Privacy

Privacy

PRIVACY POLICY

Effective as of: May 25, 2018

OVERVIEW

Protecting the confidentiality and security of personal information is integral to the way in which Finite State Machine Labs, Inc. and its affiliates ("FSMLabs") conduct business worldwide. FSMLabs’s clients and prospects are companies, not individuals or consumers. FSMLabs’s vendors, service providers and consultants (together, “Vendors”) are typically companies but on occasion may be individuals.

This Privacy Policy and any other legal notices listed on this website (www.fsmlabs.com) (together, with all sub-domains and other websites that we own or operate, the "Website"), explains our collection, use and disclosure of personal information collected in the course of our business activities. Generally, FSMLabs is the controller of any personal information that you provide to us (and for the purposes of EU General Data Protection Regulation (“GDPR”), this Privacy Policy applies when we act as the controller of personal information).

This Privacy Policy does not apply to information collected, stored, shared, or distributed by third-party sites. This Privacy Policy does not apply to our employees, who are covered by our internal notices, policies and procedures.

Please read this Privacy Policy carefully. By visiting our Website or doing business with us, you acknowledge the practices described in this Privacy Policy.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

The personal information we collect includes:

  • information by which you may be personally identified, such as name, postal address, e-mail address, and telephone number;
  • information that is about you but individually does not identify you; and/or
  • information about your internet connection, the equipment you use to access our Website and usage details.

The personal information we collect comes from three sources: information you provide, information we receive from other sources, and information collected automatically.

The first category, information you provide, includes information that you provide through our Website, through our products or through our client support portals, or through interaction with us in the course of our business relationship, typically in connection with entering into and performing a contract, and supporting that business relationship. The second category, information we receive from other sources, includes information from public sources, information from our employees, and information from our clients. The last category, information we collect automatically, includes information collected when you visit our Website or use our IT systems/networks. Information collected automatically may include details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website, and information about your computer and internet connection, including your IP address, operating system, and browser type. This information is statistical data and does not include personal information.

We do not collect or process any of the following types of sensitive data unless we are required to by law:

  • Racial or ethnic origin;
  • Political opinions;
  • Religious or philosophical beliefs;
  • Trade union memberships;
  • Genetic data;
  • Biometric data for the purpose of uniquely identifying a natural person;
  • Health or mortality; or
  • Sex life and/or sexual orientation.

HOW WE USE PERSONAL INFORMATION

How we use information we collect about you depends, in large part, on the purpose for which it is provided to us. The specific purposes for which we process such personal information include:

  • operating, maintaining, developing, improving and customizing our Website, including the content and features accessible on our Website, and analyzing your use of our Website, for the purpose of improving our Website (and content and features on our Website) and your experience on our Website; managing our relationships with our clients and prospects;
  • sending marketing emails on an opt-in basis;
  • developing, producing, operating, and maintaining our products and services;
  • improving our products and services, including through the use of client satisfaction surveys and aggregated product usage data, and using product aggregated product usage data for research and analysis;
  • managing our relationships with our Vendors;
  • protecting the security, confidentiality and integrity of our Website, IT systems, hardware and networks, and information (including personal information of FSMLabs, its clients and prospects, Vendors, personnel and others);
  • complying with applicable laws, rules and regulations, and in furtherance of our related internal policies, including compliance polices and records retention requirements;
  • responding to your inquiries and requests that are based on legal rights that you may have (e.g., individual rights under GDPR); and
  • managing, protecting against and investigating fraud, risk exposure, claims and other liabilities, including but not limited to violations of our contract terms or laws or regulations.

We do not track your online activities across the Internet. We do not use your personal information for automated decision-making, including profiling. We do not sell or rent your personal information to third parties.

LEGAL BASIS FOR PROCESSING

Where required by applicable data protection law, including the GDPR, our processing of your personal information will be justified on a lawful basis, such as:

  • the processing is necessary to perform a contract with you, or take steps to enter into a contract at your request;
  • the processing is necessary for us to comply with a relevant legal obligation;
  • the processing is in our legitimate interests, and our interests are not overridden by your interests, fundamental rights or freedoms; or
  • you have consented to the processing.

We process personal information on the basis of our legitimate interests, unless we are performing a contract with you (or taking steps to enter into a contract with you at your request), processing to comply with a legal obligation or relying on your consent. For example, we process personal information on the basis of our legitimate interests when operating our Website; managing our relationships with our clients, prospects and Vendors; creating leads and generating sales; managing product and client support logins; IT systems monitoring and network security; building security and safety; and managing our compliance policies/legal obligations.

DISCLOSURE OF PERSONAL INFORMATION

We share data internally among our corporate affiliates and business units in the ordinary course of our daily operations. We share personal information with our Vendors in connection with their performance of services for us, in accordance with our instructions, and subject to appropriate contractual restrictions and security and confidentiality obligations. We may be required to disclose your personal information for legal/compliance purposes or in connection with an investigation, or if we believe it is reasonably necessary to prevent harm or loss. We may also share your personal information in connection with certain corporate events, such as a potential or actual sale of our company or any of our assets, or those of any affiliated company, including through mergers and acquisitions, changes of control or divestitures, or connection with bankruptcy or insolvency, in which case personal information held by us about our users may be one of the transferred assets. Where appropriate, we will take reasonable measures to require the recipient of your personal information to treat it in accordance with this Privacy Policy. FSMLabs reserves the right to share any information that you provide which is not deemed personal information or is not otherwise subject to contractual restrictions.

