Bombich Software Privacy Policy

This section summarizes how we obtain, store and use information about you. It is intended to provide a very general overview only. It is not complete in and of itself and it must be read in conjunction with the corresponding full sections of this Privacy Policy.

• Data controller: Bombich Software, Inc.
• How we collect or obtain information about you:
  • when you provide it to us (e.g. by contacting us, by signing up to our email newsletter, and by putting in a support request),
  • from your use of our website or email newsletter, using cookies and similar technologies, and
  • from third parties when you purchase our software.
• How we use your information: for administrative and business purposes (particularly to contact you and process orders you place on our reseller partner’s website), to improve our business and website, to fulfill our contractual obligations, to analyze use of our website, and in connection with our legal rights and obligations.
• Disclosure of your information to third parties: only to the extent necessary to run our business, to our service providers, to fulfill any contracts we enter into with you, and where required by law or to enforce our legal rights.
• Do we sell your information to third parties (other than in the course of a business sale or purchase or similar event): No
• How long we retain your information: for no longer than necessary, taking into account any legal obligations we have (e.g. to maintain records for tax purposes), any other legal basis we have for using your information (e.g. your consent, performance of a contract with you or our legitimate interests as a business) and certain additional factors described in the main section below entitled How long we retain your information. For specific retention periods in relation to certain information we collect from you, please see the main section below entitled How long we retain your information.
• How we secure your information: using appropriate technical and organizational measures such as storing your information on secure servers, encrypting transfers of data to or from our servers using Secure Sockets Layer (SSL) technology, only granting access to your information where necessary, storing personal data in encrypted databases, and by using pseudonymization to mask personal information when possible.
• Use of cookies and similar technologies: we use only essential cookies on our website; we do not use analytical or advertising cookies. We use web beacons in our email newsletter. For more information, please visit our Cookies Policy.
• Transfers of your information outside the European Economic Area: we transfer your information outside of the European Economic Area, including to the following countries: United States of America. Where we do so, we will ensure appropriate safeguards are in place, including the third parties we use who transfer your information outside the European Economic Area have certified to the U.S. Department of Commerce that they adhere to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF, or that they have alternate data transfer certifications and policies in place
• Use of automated decision making and profiling: we do not use automated decision making nor profiling for our email newsletter on our website.
• Rights of residents of the European Economic Area in relation to their information
  • to access your information and to receive information about its use
  • to have your information corrected and/or completed
  • to have your information deleted
  • to restrict the use of your information
  • to receive your information in a portable format
  • to object to the use of your information
  • to withdraw your consent to the use of your information
  • to complain to a supervisory authority
  • please note that these rights do not apply unless you are a resident of the European Economic Area
• Sensitive personal information: we do not knowingly or intentionally collect what is commonly referred to as ‘sensitive personal information’. Please do not submit sensitive personal information about you to us. For more information, please see the main section below entitled Sensitive Personal Information.

The data controller in respect of our website is Bombich Software, Inc. You can contact the data controller by writing to 785 Williams St #132, Longmeadow MA 01106 USA, or sending an email to privacy@bombich.com.

If you have any questions about this Privacy Policy, please contact the data controller.

We collect and use information from website visitors in accordance with this section and the section entitled Disclosure and additional uses of your information.

Web server log information

We use a third-party server to host our website called Knownhost, LLC, the privacy policy of which is available here: Knownhost Privacy Policy. Our website server automatically logs the IP address you use to access our website as well as other information about your visit such as the pages accessed, information requested, the date and time of the request, the source of your access to our website (e.g. the website or URL (link) which referred you to our website), and your browser version and operating system.

Our server is located in the United States and, accordingly, your information is transferred outside the European Economic Area (EEA). For further information and information on the safeguards used, please see the section of this privacy policy entitled Transfers of your information outside the European Economic Area.

Use of website server log information for IT security purposes

We and our third-party hosting provider collect and store server logs to ensure network and IT security and so that the server and website remain uncompromised. This includes analyzing log files to help identify and prevent unauthorized access to our network, the distribution of malicious code, denial of services attacks and other cyber-attacks, by detecting unusual or suspicious activity.

Unless we are investigating suspicious or potential criminal activity, we do not make, nor do we allow our hosting provider to make, any attempt to identify you from the information collected via server logs.

Legal basis for processing: compliance with a legal obligation to which we are subject (Article 6(1)(c) of the General Data Protection Regulation).

Legal obligation: we have a legal obligation to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of our processing of information about individuals. Recording access to our website using server log files is such a measure.

