Clearswift takes your privacy very seriously and it is important to us that you understand how we use your information when you use our websites, services or transact business with us and your rights in respect of the same. This policy applies to all information you provide to us as defined in the EU’s General Data Protection Regulation (2016/679 EU) (“GDPR”).
This Policy describes what type of information we gather or track, how the information is used, shared or otherwise processed and how cookies and other technologies may be used in our offerings and software products.
If you have any questions about how we use your personal information, please contact us by email: firstname.lastname@example.org or write to us at Clearswift, 1310 Waterside, Arlington Business Park, Theale RG7 4SA UK.
This Policy applies to the Clearswift Group of companies which at present comprise of:
- Clearswift Holding Limited
- Clearswift Limited
- Clearswift Corporation
- Clearswift GmbH
- Clearswift (Asia/Pacific) Pty Ltd
- Clearswift Kabushiki Kaisha
- Clearswift Technologies Holdings Ltd
The Clearswift Group of companies are part of the RUAG Group – RUAG Holding AG, Switzerland.
1. How We Collect Personal Information
You may give us personal information directly in a variety of situations. For example, you may give us your name and contact information to communicate with you, to order a product, to process an order, to register for a service, to provide you with a subscription, or to do business with us if you are a supplier or a business partner. You may also provide your credit card details to buy something from us or may share a description of your education and work experience in connection with a job opening. If you tell us that you do not want us to use your information to make further contact with you beyond fulfilling your request, we will respect your wishes.
We may also collect information relating to your use of our Websites and product offerings through the use of various technologies. For example, when you visit our Website, we may log certain information that your browser sends us, such as your IP address, browser type and language, access time, and referring Website addresses, and we may collect information about the pages you view within our sites and other actions you take while visiting us. In addition, some of our software products include technologies that allow us to collect certain information about product use. We may also use such technologies to determine whether you've opened an e-mail or clicked on a link contained in an e-mail. Collecting information in this manner allows us to collect statistics about the usage and effectiveness of our marketing communications, Web sites, our software products and our offerings, which enables us to personalize your experience and tailor our interactions with you.
To become a member and subscribe to any of our email services or communication platforms or to be able to access some of our product information services or download software, you will need to register with us. The registration process includes the collection of certain information, which will allow us to manage our website, send you the information you require, contact you following the download of evaluation software to discuss a purchase and allow us to monitor and enforce certain contractual clauses between us and the users of our software, especially in relation to the provision of support and/or maintenance services and the licence to use our software.
From time to time, we may also collect information that pertains to you indirectly through other sources, such as list vendors, resellers, and other partners. When we do so, we ask the vendors and partners to confirm that the information was legally acquired by them and that we have the right to obtain it from them and use it.
2. How We Use Personal Information
The following paragraphs describe in more detail how we may use your personal information. We will use your information for one or more of these purposes:
- To fulfill our contractual obligations to you and to enforce our contractual obligations if you enter into a contract with us.
- You consent to our use of your data for marketing or other purposes; and/or
- For our legitimate business interests where it is fair to use the personal information for our business interests and there is no disadvantage to you which can include contacting you about our products and services, marketing to you or collaborating with others to improve our products and services.
3. What Kinds of Personal Information We Use
We use a variety of personal information depending on the products and services we deliver to you. For all products and services, we need to use your name, address and contact details as a minimum. Normally, we do not need or collect any health or special category/sensitive information that requires a higher level of protection.
Fulfilling Your Transaction Request
If you request something from us, for example, a product or service, a callback, or specific marketing materials, we will use the information you provide to fulfill your request. To help us do this, we may share information with others, for instance, our business partners and third-party providers involved in fulfillment. In connection with a transaction, we may also contact you as part of our customer satisfaction surveys or for market research purposes.
Personalising your Experience on our Websites
We may use the information we collect about you to provide you with a personalized experience on our websites, such as providing you with content in which you may be interested.
We may use your personal information to support products or services you have obtained from us, such as notifying you of a product update or fix.
The information you provide to us, as well as the information we have collected about you indirectly, may be used by us for marketing purposes. You may at any time choose not to receive marketing materials from us by following the unsubscribe instructions included in each e-mail you may receive, by indicating so when we call you, or by contacting us directly (see below).
In connection with a job application or inquiry, whether advertised on our website or otherwise, you may provide us with information about yourself, such as a resume. We may use this information in order to address your inquiry or consider you for employment purposes. All applicants will receive a copy of our separate applicant notice which sets out what we will do with your information and for how long it will be retained.
Monitoring or Recording of Calls, Chats and Other Interactions
Certain online transactions may involve you calling us or us calling you. Please be aware that it is our general practice to monitor and, in some cases, record such interactions for staff training or quality assurance purposes or to retain evidence of a particular transaction or interaction.
