TUXERA PRIVACY POLICIES AND TERMS OF USE

TUXERA WEBSITES – TERMS OF USE

1. Overview

These terms of use govern your use of websites maintained by Tuxera Inc. (“Sites”). By using the Sites, you accept these terms of use in the form they were available to you on this page at the time of use. Please do not use the Sites if you do not accept these terms of use.

2. Changes

Tuxera Inc. (“we” or its derivatives) may modify these terms of use at any time with or without notifying you of the changes. Updated terms of use will be made available to you on this page. We recommend that you check back here regularly to review any changes.

These terms of use were last updated on June 16, 2020.

3. Use and Ownership

On the condition that you comply with these terms of use, you may access, browse, and view the Sites and, where applicable, download or print content from the Sites for your private and non-commercial use. You do not receive any other express or implied rights or license to the Sites or their content. You may not remove copyright or other notices appearing on the Sites or modify the content of the Sites.

TUXERA is our registered trademark in several jurisdictions worldwide. Third-party trademarks may also appear on the Sites and remain the property of their respective owners.

The Sites may contain links to websites maintained by third parties. We are not responsible for third-party websites or their content, which are and remain the property of their respective owners.

Minors and children should not use Tuxera’s products. By using the Site, you represent that you have the legal capacity to enter into a binding agreement.

The Sites may allow you to submit information to us about yourself or other things. Please see more in our Privacy Policy. You represent to us that you will not submit any information in violation of your rights and authority or applicable laws. You may not use the Sites to submit malicious code or obscene content.

4. Termination of Service

We reserve the right to modify any part of the Sites or limit, discontinue, or terminate access to the Sites, either temporarily or permanently, at our discretion and without notice to you. Please do not rely on continued access to the Sites or any content on the Sites.

5. No Warranty

The Sites are presented to you “as is” and “as available”. Information on the Sites may not be accurate or complete and your access to the Sites may not be uninterrupted or error-free. We specifically exclude all express and implied warranties relating to the Sites and their content as well as your use of or inability to use the Sites, including without limitation all warranties of merchantability, fitness for purpose, and non-infringement.

We will not be liable for any loss or damage, whether direct, indirect, or any other kind, that may arise under these terms of use or from your use of or inability to use the Sites. You acknowledge that you use the Sites at your own risk.

Some jurisdictions may not allow the exclusion of certain warranties or liabilities. In such cases, the scope of warranties given by us and our liability under these terms of use corresponds to the minimum permitted by the applicable laws of the jurisdiction in question.

6. Entire Agreement

These terms of use constitute the entire agreement between you and us relating to your use of the Sites. All previous terms or understandings relating to your use of the Sites are superseded and replaced by these terms of use.

7. Severability

If any part of these terms of use is found unenforceable or invalid under applicable laws, all other parts of these terms of use remain fully enforceable and valid. The unenforceable or invalid part of these terms of use will be interpreted in the way that best accomplishes its objectives within the limits of applicable laws.

8. Assignment

We may assign these terms of use or any of our rights or obligations thereunder to any third party at our discretion. We may, for example, decide to assign these terms of use to an affiliate or other company involved in a merger, acquisition, or other corporate restructuring with us.

9. Applicable Law

These terms of use are governed by the laws of Finland, excluding their rules on choice of laws. Any disputes relating to these terms of use will be settled by the competent court in Helsinki, Finland.

10. Contact Us

You can reach us for more information on these terms of use by email at legal@tuxera.com.

TUXERA WEBSITES – PRIVACY POLICY

1. Overview

Tuxera Inc. (“we” or its derivatives) acts as data controller for all personal data collected through sites maintained by us (“Sites”). When you visit the Sites, you may submit to us or we may collect (e.g. by using cookies) some of your personal data. We process your personal data in the manner and for the purposes specified in this policy. We encourage you to read this policy carefully.

Please consider that our Sites may contain links to websites maintained by third parties. These third-party websites are not covered by our privacy policies.

2. Changes

We may modify this policy at any time with or without notifying you of the changes. Updated terms of use will be made available to you on this page. We recommend that you check back here regularly to review any changes.

This policy was last updated on June 16, 2020.

3. What Data We Collect and For What Purposes

Personal information is information that can be used to directly or indirectly identify you.  Personal information also includes anonymous information that is linked to information that can be used to directly or indirectly identify you.  This does not include information that has been irreversibly anonymized or aggregated so that we can no longer identify you, whether in combination with other information or otherwise.

Why We Collect Personal Information

We collect anonymous data from every visitor of the Site to monitor traffic and improve our Site performance, content, and user experience.

We may ask you to log in and provide personal information (see What Personal Information We Collect) to assist you with technical support, support payment for software purchases, and provide you with technical documentation and software deliveries. We may also collect personal information to send you marketing and sales materials which you request.

