Introduction
Duende Software, Inc. (“Duende Software” or “we” or “us”) has created this Privacy Policy in order to disclose its collection, use and sharing of personal data collected about you by us including on this website and our services. This Privacy Policy is effective as of October 1st 2020. Any questions regarding this Privacy Policy should be directed by email to privacy@duendesoftware.com.
If you use the Duende Software website or an associated service displaying this Privacy Policy, you consent to this policy and the use/sharing of your personal data as described herein. Duende Software may be either the Controller or Processor of your personal data when information is provided to us by you or a third party, or collected by us from you, as further outlined below.
Some customers of Duende Software may operate a service provided by Duende Software in such a manner that they are solely responsible for the collection, use and sharing of the personal information that occurs pursuant to that service, and no information is provided to Duende Software through that service that is subject to this Privacy Policy.
Some customers may choose to engage Duende Software as a processor for certain services, such as consulting services, and in such case the collection, use and sharing of personal information for the engagement may be governed in full or in part by the agreement between Duende Software and our customer rather than this Privacy Policy.
Information Collected and Received
Duende Software may collect or receive personal information about you, including, but not limited to, user name, password, first and last name, email address, street address, phone number, gender, occupation, and interests. You can choose what information you voluntarily share with Duende Software, however if you choose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the Duende Software website and/or associated services. We may collect personal information from you at several different points, including but not limited to the following:
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when we correspond with you as a customer or prospective customer;
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when you visit the website and/or associated services;
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when you register as an end-user of our website and/or associated service and an account is created for you;
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when you provide information, such as survey information or join our mailing list;
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when you contact us for help;
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when the website and/or associated services send us error reports or collect certain analytics data; and
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when engaged by a customer to perform services for them or on their behalf.
Duende Software does not require you to include sensitive information (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, data concerning health or data concerning sexual orientation). In the event that you provide such sensitive information as listed above you acknowledge that you have provided Duende Software explicit consent to receive such information.
Some personal information may also be collected by a third-party as a service provider or other vendor of Duende Software, including payment processors or support ticket tracking. If you interact with some third party services, such as social media companies, particularly where you have an account with the third party, they may collect additional information separate from Duende Software.
Lawful Basis for Processing
We will only collect and process your personal data where we have a lawful basis. Our lawful basis include consent (where you have given it), where processing is necessary for the performance of a contract with you, and for the purposes of our legitimate interests or the legitimate interests of our third parties, provided that such interest does not outweigh your rights and freedoms. Examples of legitimate interest include but are not limited to: (i) complying with applicable law, (ii) protecting against security or other threats, (iii) administration of our business interests, including improvements and enhancements of our business, and (iv) customer relationship issues.
Your Rights: Access, Correction, Deletion
We retain the personal data, including that personal data you provide to us when you registered with the Duende Software website and/or associated services or any other information that you volunteered while using the website and/or associated services, for (i) as long as your account is active or (ii) otherwise for a limited period of time as long as we need to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We retain any information provided as described in the Uses of Information section below.
You may have the right under the law to request access to the information that Duende Software has on you. You can do this by contacting us at privacy@duendesoftware.com. In order to comply with your request, we may have to verify your identity. If you believe that the information that we have about you is incorrect, you are able to contact us at privacy@duendesoftware.com with a change request. You also may have the right under the law to request the deletion of any personal data that we have on you. If you wish to do so, please contact us at privacy@duendesoftware.com. Note that Duende Software may not be able to delete any depersonalized data on you.
If we are operating as a processor for our customer with respect to your personal data, we will redirect your inquiry to the customer as appropriate.
How We Use Your Information
Duende Software may use personal information that we collect or receive about you to:
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deliver the products and services that you have requested;
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manage your customer relationship and provide you with customer support;
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perform analysis about your use of the website and/or associated services;
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communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;
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enforce our terms and conditions and other agreements between Duende Software and you;
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perform services as a processor on behalf of our customer;
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manage our business;
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respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required by law; and
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perform functions as otherwise described to you at the time of collection.
Duende Software occasionally uses other companies to perform services necessary to our operations. In the course of providing these services, those companies may have access to your personal information. By contractual agreement, those companies must treat your information in accordance with their agreement or this Privacy Policy. However, we will not be liable for any damages that may result from the misuse of your personal information by these companies.
How We Share Your Information
(a) Personally Identifiable Information. Duende Software does not sell your email address or any other personally identifiable information, to any third party without your permission. We may store personally identifiable information in locations outside the direct control of Duende Software (for example, on servers or databases co-located with hosting providers). Any personally identifiable information you elect to make publicly available on our websites and/or associated services (such as posting comments, reviewing items, etc.) will be available to others. Except as described in this Section, we will not disclose your personally identifiable information to any third party other than the service providers, vendors and consultants working on our behalf, without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared. From time to time, we may partner with companies based on the interests of our users, but these partner companies will not be given your email address or any other information that could identify you or be used to contact you directly.
(b) Non-Personally Identifiable Information. The Duende Software contact or site / associated services registration form may require users to give Duende Software contact information (such as your name and email address) and demographic information (such as your zip code, age, or income level). Duende Software may use your contact information from the form to send you information about Duende Software and promotional material from some of Duende Software’s partners, while Duende Software may use demographic and/or profile data to tailor your experience on the Duende Software website and/or associated services, show you content that Duende Software thinks you may be interested in, and display content according to your preferences. Furthermore, Duende Software shall have the right to retain records of all data pertaining to use of the website and applications including, but not limited to, usage, activity logs, and click-throughs. Duende Software may disclose such data to third parties provided they are operating as a service provider or it is grouped with other Duende Software users’ data and is presented in an aggregate form.
