MergerWare Privacy Notice

LAST UPDATED:  January 10,2018

This Privacy Notice is intended to describe how MergerWare collects, uses, and shares Personal Data that you submit to us and that we collect through our website https://www.mergerware.com (the “Site”).

PERSONAL DATA WE COLLECT

Pursuant to the European Union General Data Protection Regulation (GDPR), as applicable, we generally function as a “processor” for the Services we offer to our customers.  The scope of applicable data protections and processing for those Services are set forth in contractual agreements with our customers and are therefore not covered by this Privacy Notice.

We may process certain Personal Data in order to offer, maintain, provide, and improve our products, services, or deliverables (“Services”) to our customers, such as names, addresses, email addresses, and other contact information for designated customer representatives or personnel (“Customer Relationship Data”).  In addition, we may send marketing materials or communications to potential or existing customers (“Marketing Activities”).  For purposes of Customer Relationship Data and Marketing Activities, we generally function as a “controller.”  Our disclosures with respect to our processing of data as a controller are set forth in this Privacy Notice.

“Personal Data,” for purposes of this Privacy Notice, means any information relating to an identified or identifiable natural person.  As described in detail below, we may collect certain Personal Data from or about you in connection with your use of, or your submissions to, the Site, such as your name, position, company, address, telephone number, fax number, e-mail address, and payment information.

We may collect Personal Data as follows:

  • When you inquire about a demo, general questions or information, and partnership, and when you interact with or utilize our products or services.  We may collect Personal Data, such as your name, address, phone number, email address, fax number, business contact information, and payment information, when you use or interact with our Site and services, including when you request a demo or submit a query, browse our products or services online, inquire about partnering with us, make purchases from us, or utilize features on our Site.
  • When you communicate with us or sign up for materials.  We collect Personal Data, such as your name, email address, and other contact information, when you communicate with us, including when you submit information through the Site, and when you sign up to receive our Newsletter or other information.
  • When you register for or participate in events or programs.We may request or otherwise collect Personal Data, such as your name, email address, and other contact information, when you register for or participate in events or programs, such as a webinar.
  • When you engage with our online communities and forums.  We may collect Personal Data when you engage with our online communities, blogs, and forums, including any information you may provide through your interaction with or participation in our social media pages and groups.  Please note that online forums may be publicly accessible, and other users may view information you post in the forums.  We encourage you to exercise care in deciding what information and content you wish to disclose on the areas of the Site that are accessible to the general public.
  • When we collect data from third parties or publicly-available sources.  We may obtain certain data about you from third-party sources to help us provide and improve the services and for marketing and advertising.  We may combine your Personal Data with data we obtain from our services, other users, or third parties to enhance your experience and improve the services.
  • When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies. We may collect certain Personal Data using cookies and other technologies, such as web beacons, device IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. When you visit the Site, we may also automatically collect certain data about your device, including information about your web browser, IP address, and time zone. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.  Our “Use of Cookies and Similar Technologies” section contains more information and options to control or opt-out of certain data collection or uses.

You are not required to provide all Personal Data identified in this Privacy Notice in order to use the Site; however, if you do not provide the Personal Data requested, we may be unable to provide some or all of the Services to you.

USE OF COOKIES AND SIMILAR TECHNOLOGIES

The Site uses cookies and similar technologies to improve user experience, for performance and analytics, and to improve our content, products, and services.  We also use cookies and similar technologies for purposes of marketing and advertising.  In those jurisdictions that require it, we allow the data subject to give explicit permission or to deny the use of certain categories of cookies.

A “cookie” is a small text file that a web server stores in browser software.  A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others.  Some cookies and other technologies may serve to track Personal Data previously entered by a web user on our site. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them.   Cookies can remember login information, preferences, and similar information.

Cookies, as well as other tracking technologies, such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data.

We may also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types, clickstream patterns, dates and times that our site is accessed, and other categories of data.

