We recognize the importance of delivering safe products and protecting the privacy rights of our customers. Therefore, we designed this Policy in clear language and modular structure. This Policy forms part of your agreement with us and shall be read and consented to together with the terms of service and/or license agreement of the relevant Service.
Please read the Policy carefully to be sure you understand it and agree with its terms before you use any of the Services. If you do not agree with the terms in this Policy and the choices we provide do not mitigate your concerns, please do not access or use the Services. For any questions or matter related to this Policy, or your privacy rights, please contact our data protection officer at: firstname.lastname@example.org.
1. Jurisdiction and language
Please note that this Policy is designed with the EU General Data Protection Regulation (GDPR) and the ePrivacy directive in mind (jointly, the “Applicable Laws”). If you reside in any jurisdiction other than the EU, the EEA or the UK, and if you would like to learn more about our region-specific processing of Personal Information, you can directly navigate to the supplemental applicable jurisdictions notices below.
The Policy may be provided in several languages to ease your understanding of its terms depending on your country of residence. However, the legally binding version is the English version.
2. Scope and applicability
2.1. Controller Information
Avanquest Software SAS is the data controller of the Personal Information provided that are processed in connection with the Services. The postal address is Immeuble Adamas, 2 rue Berthelot, CS 90142, 92414 COURBEVOIE CEDEX, France. We can be contacted at: email@example.com for general inquiries, or at firstname.lastname@example.org for privacy-related inquiries.
2.2. Data Protection Officer (DPO)
If you wish to contact us in any matter concerning this Policy, you are welcome to do so through the above address or by email to our data protection officer (DPO) at: email@example.com.
2.3. Categories of Data Subjects
This Policy applies to the following types of Data Subjects: (a) a visitor to a Website, including a Products webpage or landing page, s that link to this Policy or to this Privacy Portal (“Visitor(s)“); and/or (b) a user of any of the Products who downloads and installs a Product or otherwise interacts with the Services, whether accessing, downloading, installing, consuming or otherwise using them, (“User(s)“); and/or (c) a business customer, a business partner that has a contractual relationship with us, or a prospective customer or partner that is yet to be engaged in a contract with us (“Customer(s)“); and/or (d) a vendor, supplier or a Processor (“Vendor(s)“). Unless otherwise mentioned in this Policy, we refer to any type of Data Subject as “you”.
Changes to this policy
From time to time, we may amend, add or delete provisions of this Policy to accommodate changes in our Services, Products, and data processing policies and to conform to new legislation. If we introduce such changes, we will post the amended Policy in this Portal and the website of the specific Product or Service, and the changes will be reflected in the “last updated” date stipulated in the Policy.
In case of a substantial change, we will provide you with a more prominent notice, for example, posting a note on the Website or sending an email to you, if we hold your email address. Your use of the Site or Services following the effective date of any such modification, means you accept and agree to be bound by the modified Policy.
Transparency, consent and choice
You are not legally obligated to provide us with Personal Information (see definition below), and you acknowledge that providing us with Personal Information is done freely by you. You also acknowledge that we will not be able to provide you with the relevant Services or process requests you make without such information. Some of the Services will require you to submit specific Personal Information in addition to other information already processed about you. In such a case, you can choose whether you want to use such additional Services or not. To better learn about your rights relating to your Personal Information, please refer below to the relevant section in this Policy.
Personal information we may process and how
The information we process in connection with the Services can be one of the following:
- Personal Information (PI) means information that identifies you as a natural person, or that may be used, either alone or in combination with other information, to personally identify you as a natural person. Such information may include, for example, a first and last name, an email address, a phone number, a home or other physical address, and other contact information. In addition, in some jurisdictions (such as the EU, for example), and given the specific use we make with the information, an IP address, device ID, and cookies could be considered Personal Information as well.
- Non-Personal Information (non-PI) means information that cannot personally identify or lead to identifying a natural person. For example, statistics or aggregated information, or any other type of data that can no longer be attributed to you.
This Policy applies to Personal Information and can be processed or derived in one of the following ways:
1. Information you submit to us
For example: forms you submit, accounts you open, or information you share when you actively contact us via one or more of the channels we may make available to you.
Submitting information to us is optional in certain cases and required in others, depending on the Services you choose to use or access, and whether you are a Customer or a User. This category includes one or more of the following data categories:
We may process your contact details (such as name, email address, or phone number) in case you submit those to us when you contact us, open an account with us, subscribe to our mailing list, or reach out to our support services, as further described below.
