Privacy Statement - Effective As Of February 6, 2019
Committed to Protecting Your Information
Aptean is committed to protecting personal information that we collect from you or that you provide to us and to using such personal information in compliance with applicable laws and regulations. This privacy statement aims to tell you how we process your personal information as a data controller whether received from our websites or collected by other means and will also tell you about your privacy rights. This website is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy statement together with any other privacy notice or fair processing notice we may provide on specific occasions when we’re collecting or processing personal data about you so that you are fully aware of how and why we’re using your data. This privacy statement supplements other notices we may provide and is not intended to override them.
This privacy statement is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this Privacy Statement.
- Who We Are
- Data We Collect About You
- How Is Your Personal Data Collected
- How Do We Use Your Personal Data
- Who Do We Disclose Your Personal Data To
- International Transfers
- Data Security
- Data Retention
- Your Legal Rights
- Aptean Group of Companies
1. Who We Are
Aptean is made up of different legal entities, including without limitation those stated below under ‘Aptean Group of Companies.’ This Privacy Statement is issued on behalf of the Aptean Group of Companies and references to “Aptean” “we” and “our” means any one or all of the Aptean group of companies.
This Privacy Statement covers the information practices of websites that link to this Privacy Statement, including without limitation: Aptean.com, Aptean.co.uk, Aptean.fr, Aptean.de, Aptean.es, Aptean.cn, and Aptean.jp (collectively referred to as “Aptean’s websites”, “our websites” or “the Company’s websites”).
We have appointed a data protection officer who is responsible for overseeing questions in relation to this Privacy Statement. If you have any questions about this Privacy Statement, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Email address: email@example.com
Postal address: the Data Protection Officer, 7 Rushmills, Northampton, NN4 7YB, UK
Changes To This Privacy Statement
This Privacy Statement may change from time to time so please re-visit this page as often as you wish. Changes to this Privacy Statement are effective at the time they are posted to our websites.
Your Duty To Inform Us Of Changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third Party Links
Aptean's websites may contain links to third party websites. While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other websites. When you leave our website we encourage you to read the privacy notice of every website you visit.
2. The Data We May Collect About You
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). In general, the list below refers to data we collect from our customers, prospective customers, prospective employees, partners, vendors and other individuals we interact with.
Depending on whether you are a customer, prospective customer, prospective employee, partner, vendor or other individual we interact with, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, last name, username or similar identifier, title, department and reporting relationship.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Job Recruitment Data includes details about your qualifications, skills, experience, employment history, current level of remuneration, including benefit entitlements, whether or not you have a disability and information about your entitlement to work in the country where you seek employment.
- Transaction Data includes details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the websites.
- Profile Data includes purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our websites, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
For each visitor to our websites, our web server may automatically recognize and store information, such as the visitor's IP address/domain name combination; the full Uniform Resource Locators (URL) clickstream to, through and from our websites (including date and time); products you viewed or searched for; page response times; download errors; length of visits to certain pages and page interaction information (such as scrolling, clicks, and mouse-overs).
- Strictly necessary cookies. These are cookies that are required for the operation of our websites. They include, for example, cookies that enable you to log into any secure areas of our websites.
- Analytical/performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our websites when they are using them. This helps us to improve the way our websites work, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our websites. 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).
- Targeting cookies. These cookies record your visit to our websites, the pages you have visited and the links you have followed. We will use this information to make our websites and the advertising displayed on them more relevant to your interests. We may also share this information with third parties for this purpose.
Except for essential cookies, all cookies will expire after 10 years.
Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may be unable to restore previously specified preferences or customization settings and our ability to personalize your online experience may be limited. Please refer to your browser instructions or "help" screen to learn more about these functions.
In addition, you may provide us with information about yourself by filling in forms on our websites or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you use our websites, subscribe to our communications, search for a product, participate in discussion boards or other social media functions on our websites, enter a competition, promotion or survey, report problems on our websites or participate in other authorized activities on the websites. Please do not provide us with personal information that we do not request as we will have no responsibility or liability to you for the consequences of your doing so.