Legal basis for processing: our and Knownhost’s legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interests: we and Knownhost have a legitimate interest in using your information for the purposes of ensuring network and information security.

Use of website server log information to analyze website use and improve our website

We use the information collected by our website server logs to analyze how our website users interact with our website and its features. For example, we analyze the number of visits and unique visitors we receive, the time and date of the visit, the location of the visit and the operating system and browser used.

We use the information gathered from the analysis of this information to improve our website. For example, we use the information gathered to change the information, content and structure of our website and individual pages based according to what users are engaging most with and the duration of time spent on particular pages on our website.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: improving our website for our website users and getting to know our website users’ preferences so our website can better meet their needs and desires.

Cookies

Cookies are data files which are sent from a website to a browser to record information about users for various purposes.

We use essential cookies on our website, but do not use analytical or advertising cookies. For further information on how we use cookies, please see our Cookies Policy.

You can reject some or all of the cookies we use on or via our website by changing your browser settings but doing so can impair your ability to use our website or some or all of its features. For further information about cookies, including how to change your browser settings, please visit www.allaboutcookies.org or see our Cookies Policy.

We collect and use information from individuals who contact us in accordance with this section and the section entitled Disclosure and additional uses of your information.

Email

When you send an email to email addresses displayed on our website we collect your email address and any other information you provide in that email (such as your name, telephone number and the information contained in any signature block in your email).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest(s): responding to inquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so.

Transfer and storage of your information

We use a third-party email provider to store emails you send us. Our third-party email provider is Lux Scientiae, Inc. located in the United States. Their privacy policy is available here: Lux Scientiae Privacy Policy.

Some emails you send us are transferred to our help desk software, hosted by our third-party help desk provider, Zendesk, LLC. For further information please see the section of this privacy policy entitled Website help desk support request form.

Emails you send us will be stored outside the European Economic Area on Lux Scientiae’s and/or Zendesk’s servers in the United States. For further information please see the section of this privacy policy entitled Transfers of your information outside the European Economic Area.

Website help desk support request form

When you contact us using our website’s help desk support request form, we collect your email address. We also collect any other information you provide to us when you complete the contact form including a description of your support request.

If you do not provide the mandatory information required by our contact form, you will not be able to submit the contact form and we will not receive your inquiry.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest(s): responding to inquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

Transfer and storage of your information

We use a third-party help desk provider to store messages you send us. Our help desk provider is Zendesk, LLC located in the United States of America. Their privacy policy is available here: Zendesk Privacy Policy. Messages you send to us via our help desk support form may be stored outside the European Economic Area on our help desk provider’s servers in the United States.

For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

In-App help desk support request form

When you contact us from within one of our desktop software applications by using the Help menu item and support form, we collect your name and email address. We also collect any other information you provide to us when you complete the contact form including a description of your support request and/or your application logs.

If you do not provide the mandatory information required by our contact form, you will not be able to submit the contact form and we will not receive your inquiry.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest(s): responding to inquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so.

Transfer and storage of your information

We use a third-party help desk provider to store messages you send us. Our help desk provider is Zendesk, LLC located in the United States of America. Their privacy policy is available here: Zendesk Privacy Policy. Messages you send to us via our help desk support form may be stored outside the European Economic Area on our help desk provider’s servers in the United States.

We use an encrypted server hosted by Google Cloud to store your application log files, if you choose to attach them to your support request. Google, LLC is located in the United States of America. Their privacy policy is available here: Google Cloud Data Processing Addendum. This server is completely separate from Zendesk. Each stored log file is associated with a numeric identifier. If you choose to attach log files to your help desk request, your email address and support message will be stored in a database that links the log files to the information you provided in your request. If you submit your log files separately from your help desk request, the log files will only be associated with the numeric identifier. All log files and optional customer information is deleted from this server after a maximum of 30 days.

For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

Social Media Inquiries

When you contact us via Twitter or Facebook, we collect your name, login name and any other data provided by Twitter or Facebook, such as your email address. We also collect any other information you provide to us when you contact us including the reason for your contact.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest(s): responding to inquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

Transfer and storage of your information

We use a third-party help desk provider to store, track, and respond to social media messages you send us. Our help desk provider is Zendesk located in the United States of America. Their privacy policy is available here: Zendesk Privacy Policy. Messages you send to us via our help desk support form may be stored outside the European Economic Area on our help desk provider’s servers in the United States.