Protect the Rights and Property of Clearswift and Others
We may also use or share your information to protect our rights or property, our business partners, suppliers, clients, or others when we have reasonable grounds to believe that such rights or property have been or could be affected. In addition, we reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights, or the rights of others, or to comply with a judicial proceeding, court order, or legal process served on our Web sites.
Information of Business Partners
If you represent a Clearswift business partner, you may visit the pages on our Website intended specifically for our business partners. We may use personal information provided on those pages to administer and develop our business relationship with you, the business partner you represent, and our business partners generally. For instance, this may involve using your information to send you details of our business partner programs. It may also include sharing certain information with other business partners (subject to any confidentiality obligations that may exist), or customers or prospects. In connection with a particular transaction or program, we may also contact you as part of customer satisfaction surveys or for market research purposes.
4. Sharing of Personal Information and International Transfers
Except as described elsewhere in this document or as permitted or required by relevant legislation, we do not provide any personal information we have collected to third parties or other users. We do not sell any personal information to any third party.
Clearswift is a global organization and is part of the RUAG organization. As such, Clearswift may share information about you with RUAG and other Clearswift Group companies. RUAG has its own GDPR policy and this policy is not applicable to RUAG. We may also transfer your personal information to countries in the world where we do business in connection with the uses and purposes identified above and in accordance with this Policy. We assure you that all RUAG and Clearswift Group companies have signed inter-company data protection agreements agreeing to protect your data– irrespective of where they are based. If we transfer your personal information outside the EEA, we will ensure that it is only to countries that the EU Commission has decided ensure an adequate level of protection for your personal information or we have put in place our own measures to ensure adequate security as required by data protection law.
European personal information is stored on servers located in data centers in Europe. We may also store regional information at our satellite offices in Australia, Japan, and the US. Our various global re-sellers and distributors may also store your personal information as may be legally and/or contractually required by them. In relation to any resellers or distributors, you need to satisfy yourself that they are acting in accordance with any local obligations.
5. Information Security and Accuracy
We maintain the highest standard of data privacy and security to protect your personal information and to maintain its accuracy. We have implemented physical, administrative and technical safeguards to help us protect your personal information from unauthorized access, use, and disclosure. For example, we encrypt certain sensitive personal information when we transmit such information over the Internet. We also require that our suppliers protect such information from unauthorized access, use, and disclosure. Information is only shared with other Clearswift companies if necessary to fulfill our obligations to you, maintaining the business and to ensure the most appropriate individual is party to such information. Information is password encrypted and all of our staff are vetted. We do not use automated decision-making processes.
We regularly review our processes and procedures to protect your personal information from unauthorized access and use, accidental loss and/or destruction.
To assist us in managing the company's security, the security of our online services and computer systems, we scan the content of incoming and outgoing emails, using our proprietary software, for inappropriate content.
In the event of a security breach impacting your personal information, we will notify you at the earliest opportunity possible. In addition, we will notify the applicable supervisory authority of a personal data breach, without undue delay and, where feasible, not later than 72 hours after having become aware of it. Any notifications will include details such as but not limited to:
- the likely consequences of the personal data breach, and
- the measures taken or proposed to be taken by Clearswift to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects..
We will retain your information only for so long as it absolutely necessary for us to carry out the purpose for which it is used. If the purpose is the fulfillment of our contractual obligations to you, we will retain the data for so long as the contract remains in force and for such duration after that as may be required for legal, tax or other regulatory reasons. If your data was obtained with your specific consent, we will keep the data only for so long as is necessary to comply with that purpose. If we use your data for our legitimate business interests, we will retain your data only for so long as is necessary to fulfill those business interests. In all cases, you may request us to remove your data (see below). Wherever possible, it is our policy to delete or anonymize personal data within 30 days after the purpose for which it was collected has ceased (90 days for state or local government).
7. Cookies and Other Technologies
As with many other companies, any emails we may send to the address supplied by you will contain tracking images that enable us to see when you open the email. We will also know if you click on any link contained in the email. We use this information to help us improve the quality and relevance of our communications. If you do not download images in our emails, then we are not able to track when you open or read the emails we send.
8. Other Websites
Our Policy may change from time to time. We keep our policy under regular review and we will place any updates on this web page.
This Policy was last updated in May 2018.
10. Privacy Questions, Access, Corrections and Withdrawal of Consent
If you wish to obtain a copy of particular information you provided to us, or if you become aware the information is incorrect and you would like us to correct it, or you wish to withdraw consent previously given contact us as follows:
- Email: email@example.com
- Write: Legal Dept., Clearswift Limited, 1310 Waterside, Arlington Business Park, Theale, RG7 4SA, United Kingdom
You also have a right to lodge a formal complaint to the relevant supervising authority in your country if you believe we have not acted appropriately in relation to your personal data.
Before we are able to provide you with any information or correct any inaccuracies, we may ask you to verify your identity and to provide other details to help us to respond to your request.
If you no longer wish to receive marketing e-mails from us, please send an e-mail as above or follow the unsubscribe instructions included in each marketing email.