Apcera Privacy Policy


When you interact with Apcera, Inc (“Apcera”), you trust us with your information.  Privacy is important to us for many reasons. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. Please read the following to learn more about our policies and procedures regarding the collection, use, and disclosure of information that we collect through Apcera websites, through Apcera products and services offered via an Apcera website, through Apcera social media pages, through email that Apcera sends to you, through Apcera-hosted events (such as promotional events, contests, sweepstakes), and through other means offered and controlled by Apcera that link to this Privacy Policy (collectively, the “Services”), in addition to information collected through Apcera’s offline interactions with our customer.   We feel that privacy is important, so we hope you will take time to read it carefully. 

By using the Services and/or by providing Personal Information to Apcera through the Services, you agree to and are consenting to be bound by the terms and conditions of this Privacy Policy.  Please note that your use of certain Services may be governed by separate terms and conditions entered into between Apcera and you or the organization for which you work.  Those terms and conditions may authorize different practices than those described in this Privacy Policy.  Therefore, please refer to all applicable terms and conditions that govern your use of the Services. 

PERSONAL INFORMATION

Personal Information. “Personal Information” is information about you that is personally identifiable, including your:

  • Name
  • Postal address (including billing and shipping addresses, and state/province and zip/postal code)
  • Email address
  • Telephone number
  • Employer
  • Position/job title
  • Usernames and passwords you create to use the Apcera Services

If you submit any Personal Information relating to other people in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

How We May Collect Personal Information. We and our service providers may collect Personal Information from you in a variety of ways. You may provide Apcera with your Personal Information when you create an account on any Apcera website, register your software, download a software update, register for support, sign up for Services, register for a seminar, send us information for troubleshooting or other analysis, purchase software, participate in a survey or other promotional activities, or solicit communication from Apcera. We may also receive your Personal Information from other online and offline sources, such as public databases, joint marketing partners, social media platforms, conference hosts, event companies, and other third parties. If you log in to any of our services using your social media login credentials (e.g., Google+), we may receive Personal Information as determined by the privacy settings of the applicable social media platform. You may refuse to supply Personal Information when doing any of the foregoing, with the understanding that this may prevent you from engaging in certain activities or using certain products or services.

How We May Use Personal Information. Apcera uses Personal Information for various purposes, including to help us deliver the highest possible level of customer service.  For example, we may use Personal Information:

  • To respond to your inquiries and fulfill your requests.
  • To provide you with our products or services, including software updates.
  • To allow you to sign up for and manage an account so that you can, among other things, participate in our online communities or submit and track a support case.
  • To send you administrative information, for example, announcements regarding our products or services, and changes to our terms, conditions, and policies.
  • To complete and fulfill your purchase, for example, to communicate with you and provide you with related customer service.
  • To send you marketing communications that we believe may be of interest to you, including product announcements, educational materials, special offers, and upcoming online and offline events in accordance with your communication preferences.
  • To personalize your experience by focusing on and presenting content, products, and offers tailored to your interests.
  • To allow you to participate in various promotional activities, contests, sweepstakes, usability studies, surveys and product tests.
  • For our business purposes, such as performing data analysis and audits, developing new products, improving our services, identifying usage trends, understanding the interests of our users, and determining the effectiveness of our promotional campaigns.
  • As we believe to be necessary or appropriate: (a) under applicable laws, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

How We May Disclose Personal Information. Apcera may disclose your Personal Information:

  • To our third-party service providers, vendors, and strategic partners whom we engage to provide services such as data hosting, data analysis, order fulfillment, delivery of products or services, management and enhancement of user data, infrastructure provision, IT services, customer service, email delivery services, auditing services, and other similar services, to enable such third parties to provide those services.
  • To third parties, including our strategic partners and resellers, to permit them to assess your interest in Apcera’s products and services, to conduct user research and surveys, or to send you their own marketing communications in accordance with your communication preferences.
  • To our affiliates for the purposes described in this Privacy Policy. Apcera is the party responsible for the management of the jointly-used Personal Information.
  • When you choose to post information or materials on message boards, chats, profile pages, wikis, blogs, and other areas within the Services. Please note that any information you post or disclose through these services may be available to visitors to those services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on these services.
  • As reasonable to proceed with the negotiation or completion of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
  • As we believe to be necessary or appropriate: (a) under applicable laws, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Protection of Personal Information. Apcera takes reasonable administrative, technical and physical measures to safeguard your Personal Information against loss, theft, and unauthorized access, use, disclosure, alteration, or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your Personal Information is not secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Apcera” section below.

Choices and Access. We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

  • Receiving electronic communications from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving them by clicking on the communication preferences link at the bottom of the email.
  • Our sharing of your Personal Information with affiliates for their direct marketing purposes: If you would prefer that we not share your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out of this sharing by e-mailing your request to us at it@apcera.com.
  • Our sharing of your Personal Information with unaffiliated third parties for their direct marketing purposes: If you would prefer that we not share your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by e-mailing your request to us at it@apcera.com.

We will try to comply with your request(s) as soon as reasonably practicable.  Please also note that if you opt-out of receiving marketing-related communications from us, we may still send you important messages about your account with us, from which you cannot opt-out. If we have shared your Personal Information with third parties for marketing purposes, subject to your consent if required under applicable laws, and you no longer wish to receive communications from them, you will need to contact those third parties directly to opt-out.

