If you are not a customer subject to the GDPR, then following text applies to you both with respect to the Website and Service.
Collection of Private Information/Data
Company may collect, receive and store any information, data and other details submitted, uploaded, posted, transmitted, communicated, shared or exchanged by you whether through your use of the application and or through your visits to the Website and such other third party sites and/or such communities accessible or operated through the Website (collectively "Private Information"). Private Information may include without limitation:
Use of Private Information
The Company may monitor, retrieve, analyze, store and use any of the Private Information as follows:
Other Web sites
The Website uses "cookies" (whether of the Company or of third parties) to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you register with the Company's Website or services, a cookie helps Company to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as addresses, username and so on. When you return to the Website, the information you previously provided can be retrieved, so you can easily use the features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Company's Website you visit.
Security of your Personal Information
Company reasonably secures the personally identifiable information you provide from unauthorized access, use or disclosure, on computer servers in a controlled and secured environment, protected from unauthorized access, use or disclosure. However, you acknowledge that the Website, the Software and their information protection systems are not immune from any breaches or sabotage, and third party may make unlawful and harmful use of the Website and Software, including, but not limited to, uploading malicious files of any kind, viruses, worms, trojan horses and the such. You agrees that the Company shall not be liable in any way to any damage whatsoever that may result of any such third party behavior.
Changes to this Policy
Effective: May 16, 2018
Applitools, Inc. ("Applitools", "We" or "Our") is in the process to be certified with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield with respect to the Personal Data that (i) We receive from Our Customers' end users; and/or (ii) We collect and/or Process on behalf of, or, in the benefit of the Customers through and/or in the context of the Service (defined below) or the contracts executed with Customers.
Applitools complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred to the United States. Applitools has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and Our Privacy Shield certification will be available here.
If there is any conflict between the terms in this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Our certification, please visit https://www.privacyshield.gov/.
"Customer(s)" means prospective, current, or former customers, or clients of Applitools.
"Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated 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.
Applitools' participation in the Privacy Shield applies to the Personal Data subject to EU and Swiss data protection law that (i) Applitools receives from Customers' end users and/or (ii) Applitools collects and/or Processes on behalf of Customers through and/or in the context of the Service or the contracts executed with Customers.
3. PURPOSES OF DATA PROCESSING.
Applitools is a supplier of software-as-a-service (SaaS) suite of products, enabling its Customers to perform automated visual testing on their websites and mobile software applications (the "Service").
Applitools will Process the Personal Data it receives from its Customers' end users, for the purposes of providing the Service to Customers. To fulfill these purposes, We may, without limitation, use the Personal Data to provide the Service, to provide support and maintenance, to correct and address technical or service problems, to comply with applicable laws, regulations and orders from public authorities or courts, and/or for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedures.
4. ONWARD TRANSFERS OF PERSONAL DATA.
Subject to Section 6 below, We will not transfer Personal Data originating in the EU and/or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of protection to the Personal Data as required by the Principles of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We may transfer Personal Data to cloud service providers who need the information in order to provide services to or perform activities on Our behalf. In cases of onward transfer to third parties of Personal Data received pursuant to the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, Applitools is potentially liable.
5. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA.
Data subjects have the right to access Personal Data about them, and in some cases to limit use and disclosure of their Personal Data. If you would like to request access to the Personal Data We have processed on behalf of one of the Customers, please contact https://applitools.com/contact and provide your name, contact information and observe the required formalities under applicable law.
6. REQUIREMENT TO DISCLOSE.
Applitools may be required in certain circumstances to disclose Personal Data in response to lawful requests by courts or public authorities, including to meet national security or law enforcement requirement.
7. PRIVACY SHIELD INDEPENDENT RECOURSE MECHANISM.
In compliance with the Privacy Shield Principles, Applitools commits to resolve complaints about Our collection or use of your Personal Data. EU and Swiss individuals with inquiries or complaints regarding Our Privacy Shield policy should first contact Applitools at: https://applitools.com/contact or by postal mail sent to:
Attn: Privacy Shield Inquiry
155 Bovet Road, Suite 600,
San Mateo CA, 94402
Applitools has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles to ICDR/AAA a non-profit alternative dispute resolution provider located in the United States to assist with the complaint resolution process. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://go.adr.org/privacyshield.html for more information and to file a complaint. The services of ICDR/AAA are provided at no cost to you.
8. U.S. FEDERAL TRADE COMMISSION ENFORCEMENT.
Applitools is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) to ensure compliance with the EU-US Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles outlined in this notice.
Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may also be able to invoke binding arbitration when other dispute resolution procedures have been exhausted.