ALTOVA’S PRIVACY POLICY

A. INTRODUCTION

Altova is committed to protecting your privacy and Personal Data. Personal Data is data that would permit us to identify you. This Privacy Policy covers Altova’s practices concerning the collection and use of Personal Data on the altova.com website, the shop.altova.com website (“Altova Online Shop”), any on-premise Subscription Service, the Altova Cloud Portal, and any Subscription Service available from the Altova Cloud, or other Altova owned, operated, licensed or controlled site(s) (collectively the “Site(s)”) as well as Personal Data collected by Altova via alternate business channels such as telephone calls, trade shows, conferences, or from our partners. This Privacy Policy details the privacy practices of Altova GmbH and its subsidiaries (“Altova”) in connection with your use of the Site(s) as well as Altova software products and/or services. By using the Site(s) and/or installing Altova software, you are deemed to consent to the Privacy Policy as well as the Altova Website Terms of Use, as applicable.

If you do not consent to the Privacy Policy and the practices outlined below, do not use the Site(s), Altova software, the Subscription Services, the Altova Cloud, access our services, or download materials. Subject to applicable law, Altova revises the Privacy Policy from time to time. When we update the Privacy Policy, we will revise the “last updated” date at the bottom. We encourage you to read the complete Privacy Policy and to contact us via email or post with any questions or comments that you have.

B. HOW WE COLLECT YOUR PERSONAL DATA

Altova may collect Personal Data in a number of ways. The most common are when you request an evaluation keycode directly from within Altova software; when you request an evaluation extension; when you subscribe to e-mail newsletters; when you join a limited access part of the Site(s); when you create an account or post to the Forums; when you participate in a contest, survey, or promotion; when you report a problem with our Site(s), our services or our software products; or when you purchase, activate and register Altova software products and services. Altova may also collect Personal Data as part of your use the Altova Cloud Portal and the Subscription Services accessed via the Altova Cloud. Altova may also receive Personal Data about you from other business channels such as telephone calls, trade shows, conferences, product demonstrations, service engagements, or from our partners.

Altova typically collects Personal Data supplied by the customer to provide a product or service or as part of a purchase, activation and registration. This information typically includes but is not limited to the customer e-mail address, name, company, organization or location. Our order forms in the Altova Online Shop collect customers’ contact information and financial information such as credit card number and other billing information, which is used to process, fulfill and deliver your order. All of the data that moves between your browser and all Altova Site(s) is transmitted over an encrypted channel using at least TLS 1.2 (Transport Layer Security) encryption to guard your data against abuse.

Altova collects the information submitted via the Altova Online Support Center and technical incident support form to better serve our customers. Altova collects data about the Site(s) visitors which may identify the visitor in our server log files, cookies and web beacons as described below.

For the Altova Desktop Development Tools, Mobile Development Tools, Server Software Products, and Regulatory Solutions used “on-premise,” the software contains a software activation system that allows for an exchange of technical and license related data. This is collected to prevent unlicensed or illegal use of the software. The Altova software will connect to the Altova Master License Server and convey information such as the operating system hosting the software, IP address, the DNS, UUID, date and start time of the initial session execution, and software key code, name and version. If you use the Altova LicenseServer, then the software will also send the information noted above to the Altova LicenseServer which aggregates the data and conveys it to the Altova Master License Server on a daily basis. In addition, the Altova LicenseServer transmits data about itself to the Altova Master License Server, including the version, location and network address, and the deployment data for key codes in the licensing pool. For the Altova server software, additional information applicable to its licensing parameters is also transmitted, such as the download id (if applicable), system core count, systemid, single thread execution flag, system address, system user, system machine id, checkout id, checkout time, checkout end.

As part of the Subscription Services offered on the Altova Cloud via the Altova Cloud Portal, customers may enter Personal Data as part of their usage of the Subscription Services. The type of data entered will be different depending on the Subscription Service you use. As this information is entered into the Subscription Service by the user, Altova does not have specific knowledge of whether this data meets the definition of Personal Data. Notwithstanding, this information likely includes names, addresses, business documents of customer, descriptions, dates, financial data and related relationship data. If the Subscription Services are used “on-premise” as opposed to in the Altova Cloud, then this paragraph would not apply.