Legal Basis for Collecting and Using Personal Information

Collecting and using personal information is based on our legitimate business interest in supporting, informing, and communicating with you about our products and services, and to conduct business transactions with you.

What Personal Information We Collect

When you visit the Sites, we may collect personal data about you or the device you use to visit the Sites in one or several of the following ways:

3.1 Online forms

Our Sites may contain forms which allow you to submit information to, for example, use our products and services, get support from us, contact us, participate in an online survey, apply for employment, or subscribe to our newsletters or other communications. We collect the personal data you submit through these forms (we collect personal information you provide including your name, email address, company, title, mailing address, phone number, and what products and services you indicate you are interested in).

In the case of newsletter and other email marketing communication, you will find a link to the applicable policy embedded in the form used to subscribe. Data submitted through forms is in some cases (e.g. when you request technical specifications for one of our products) also added to our customer, partner, and prospect registers. You can view the privacy policy for that register under the section “TUXERA MARKETING COMMUNICATIONS – PRIVACY POLICY”. You may also unsubscribe to these communications at any time by clicking the “Unsubscribe” link found in the email footer.

If you make a purchase, we collect personal information in connection with the purchase, as well as through a third-party eCommerce provider. Tuxera keeps account information such as your license keys, shipping info if required, and contact details such as email in order to be able to assist you with your account. The eCommerce service keeps payment information, such as your credit or debit card number and other card information, and contact details associated with the account.

3.2 Information from third parties

We may collect information from third parties, such as Tuxera’s trusted partners or marketing agencies, when you provide data to them. This includes your contact information from partners when we engage in joint marketing or co-branding activities, and data from social networks based on campaigns we may run or to easily gather information you wish to provide us in job applications.

3.3 Cookies

Like most websites, our Sites also use cookies. Cookies are small text files that allow your device to be identified. They may be used to collect information about your use of the Sites, your device, the operating system and browser you use, and other similar things. Browser tools and extensions provide simple means to review the full list of cookies currently used on the Sites. Browsers also provide you with increasingly effective tools for managing individual cookies (e.g. blocking unwanted cookies) and general settings for cookies (e.g. disabling all use of cookies). We encourage you to familiarize yourself with the cookie-related settings and tools provided by the browser of your choice.

Some cookies-based services we use on our site include site analytics and performance services, along with marketing and sales prospect registers. These services use cookies to collect information relating to the use of the Sites, including information such as pages visited, viewing time, or the website or page from which a visitor came to the Sites. This data helps us understand how people use our Sites, and we therefore use it to maintain and improve the Sites and to present content on the Sites that is relevant for you. Moreover, we use data collected by Google Analytics for lead generation, business development, and marketing communications with the help of automated third-party services. These services use cookies to identify the organization a visitor represents or based on their network information, and inform what content a user has downloaded using the Sites, and their email activity. In the case of marketing communications – again, you will find a link to the applicable policy embedded in the form used to subscribe. You can view the privacy policy for that register under the section “TUXERA MARKETING COMMUNICATIONS – PRIVACY POLICY”. You may also unsubscribe to these communications at any time by clicking the “Unsubscribe” link found in the email footer.

We also use certain advertising features enabled by Google Analytics, including Remarketing with Analytics, Demographics and Interests Reporting, Google Display Network (GDN) Impression Reporting, and Segments. For these parts of the service, Google uses advertising cookies to collect, share, and use your personal data for the personalization of ads. To control the information Google uses to show you ads, please review your Google Ads settings (see here).

Please note that you can opt out of Google Analytics by using Google’s browser add-on which is available here.

If you do not agree with our use of cookies, please use your browser settings to disable cookies. Should you choose to disable cookies, please be aware that some parts of the Sites may not work as intended for you.

3.4 Server logs

Our web server keeps automated logs that record visits to the Sites. The IP address from which you access the Sites is included in these logs as is standard practice for websites. We have a legitimate interest to record and keep these logs for troubleshooting and information security purposes. Logs are deleted after one year.

4. How and Where We Process Data

We only process your data for the purposes specified in the applicable privacy policy. Access to the data is limited to those of our officers, employees, and service providers who need access to fulfill their respective duties and functions. We keep your data safe by employing appropriate technical and organizational measures to all our data processing activities.

We primarily store data on servers located in the European Economic Area (“EEA”). However, some of our service providers also use servers located outside of the EEA, mainly in the United States of America. When your data is transferred outside the EEA, we will make sure that the data transfer is covered by appropriate safeguards such as standard contractual clauses approved by the European Commission (“EC”) or the EC’s adequacy decision.

