigate and help prevent security issues and abuse.
If
Information is aggregated or de-identified so it is no longer reasonably
associated with an identified or identifiable natural person, We may use it for any business purpose. To the extent
Information is associated with an identified or identifiable natural person and
is protected as personal data under applicable data protection law, it is
referred to in this Privacy Policy as Personal Data. Contact the user if You
wish to request the removal of Personal Data under their control.
DATA
RETENTION
We
will retain user Data in accordance with a user’s instructions, including any
applicable terms in the user Agreement and user’s use of Services
functionality, and as required by applicable law. Depending on the Services, user
may be able to customize its retention settings and apply those customized
settings at the account level. We may retain Other Information pertaining to You
for as long as necessary for the purposes described in this Privacy Policy.
This may include keeping your Other Information after You have deactivated your
account for the period of time needed for Us to pursue legitimate business
interests, conduct audits, comply with (and demonstrate compliance with) legal
obligations, resolve disputes and enforce Our agreements.
WHO
WE SHARE IT WITH
We
may share the information You provide with Our business partners acting on Our
behalf for the uses described above. We do not sell your information to third
parties.
HOW
WE OFFER OUR CUSTOMERS A CHOICE
If
You do not want Us to contact You or Your company for marketing purposes by
email, postal mail, fax or phone, You may opt out by
contacting Our customer service department or by sending an email or writing to
Us at the below address. Please note that We do not allow Our Customers to opt
out of contact that is required for the functionality of Our Services or to
maintain user accounts.
SECURITY
OF YOUR INFORMATION
We
use state-of-the-art security technology to protect Our user Data, and access
to user information is restricted to authorized personnel only. We are very
sensitive to the privacy concerns of Our Customers and visitors to Our
Websites.
CHILDREN;
YOUNG ADULTS AND PRIVACY
We
do not knowingly target or solicit personal information from children under the
age of 18 or send them requests for personal information.
THIRD-PARTY
SITES
Our
Websites may contain links to websites operated by third parties. We do not
share Your personal information with those websites and We are not responsible
for their privacy practices. Once You have left Our site, You
should check the applicable privacy statement of the third-party website to
determine how they handle information they collect from You. Please view the
privacy policies of those companies by visiting their respective websites.
USE
OF COOKIES
1.
Cookie Tracking Technology.
We
use cookies and other similar tracking technologies to remember Your
preferences with Our Websites, improve Your user experience, and provide You
with relevant information (“Cookies”). To learn more about how Cookies are used
the following are a few resources You can read more at the Digital Advertising
Alliance (www.aboutads.info/choices),
the Digital Advertising Alliance of Canada (www.youradchoices.ca/),
and/or the European Interactive Digital Advertising Alliance (www.youronlinechoices.eu/).
2.
The Information You Provide.
You
may provide information to Us including, but not limited to, Your name, e-mail
address, and credentials. Submitting this information to Us is voluntary, and You
will still have access to the Websites without providing the information,
except when needed to provide the information to access certain pages,
resources, user groups, services or features.
3. Automated Information Collected.
Our
Websites may automatically collect information about You during your visit.
Cookies can be accepted or declined in Your browsers setting. Examples of
information We may collect include browser type, operating system, pages You
view, links You click on, and your IP address.
4. How do We Use This Information.
We
use information collected to provide You with information about products and
services We offer, increase Your user experience, and collect data to
produce and provide You with information relating to Your activity on Our
Websites.
ADDITIONAL
THIRD-PARTY COOKIES
We
may provide links to third-party websites or content. We have no control over Cookies
external or third-party websites set when You interact with the link or their
website.
We
may utilize web beacons, images or scripts to collect data about Your visit and
user behavior with Our Websites. Information collected from any of these
include Your Cookies, time information of Your site visit and a description
provided about Your visit.
We may collect Your IP address, operating
system and browser information to track non-personal information including Your
user-behavior on the Websites, navigation flow. Information collected is
used for marketing purposes and to help manage Our Websites by providing
relevant content.
Other
third-party tracking may be used on Our Websites. We do not provide personal
information to third parties.
To
delete and block Cookies please see the settings on Your browser which allow You
to set Your preferences and/or settings. Withdrawing consent to collect Cookies
To
withdraw consent, You will need to delete the Cookies
in Your browser settings and adjust Your preferences to block Cookies in Your
browser preferences/settings. Cookies are used to identify You and Your user
behavior and does not give access to Your computer. This privacy and cookie
policy does not cover the use of Cookies or similar
technology by other sites which We have no control or access of. By visiting
and navigating through Our Websites, You are agreeing
to the use of Cookies and similar technologies for the purposes We describe in
this Privacy Policy.
