© 2023 all rights reserved Avanquest Software SAS.
The titles and headlines are only for convenience purposes and are not legally binding.
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: email@example.com.
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: firstname.lastname@example.org for general inquiries, or at email@example.com 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: firstname.lastname@example.org.
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 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”.
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.
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.
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 (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 as 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:
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:
01. Contact details.
We may process your contact details (such as name, email address, or phone number) in case you submitted those to us when you contact us, open an account with us, when subscribe to our mailing list or when reaching out to our support services, as further described below.
02. Subscription to our mailing list.
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 rather by contacting our DPO at email@example.com.
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.
03. Signing up, registration, and account management.
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.
04. Purchasing a product license.
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 to 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 will be 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.
05. Contacting us/Support.
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.
06. Business customer information.
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 entered 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.
07. Files and/or media uploading.
Certain Products (such as inPixio, for example) 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.
08. Browser and mobile permissions.
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.
09. Job recruitment.
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.
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:
01. Online identifiers.
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”.
02. Device Information.
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.
03. Online activity.
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.
04. Installation reports.
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.
05. Product Activity.
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.
06. Media buying and marketing channels.
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.
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 third party and we may get access to it. this includes the following:
01. Billing information.
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.
02. Authentication and social media.
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.
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.
We use your Personal Information for the purposes we described next to each data type above, and for the following purposes:
- Providing our Services, supporting them, improving them, and securing them so as to better market and advertise them.
- We use certain information to prevent fraud and fake installations.
- Open an account for you, manage it and support it.
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.
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:
01. Hosting services and storage vendors. 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.
02. Analytics, business intelligence and statistics vendors. If you are a User and visiting our SitesSites, we may use analytics services to help us understand how Users interact with our SitesSites and Services.
03. Support and customer 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.
04. Authentication and authorization services. In cases where you open an account with us, we may integrate over time certain authentication services.
05. Payment processors. When you choose to purchase one or more of our products, we may use payment processing services carrying strict security standards.
06. Customer relations management and mailing lists. 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.
07. Technology partners that are integrated into Products or Websites. 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.
09. Business partners who combine their technological features with us may have access to certain Personal Information about your usage, as collected from you. In these cases, you will always be able to check their privacy policies before using the combined services.
10. Our affiliated companies. We may disclose Personal Information to any current or future affiliated company, parent companies, or subsidiaries to process for the purposes described in this Policy. Affiliated companies are companies controlling, controlled by, or under common control with us, including, for example, Avanquest North America.
11. Legal Proceedings or law requirements.We may share your Personal Information with any third- party if we believe that disclosure of such information is helpful or reasonably necessary to: (a) comply with any Applicable Law, regulation, legal process, or governmental request; (b) enforce our license agreement, terms of service or this Policy, including investigations of potential violations thereof; (c) detect, prevent, or otherwise address fraud or security issues; and/or (d) protect against harm to the rights, property or safety of our companies, our affiliated entities, our users, yourself, and/or the public.
12. Merger, sale, or bankruptcy. In the event that we or one of our affiliated entities is acquired by, or merged with, a third-party entity or otherwise sells all or part of our/its assets, we may (and hereby reserve the right to) transfer or assign the Personal Information and other information we have collected or received. In such a case, we will require the acquiring entity to post its data practices and provide you with any of your rights as per the jurisdiction of your residency.
13. Special Cases. We may share information upon your consent or in fraud prevention or investigation cases. We may store Non-Personal and Personal Information on our servers or our cloud servers, use or share Non-Personal Information in any of the above circumstances, and provide and improve our Service as detailed above. Furthermore, we reserve the right to use, disclose or transfer (for business purposes or otherwise) aggregated and processed data to third parties, including, inter alia, affiliates, for various purposes, including commercial use. This information may be collected, processed, and analyzed by us and transferred in a combined, collectively, and aggregated manner (i.e., your information is immediately aggregated with other users) to third parties.
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).
01. 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:
The right to know: 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.
The right to access: the Personal Information held about you.
The right to rectification: 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
The right of erasure: 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.
Portability right: 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.
The right to withdraw consent previously given: 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.
02. 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.
03. Exercising your privacy rights
Please note, 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 request), 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 firstname.lastname@example.org.
- Email: reaching out to us at: email@example.com.
- 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 firstname.lastname@example.org.
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 email@example.com.