Effective May 25, 2018

 

This privacy and cookie policy describes how FileOpen Systems Inc. (“FileOpen”) uses and safeguards information provided to or collected by our websites and Services, identifies the information we obtain, and explains how you may request that we remove your information from our systems.

Please note our website and our services include links to, and in some cases operate on behalf of, other websites over which we have no control. We do not review the privacy policies of these external vendors, so suggest that you do so before supplying Personal Information.

 

Information Transfer

The FileOpen websites and Services are hosted and operated in the United States (“U.S.”), with development, support and maintenance operations in other countries. Privacy laws in the U.S. (and other countries) may differ from the laws where you reside. By using the FileOpen Software and Services, you acknowledge that any Personal Data you provide to FileOpen will be hosted on U.S. servers, and you authorize FileOpen to transfer your information to the U.S. and to store, host and process that data in the U.S. and you consent to this data transfer pursuant to either, at FileOpen’s discretion, the EU-U.S. Privacy Shield Framework or the standard data protection clauses promulgated by the EC.

 

General Conditions

FileOpen collects certain Personal Information through our website when you choose to contact us through email, online forms or other methods. This includes Personal Information you provide in order to obtain additional information about our products and services, or to request technical support and other similar functions. We use this information only to respond requests for information about our offerings. We also maintain logs of usage information from visitors to our website, including but not limited to IP addresses, the websites from which users arrive at our website, the type of web browsers used to access our website, the device used to access our website and the pages viewed.

 

You are not required to provide this information to us, but without it we can’t respond to your communication. We use this information to formulate sales and marketing communications, to improve our technical support capabilities and to develop future products and services. We obtain and process this information because we have a legitimate business interest in understanding the requirements of our customers and potential customers. We will keep this information for as long as you have a relationship with us or, if you do not have a relationship with us beyond this communication, for a reasonable length of time that lets us understand how people use our website.

 

Marketing Communications

If we have collected your Personal Information through our website or through other channels, such as a direct sales or support inquiry, we may use your Personal Information to inform you about other FileOpen services and products that might be of interest to you.  We use this information because FileOpen has a legitimate business interest in promoting our products and services. We will keep your Personal Information for a reasonable length of time that lets us understand how people use our offerings and the impact of any marketing offers that we make.

We also collect information about website users through “cookies.” For further information about Cookies, please see our "Use of Cookies" section below.

 

Licensees of FileOpen RightsManager 

This section applies to users of the FileOpen RightsManager Service. If you only use our public website or our Client software, this section does not apply to you. If you decide to license our Service, we will use your Personal Information for purposes of providing access to the RightsManager administrative functions. We use this information because we have a legitimate business interest in performing the contract that we have entered into with you to provide, manage and administer the RIghtsManager Service. We will keep this information for as long as you remain a licensee of the RightsManager Service.

 

As part of the RightsManager Service FileOpen will maintain a history of your access to the Service, and certain actions taken by you while accessing the Service. This includes maintaining a log of users' IP addresses, the websites from which users access the Service, the type of web browsers used to access the Service and the browser's settings that may affect Service performance.

We use this information because we have a legitimate business interest in understanding how our Service is accessed, how it is used and whether there are any potential security issues arising from such use.  We will keep this information for a reasonable length of time that allows us to provide the Service.

Licensees of FileOpen Sharebot

We have a set of data use and retention policies specific to the FileOpen Sharebot offering, here. 

Users of FileOpen Client software

The FileOpen Client software is licensed to third parties (“Licensees”) for the purpose of controlling access to information distributed by those entities. In order to provide this functionality the software must collect identifying data about the user requesting access and that user’s computing environment. This data may be considered to be Personal Information. Such data is transferred by the FileOpen Client directly to the server of our Licensee, where it may be processed and stored using methods that cannot be inspected or analyzed by FileOpen. The data transferred by the FileOpen Client to the server our our Licensee is not transferred to, stored, or analyzed by FileOpen, and therefore is not governed by this policy. We do not review the privacy policies of FileOpen Licensees, so suggest that you do so before supplying Personal Information

During operation the FileOpen Client may collect and transfer to FileOpen some environment, usage and performance information that is not Personal Information or that we aggregate or de-identify so that it no longer personally identifies an individual.

 

We also provide services directly to end users which may collect Personal Data when a user creates an account (a “User Account”); logs into the Service; interacts with the Service; uploads or generates User Content; communicates with us; and responds to a communication or interaction from us. Some of the methods and tools we use to collect such Personal Information are:

 

Unique Identifiers: We use unique identifiers such as cookies, e-mail or your pseudonymized customer ID to track individual usage behavior on our Service, such as the length of time spent on a particular page and the pages viewed during a particular log-in period. Unique identifiers collect information about a user’s use of our Service on an individual basis.

 

Mobile Device Identifiers: Mobile device identifiers are identifiers stored on a mobile device that track certain data and activities occurring on or through your device. Mobile device identifiers enable collection of Personal Data (such as media access controls) as well as non-personally identifiable information (such as usage and traffic data).

 

Desktop Device Data: The FileOpen Client software may obtain data from PC or Macintosh computers including, but not limited to, identifiers derived from local hardware, version information about Operating System and host applications, and configuration data about the FileOpen Client itself. As above, this information is transferred directly to the FileOpen Licensee.

 

Sale or Merger

If FileOpen were to be sold to or merged with another company your Personal Information would be transferred to that entity. In this case we would attempt to ensure that the terms of this Privacy Policy remain in effect, and would offer you the opportunity to have your Personal Information removed from our systems.