SOCIAL
MEDIA
We
use social media features on Our Websites, including like and share button
features. Using social media features may initiate information to be collected
such as Your IP address and pages You navigate. Each social media feature has
their own privacy policy as listed below:
1.
Twitter. Twitter Cookies are used on Our Websites to share content with Our
audience. Twitter uses Cookies to understand user behavior on a website and how
users interact with services, monitor usage, and traffic. To remove or
block Twitter Cookies, please adjust your preferences to block Cookies in your
browser preferences/settings. For more on Twitter’s Private Policy go to www.twitter.com/privacy.
2.
LinkedIn. LinkedIn Cookies are used on Our Websites using sharing and
other features. LinkedIn also uses AppNexus to help deliver remarketing ads
based on a visit, interest or target audience list. Cookies could be utilized
to recognize a visit on Our Websites and on LinkedIn, remember preferences, and
provide a personalized. LinkedIn uses two types of Cookies: persistent Cookies
and session Cookies. A persistent cookie helps recognize an existing user, to
simplify identifying You. After You sign in, a persistent cookie stays in Your
browser and will be read by LinkedIn. Session Cookies only last the duration of
Your current session. For more information on LinkedIN’s
Privacy Policy go to www.linkedin.com/legal/privacy-policy.
3.
Facebook. We use Facebook as an advertising channel to display Our
sponsored post and remarketing ads to visitors of Our Websites who may be
interested in Our Services. We also use Facebook Cookies to help measure
performance of ad campaigns, including insights of the audience interacting
with Our ads on the Facebook network. Facebook and any third-party vendors use Cookies
to show remarketing ads. Cookies are used to track remarketing ads and serve
ads based on Your past visits to Our Websites. Third-party Cookies are not
controllable by Us. For more information about Facebook Cookies please go to www.facebook.com/policies/Cookies.
For more on Facebook’s privacy policy please go to www.facebook.com/privacy/explanation.
To set your Facebook ad preferences please visit (www.facebook.com/ads/preferences/edit/.
INTERNATIONAL
DATA TRANSFERS
We
may transfer Your Personal Data to countries other than the one in which You
live. We deploy the following safeguards if We transfer Personal Data
originating from the European Union to other countries not deemed adequate
under applicable data protection law.
GENERAL
DATA PROTECTION REGULATION (EU) 2016/679
Where
and only to the extent that We process Your Data, on Your behalf, under the
requirements of the EU’s General Data Protection Regulation (EU) 2016/679
(“GDPR”), We and You hereby agree to comply with the following provisions with
respect to any Personal Data, defined below, which is subject to the GDPR’s
requirements, each acting reasonably and in good faith.
1. GDPR
Specific Definitions.
“Data
Subject” means the identified or identifiable person to whom Personal Data
relates.
“Data
Subject Request” means a request from a Data Subject to exercise the Data
Subject’s rights under the GDPR including the right of access, right to
rectification, restriction of Processing, erasure (“right to be forgotten”),
data portability, object to Processing, or its right not to be subject to
automated individual decision making.
“Personal Data” means any information relating
to (i) an identified or identifiable natural person and, (ii) an identified or
identifiable legal entity (where such information is protected similarly as
personal data or personally identifiable information under the GDPR), where for
each (i) or (ii), such data is Your Data.
“Processing”
means any operation or set of operations which is performed upon Personal Data,
whether or not by automatic means, such as collection, recording, organization,
structuring, storage, adaptation or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction.
“Sub-processor” means any Processor that may
be engaged by Us.
“Supervisory
Authority” means an independent public authority, which is established by an EU
Member State pursuant to the GDPR.
2.
Processing of Personal Data.
(a)
Roles of the Parties. The Parties acknowledge and agree that where Your
use of the Services includes processing, which is subject to GDPR requirements
with regard to the Processing of Personal Data, You are
the Controller, We are the Processor, and may engage Sub-processors pursuant to
the requirements set forth herein.
(b)
Your Processing of Personal Data. Where Your use of the Services
includes processing, which is subject to GDPR requirements, You
shall Process Personal Data in accordance with the GDPR requirements directly
applicable to Our provision of its Services.
For clarity, Your instructions for the Processing
of Personal Data shall comply with GDPR. You shall have sole responsibility for
the accuracy, quality, and legality of Personal Data and the means by which You
acquired Personal Data.
(c)
Our Processing of Personal Data. We shall treat Personal Data as Confidential
Information and shall only Process Personal Data on behalf of and in accordance
with Your written instructions, which shall include email from You, for the
following purposes: (i) Processing in accordance with applicable Order Form(s) and
related documents; (ii) Processing initiated by Users in their use of the
Services; and (iii) Processing to comply with other documented reasonable
instructions provided by You (e.g., via email) where such instructions are
consistent with the terms contained herein.