C. HOW WE USE YOUR PERSONAL DATA

Altova uses your Personal Data to help us create and deliver content, products, and services relevant to you; to help us personalize or enhance your experience on our Site(s); to help you find or purchase software, services or information on our Site(s); to provide you with assistance or respond to your inquires; to fulfill orders, process payments or perform a credit check, as necessary; for interactive communications with you about our products or services; to relieve you from having to provide your Personal Data more than once; in order to prevent unlicensed or illegal use of Altova software; to notify you by email, telephone or other medium about product upgrades, updates, special offers and other new services or software offerings (you will be able to unsubscribe from emails by following the instructions at the bottom of our message); to help us manage and administer our Site(s), to provide the Subscription Services or as otherwise described herein.

The data about our users and visitors that Altova collects is important to us and we do not sell it to other parties. Except in the limited circumstance set forth below, Altova will disclose Personal Data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with the law, subpoena, court order or other legal process; (b) protect and defend the rights or property of Altova and its family of websites; and (c) protect the personal safety of users of Altova Site(s) or the public.

In limited instances, Altova may hire other companies to provide limited services on our behalf, answering customer questions about products or services, packaging, mailing and delivering purchases, processing purchasing transactions, and processing event registration. We will only provide those companies the data they need to deliver the service, and they are prohibited from using that data for any other purpose; and they are obligated to protect your Personal Data. When you order a product or service from a company linked to our Site(s), it may be necessary for us to share certain limited data with that company to process and complete your purchase or other transaction. In such cases, we share the minimum data necessary to complete the transaction. This does not include selling, renting, sharing, or otherwise disclosing Personal Data from customers for commercial purposes in violation of commitment stated in this Privacy Policy. In the event Altova is acquired by another company, Personal Data may be part of the assets transferred to the acquiring party. Please note that Altova maintains archives of its web logs, database, and other systems and data and that it is possible some of this data may remain archived after Altova deletes the data from its active database. Altova maintains these archives for disaster recovery, legal, administrative and other non-marketing purposes.

Altova does use other data that we collect from our server log files, cookies and web beacons to get a better understanding of our visitors and customer base in order for us to enhance our Site(s), software and services. This data is collected, compiled and analyzed on an aggregate basis and does not identify you personally. This data helps us to determine the content that provides value to our customers and visitors.

Except as expressed stated in Section G, Altova is not a controller, joint controller, or processor for any customer or end user, as those terms are defined or used by the GDPR, CCPA, or any similar legislation.

D. HOW WE PROTECT AND STORE YOUR PERSONAL DATA

Altova has security measures in place to protect the loss, misuse and alteration of your Personal Data under our control. These include a firewall to prevent unauthorized access to our systems. Inside Altova, Personal Data is stored in password-controlled servers with limited and controlled access on a need-to-know basis. When Altova software, including the Altova LicenseServer, communicates with the Altova Master License Server, all communications are transmitted via at least TLS 1.2 encryption. While we cannot guarantee that loss, misuse or alteration to data will not occur, we take many precautions to prevent such unfortunate occurrences. However, Altova accepts no liability for any unintentional disclosure. Except under conditions explained in the Privacy Policy, your Personal Data is never shared outside Altova.

Personal Data as part of the Subscription Services in the Altova Cloud is securely stored in relational database(s) using best practices with regards to roles-driven user authorizations, accounts-based access control limitations, and encrypted data transmission.

The Personal Data as described herein may be transferred outside of the European Economic Area for purposes of processing, analysis, and review, by Altova, Inc. a wholly owned company of Altova GmbH located in Beverly, Massachusetts, U.S.A. You are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. You are further advised that the Council of the European Union has found that this model does not provide "adequate" privacy protections as contemplated by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L 281) 31). Article 26 of the European Union's Data Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of Personal Data, regardless of the third country's level of protection. By agreeing to this Privacy Policy, you consent to the transfer of all such data to the United States and the processing of that information as described in the applicable Altova End User License Agreement and the Privacy Policy.

You represent and warrant that you have the right and ability to provide Altova with the data as described in the Privacy Policy (including any third party data) and that no data infringe any patent, copyright or any other proprietary rights of a third party, nor violates any applicable data protection laws.

When you register with the Site(s), you may be provided a password that will allow you to access the Site(s). You are ultimately responsible for maintaining the confidentiality and security of your login and password and use of your password whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your password. We recommend that you do not divulge your password to anyone. Please take care when using and storing it.