If you want to block the use and saving of cookies from the Site on to the computers’ hard drive, you should take the necessary steps within your web browser’s settings to block all cookies from the Site and its external serving vendors, or use the cookie control system, if available upon first visit.  Please note that if you choose to erase or block your cookies, certain parts of our Site may not function correctly. For information on how to disable cookies, refer to your browser’s documentation.

HOW WE USE PERSONAL DATA

We may use Personal Data for a variety of different purposes as set out in further detail below.  In some cases, we will ask for your consent so that we may process your Personal Data.  However, in certain circumstances, applicable data protection laws allow us to process Personal Data without needing to obtain consent.  Subject to applicable law, the purposes for which we use and process Personal Data, and the legal basis for such processing, are set forth below.

In certain cases, subject to applicable law, separate consent is not required, including:

  • For the performance of a contract. To perform our contractual obligations to you, including to fulfil your request for our demonstrations, products, events, services, orders, or purchases you have made, to contact you in relation to any issues with our products or services, where we need to provide your Personal Data to our service providers, or to take steps in response to information or inquiries you may submit prior to entering into a contract or partnership with us, such as to fulfil your request for a product demonstration.
  • To comply with legal obligations.  To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.
  • Legitimate Interests. To operate our business and provide the Services, other than in performing our contractual obligations to you, for our “legitimate interests” for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.  Legitimate interests may include:
  • Tomaintain the Site and provide the Services, including for technical support;
  • To administer your usage of our products, verify yourage, identity, and/or payment details, and to authenticate or authorize access to the Site and our Services;
  • To communicate with you regarding the Services, including to provide you important notices regarding changes to our Terms and Conditions;
  • To address and respond to your requests, inquiries, and complaints;
  • To protect the confidentiality or security of information;
  • To develop, provide, and improve the Site and Services, including to better tailor the features, performance, security and support of our Services and the Site, and for statistical and analytics purposes;
  • For our direct marketing purposes;
  • To send surveys in connection with the Services;
  • For fraud, loss, and other crime prevention purposes;
  • To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties;
  • To enforce our Terms and Conditions, this Privacy Notice, or agreements with third parties;
  • To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process; or
  • Subject to applicable contractual or legal restrictions, in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.
  • To protect data subjects’ vital interests. To protect the vital interests of you or of another person.

In some cases, where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data, including:

  •  Where we are not relying on our legitimate interests or another legal basis for processing Personal Data, we may ask for your consent to contact you by telephone, SMS, post and/or email about other offers, products, promotions, developments, or services which we think may be of interest to you and for other marketing purposes.
  • Special Categories of Personal Data.We generally do not collect or require special categories of Personal Data (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health information, biometric data, or sexual orientation) in order to access our Site or utilize the Services.  In the event we may need to collect such information to provide a specific service to you, we will obtain your consent as required by law.  In certain circumstances, subject to applicable law, we may process or otherwise disclose special categories of Personal Data without consent, such as to protect the vital interests of you or of another person.
  • Cookies.  We may also request consent for some cookies in accordance with our cookie policy.

DISCLOSURES OF PERSONAL DATA

We may disclose Personal Data as described in this Privacy Notice, including:

  • We may disclose some or all of your Personal Data to our subsidiaries, joint ventures, and other companies under our common control (collectively, “Affiliates”), for the purposes described in this Privacy Notice.  Where we share Personal Data with our Affiliates, we will require our Affiliates to honor this Privacy Notice.
  • Service Providers and Vendors.We may disclose Personal Data to business partners, distributors, service providers, marketing partners, and vendors in order to maintain the Site and provide, improve, and personalize the Services, including to fulfill a request for a demo and/or our Services.  We may also share Personal Data for other technical and processing functions, such as sending e-mails on our behalf, fulfilling orders, technical support, or otherwise operating the Site, for analytics, and for marketing and advertising purposes. Such third parties may have access to Personal Data only as needed to perform their functions for us, and they may not use Personal Data for other purposes.
  • Pursuant to Legal Process.We may also disclose Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or as otherwise pursuant to legal process.
  • Protection of Rights and Interests.We may also use and disclose Personal Data to establish or exercise our legal rights, to enforce our Terms and Conditions, this Privacy Notice, or agreements with third parties, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.
  • Corporate Transactions.  Subject to applicable law, MergerWare reserves the right to sell or transfer Personal Data in the event that MergerWare is acquired by or merged with another company or in connection with the potential sale or transfer of some or all of the business assets of the Site or MergerWare.  If the sale occurs, the purchaser will be entitled to use and disclose the Personal Data collected by us, and the purchaser will assume the rights and obligations regarding Personal Data as described in this Privacy Notice.
  • Statement to Residents of the European Economic Area: Our disclosure is limited to circumstances where we are permitted to do so under applicable European and national data protection laws and regulations.  We may share Personal Data with third parties to provide our services, including for payment processing, administering and managing Services, for analytics, and communicating with you regarding our products and services, including for marketing purposes.  A description of third parties with whom we may share Personal Data is available below.