(d)
Data Protection Impact Assessment. Upon Your request, We
shall provide You with reasonable cooperation and assistance needed to fulfil Your
obligation under GDPR to carry out a data protection impact assessment related
to Your use of the Services, to the extent You do not otherwise have access to
the relevant information, and to the extent such information is available to US.
We shall provide reasonable assistance to You in the cooperation or prior
consultation with the Supervisory Authority in the performance of its tasks
herein or to the extent required under the GDPR.
3.
Rights of Data Subjects.
Taking
into account the nature of the Processing, We shall
use commercially reasonable efforts to assist You by appropriate technical and
organizational measures, insofar as this is possible, to fulfil Your obligation
to respond to a Data Subject Request under the GDPR. In addition, to the extent
You, in your use of the Services, do not have the ability to address a Data
Subject Request, We shall upon Your request use commercially reasonable efforts
to assist You in responding to such Data Subject Request, to the extent We are
legally permitted to do so and the response to such Data Subject Request is
required under the GDPR. You shall be responsible for responding to all Data Subject
Requests and for any and all costs, at Our then-current commercial rate,
arising from Our provision of such assistance.
4.
Our Personnel.
We
shall ensure that our personnel engaged in the Processing of Personal Data are
informed of the confidential nature of the Personal Data, have received
appropriate training on their responsibilities and have executed written
confidentiality agreements. We shall ensure that such confidentiality
obligations survive the termination of the personnel engagement. We shall take
commercially reasonable steps to ensure the reliability of any of Our personnel
engaged in the Processing of Personal Data. We shall ensure that Our access to
Personal Data is limited to those personnel performing Services in accordance
with the Agreement. We have appointed a data protection officer. The appointed
person may be reached at legal@gatewaychecker.com.
5.
Sub-Processor.
You
acknowledge and agree that We may engage third-party Sub-processors in
connection with the provision of the Services. We will enter into a written
agreement with each Sub-processor containing data protection obligations not
less protective than those in this Agreement with respect to the protection of Your
Data to the extent applicable to the nature of the Services provided by such
Sub-processor.
6.
Security
We
shall maintain appropriate technical and organizational measures for protection
of the security (including but not limited to protection against unauthorized or
unlawful Processing and against accidental or unlawful destruction, loss or
alteration or damage, unauthorized disclosure of, or access to, Your Data),
confidentiality and integrity of Your Data, in accordance with then-current
industry best-practices. We shall use commercially reasonable efforts to
monitor compliance with these measures, in accordance with then-current
industry best-practices. We will not materially decrease the overall security
of the Services during the Agreement term.
7. CLIENT DATA INCIDENT MANAGEMENT AND
NOTIFICATION
We
shall notify You without undue delay after becoming aware of the accidental or
unlawful destruction, loss, alteration, unauthorized disclosure of, or access
to Your Data, including Personal Data, transmitted, stored or otherwise
Processed by Us or Our Sub-processors of which We become aware (a “Your Data
Incident”). We shall make reasonable efforts to identify the cause of such Your
Data Incident and take those steps as We deem necessary and reasonable in order
to remediate the cause of such a Your Data Incident to the extent the
remediation is within Our reasonable control. The obligations herein shall not
apply to incidents that are caused by You or Your Users.
8. Return and Deletion Of Client Data.
Upon
written request from You or upon termination of the Agreement, We shall return Your Data to You and, to the extent allowed
by applicable law, delete Your Data. We reserve
the right to charge a reasonable fee for the return of such Your Data.
YOUR
RIGHTS
Individuals
located in certain countries, including the European Economic Area, have
certain statutory rights in relation to their personal data. Subject to any
exemptions provided by law, You may have the right to
request access to Information, as well as to seek to update, delete or correct
this Information.
To
the extent that Our processing of Your Personal Data is subject to the General
Data Protection Regulation, We rely on Our legitimate
interests, described above, to process Your data. We may also process Other
Information that constitutes Your Personal Data for direct marketing purposes
and You have a right to object to Our use of Your Personal Data for this
purpose at any time.
CHANGES
TO THIS PRIVACY POLICY
We
may amend this Privacy Policy from time to time. Laws, regulations and industry
standards evolve, which may make those changes necessary, or We may make
changes to Our business. If We make any substantial changes in the way We use
your personal information, We will make that
information available by posting a notice on one or more of Our Websites.
QUESTIONS
OR SUGGESTIONS
Please
also feel free to contact Us if You have any questions about this Privacy
Policy or Our practices, or if You are seeking to exercise any of Your
statutory rights. You may contact Us here or at Our email address at info@gatewaychecker.com.
END
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