 

Forced Disclosure

We will disclose personal information in response to lawful requests by public authorities and, where applicable, in accordance with our internal policy on access by government or regulatory authorities and under our sole discretion where we believe such disclosure is appropriate in connection with an official government or regulatory investigation or in response to a perceived significant threat to a person's health or property. 

FileOpen may also process your Personal Information if necessary in the defense of a legal claim. We will not delete Personal Information if relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved.

 

Billing

If you have been designated by your organization as being a contact for billing or payment purposes, we will use your Personal Information to process your organization’s order, issue invoices to your organization and take payment from, or make payment to, you. We use this information because it is necessary for our contract with your organization that we do so. We will keep information relating to payments for the length of the contract between us and for ten (10) years afterwards.

 

Security of Information

FileOpen has implemented and currently maintains an effective written information security program that includes administrative, technical, and physical safeguards and other security measures necessary to ensure the security, confidentiality, and integrity of your Personal Information; protect against any anticipated threats or hazards to the security, confidentiality, and integrity of your Personal Information; protect against unauthorized access to, destruction, modification, disclosure or use of your Personal Information; and detect and respond to security incidents involving your Personal Information. We permit persons working for us to access and use your Personal Information only to serve our legitimate business and our customers’ service needs, in accordance with this Privacy Policy.

 

Notwithstanding any other provision of this Privacy Policy, FileOpen will disclose your Personal Information in response to a subpoena, search warrant, court order, exchange rule, other legal process or where FileOpen is otherwise required to do so in accordance with locally applicable law and where applicable, our internal policy on access by government or regulatory authorities; and in its sole discretion if it believes such disclosure is appropriate in connection with an official government or regulatory investigation, or under exigent circumstances in response to a perceived significant threat to a person's health or property.

 

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, including to countries outside of the location(s) of your business, such as the U.S.. Where such transfers of your Personal Information are made they will be made in accordance with applicable law.

 

You may request that we remove your Personal Information from our systems. However, by doing so, you will automatically lose all access rights to the Service. You may have your Personal Information removed +1 831 706 2170 or emailing us at privacy@fileopen.com.

You also may decline to receive mail or email from us that does not relate directly to your access to or use of the Service or a particular Exchange. If you wish to receive “support-only” contact at any time, please call us at +1 831 706 2170 or email us at privacy@fileopen.com.

 

Rights of European Citizens

If you are a resident of the EEA, you have certain rights regarding FileOpen’s use of your Personal Information.

Some of these rights, e.g., the right to be forgotten or the right to request that we transfer your information to another company, will only apply in certain circumstances. Generally, these rights will not be available if there are outstanding contracts between us, if we are required by law to keep the information or if the information is relevant to a legal dispute.

 

We have listed the rights you have over your Personal Information and how you can use them below. These rights are subject to restrictions under European data protection law and, subject to the exemptions in that law, may only apply to certain types of information or processing.

 

  • We need your consent for some of the ways we use your Personal Information, e.g., for marketing. You can remove that consent at any time.
    You may ask us to confirm if we are processing your Personal Information and if we are, you may ask for access to that information and details regarding:
    • what information are we using and for what purposes;
    • with whom we have shared your information;
    • the duration for which we will store your information;
    • your right to object to our storing or processing your information;
    • your right to lodge a complaint with a data protection supervisory authority;
    • the source of your information where it has not been provided by you;
    • the existence of any automated decision-making processes using your data or any profiling;
    • the transfers of your information to countries outside of EEA and the safeguards in place; and
    • your right to a copy of the information about you which is being processed by us.
  • You can ask us to correct your information if it is incorrect.
  • You can ask us to delete some of your information.
  • You can ask us to restrict how we use your information.
  • You can ask us to help you move some of your information to other companies.
  • You have a right to ask that we provide your information in an easily readable format to another company.
  • You can ask us to stop using your information, but only in certain cases.
  • You have the right to complain to the relevant supervisory authority.

You also have a right to object to us processing your information in certain circumstances.  You can ask us to stop processing your information at any time. In certain circumstances we may not be able to do this or may not be required to do this. For example, if there are outstanding contracts between us, if we are required by law to keep the information or if the information is relevant to a legal dispute.

If you would like to exercise, or discuss, any of these rights, please contact as described below.

 

Use of Cookies

Our website uses cookies to distinguish you from other users of our website and to collect information about your online preferences. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

 

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

 

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
  • Analytical/performance cookies. These cookies collect information about how you use our website. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. These cookies are sometimes placed by third-party providers of web traffic analysis services, such as Google Analytics or HubSpot.
  • Functionality cookies. These cookies remember choices you make and are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Please note that FileOpen does not accept or deliver any advertising, so any data gathered by cookies on the FileOpen website is used solely by FileOpen.

 

We use Google Analytics. For information on how Google processes and collects your information in regard to this product and how you can opt-out, please see here.

 

We use HubSpot. For information about how HubSpot processes and collects your information in regard to this product and how you can opt-out, please see here.

 

You can block cookies by activating settings in your browser. Please refer to the documentation of your browser for instructions on how to block or delete cookies. Note however, that if you block all cookies you may not be able to access some functionality of the FileOpen website.

 

Updates to this policy

From time to time, we may change and/or update this Privacy Policy. We recommend you regularly review this page.

 

Questions or comments

If you have questions or concerns about this Privacy Policy and our information practices, please contact us by email at privacy@fileopen.com.

You also have the right to complain to the local data protection authority within the EEA (DPA). You can find the details of your local DPA here.