If you voluntarily subscribe to our email communications, you will be asked to provide us with your email address. You can unsubscribe at any time using the unsubscribe option within the body of the email sent to you or by contacting our DPO at firstname.lastname@example.org.
Purpose: We use your email address to send you information related to the Products and Services, provide you with tips related to our Services and, subject to your consent, promotional and marketing emails.
Retention: We will retain your information for as long as you did not explicitly ask us to delete it or if we learn that it was unlawfully collected (for example, if we discover you are a minor), and provided that no exemption is applied according to applicable law.
Some of the Services require registration and signing up to a user account, for example, when you use any of our trial software licenses or, when you choose to purchase a Product license. If you choose to do so, you will be asked to submit some information such as your email address, full name, and other Personal Information as the submission form indicates.
Your email address will be used as your username together with a password of your choice for authentication and authorization purposes. This information will be used to uniquely connect your account and purchases with you, your device, and your usage and for account authentication and security purposes. Upon your consent, your email address will be also used to send you information, updates, and newsletters about our Services.
Purpose: We use your account information to assign an account to you, secure your access to your account, manage your installations and purchases of license activity, and provide you with access to your account and the ability to manage it directly.
Retention: We retain account information for as long as you are a User of the Product, and so long as the Account Information is required to provide you with the Services or, process your payments, billing, complete a transaction or as otherwise as required by any applicable law. If billing is involved, we may retain such data for up to seven (7) years from the billing event, as required by applicable tax laws.
If you wish to purchase a product license from us, you will be asked to provide your contact information, such as your full name, email address, billing information, shipping information (if relevant), and any other purchase-related information, in order to process your purchase, issue a license key for you, contact you in case of support necessity if an issue arises, and to protect the access to your account and purchased Product licenses. We also use this information to deliver purchase confirmations, notifications, download links, activation keys, support and product notices and other Product-related needs.
- If you purchase a license via a mobile application store, the relevant store will process your payment directly. Your payment information will be used to charge you for the product by our affiliated payment processing services or by our third-party payment processors.
- Purpose: We use this information to process your order, to deliver the Product you ordered, whether physically or by sending you your license key directly to your email address, to manage your purchase and the license key as per your selected type of subscription, and to protect the access to your account and purchased Product licenses.
- We also use this information based on your consent and sometimes for our legitimate interest of assigning you a license key based on your specific type of subscription and the specific type of device you associated with the license key. We associate your license key with your email address and device information. If we learn that it is necessary to prevent fraud and abusive conduct, we may add additional data to it. Upon your consent, your email address will also be used to send you information, updates and newsletters about our services.
- In case there is an issue with your order, one of our representatives will use the contact details you submitted in order to reach you by email or phone.
- Retention: We retain this information for as long as your license key is valid, and may sometimes retain it for longer periods when applicable laws require (for instance, payment information), or if you didn’t withdraw your consent to share information with you via certain contact details you submitted to us.
When you choose to contact us, we will process your inquiry details and content, including your contact details, in order to address such inquiries you have submitted to us. If you contact us for support, feedback, or other inquiries, either through an online form available on our Websites, by sending us an email, or by other means of communication we make available (such as by phone or submitting a bug report or filling in a survey), you will be requested to provide us with your name and email address (or other contact information, as the case may be and depending on how you want us to contact back), and the subject matter of your inquiry.
Purpose: We use this information, based on your consent and our legitimate interest, for the purpose for which it was provided, including, responding to your inquiry and providing you with the support or information you have requested, monitoring status, and for ticketing and recording purposes. This includes addressing any “Help and Support” ticket or chat you submit to us via the Websites or Services.
Retention: We retain such information for as long as needed to provide you with the inquiry requested or as required under applicable law. We may use third-party services (such as ZenDesk or Upclick) to help us provide this service. Hence your data will be shared with them only for processing, tracking, and addressing your request.
If you are a business partner or potential business partner, we may store certain contact information and job title information about you in our CRM systems. This may include full name, work title, work email address and name of the company in which or for which you work, website URL, phone number, and country.
Purpose: We retain and process this information for CRM purposes and business needs, based on your consent and our legitimate interest, that may have been provided to a third party that introduced your details to us. If we enter into a contract, then this will be the lawful basis.