(c) We May Be Required to Share Your Information. Duende Software reserves the right to disclose information when required by law, such as by a subpoena or other legal proceedings. Duende Software may also disclose your information if we reasonably believe it necessary to (i) comply with requests of law enforcement or other applicable law; (ii) to enforce any agreement between you and us; (iii) to protect the security and integrity of our site, applications, or services; and/or (iv) to protect us, our users or others.
(d) What Happens in the Event of a Change of Control: We may be involved with an acquisition or divestiture of our business, products or services. Information we maintain including names and email addresses, and other information related to the Duende Software service may be sold or transferred in connection with such transaction. We may also sell, assign or otherwise transfer such information in connection with a sale of all or substantially all of our business or assets. You will be notified via email and/or a notice on our site of any applicable change in ownership or uses of your information.
(e) Behavioral Targeting / Re-Targeting. We may choose to use advertising companies or allow advertisers to display advertising on our sites and applications. If applicable, our advertisers may use technology such as cookies to gather information about your activities on multiple sites in order to provide you advertising based upon your activities and interests. You may be able to opt out of the collection of this information through cookies or other tracking technology through the settings in your browser or mobile device, or through the advertising companies. Please review your browser or mobile device information for instructions on how to delete and disable cookies, and other tracking/recording tools (to learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). If you access the Duende Software service, websites and/or associated services on your mobile device, you may not be able to control tracking technologies through the settings. For more information, see the Cookies Section below.
(f) Testimonials. We may also disclose, on an anonymous basis, statements made by our users. However, with your consent, we may post your testimonial along with your name. If at any point you wish to update or delete your testimonial, please contact us at privacy@duendesoftware.com.
How We Store and Process Your Information
The information collected by Duende Software may be processed and/or stored in the United States, European Union Member Nations, Canada, or any other country in which Duende Software or its affiliates or service providers maintain operations. Duende Software may transfer information that we collect, including personally identifiable information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction of domicile to other countries or jurisdictions. If you are located in the European Union or other regions with laws restricting transferring of data, please note that we will comply with laws applicable to us.
How We Protect Your Information
Duende Software is concerned with protecting your privacy and data, and therefore we use industry-standard technologies when transferring and receiving consumer data exchanged between Duende Software and other companies to help ensure its security. This site has security measures in place designed to protect the loss, misuse and alteration of the information under Duende Software’s control. However, we cannot ensure or guarantee the security of any information you transmit to us or guarantee that your information on the Duende Software service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. If you have any questions about security on our website and/or services, you can contact us at privacy@duendesoftware.com.
Cookies
“Cookies” are small pieces of information that are stored by your browser on your computer's hard drive. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our website and/or associated services. However, once you choose to furnish the website and/or associated services with personal information, this information may be linked to the data stored in the cookie. We use cookies to understand website and/application usage and to improve the content and service. We also may use cookies to offer you products or services. You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies, please consult the privacy features in your browser.
Links
Duende Software may create links to other web sites. Duende Software is not responsible for the content, or privacy or security practices, of those sites or services. Additionally, many other sites that are not associated or authorized by Duende Software may have links leading to our site. Duende Software cannot control these links and Duende Software is not responsible for any content appearing on these sites.
Children’s Privacy
We do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with any personal information, we will use commercially reasonable efforts to delete such person's personal information from all Duende Software systems.
Your California Privacy Rights
Duende Software does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when you visit the website and/or associated services.
Our website and/or associated services are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our website and/or associated services, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to privacy@duendesoftware.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes.
International Transfer of your Personal Information
The website and/or associated services is hosted and operated in the United States and is subject to United States law. Any personal information that we collect from you is currently stored and processed in the United States. If you are accessing the website and/or associated services outside of the U.S., you need to understand that by accessing our website and/or associated services, you consent to the transfer of your personal information to the United States. Please be advised that United States law may not offer the same privacy protections as the law in your jurisdiction.
Amendments
Duende Software may amend this policy at any time. If Duende Software is going to use personally identifiable information collected through the Duende Software site in a manner materially different from that stated at the time of collection, Duende Software will notify users via email and/or by posting a notice on the Duende Software site for thirty (30) days prior to such use. This Privacy Policy may not be otherwise amended except in a writing that specifically refers to this Privacy Policy and is physically signed by both parties.
Successors and Assigns
This Privacy Policy inures to the benefit of successors and assigns of Duende Software.
Contacts
If you have any questions about this Privacy Policy, the practices of this site, your dealings with this web site, or request access, changes or deletion to information we have about you, you can contact privacy@duendesoftware.com. Upon request, Duende Software will provide you with access to information (e.g., name, address, phone number) that Duende Software collects and maintains about you. This site gives you the following options for changing, modifying or removing information previously provided: (i) email: privacy@duendesoftware.com; or (ii) visit www.DuendeSoftware.com and fill out the contact form.
Opt-Out
Duende Software provides users the opportunity to opt-out of receiving communications from Duende Software, except transactional correspondence. To opt-out of receiving our communications, you can (i) send email to privacy@duendesoftware.com; or (ii) use the opt-out link on our emails.