Last updated: April 2022
nexB Inc. (“nexB”, “we”, “our” or “us”) cares about your right to privacy. This policy outlines how we collect, store, use, and disclose the following types of data:
Visitor data includes individuals (“Visitors”) who visit our websites.
Prospect data includes individuals (“Prospects”) who have shared their email address with us for marketing and other business purposes.
This data is typically collected and generated through automatic means, directly from you, through interacting with us. Examples of this include registering for an online event organized by us, and requesting information via a form on our websites. We also may retain information from direct interactions and communications with you, including correspondences and feedback for user experience, support, and training purposes. We may also collect Prospect data from third-party services including events we organize or participate in, but we ensure that Prospects have given explicit consent for their information to be shared with us.
User data includes individuals (“Users”) who register for accounts for our cloud-based offerings, including ScanCode.io and DejaCode.
You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (per Section 6 below), please avoid any interaction with us or any use of our Services.
In plain English: we collect anonymized data for web visitors and personally identifiable information (PII) for Prospects and Users.
We collect PII information mainly ourselves through registrations and other forms.
We rarely collect PII information from third parties. When we do, we confirm with the third party that the Prospect and/or User has explicitly agreed for their PII to be shared and collected.
For Visitors, we collect and process data using Friendly Analytics, a service of Friendly GmbH in Switzerland, to track and analyse the success and reach of a website. Data stored by Friendly Analytics cannot be attributed to a specific person and is therefore not personally identifiable information. Friendly Analytics purposefully does not set cookies.
This makes the use of Friendly Analytics compliant with data protection laws such as GDPR (EU) and FADP (Switzerland).
Friendly Analytics stores the following data for visitors:
We use Friendly Automate to send emails and analyze the behavior of our contacts in emails and on our website. In doing so, Friendly Automate stores personally identifiable information for Prospects, which may include:
In our efforts to better communicate with Prospects, we include limited tracking on emails sent to Prospects to monitor open and click rates. This helps us ensure that we are delivering emails that our Prospects find informative and useful. This is the only tracking associated with personally identifiable information we use.
Site usage information: connectivity, technical and aggregated usage data, user agent, IP addresses, device data (such as type, OS, device ID, browser version, locale and language settings used), approximate geolocation, activity, communication and performance logs, session recordings, issues and bugs, and the cookies and pixels installed or utilized on your device.
In plain English: we use your data to provide you with our Services, to continually improve them, and to communicate with you.
nexB processes the personal data described in Section 1 for the purposes listed below, as necessary for the performance of our Services (“Performance of Contract”); to comply with our legal and contractual obligations (“Legal Obligations”); and to support our legitimate interests in maintaining, improving and advertising our Services. These include knowing how our Services are used, and how our Services, campaigns and other activities are performing; gaining insights which help us dedicate our resources and efforts more efficiently; marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our Services, ourselves and the organizations and individuals we engage with (“Legitimate Interests”).
Specifically, we use your data for the following purposes (and in reliance on the legal bases for processing noted next to them):
In plain English: we and our Service Providers will store your data in different locations worldwide.
We maintain, store and process personal data in Switzerland and the EU, as Regulations in Switzerland and the EU have become stricter. This is done to best ensure security and privacy for all our Prospects and Users.
We operate in variou ous locations around the globe, including in the EU and Switzerland, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
In plain English: we retain your personal data for as long as necessary to provide you with our Services.
We retain your personal data for as long as it is reasonably necessary to provide you with our Services and offerings and to maintain and expand our relationship; to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (e.g. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with applicable laws and regulations.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at email@example.com.
In plain English: we will do our best to make sure your data is secured.
We implement systems, applications and procedures to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry-standard security, however, although we make efforts to protect your privacy and data, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third-parties.
In plain English: we may share your data for different reasons, mainly to provide you with our Services, or if required by law.
In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations, with or without notice to you. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and Services.
We engage selected third-party companies and individuals to perform services complementary to our own. Such Service Providers include hosting and server co-location services, communications and content delivery networks (CDNs), internet service providers, operating systems and platform, data analytics services, marketing and advertising services, data and cyber security services, fraud detection and prevention services, billing and payment processing services, web analytics, email distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization services, social and advertising networks, content providers, support and customer relation management systems; and our business, legal, financial and compliance advisors (collectively, “Service Providers“). These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating, supporting and enhancing our Services, and may only use it for such purposes.
We may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of nexB, our Users, our Prospects, or any members of the general public.
We may share your personal data in additional manners, pursuant to your request or explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.
We do include a tracking pixel in emails sent to Prospects and Users through Friendly Automate to better provide our Services. The tracking pixel allows nexB to monitor if emails are opened and hyperlinks are clicked. We then use this information to ensure we improve the quality and relevancy of emails sent to our Prospects and Users.
In plain English: we may contact you with service and promotional communications.
We engage in service and promotional communications, through social media, email, and phone.
We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services (such as billing issues, login attempts or password reset instructions, alerts and notifications concerning anomalies detected by our Services, etc.). You can control your communications and notifications in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like password resets, billing notices, payment issues, login attempts or password reset instructions, etc.).
Notifications and Promotional Communications: we may also notify you about new features, additional offerings, events, webinars, special opportunities or any other information we think you will find valuable. We provide such notices through emails. In order to control your notifications settings, please follow the instructions included in the promotional communications sent to you. If you do not wish to receive such communication, you may also notify us by sending an email to: firstname.lastname@example.org.
In plain English: you may exercise your rights concerning your personal data, by contacting us.
Individuals have rights concerning their personal data. If you wish to exercise your privacy rights under any applicable law, such as the right to know or request access to specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), or rectification or erasure of your personal data held with nexB, please contact us via email at: email@example.com. If you wish to exercise your right to restrict or object to such personal data processing, to direct us not to sell your personal data to third parties now or in the future, to port such personal data, or to provide equal services and prices (e.g. freedom from discrimination) (each to the extent available to you under the laws which apply to you) – please contact us by email at: firstname.lastname@example.org.
Please note that such rights are not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal data that we hold about you. In the event that we cannot accommodate your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Please also note that we may require additional information, including certain personal data, in order to authenticate and process your request. We may then retain such additional information for legal purposes (e.g., as proof of the identity of the person submitting the request), in accordance with Section 4 above. We may redact from the data which we will make available to you, any personal data related to others.
In plain English: we are the controllers of our Prospect and User data; Friendly Automate is the processor of Prospect and User data.
Certain data protection laws and regulations, such as the GDPR, typically differentiate between two main roles for parties processing personal data: the “data controller”, who determines the purposes and means of processing; and the “data processor”, who processes the data on behalf of the data controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Our Services are not designed to attract persons under the age of 18. We do not knowingly collect personal data from persons under the age of 18 and do not wish to do so. If we learn that a person under the age of 18 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to the person under the age of 18. If you believe that we might have any such data, please contact us by email at privacy@nexB.com.
If you have any questions or would like to exercise your rights under the CCPA, you can contact email@example.com.
Privacy and Legal Concerns Relating to Websites: https://sandhill.com/article/privacy-and-legal-concerns-relating-to-websites/