Retention: We retain this information for as long as it is relevant for our business purposes, and, if we entered into a contract, then for as long as such contract is valid, relevant, and/or for as long as required by applicable local legislation.
Certain Products allow you to upload documents, files, or media (“your Content“). In the event that your Content includes any Personal Information, this information will be subject to your use and responsibility. We do not retain your Content, rather than any metadata required to operate, process and support your use of the Product. As a rule of thumb, your Content is retained locally on your local storage.
Upon your choice and request, we may offer you a backup option or cloud storage. In this case, it will be encrypted, and we will have no access to your Content. In any case, we implemented technical and organizational measures to ensure, from our side, maximum protection for you while you are using our Websites or Services.
Purpose and Retention: such type of data will be processed only to the extent necessary and for the time scope required to provide you with the Services, operate them and secure them.
When you choose to install the Product on your mobile device, or browser, we will ask for your approval (consent) of the permissions required for the Product you choose to install. For extended functionalities that we may offer from time to time, the operating system of your mobile, and its respective application store, will ask you from time to time to approve special permission (opt-in consent), such as access to your media files.
Retention: We retain this information for as long as your application for a position is under review, and/or for as long as required by applicable local legislation.
2. Information automatically processed
This category refers to means we use to improve our Customers’ and Vistors’ experience. and our process performance for our Services.
When you access one of the Websites, download, install or otherwise use a Product or otherwise use the Services, certain information about your actions in connection with the Services, your device, and website visitors may be processed in order to provide the Services, maintain them, understand User’s usage, improving them with further versions and features, supporting them and protecting them. This category includes one or more of the following:
We use this information to learn about the usage of the Websites, and the features we offer, and to extract analytics and statistics over time. In certain cases, and when a Visitor becomes a User, we may generate a dedicated random User ID to help us avoid providing redundant Services and offers.
Purposes: The use of Online Identifiers serves one or more of the following purposes: (i) As part of our legitimate interest, we use certain online information for analytics and statistical purposes when we want to learn how Visitors and Users use our Websites and Services, and when we want our Services to be responsive to Users’ and Visitors’ actions. (ii) We also use IP addresses many times as part of our legitimate interest to monitor, detect and prevent fraud or any automated non-human actions across our Websites and Services. The IP address also serves our legitimate interest to learn the country from which you access the Services and make sure we serve the Products and Services in the right language and in compliance with the jurisdiction in which we offer our Products and Services. (iii) In certain cases, and upon your consent, third-party cookies and tags will be used for advertising and marketing purposes of our Products and Services, including by using retargeting. See further explanation under “Third Party Services”.
We may collect certain information about the device from which you access the Websites, use Products, and Services, such as user-agent (that includes the browser type and version, IP address, operating system type, and version), device type (mobile/desktop), type and version of your operating system, your MAC address, the language you use on your device, and, when you choose to purchase a license to more than one device, we associate your license key and user ID with your email address and device information.
Purposes: Based on your consent, and in certain cases, our legitimate interest, we may process device information for one or more of the following purposes: (i) Product’s compatibility purposes, to the right device type, the relevant operating system’s version and features. (ii) Offering additional Services or features specifically designed for your device type, for instance, mobile vs. desktop. (iii) To associate a license key issued to you with the device on which you install the Product. (iv) The Products’ core functionality is to help you manage your device’s space and optimize your ability to use it. In that case, as part of the Product’s functionality and based on our legitimate interest we will access certain device information that is required to provide, maintain and support such functionality.
Retention: We retain device information for as long as necessary to provide the Product’s functionality, to maintain a record of your license key and usage of the product, and to associate license terms and renewals.
We also process certain online activity information from Visitors, for example, if you click an advertisement of our Product, we will get the source URL in which you click the advertisement, or, by using third-party services (such as retargeting), we may offer to you one or more of our Products when you visit other websites. Under this category, we may also capture your clicks on buttons in log files across our Websites or online Services, if provided, as described under the category of “Online Identifiers”.
Purpose: We use this information for the following purposes: (i) Based on your consent for advertising, marketing and retargeting of our Products and Services. (ii) Based on our legitimate interest – to make the Website, Products and Services responsive and functional, to measure and calculate our payments to advertisers and to monitor and prevent ad fraud concerning our Products and Services.