If You Fail To Provide Personal Data
The information that is associated with your individual profile enables you to participate in activities, apply for a job or complete a registration using our websites. If you fail to provide that data when requested, we may be unable to complete your registration or application and we may not be able to permit you to participate in the activity that you are interested in.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if we have to take this course of action.
3. How Is Your Personal Data Collected?
We use different methods to collect data from and about you including through:
(i) Direct interactions. You may give us your personal data in person at trade shows or meetings, when you register for user events or in other circumstances, or by filling in forms including job applications or by corresponding with us by post, phone, email or other direct communications. This includes personal data you provide when you:
- are interested in possibly purchasing our products or services;
- seek information about or make an application for employment;
- opt in to our communications;
- enter a competition, promotion or survey; or
- give us some feedback
- Submit a web form
- Call Sales Line and speak to someone
(ii) Automated technologies or interactions. As you interact with our websites, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie section above for further details.
(iii) Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources including without limitation those as set out below:
- Technical Data from the following parties:
- analytics providers such as Google;
- advertising networks; and
- search information providers.
- Identity and Contact Data from data brokers or aggregators.
- Identity and Contact Data from publicly availably sources including without limitation LinkedIn, Companies House and the Electoral Register.
- Aptean partners
4. How Do We Use Your Personal Data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- To respond to your inquiries or to process your requests (such as to receive promotional materials)
- To administer our websites and for internal operations, including work planning, management and strategic decision making, troubleshooting, data analysis and hygiene, for updating and validating databases, product development, testing, system maintenance, support, reporting and hosting of data research, statistical and survey purposes
- To deliver relevant website content to you
- To deliver marketing communications to you and measure or understand the effectiveness of these we serve to you
- To offer Aptean products and services to you, whether directly or indirectly;
- To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
- To enable you to partake in a prize draw, competition or complete a survey
- To register you as a new customer
- To administer all parts of our contract with you including without limitation processing and delivering your order, managing payments, fees and charges and collecting and recovering money owed to us
- To process your job application
- To comply with our legal obligations. For example, it is mandatory to check a successful applicant’s eligibility to work in certain countries before employment starts
- We will release information about you if you direct us to do so, if we are required by law to do so, or in other legally limited circumstances (for example, to protect you from fraud).
- If Aptean or one of its affiliates is sold (either through a merger into another entity or the sale of all or substantially all of the assets of the selling entity), we may disclose your personal information to the prospective buyer because personal information about the selling entity’s customers is typically one of the assets that is transferred to the buyer.
Domain name information that we collect is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the websites, pages viewed and to improve the content of our websites.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional Offers From Us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
Prospective customers may receive marketing and other communications from us if you have:
- requested information from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing; and
- consented in advance, to us providing you, and/or permitted selected third parties to providing you, with information about products, services, promotions or events that may interest you. Where you have consented, Aptean and these selected third parties may contact you by telephone, mail or by other means for these purposes.
Existing customers may receive marketing and other communications from us provided you have not opted out of receiving those communications.
You can ask us or third parties to stop sending you marketing messages at any time by checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by Contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Legal Bases For Processing
We have set out below a description of some of the legal bases we rely on to process your personal data. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please email: firstname.lastname@example.org or write to the Data Protection Officer, 7 Rushmills, Northampton, NN4 7YB, UK if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. The following are non-exhaustive examples of where Aptean relies on legitimate interest to process personal data:
- Aptean has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate's suitability for employment and decide to whom to offer a job; and
- Aptean has a legitimate interest in processing personal data relating to our existing customers in order to manage our business relationship and provide communications and information that may be of interest.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to prospective customers.
Change Of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please email: email@example.com or write to the Data Protection Officer, 7 Rushmills, Northampton, NN4 7YB, UK.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Who Do We Disclose Your Personal Data To
We may have to share your personal data with the parties set out below where they are involved in providing services to us. We will only share personal information about you that is reasonably necessary for the other companies to have in order to provide their services to Aptean. These companies are contractually bound to use personal information we share with them only to perform the services we have engaged them to provide:
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International Data Transfers
Aptean primarily stores the personal data we collect in the United States. To facilitate Aptean’s global operations, staff who work for Aptean and/or our service providers may transfer and access such personal data from locations around the world. This will involve transferring your personal data outside the European Economic Area (EEA).