E. HOW WE USE “COOKIES,” “WEB BEACONS” AND WEB LOGS

In addition to the Personal Data that we collect when you register, we also may collect data passively using “cookies” or “Web beacons.” This helps to ensure we are publishing content customers need and want as well as enabling us to customize your experience on our Site(s). A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of your computer so that the site administrator may identify your computer and passively track its activities on the site. Cookies allow us to automatically remember your Web browser, which in turn helps us deliver products and Services more efficiently, prevent others from using your account, measure statistics such as audience size and traffic patterns, and display advertisements. When someone visits the Site(s), a cookie may be placed on the user’s machine or browser (if the user accepts cookies) or is read if the user has visited the Site(s) previously. Our cookie policy can be found at altova.com/legal/cookie-policy.

By modifying your browser preferences you can choose to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to not have your browser accept cookies from the Site, you still will be able to view the text on the screens. However, you will not experience a personalized visit nor will you be able to subscribe to or use certain offerings on the site. Web logs automatically record anything a web server sees, which may include email addresses you enter into a form or pages viewed by a user at a particular IP address.

Web beacons, also known as clear GIF technology or action tags, are small images that we may place on web pages and within Web-based e-mail newsletters that assist in delivering the cookie. This technology tells us how many visitors clicked on key elements (such as links or graphics) on a web page on the Site(s). We do not share tracking information outside of Altova and do not allow other companies to place Web beacons on our Site(s).

F. LINKS, DISCUSSION FORUM AND PUBLIC AREAS

Our Site may contain links to other sites, including ones that display our trademarks and name amongst other organizations. Altova assumes no responsibility for the content or the privacy policies and practices of such websites. Altova encourages you to read the privacy statements of these linked sites; their privacy practices may differ from ours. Please remember that any data you submit in a discussion forum, message board or other such area will be deemed public information and is not confidential. There is a risk in such communication venues that information can be collected and used by others. Please be careful and responsible when you are online.

G. ALTOVA CLOUD

For the Subscription Services offered via the Altova Cloud, Altova processes Personal Data under the direction of our Customers. Altova has no direct control or ownership of the Personal Data we process on behalf of our customers. Customers are responsible for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring the Personal Data to Altova for processing purposes. Altova processes your Personal Data pursuant to the Altova Data Processing Agreement which may be found at altova.com/legal/dpa. All Subscription Services may be downloaded as on-premises software if you wish to install the app in-house. For on-premises software, Altova would not processes Personal Data and the Altova Data Processing Agreement would not apply.

H. CALIFORNIA PRIVACY RIGHTS

vCalifornia law permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See below for where to send such requests. Altova does not share personal information with third parties for their own direct marketing purposes. California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/privacy-laws.

I. PROTECTION OF CHILDREN’S PERSONAL DATA

The Site(s) are not directed to children under the age of 13 and Altova assumes products purchased through credit card means are purchased by adults. Altova respects the privacy of parents and children and is committed to complying with the Children's Online Privacy Protection Act (COPPA). Altova believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other Personal Data without parental permission.

J. CONTACT INFORMATION

Altova welcomes your comments regarding our information handling practice and this Privacy Policy and you may contact us at the address indicated below. In addition, certain jurisdictions may permit you to contact Altova, at the address below, to request information on the processing of your Personal Data, corrections or to oppose processing of Personal Data if you have a legitimate reason to do so. Altova can be contacted by e-mail at privacy-questions@altova.com or via postal mail at Altova GmbH, DVR 0692450, Rudolfsplatz 13a/9, A-1010 Wien, Austria / EU, Attention: Altova Privacy.

Last updated: 2021-06-25

Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Sites collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, our Sites have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category A: Identifiers

Examples: A real name, Internet Protocol address, email address, or other similar identifiers.

Collected: YES

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: YES

Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: NO

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete on our website or by entering information as a result of using the Subscription Services.

Indirectly from you. For example, from observing your actions on our website or interactions with our advertisers.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • As part of the Subscription Services, you may enter Personal Data during the normal course of using the Subscription Services.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following:

  • Altova, Inc., a wholly owned subsidiary of Altova GmbH. Information is shared to assist with customer transactions for the purchase of Altova software and services; marketing of Altova software and services, and in consideration of Altova legal matters.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Altova has not disclosed personal information for a business purpose, except as to Altova, Inc.

Sales of Personal Information

In the preceding twelve (12) months, Company had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message on our website. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
  • We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to [45/90] days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following our webpage and sending us a message.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our website or write us at our address listed on our webpage.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and uses your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us as follows:

Via email privacy-questions@altova.com

Write us at our address listed on our webpage.

Altova GmbH, DVR 0692450, Rudolfsplatz 13a/9, A-1010 Wien, Austria / EU, Attention: Altova Privacy.

Last updated: 2021-06-25