DATA TRANSFERS SUBJECT TO GDPR AND OUTSIDE OF THE EU/EEA/UK

Our business operations are based in the United States and as such personal information of data subject to GDPR may be transferred outside the EU/EEA/UK to us or to our affiliates or Vendors. We are committed to ensuring that your information is secure and receives the same level of protection regardless of its location. When you provide personal information to us, you are explicitly authorizing us to transfer that information outside the EU/EEA/UK to us or to our affiliates or Vendors. We also have the right to rely on any other legal basis for the transfer of such information.

SECURITY

FSMLabs maintains physical, electronic and procedural safeguards that aim to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure.

While FSMLabs aims to safeguard and protect your personal information from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and FSMLabs utilizes and maintains certain reasonable processes, systems, and technologies to do so, you acknowledge that no transmission over the Internet is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by FSMLabs may be subject to compromise. Accordingly, we cannot be held responsible for unauthorized or unintended access that is beyond our control.

RETENTION OF YOUR PERSONAL INFORMATION

While we generally aim to retain your personal information for the period during which we have a relationship with you, there are many reasons why we may need to retain your data for longer. For example, we may need to retain your personal data if the purpose for which we collected it extends beyond the term of our relationship. We may also retain your personal information for a term that corresponds to a statute of limitations, to establish, exercise or defend legal claims, or as otherwise permitted or required by law, so that in each case we have an accurate record of your dealings with us in the event of any complaints or challenges. We may also retain your personal information for compliance or regulatory purposes, where we are required to do so in accordance with legal, tax and/or accounting requirements, or to support a legal process, audits, or requests or requirements of a legal authority or other governmental entity having authority to make the request.

CHILDREN

The Website is not for use by children under the age of 16 years. Except with respect to information that employees provide to us about their beneficiaries and dependents in connection with our employment relationship with our employees and our employee benefit plans, FSMLabs does not knowingly collect, store, share or use the personal information of children under 16 years. If you are under the age of 16 years, please do not provide any personal information, even if prompted by the Website to do so. If you are under the age of 16 years and you have provided personal information, please ask your parent(s) or guardian(s) to notify FSMLabs and FSMLabs will delete all such personal information.

MANAGING YOUR CONTACT PREFERENCES AND UNSUBSCRIBING

You can unsubscribe from our marketing emails or update your marketing preferences at any time by clicking the “unsubscribe” or “change preferences” link provided in our emails. If you are an existing client, you can also contact your FSMLabs representative at any time to update your contact information and preferences.

EU SPECIFIC GDPR RIGHTS

If you are a resident of the EU, you have the following rights under the GDPR (“GDPR Rights”):

  • Right of Access / Subject Access Request: You are entitled to request confirmation that your personal information is being processed; access to your personal information; and other supplementary information that may not be included in this Privacy Policy.
  • Right of Rectification: You are entitled to have any inadequate, incomplete or incorrect personal information corrected.
  • Right to Erasure (the “right to be forgotten”): You are entitled to have your personal information erased under specific circumstances, such as where you have withdrawn your consent, where you object to processing based on legitimate interests and we have no overriding legitimate grounds, or where personal information is unlawfully processed.
  • Right to Restriction of Processing: You have the right to restrict our processing of your personal information (that is, allow only its storage) where:
    • you contest the accuracy of the personal information, until we have taken sufficient steps to correct or verify its accuracy;
    • where the processing is unlawful but you do not want us to erase the personal information;
    • where we no longer need your personal information for the purposes of the processing, but you require such personal information for the establishment, exercise or defense of legal claims; or
    • where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.

Where your personal information is subject to restriction we will only process it with your consent or for the establishment, exercise or defense of legal claims.

  • Right to Data Portability: Where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal information is processed by automatic means, you have the right to receive all such personal information which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
  • Right to Object: You have the right to object to:
    • Processing (including profiling) based on legitimate interest grounds: Where we are relying upon legitimate interests to process personal information, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal information for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
    • Direct marketing (including profiling): You have the right to object to our use of your personal information (including profiling) for direct marketing purposes, such as when we use your personal information to invite you to our promotional events.
  • Rights in Relation to Automated Decision Making and Profiling: We do not use your personal information for automated decision-making, including profiling.
  • You have the right to lodge a complaint with the data protection supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal information infringes applicable law.

EXERCISING YOUR EU SPECIFIC GDPR RIGHTS

If you wish to exercise any of your GDPR Rights, please submit your request to us by contacting us. Please note that a fee may be charged where laws permit.

If you work for a current client or Vendor or prospective client or Vendor of FSMLabs and wish to have your business contact information updated, you can update that information by contacting your FSMLabs representative directly.

EXTERNAL LINKS

The Website may contain links to third party sites. Since FSMLabs does not control nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third party sites. This Privacy Policy applies solely to personal information collected by our Websites or in the course of our business activities.

HOW TO CONTACT US

If you have any questions in relation to this policy, you can contact us at:

Address:
FSMLabs Inc. 11701 Bee Cave Rd., Suite 200 Austin, TX 78738 Attn: Support Department
Email: Contact Us

CHANGES TO THIS NOTICE

This Privacy Policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information. Please check back frequently to see any updates or changes to this Privacy Policy.


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