Below is a description of the types of third parties with whom MergerWare may share Personal Data:

  • Customer Service and Marketing Communications.  We utilize third-party customer relationship management (CRM) systems, such as Zoho, to manage our contacts, customers, events, and related information, and for marketing purposes.We may also use and disclose Personal Data to communicate with you via third-party marketing platforms such as MailChimp, which we use to distribute our newsletter, webinar invites, news updates, and other communications.  You can unsubscribe from our marketing communications by following the unsubscribe instructions that appear in these e-mail communications.  Alternatively, you may contact us at privacy@52.29.85.241 to opt-out of direct marketing.  For more information regarding opting out of marketing communications, please see the WITHDRAWING YOUR CONSENT section of our Privacy Policy.
  • Events and Programs.We may use third-party solutions, such as GoToMeeting, to assist with our event and program management activities, such as event scheduling, participant registration, and participant communications.
  • Online Forms and Surveys.We use third party services, such as Survey Monkey, to administer online forms and surveys related to our products and services.
  • Employment Application Management.We may utilize employment application management platforms, such as Angel List, to enable you to apply for employment and manage employment applications.
  • We use third-party solutions like Google Analytics to help us understand how visitors use the Site and to evaluate usage trends. You can read more about how Google uses Personal Data here.  You can also opt-out of Google Analytics here.
  • Social Media.  We may use widgets and tools from social networks, such as Twitter, Quora, and Facebook, and LinkedIn, to enable sharing and other functions through social networks.

DO-NOT-TRACK

Do-Not-Track is a public-private initiative that has developed a “flag” or signal that an Internet user may activate in the user’s browser software to notify websites that the user does not wish to be “tracked” by third-parties as defined by the initiative. The online community has not agreed on what actions, if any, should be taken by the websites that receive the “do not track” signal, and therefore Do-Not-Track is not yet standardized. Please note that the Site does not alter its behavior or use practices when we receive a Do Not Track signal from your browser.

SOCIAL NETWORK WIDGETS

Our Site may include social network sharing widgets that may provide information to their associated social networks or third-parties about your interactions with our web pages that you visit, even if you do not click on or otherwise interact with the plug-in or widget. Information is transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address, and the URL of the web page where widget appears. If you use social network tools or visit social networking sites, we encourage you to read their privacy disclosures, to learn what information they collect, use, and share.

INFORMATION FROM CHILDREN UNDER 18 YEARS OF AGE

We do not knowingly collect information from minors under the age of 18 years without parental consent.  If you become aware that an individual under 18 years of age has provided us with Personal Data without parental consent, please contact us at privacy@mergerware.com.  If we become aware that an individual under 18 years has provided us with Personal Data without parental consent, we will take steps to remove the data as permitted by law.

DE-IDENTIFIED OR ANYONYMOUS DATA

We may create de-identified or anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you or through obfuscation or through other means.  Our use of anonymized data is not subject to this Privacy Notice.

LINKS TO OTHER SITES

Our Site may contain links or otherwise provide access to another website, mobile application, or Internet location (collectively “Third-Party Sites”).  We provide these links merely for your convenience.  MergerWare has no control over, does not review, and is not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Notice does not apply to Third-Party Sites.  We encourage you to read the privacy policies of any Third-Party Site with which you choose to interact.