For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

Phone

When you contact us by phone, we collect your phone number and any information provide to us during your conversation with us.

We do not record phone calls.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation)

Legitimate interest(s): responding to inquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

Transfer and storage of your information

Information about your call, such as your phone number and the date and time of your call, is processed by our third-party telephone service provider Ooma which is located in the United States. Their privacy policy is available here: Ooma Privacy Policy.

Information about your phone call will be stored by our third-party telephone service provider outside the European Economic Area. For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

Postal Mail

If you contact us by postal mail, we will collect any information you provide to us in any postal communications you send us.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation)

Legitimate interest(s): responding to inquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so.

We collect and use information from individuals who interact with particular features of our website in accordance with this section and the section entitled Disclosure and additional uses of your information.

Email Newsletter

When you sign up for our email newsletter on our website or opt-in to our newsletter by checking a box when purchasing our products from our reseller partner, Brightmarket LLC d/b/a/ Fastspring, we collect your name and email address.

Legal basis for processing: your consent (Article 6(1)(a) of the General Data Protection Regulation).

Consent: you give your consent to us sending you our email newsletter by signing up to receive it using the steps described above.

Transfer and storage of your information

We use a third-party service to send out our email newsletter and administer our mailing list, Intuit Mailchimp. Their privacy policy is available here: Intuit Global Privacy Statement.

Information you submit to subscribe for our email newsletter will be stored outside the European Economic Area on Mailchimp’s servers in the United States. For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

Use of web beacons in emails

Mailchimp automatically places single pixel gifs, also known as web beacons, in every email sent by their users. These are tiny graphic files that contain unique identifiers that enable Mailchimp and their users to recognize when their subscribers have opened an email or clicked certain links. These technologies record each subscribers’ email address, IP address, date, and time associated with each open and click for a campaign. This data is used to create reports for their users about how an email campaign performed and what actions subscribers took.

For more information on how we use web beacons in our email newsletter emails, see our Cookies Policy. For more information about our third-party mailing list provider and they use web beacons, please see their privacy policy which is available here: Intuit Global Privacy Statement.

Marketing communications

We do not perform any direct marketing to customers outside of our email newsletter.

For further information about our email newsletter, please see the section of this privacy policy entitled Email Newsletter.

This section sets out how we obtain or collect information about you from third parties.

Information received from third parties

Generally, the only information we receive about you from third parties is from our reseller partner, Brightmarket, LLC d/b/a Fastspring. It is also possible that third parties with whom we have had no prior contact may provide us with information about you.

Information received when you place an order for one of our products with third-party resellers

We do not directly sell our products via our website but work with a third-party reseller, Brightmarket, LLC d/b/a Fastspring. When you click on any “Buy Now” or purchase links on our website, you are redirected to Fastspring’s website and storefront. Fastspring is the seller of record for all transactions. As such, Fastspring is the Data Controller of all sales and purchase related data. Fastspring operates in the United States as Brightmarket, LLC dba Fastspring; in the United Kingdom as Bright Market LLC dba FastSpring Limited, and in the Netherlands as FastSpring B.V.

Mandatory information

When you place an order for goods or services on our website, Fastspring shares your name and contact details with us. If you do not provide this information, you will not be able to purchase goods or services from Fastspring or enter into a contract with them.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: where a third party has passed on information about you to us (such as your name and email address) in order for us to provide services to you, we will process your information in order to take steps at your request to enter into a contract with you and perform a contract with you (as the case may be).

For example, we would have a legitimate interest in processing your information to perform our obligations under a sub-contract with the third party, where the third party has the main contract with you. Our legitimate interest is the performance of our obligations under our sub-contract.

Similarly, third parties may pass on information about you to us if you have infringed or potentially infringed any of our legal rights. In this case, we will have a legitimate interest in processing that information to investigate and pursue any such potential infringement.

Optional information

We also receive optional information about you. During checkout, Fastspring asks you if you would like to receive email marketing communications from Bombich Software. For further information, see Email Newsletter in the section above.

If you do not supply the optional information requested at checkout, we will not be able to send you marketing emails but you will be able to complete your purchase.

Legal basis for processing: your consent (Article 6(1)(a) of the General Data Protection Regulation).

Legitimate interests: you consent to us processing any optional information you provide by submitting that information to Fastspring.

Where we receive information about you in error

If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete your information.