If you would like to review, access, correct, update, suppress, or delete Personal Information that you have previously provided to us, you may contact us in accordance with the Contact Apcera section below. In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us. We will try to comply with your request as soon as reasonably practicable.  Note that some access requests may be subject to a small fee.   

Retention Period. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required.

Use of Services by Minors. The Services are not directed to individuals under the age of thirteen (13) or those not of the age of majority in your jurisdiction, and we request that these individuals do not provide Personal Information through the Services.

Cross-Border Transfer. The Services are controlled and operated by us from the United States. Please note that we may share the personal information you provide to us with one or more of our affiliated group companies or with our third party service providers for the purposes described in this Privacy Policy. Some of these affiliated group companies and service providers may be based in territories that are outside your country of residence and may not be subject to the laws of your country of residence.  Where this is the case, we will take measures to ensure that your personal information is protected in accordance with this Privacy Policy.

Sensitive Information. We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership) to us. To the extent you send us any protected health information (“PHI”), the permitted uses and disclosures thereof are governed by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Standards for Privacy of Individually Identifiable Health Information, as amended.

OTHER INFORMATION

How We Collect, Use, and Disclose Other Information. Apcera also collects information that does not reveal your specific identity and does not directly relate to an individual (“Other Information”). Please note that we may use and disclose Other Information for any purpose, except where we are required to treat Other Information as Personal Information under applicable law, in which case we will use it for all the purposes for which we use and disclose Personal Information described above. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information as long as it is combined. Examples of such Other Information, and Apcera’s collection, use, and disclosure of same, include:

  • Aggregated Personal Information. Aggregated Personal Information does not personally identify you or any other user of the Services. We may use and share aggregated Personal Information for any purpose (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
  • Device Information. Certain technical information is collected from the computer, device, or browser that you use to access the Services, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Service you are using. We use this information to ensure that the Services are functioning properly, to determine whether you might benefit from a newer version of Apcera software, for troubleshooting, to improve our products and services, to analyze trends, and to understand our users.
  • Cookies and other device identifying technologies. A cookie is a small data file sent to your browser from a web server and stored on your hard drive. For more information about our use of cookies and your choices to opt out of their use, click to view our Cookie Policy.
  • Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies.  Apcera may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Services or our online content.
  • Pixel Tags. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some parts of the Services to, among other things, track the actions of users, understand the effectiveness of our communications, compile statistics about website usage, and for the same purposes for which we use cookies. Please see our Cookie Policy for more details.
  • Usage Data. When you use the Services, we and our service providers may track and collect information about how you use the Services. We use this information internally to troubleshoot and improve our Services.  You may opt out of such use by contacting us via the channels listed in the Contact Apcera section. 
  • IP Addresses. Your IP address is a number that is assigned to the computer that you use to access the Internet. We automatically log IP addresses in our server log files whenever you use the Services, along with the time of your visit and the page(s) that you visited. Apcera uses IP addresses to analyze trends, administer the services, track user movement, and gather broad demographic information for aggregate use and to comply with applicable laws.
  • Physical Location. On mobile devices that enable location-based services, we may collect the physical location of your device (determined by GPS or other signals) through your device’s operating system if you consent to us doing so. We may use this information to provide you with personalized location-based services and content.  You can restrict our access to your device’s location by managing the location-based service preferences on your device. 

Links to Other Parties

The Services may contain links to or facilitate access to third-party websites or online services. This Privacy Policy does not address, and Apcera is not responsible for, the privacy, information, or other practices of these third parties, including any app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer. The inclusion of a link within the Services does not imply endorsement of the linked site or service by us or our affiliates. Apcera encourages you to review the privacy policies and learn about the privacy practices of those companies whose websites you choose to visit.

Apps and other Third Party Content. The Apcera products and services may be extendible through the use of software applications that we offer through Apcera.com, called apps and add-ons. These extensions are versatile, and have access to a broad set of web technologies that can be used to collect and use your information. Additionally, some Services ship with a fully functional web and application server that can be extended by you or by third party software. This Privacy Policy does not extend to third party apps or add-ons, even if packaged by Apcera or offered through a Apcera web property. Apcera contractually requires third-party app developers to comply with applicable privacy and data protection laws.  If third-party app developers collect and transmit information about users of their apps, Apcera contractually requires the developers to provide app users with notice of the collection and use of such data, and to obtain consent from app users before modifying the information, disclosing the information to other entities, or using the information for purposes other than to provide the services offered by the apps. Apcera cannot guarantee that third-party app developers will comply with those requirements. When choosing to use apps, add-ons or other third party extensions, you are entering into a license agreement with those parties. You should familiarize yourself with the privacy policies of the organizations or individuals providing you with software that runs in or with your Apcera product.

Updates to This Privacy Policy.

We may change this Privacy Policy from time to time. Please take a look at the “Last Modified” legend at the bottom of this page to see when this Privacy Policy was last revised. If we change our Privacy Policy, we will post an updated privacy policy online, and it will become effective as of the date of posting. Your use of the Services following these changes means that you accept the revised Privacy Policy.

Contact Apcera

If you have any questions or comments about this Privacy Policy, the information practices of the Services, or your dealings with Apcera, you can contact us at any time:

Apcera Inc.
General Counsel
140 New Montgomery, Suite #1500

San Francisco, CA 94105
legal@apcera.com

Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your emails to us.

Links to Other Policies

Last Modified: September 30, 2016