Important Note: If you are a customer subject to the EU General Data Protection Regulation (GDPR):
- Applitools is acting as a data processor with respect to any data (including personal data) (“Customer Data”) supplied or disclosed to, or processed through, the Applitools service (“Service”).
- Please download our DPA sign it and return it signed to: email@example.com
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:
- Your name, e-mail address, contact details, etc.;
- Information in connection with the transactions you undertake;
- Anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites;
- Information in connection with your participation in any promotions or competitions offered by the Company;
- Information you provide when giving the Company feedback, subscribing to the Website or any of its Services, completing forms, creating Accounts, or using any of the Services. This information may include any personal information and/or identification information or other personally sensitive data;
- Traffic patterns and site use, which may be used by Company to improve its Services;
- Information about your computer hardware and software that is automatically collected by the Company. This information can include: Your IP address, browser type, domain names, access times and referring Website addresses.
Use of Private Information
The Company may monitor, retrieve, analyze, store and use any of the Private Information as follows:
- Producing general statistics and statistical information regarding use of the Software in general, campaign management through the Software, etc. Such statistical information will not include name, ID, address, or payment details or specific contents of campaigns managed through the Software or the Website.
- Conveying such statistic information to third parties according to Company’s discretion.
- Company may use the Private Information for the operation of the Software and also to detect and/or prevent fraud. Company may use such information for promotion purposes, such as to offer certain products or services of the Company or of others. The Company may also contact you via surveys for examination of current or potential services and/or functionalities of the Software and Website.
- Company may, from time to time, contact you, whether for itself or on behalf of third parties about a particular offering that may be of interest to you. The Company may contact you by post, e-mail, telephone or fax for these purposes but, except as otherwise provided herein, User’s unique personally identifiable information (e-mail, name, address, telephone number) shall not be transferred to such third parties. In addition, Company may share such unique personally identifiable information with third parties who are service providers for the Company bound by confidentiality undertaking. All such third parties are prohibited from using your personal information except in the scope they provide services to Company, and they are or shall be (as the case may be) required to maintain the confidentiality of your information.
- Company may monitor and keep track of the Website and your use of the Software in general, and of your visits on the Website, in order to ensure that your use of the Software and Website accords with the permitted uses under the TOU, to determine popularity of certain features, functionality of the Website and Software, and for other purposes, including commercial purposes such as delivering customized content and customized advertising material.
- User specifically authorizes Company to use their name, business name, contact information and logo in Company’s Website as well as in other marketing, promotional and general commercial activities.
- You are entitled to request in writing, anytime, that your information be deleted from any and all of Company’s data bases. You acknowledge, however, that such removal of your data may result in your inability to use all or some of the functions of the Software or of the Website, and you shall not have any claim against Company with respect to your inability to use the Software or the Website due to the foregoing. In any event, we will delete your data within 45 days after the termination or expiration of your License. You may request to receive a copy of your data at any time prior to the expiration of such 45 day period by contacting us at: https://applitools.com/contact. Following the expiration of such 45 day period, you data will no longer be available on our systems.
- Company shall not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
- Your identifying details shall be provided to third parties, in the following events: (1) the processing of payments, with respect to Services used by you to the extent applicable (2) Company is required to do so by law, or court order, injunction or decree (3) in case of dispute between Company and you (4) to verify yours identity and prevent or detect fraud (5) upon yours consent.
- Company may keep your name, and contact information in its data base and use such details for the purpose of direct marketing either directly by Company or through third parties.
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
Privacy Shield Notice
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
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.