Profiling

Profiling is any form of automated processing of your information to evaluate personal aspects about you, in particular to analyze or predict things like your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

Use of profiling in marketing emails

We use web beacons in our marketing emails to analyze who opens our emails and what actions they take (for example, what they click on). We will only process information from web beacons if you have consented to their use in accordance with our Cookies Policy.

Logic involved: by analyzing how our email recipients respond to our emails, we are able to improve the content and effectiveness of our emails and gauge who is most interested.

Significance and envisaged consequences: your behavior when you open our emails will be tracked using small gif files (web beacons) including open rates and click through rates.

How to object: If you object to receiving emails with web beacons, you can choose to receive plain-text emails, which do not contain web beacons. You can do so by clicking on the settings link at the bottom of every marketing email that we send and then specifying plain-text. You may also email us at newsletter@bombich.com and we can adjust that setting for you.

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: analyzing the level of engagement and effectiveness of our marketing emails and content.

This section sets out the circumstances in which will disclose information about you to third parties and any additional purposes for which we use your information.

Disclosure of your information to service providers

We use a number of third parties to provide us with services which are necessary to run our business or to assist us with running our business and who process your information for us on our behalf. These include the following:

• Email providers, including Lux Scientiae, Inc.; Sinch Mailgun; and Intuit Mailchimp. Their privacy policies are available here: Lux Scientiae Privacy Policy | Mailgun Privacy Policy | Intuit Global Privacy Statement
• Help desk software provider, including Zendesk, LLC. Their privacy policy is available here: Zendesk Privacy Policy
• Hosting providers, including Knownhost LLC, Google, Inc., and Amazon Web Services. Their privacy policies are available here: Knownhost Privacy Policy | Google Privacy Policy | Amazon Web Services Privacy Policy
• Internal communication software providers, including Slack Technologies and Apple. Their privacy policies are available here: Slack Privacy Policy | Apple Privacy Policy

Our third-party service providers are located in the United States of America.

Your information will be shared with these service providers where necessary to provide you with the service you have requested, whether that is accessing our website or ordering goods and services from us.

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest relied on: where we share your information with these third parties in a context other than where is necessary to perform a contract (or take steps at your request to do so), we will share your information with such third parties in order to allow us to run and manage our business efficiently.

Legal basis for processing: necessary to perform a contract and/or to take steps at your request prior to entering into a contract (Article 6(1)(b) of the General Data Protection Regulation).

Reason why necessary to perform a contract: we may need to share information with our service providers to enable us to perform our obligations under that contract or to take the steps you have requested before we enter into a contract with you.

Disclosure of your information to other third parties

We disclose your information to other third parties in specific circumstances, as set out below.

Sharing your information with third parties, which are either related to or associated with the running of our business, where it is necessary for us to do so.

These third parties include our reseller partners, independent contractors, and insurers. Further information on each of these third parties is set out below.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: running and managing our business efficiently.

• Advisors. Occasionally, we obtain advice from advisors, such as accountants, financial advisors, lawyers, public relations and marketing professionals. We will share your information with these third parties only where it is necessary to enable these third parties to be able to provide us with the relevant advice. Our advisors are located in the United States of America.
• Independent contractors. Occasionally, we use independent contractors in our business. Your information will be shared with independent contractors only where it is necessary for them to perform the function we have hired them perform in relation to our business. Our independent contractors are in the IT security industry and located in the United States in America.
• Insurers. We will share your information with our insurers where it is necessary to do so, for example in relation to a claim or potential claim we receive or make or under our general disclosure obligations under our insurance contract with them. Our insurer is The Hartford. Their privacy policy is available here: The Hartford Privacy Policy. Our insurers are located in the United States of America.

Sharing your information with a prospective or actual purchaser or seller in the context of a business or asset sale or acquisition by us, a merger or similar business combination event, whether actual or potential.

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest(s): sharing your information with a prospective purchaser, seller or similar person in order to allow such a transaction to take place.

Disclosure and use of your information for legal reasons

Indicating possible criminal acts or threats to public security to a competent authority

If we suspect that criminal or potential criminal conduct has occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that fraud or a cybercrime has been committed or if we receive threats or malicious communications towards us or third parties.

We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interests: preventing crime or suspected criminal activity (such as fraud).

In connection with the enforcement or potential enforcement our legal rights

We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: enforcing our legal rights and taking steps to enforce our legal rights.

In connection with a legal or potential legal dispute or proceedings

We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest(s): resolving disputes and potential disputes.

For ongoing compliance with laws, regulations and other legal requirements

We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one.

Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).