We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Statement.
Whenever we transfer your personal data out of the EEA, we will ensure one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or
- We may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or
- We will ensure there is some other protection in place which has been approved by the European Commission as giving personal data the same protection it has in Europe.
7. Data Security
We maintain appropriate physical, electronic, and administrative safeguards that are designed to protect your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Employees who misuse personal information are subject to disciplinary action.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our websites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data Retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting our DPO at firstname.lastname@example.org or by writing to The Data Protection Officer, Aptean Limited, 7 Rushmills, Northampton, NN4 7YB, UK.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data as set out below:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at email@example.com or write to: The Data Protection Officer, Aptean Limited, 7 Rushmills, Northampton, NN4 7YB, UK.
No Fee Usually Required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What We May Need from You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit To Respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. Aptean Group of Companies
The Aptean group includes but is not limited to the following companies:
- ActivPlant Corporation
- Apprise Software Pty. Limited
- Apprise Software Inc.
- Apprise Software s.r.o.
- Aptean (Australia) Pty Ltd.
- Aptean Connect, LLC
- Aptean France S.A. (Prev. Pivotal Corporation France S.A.)
- Aptean Global Holdings Corporation
- Aptean GmbH (Prev. Saratoga Systems, GmbH)
- Aptean Iberica S.L.
- Aptean India Private Ltd.
- Aptean Limited
- Aptean Nederland B.V. (Prev. Industri-Matematik Nederland B.V.)
- Aptean OY (formerly known as: CDC Software OY)
- Aptean Shenzhen Co., Ltd.
- Aptean Software India Private Limited (to be merged into Aptean India Private Ltd)
- Aptean Software Investments Limited
- Aptean Software Singapore Pte. Limited
- Aptean Systems, LLC
- Aptean, Inc.
- Asset Point LLC
- Catalyst WMS International, Limited
- CDC Software Canada Limited
- Chinadotcom Capital Limited
- Aptean Asia Pacific Limited
- Cimnet Systems PTE, Ltd
- Consona Asia Pacific Limited (changed name to Aptean (Hong Kong) Limited)
- Consona Asia Pte Ltd
- Consona Limited
- CSI-2, Inc.
- FDM Chile SpA
- FDM Software SA Inc.
- GEN2 Enterprise Software (Pty) Ltd
- GQ LifeSciences
- IMI Global Holdings Ireland Limited
- IMI North American Holdings Limited
- Industri-Matematik Ltd.
- MVI Holdings Limited
- MVI Software Limited
- MVI Technology Limited
- Nanjing Apprise Software Co., Ltd.
- Nolaba AB (Prev. Abalon AB)
- Platinum China Holdings, Inc.
- Platinum Software Company Limited
- Procurement Network (Pty) Ltd
- Respond Group Limited
- Ross Computer Software B.V.
- Ross Systems Europe N.V.
- Ross-MVI Holdings Limited
- Saratoga Systems SARL
- Saratoga Systems, Ltd
- TheySay Limited
- WKD Solutions Limited
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by emailing firstname.lastname@example.org or writing to the Data Protection Officer, 7 Rushmills, Northampton, NN4 7YB, UK.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal Third Parties
Other companies in the Aptean Group of Companies acting as joint controllers or processors and who are located globally.
External Third Parties
- Service providers acting as processors located globally who provide services to the Aptean Group of Companies
- Service providers acting as processors and joint controllers located globally who provide marketing services to the Aptean Group of Companies
- Aptean partners acting as processors and/or joint controllers
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers located globally who provide consultancy, banking, legal, insurance and accounting services.
- Regulators and other authorities acting as processors or joint controllers located globally who require reporting of processing activities in certain circumstances.