5. Who Receives Data

We do not regularly disclose data to any third parties besides our affiliates and service providers who process data based on their engagement with us. We may, however, disclose data in the context of a merger, acquisition, or business restructuring or where so required or permitted by law or a lawful request from governmental authorities. We may also disclose data in co-marketing efforts with our trusted industry partners, but your consent will always be confirmed in such cases.

6. Your Rights

In relation to your personal data that we process, you have the right to request access to your data and request that we correct or remove your data. You also have the right to demand that we cease processing your data for marketing purposes or based on our legitimate interest, except where a regulatory exception applies. Upon your request and where it is technically feasible, we will give you a copy of the data you have provided to us or directly transmit the data to another controller.

You also have the right to lodge a complaint with the relevant data protection authority in case you have concerns about how we process your data. The contact details of each EU member state’s data protection authority are available here. However, we are committed to addressing and resolving any concerns you may have about our data processing practices with you directly.

7. Our Contact Details

You can reach us for more information on this Privacy Policy at privacy@tuxera.com.

TUXERA MARKETING COMMUNICATIONS– PRIVACY POLICY

1. Overview

This document outlines the principles applicable to the processing of personal data in relation to our marketing communications such as our email newsletters, events and webinar invitations, downloadable content in sites maintained by us (“Sites”), and additional marketing communications pertaining to content downloaded from our Sites, or our products and services you use or have otherwise indicated your interest in learning more about from us directly. We encourage you to read this policy carefully. Should you have any questions regarding the contents, please contact privacy@tuxera.com

2. Changes

We may modify this policy at any time with or without notifying you of the changes. Updated terms of use will be made available to you on this page. We recommend that you check back here regularly to review any changes.

This policy was last updated on June 16, 2020.

3. Purpose

Processing is undertaken to enable Tuxera to send out communications about our products and services, activities, and relevant market events to customers, prospects, and other interested parties.

4. Legal basis

You may opt-in to receive emails and communications from us about information and news that you have either indicated your wish to receive from us, or that we believe may be of interest to you. Processing is based on the specific consent given by the recipient or, in the case of contact persons at our customers or prospects, our legitimate business interest to send updates and information about our products and services, our activities, relevant market events, and to conduct business transactions with you.

5. Data sources

Data is collected either directly from the recipient (e.g. they submit data through an online form) or, in the case of existing contacts at Tuxera customers or prospects, from Tuxera’s customer and prospect register.

Data about recipient engagement is collected by our service providers using so-called beacons embedded in communications that are sent out to the mailing list. For cases where data is collected through our sites, you can view the terms of use and privacy policy for our sites listed above. Especially when you download content from our Sites, you submit your consent to receiving marketing communications from us as the content is delivered by email. If you do not wish to receive the content from us, please do not submit the form.

6. Collected data

The register contains contact information and personal data for the purpose in #4 and to tailor our communications to your interests. Data collected includes your name and email address, the name of the company you represent or work for, mailing country, activity rating and related analytics data measuring recipient engagement with our communications, your subscription status, and what products and services you indicate you are interested in.

If, at any time, you would like to stop receiving emails from us, you may unsubscribe from these emails by clicking the Unsubscribe link in the footer of the email. If you opt-out of receiving news emails, we still may get in touch with you about you any products or services you have requested or received from us, or for other customer support purposes.

7. Data recipients

We do not regularly disclose data to any third parties besides our affiliates and service providers who process data based on their engagement with us. We may, however, disclose data in the context of a merger, acquisition, or business restructuring or where so required or permitted by law or a lawful request from governmental authorities. We may also disclose data in co-marketing efforts with our trusted industry partners, but your consent will always be confirmed in such cases.

8. Data processing and safety

We only process your data for the purposes specified in #4. Access to the data is limited to those of our officers, employees, and service providers who need access to fulfill their respective duties and functions. We keep your data safe by employing appropriate technical and organizational measures to all our data processing activities.

We primarily store data on servers located in the European Economic Area (“EEA”). However, some of our service providers also use servers located outside of the EEA, mainly in the United States of America. When your data is transferred outside the EEA, we will make sure that the data transfer is covered by appropriate safeguards such as standard contractual clauses approved by the European Commission (“EC”) or the EC’s adequacy decision.

9. Your rights

In relation to your personal data that we process, you have the right to request access to your data and request that we correct or remove your data. You also have the right to demand that we cease processing your data for marketing purposes or based on our legitimate interest, except where a regulatory exception applies. Upon your request and where it is technically feasible, we will give you a copy of the data you have provided to us or directly transmit the data to another controller.

You also have the right to lodge a complaint with the relevant data protection authority in case you have concerns about how we process your data. The contact details of each EU member state’s data protection authority are available here. However, we are committed to addressing and resolving any concerns you may have about our data processing practices with you directly.

10. Our contact details

You can reach us for more information on this Privacy Policy at privacy@tuxera.com.