Legal obligation(s): legal obligations to disclose information which are part of the laws the United States of America or the Commonwealth of Massachusetts or if they have been integrated into the United States of America’s legal framework (for example in the form of an international agreement which the United States has signed).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: where the legal obligations are part of the laws of another country and have not been integrated into the United States’ legal framework, we have a legitimate interest in complying with these obligations.

This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.

Retention periods

• Server log information: we retain information on our server logs for thirty days.
• Order information: when you place an order for goods and services, we retain your name and email until you ask us to delete them. Since our licenses are valid in perpetuity, we retain your name and email in order to provide customer technical and license support to fulfill our contract with you.
• Correspondence and inquiries: when you make an inquiry or correspond with us for any reason, whether by email, via our support ticket system, or by phone, we will retain your information for as long as it takes to respond to and resolve your inquiry, and for ten years, after which point we will automatically delete your information.
• Email Newsletter: we retain the information you used to sign up for our email newsletter for as long as you remain subscribed (i.e. you do not unsubscribe) or if we decide to cancel our email newsletter service, whichever comes earlier.

Criteria for determining retention periods

In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:

• the purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future);

• whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);
• whether we have any legal basis to continue to process your information (such as your consent);
• how valuable your information is (both now and in the future);
• any relevant agreed industry practices on how long information should be retained;
• the levels of risk, cost and liability involved with us continuing to hold the information;
• how hard it is to ensure that the information can be kept up to date and accurate; and
• any relevant surrounding circumstances (such as the nature and status of our relationship with you).

We take appropriate technical and organizational measures to secure your information and to protect it against unauthorized or unlawful use and accidental loss or destruction, including:

• only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymized basis wherever possible;
• using secure servers to store your information;
• verifying the identity of any individual who requests access to information prior to granting them access to information;
• using Secure Sockets Layer (SSL) software to encrypt any information you submit to us via any forms on our website;
• only transferring your information via closed system or encrypted data transfers; and
• storing customer-submitted logs and customer data that includes name and email addresses in encrypted databases with as much data pseudonymized as possible.

Transmission of information to us by email

Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.

We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.

Your information will be transferred and stored outside the European Economic Area (EEA) in the circumstances set out below. We will also transfer your information outside the EEA or to an international organization in order to comply with legal obligations to which we are subject (compliance with a court order, for example). Where we are required to do so, we will ensure appropriate safeguards and protections are in place.

Server log information

Information collected when you visit our website is transferred outside of the EEA and stored on the servers of our third-party hosting company, KnownHost, LLC. You can access their privacy policy here: Knownhost Privacy Policy.

Country of storage: United States of America. This country is not subject to an adequacy decision by the European Commission.

Safeguard(s) used: our third-party hosting provider, KnownHost, complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). They have certified to the U.S. Department of Commerce that they adhere to the EU-U.S. DPF Principles with regard to the processing of personal data received from the European Union, the United Kingdom, and Switzerland.

Help Desk Contact Form

Information you submit to us via our support contact form on our website, or within our software applications, is transferred outside the EEA and stored on our third-party help desk host provider’s servers. Our help desk host is Zendesk, Inc. You can access their privacy policy here: Zendesk Privacy Policy.

Country of storage: United States of America. This country is not subject to an adequacy decision by the European Commission.

Safeguard(s) used: Whenever Zendesk shares personal information originating in the European Economic Area (EEA) with a Zendesk entity outside the EEA, it does so on the basis of its approved binding corporate rules known as the Zendesk Binding Corporate Rules (“Zendesk’s BCR”) which establish adequate protection of such personal information and are legally binding on the Zendesk Group under Article 47 of the General Data Protection Regulation. Zendesk’s BCRs were approved by the European data protection authorities on 19 May 2017 and are available here: Zendesk BCRs.

Email

Information you submit to us by email is transferred outside the EEA and stored on our third-party email provider’s servers. Emails may also be forwarded into our help desk system and stored there. Our third-party email provider is Lux Scientiae, Inc.; You can access their privacy policy here: Lux Scientiae Privacy Policy.

We also use a third-party email service to send transactional emails to customers. Our third-party transactional email service is Sinch Mailgun. You can access their privacy policy here: Mailgun Privacy Policy.

Some email is stored by our third-party help desk provider, Zendesk LLC. For additional information, please see the section above entitled Help Desk Contact Form.

Country of storage: United States of America. This country is not subject to an adequacy decision by the European Commission.