DATA SUBJECT RIGHTS

Data subjects in the European Economic Area and certain other jurisdictions may have certain rights under applicable data protection law, including the right to request confirmation from us as to whether or not we are processing your Personal Data.  Where we are processing your Personal Data, subject to applicable law, you also have the right to:

  • Request access to, modification or rectification, or deletion. You may have the right to request access to, modification of, or deletion of your Personal Data we maintain.
  • Request restriction of processing.You may have the right to request that we restrict processing of your Personal Data in certain circumstances, such as where you believe that the Personal Data we hold about you is inaccurate or our processing is unlawful.
  • Object to processing.In certain circumstances, you may have the right to request that we stop processing your Personal Data, such as a request to stop sending you direct marketing communications.  To opt-out of direct marketing communications, please see the instructions in the “Withdrawing Your Consent” section of this Privacy Notice.
  • Data portability.In certain circumstances, you may have the right to receive the Personal Data concerning you that you provided to us or to request that we transmit your Personal Data to another data controller.
  • Lodge a Complaint.  You have the right to lodge a complaint with a supervisory authority.

To exercise your rights, you may contact us as at privacy@mergerware.com.  As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion.  Furthermore, where permissible, we may charge for this service.  We will respond to reasonable requests as soon as practicable and as required by law. To protect your privacy and security, we may take steps to verify your identity in order to respond to your request.

WITHDRAWING YOUR CONSENT

In most cases, we need to process certain of your Personal Data in order to fulfil our contractual obligations to you and for our legitimate interests.  Where the basis of processing is legitimate interests, you have a right to object to the processing of your Personal Data.  Please note that, subject to applicable law, we may continue to process your Personal Data even where you object if there are compelling legitimate grounds for processing that override your interests and rights, or where processing is necessary to establish, exercise, or defend legal claims.

Where consent is the basis of processing, you may at any time withdraw the consent you provided for the processing of your Personal Data for the purposes set forth in this Privacy Notice by contacting us at privacy@mergerware.com, provided that we are not required by applicable law or professional standards to retain such information.

If you would like to stop receiving newsletters or other marketing or promotional messages, notifications, or updates, you may do so by following the unsubscribe instructions that appear in these e-mail communications.  Alternatively, you may contact us at privacy@mergerware.com to opt-out of direct marketing.  Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including legal notices and certain communications related to the provision of the Services.

Please note that if you do not provide consent, if you withdraw your consent or object to processing, or if you choose not to provide certain Personal Data, we may be unable to provide you some or all of the Services.

TRANSFER OF DATA

Please note that if you are visiting the Site from outside of the United States, your information may be transferred to, stored, and/or processed in this country.  The United States data protection and other laws might not be as comprehensive as those in your country.  If you are located outside of the United States, the transfer of Personal Data is necessary to provide you with the requested information, products, and services and/or to perform any requested transaction. By using any portion of the Site, you acknowledge and consent to the transfer of your information to our facilities in the United States.

DATA RETENTION

We will retain your Personal Data only for as long as you maintain an account or for as long as is necessary to provide the Services, or for such longer period as may be required or permitted by applicable law.  We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

SECURITY

MergerWare uses technical and organizational security measures designed to secure and protect Personal Data.  Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

CALIFORNIA PRIVACY RIGHTS

Under Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information (as defined by California law) the business shares with third parties for those third parties’ direct marketing purposes, and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at privacy@mergerware.com with “Request for California Privacy Information” in the subject line and in the body of your message. Be sure to provide in the request sufficient information to properly identify you and/or the members of your family.

UPDATES TO THIS PRIVACY NOTICE

We may update this Privacy Notice from time to time.  The most recent version of the Privacy Notice is reflected by the version date located at the top of this Privacy Notice. We encourage you to review this Privacy Notice often to stay informed of how we may process your information.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at privacy@mergerware.com or by mail using the details provided below:

MergerWare Corporation
10 St James Ave Flr. 11
Boston, MA 02116, USA
Email: info@mergerware.com

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