When you install one or more of our Products, our server may receive some information about your systems such as the type of your Operating System, version, language, timestamp of installation and the IP address that your internet service provider allocates to your computer, for purposes of ensuring that the device and installation are real and not fraudulent and to ensure that the device is one that was not already installed the same product before (anti-fraud purposes). We need this data so we can serve the installed file, operate it and ensure compatibility.
Purpose: This information is collected for purposes of enabling the installation of the Product, recording it in our systems, being able to serve you with the Services via our servers when you use the Product, and tracking and making sure that the device and installation are real and not fraudulent. We also need this data so we can serve the installed file, operate it and ensure compatibility.
Retention: We retain this information for as long as the Product is installed on your device, and sometimes a bit longer afterward if we believe in our discretion that your device and any associated installation are associated with fraudulent installations or any other malicious usage of our Services.
We automatically record and process activities related to the Product’s usage and functionality in order to be responsive to them or allow you to revert certain actions you took.
We use digital media channels in order to market and advertise our Products and Services. When you land on our Website as a result of clicking an ad, we will receive information about the source media from which you arrived at our Services. This information includes a referral URL (the URL from which you arrived at our Site) and your IP address and will be collected via tags and cookies. The purpose of processing this data is to know the marketing channel from which you arrived, measure and calculate purposes for the advertising, measure the effectiveness of a marketing channel and filter fraudulent actions associated with such marketing and advertising channels.
3. Information about you
This category refers to data we may receive from third parties concerning the Services we provide to you.
This category includes information you provided to a third party and we may get access to it. this includes the following:
When you purchase a Product your payment and billing information is collected and processed by our payment processor vendor. In this case, we will get access to the order and billing information, however, we will not have any access to your credit card details.
When you open an account and/or sign up for the Services, you may have the option to use social or email authentication. In this case, again, we will have access to metadata (such as tokens), and upon your consent, your social media’s public profile.
When we buy media and market our Products and Services, we may get certain online information about visitors from third-party media owners, such as Facebook or Google. This information does not personally identify you and is used to learn how successful (or not) our campaigns are.
When you use your social media account to sign in to our services, we may have access to certain public information you submit to such social media platforms.
Cookies and web technologies
A cookie is a small text file that is placed on the browser of the hard drive of your computer (or similar device) by websites you visit. Cookies are typically used in order to make websites function, or function more efficiently, as well as to provide information to the operator of the particular website. Cookies make your use of the Site and Services easier to use and improve their functionality. They are used to make the login process easier for our users, to allow the website to track which products you have added to your cart and your preferred country, language, and currency, and to track the website’s’’ Visitor across the Site.
Purpose and how we use personal information
We use your Personal Information for the purposes we described next to each data type above, and for the following purposes: (1) Providing our Services, supporting them, improving them, and securing them so as to better market and advertise them. (2) We use certain information to prevent fraud and fake installations. (3) Open an account for you, manage it and support it.
Lawful basis for processing Personal Information
In addition to the lawful basis mentioned next to each data category:
If you are a Customer, our lawful basis for processing your Personal Information is a contract or preparation for contractual engagement. Otherwise, we will process Personal Information based on your consent, if required by Applicable Laws, or legitimate interest when processed for such an interest. Otherwise, the lawful basis for data processing will depend on the Personal Information concerned and the specific context in which we collect it: (a) we normally process Personal Information where we have your consent to do so, for example, when you submit a form to us or open an account with us, or confirm our cookies usage; or, in certain cases (b) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, such as when we use the data in order to provide the core Services, or when used for anti-fraud purposes.
In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, including if you would like to better understand how our legitimate interests in processing your data are balanced against your data protection rights and freedoms, please contact us.
How we share personal information
In order to provide, operate, maintain, serve and improve our Services, so as to be able to offer additional products and features further, we use third-party services. Such Services include payment processors, feedback features, support and ticketing systems, operational tools, analytics, statistical tools, and so forth.
This means that we may share Personal Information of Users with the following categories of third parties for the respective purposes:
We use third-party hosting and storage services (including cloud storage) to host our Websites, and respective data and retain your Information. Such Processors may be based (and their servers may be located) anywhere in the world. We require each such Processor to maintain strict privacy protection and data security policies and ensure their compliance with applicable data protection laws. However, their practices and activities are fully governed by their own privacy policies.