Safeguard(s) used:

Sinch Mailgun: for transfers of Personal Data from the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom to countries which do not ensure an adequate level of Data Protection within the meaning of Data Protection Laws of the foregoing territories, to the extent such transfers are subject to Data Protection Laws and Regulations and in order to implement appropriate safeguards, the following safeguards are taken: (i) Standard Contractual Clauses as per European Commission's Decision 2021/914/EU of June 4, 2021, (2) UK Addendum, and (3) additional safeguards with respect to security measures including data encryption, data aggregation, separation of access controls and data minimization principles.

Lux Scientae: complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. Lux Scientiae has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF.

Email Newsletter

Information you submit to us when you sign up for our email newsletter is transferred outside the EEA and stored on our third-party mailing list provider’s servers. Our third-party mailing list provider is: Intuit MailChimp. You can access their privacy policy here: Intuit Global Privacy Statement and Data Processing Addendum.

Country of storage: United States of America or any other worldwide country that may not be subject to an adequacy decision by the European Commission.

Safeguard(s) used: our third-party mailing list provider may transfer and process Customer Data to and in the United States and anywhere else in the world where Mailchimp, its Affiliates or its Sub-processors maintain data processing operations. Mailchimp shall at all times ensure that such transfers are made in compliance with the requirements of Data Protection Laws and their SCCs.

Further information on your rights in relation to your personal data as an individual

The above rights are provided in summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to your information, including any limitations which apply, please visit the following pages on the ICO’s website:

• Individual rights ; and
• Is my information being handled correctly?

You can also find out further information about your rights, as well as information on any limitations which apply to those rights, by reading the underlying legislation contained in Articles 12 to 22 and 34 of the General Data Protection Regulation, which is available here: Rules for the protection of personal data inside and outside the EU.

Verifying your identity where you request access to your information

Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so.

These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorized access to your information.

How we verify your identity

Where we possess appropriate information about you on file, we will attempt to verify your identity using that information.

If it is not possible to identity you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.

We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.

Please note that these rights to not apply to individuals that reside outside of the European Economic Area. You have the following rights in relation to your information, which you may exercise in the same way as you may exercise by writing to PO Box 60753, Longmeadow, MA, 01116 USA or sending an email to privacy@bombich.com .

• to object to us using or processing your information where we use or process it in order to carry out a task in the public interest or for our legitimate interests, including ‘profiling’ (i.e. analyzing or predicting your behavior based on your information) based on any of these purposes; and
• to object to us using or processing your information for direct marketing purposes (including any profiling we engage in that is related to such direct marketing).

You may also exercise your right to object to us using or processing your information for direct marketing purposes by:

• clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link;
• sending an email to newsletter@bombich.com asking that we stop sending you marketing communications or by including the words “OPT OUT”.

For more information on how to object to our use of information collected from cookies and similar technologies, please see the section of our Cookies Policy entitled How to accept or reject cookies in our cookies policy.

‘Sensitive personal information’ is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation.

We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.

If, however, you inadvertently or intentionally transmit sensitive personal information to us, you will be considered to have explicitly consented to us processing that sensitive personal information under Article 9(2)(a) of the General Data Protection Regulation. We will use and process your sensitive personal information for the purposes of deleting it.

We update and amend our Privacy Policy from time to time.

Minor changes to our Privacy Policy

When we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.

Major changes to our Privacy Policy or the purposes for which we process your information

Where we make major changes to our Privacy Policy or intend to use your information for a new purpose or a different purpose than the purposes for which we originally collected it, we will notify you by posting a notice on our website.

We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose.

Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.

Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the internet. We do not knowingly contact or collect information from persons under the age of 18. The website is not intended to solicit information of any kind from persons under the age of 18.

It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 18, please do so by sending an email to privacy@bombich.com.

“Do Not Track” is a privacy preference that users can set in their web browsers. When a user turns on a Do Not Track signal in their browser, the browser sends a message to websites requesting that they do not track the user. For information about Do Not Track, please visit www.allaboutdnt.org

At this time, we make our best attempt to respect all Do Not Track browser settings. However, since there is no set legal standard for Do Not Track settings, please note that our websites may not recognize or take action in response to all Do No Track signals from Web browsers.

For information on how to opt out from tracking technologies used on our website, see our Cookies Policy.

This Privacy Policy is based on a General Data Protection Regulation (Regulation (EU) 2016/769) (GDPR) compliant template provided by GDPR Privacy Policy. For further information, please visit https://gdprprivacypolicy.org.

The copyright in this Privacy Policy is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.

Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.