If you are a User and visiting our Websites, we may use analytics services to help us understand how Users interact with our Websites and Services.
We may use, from time to time, support and help desk services to provide better and faster support, whether online or, when you contact customer support.
In cases where you open an account with us, we may integrate over time certain authentication services.
When you choose to purchase one or more of our products, we may use payment processing services carrying strict security standards.
If you are a Customer or a User, we may use services to manage and secure your Personal Information, or, manage subscriptions and notifications lists.
Some of our products and Services may include third-party technologies, widgets, or features in order to enhance a product’s functionality and expand it to include more features for you. For example, WordPress.
We may transfer your Information (including Personal Information) outside the country in which it is collected or in which you reside (e.g., to the United Kingdom or the United States), including to a country that may not offer the same level of protection for Personal Information as of the country in which you reside. However, in which case we make sure to place all contractual safeguards (such as verification of an adequate level of protection measures, security certificates and other measures that help us assess the security level of a third-party service).
Rights of Data Subjects
1. Privacy rights available to all Users
Depending on your country of residency and on the type of your use of our Products and Services, certain rights concerning your Personal Information may be available to you. If you are a Visitor of our Sites or a User of the Services, the following rights apply to you:
you have the right to know about the Personal Information that is collected and processed about you, including the categories of third parties with which we may share your information. To accommodate this right, we made this Policy as detailed and transparent as possible, and we provide additional disclosures and notifications throughout the Services, in proximity to the Personal Information collection point.
You have the right to ask us to access the Personal Information held about you.
you have the right to ask us to correct the information we hold about you. When you manage an Account with us, you can access this option at any time directly from your account.
you may ask us to delete certain Personal Information about you, or to stop using it. We can only do this when possible and as allowed by applicable laws. Sometimes we need your information to complete a transaction based on an action you made, comply with the law, or provide you with Products and Services.
you may contact us to request an export of your Personal Information in a reusable format, or to directly transfer such data to another vendor offering related services.
where you have given us your consent to use your Personal Information for a specific purpose, and in the absence of our legitimate interest or requirements by applicable law, you may decide to withdraw your consent and we will then stop using your information for that purpose.
2. Privacy rights for specific jurisdictions
In addition to the general rights outlined above, you may additionally refer to the region-specific rights related to your Personal Information.
3. Exercising your privacy rights
Please note, that requests to exercise your rights must be verifiable to be processed.
You can exercise your privacy rights in one of the following avenues:
- Directly from your account: Most rights are exercisable and available directly from the account you have with us (such as edit, portability, and deletion requests), or from their respective services and communications (such as unsubscription/opt-out etc.).
- Form submission: you can complete this form and either submit it digitally or send it by email to email@example.com.
- Email: reaching out to us at: firstname.lastname@example.org.
- Post: by post to: Avanquest Software SAS, Immeuble Adamas, 2 rue Berthelot, CS 90142, 92414 COURBEVOIE CEDEX, France.
Make sure to include sufficient information about the request, the related Service, and the Data Subject to allow us to verify you and your request and we will process your verifiable request within the timeframe indicated in the applicable regulation. Please note that when handling these requests, we may ask for additional information from you.
Please note that even if you unsubscribe from our service, we may still send you transactional emails related to purchases or product downloads, such as order confirmations, product notices, expiry notifications, bug-fix notifications, security alerts, compatibility notifications, or enhancements.
Please note that response times for exercising your rights may vary based on residency. Please refer to the “Special Jurisdiction” chapter for more information on response times in your region.
We implement organizational and technical measures to protect Customers’ and Users’ privacy and to protect their Personal Information, including, by using third-party services specializing in data security. We periodically review our information and data collection practices to ensure constant monitoring, we use third-party processing and serving services that implement various information security standards and certifications and we monitor and filter access to data when it comes to personnel in our organization. Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security, as there is no such thing when it comes to the worldwide network. Therefore, we cannot guarantee that the Site and our servers are immune to unauthorized access to the information stored therein and to other information security risks. If you have any questions about the security of our Websites or Services, you can contact us at email@example.com.
Highlights of our general Security Policy can be found here.
The Services are not designed to attract children under the age of 16. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 16. If we learn that we have collected Personal Information from a child under 16, we will use commercially reasonable efforts to delete that information as quickly as possible. If you believe that we might have any such information, please contact us at firstname.lastname@example.org.