Terms and Conditions
1. Who is the data controller of your personal information?
Flexera Software LLC, 300 Park Blvd, Suite 500, Itasca, IL 60143, (“Flexera LLC” or “we”) is the data controller within the meaning of Art. 4(7) GDPR with respect to all personal information collected through the Services. Accordingly, Flexera LLC is responsible for, and controls, the processing of your personal information with respect to personal information collected through the Services.
If you retain Services directly from a local Flexera group company or otherwise do business with that Flexera group company and share personal information with that company, that respective company is the data controller in relation to all personal information obtained, processed and used in relation to such personal information.
Information on Data Processing rendered by us on behalf of Customers
The use of information provided to us as a data processor by our customers (each a “Client” and collectively our “Clients”) for the purpose of processing on their behalf shall be limited to the purpose of providing the Service for which the Client has engaged Flexera (data processing on behalf of Customer).
Flexera acknowledges that you have the right to access your personal information. Flexera has no direct relationship with the individuals whose personal data it processes on behalf of its Clients. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to Flexera’s Client (the data controller). If requested to remove data we are processing for our Client, we will respond within a reasonable timeframe. We may transfer personal information to companies that help us provide our Services. Transfers to subsequent third parties are covered by the service agreements with our Clients.
2. What personal information do we collect?
In the context of rendering our Services, we may collect information about you. This information regularly includes the following:
- If you order any Service from us or ask for a quote (via our Websites or via phone, email or letter): Name, company name, company address, billing contact, billing address, company email address, company phone number, job title, information from our correspondence with you, information on your order, such as price and Service information, information on defects or erroneous Services, your feedback and complaints, quotes we offer you, customer ID, information on your Flexera customer account, payment information such as bank account details or check information, information on outstanding payments.
- If you register on our Websites. Name, company name, company address, company email address, company phone number, job title, job function, industry, your interest(s) in Flexera and/or its Services.
- If you post on our blogs or forums. You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Websites, such as forums or blogs, for example, our community forum (https://flexeracommunity.force.com/customer/) (collectively, "User Contributions"). We may collect any of your User Contributions, your name, company name, company email address as well as your IP address. Please note that we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by other persons.
- If you contact us (via our Websites or via phone, email or letter), e.g. for a support request. Name, company name, company address, company email address, company phone number, and information on our communication with you, your interest(s) in Flexera and/or its Services, and any additional information you provide us with.
- If you merely use our Websites. IP address, browser data, device type, Uniform Resource Locators (URL), operating system, site preferences, and information on your usage of our Websites.
- If you participate in our events, such as webinars and trade fair booth events or if you download our white papers: Name, company name, email address, phone number, address, position/ job title, job function, job level, and any information on the event or download.
- If you are in our email marketing campaigns: Name, company name, email address, phone number, address, position/ job title, information whether you are already a customer, marketing campaign information, such us your reaction to our marketing and your interest in our products.
3. How do we collect your information?
This personal information is collected in many ways and may include:
- Personal information you provide to us. Most of the personal information we receive comes to us voluntarily from our users in the course of using our Services, communicating with us in the procurement of or in the process of requesting our Services, registering to attend a seminar or participate in a survey, interacting with us at trade shows or conventions or other industry events or asking to be included in an email or other mailing list, or other product promotions.
You are free to choose which information you want to provide to us or whether you want to provide us with any information at all. However, some information, such as your name, address, payment information and information on your requested Services may be necessary for the performance of our contractual obligations. Without providing this information, you will not be able to order certain Services or enter into a contract with us.
- Personal information we receive from others. We may receive personal information about users from publicly available databases or third parties from whom we have purchased data, third parties such as social media sites, law enforcement agencies, providers of denied party screening and marketing consultants and partners. We may also receive personal information such as contact details including name, position, phone or email-address from our partners and customers.
4. Why and on which legal basis do we collect and use your personal information?
The reasons for using your personal information may differ depending on the purpose of the collection. Regularly we use your information for the following purposes and on the following legal grounds:
- We use your information in order to perform our contractual services or prior to entering into a contract with you. If you order Services from Flexera or if you contact us to request our Services, we use your information to provide you with these Services. Information we use includes: information we need to contact you or otherwise communicate with you; information for order fulfillment, delivery of requested materials or services, maintenance and training associated with our Services; information to manage your account, information to enable the download or usage of Services, and information for invoicing and payment follow-up.
- We use your information if justified by our legitimate interests. The usage of your information may also be necessary for our own business interests. For example, we may use some of your information to evaluate and review our business performance, create financial statements, improve our Services, provide advertising or to identify potential cyber security threats. We may use your information for marketing purposes, for example, to send you relevant product updates and/or share your contact information such as names, email-address or phone number with Reseller Partners for them to directly contact, qualify and manage the customer relationship. If necessary we may also use your information to pursue or defend ourselves against legal claims.
- We use your information after obtaining your consent. In some cases, we may ask you to grant us separate consent to use your information. You are free to deny your consent and the denial will have no negative consequences for you. You are also free to withdraw your consent at any time with effect for the future. If you have granted us consent to use your information, we will use it only for the purposes specified in the consent form.
We often work on the basis of consent or other lawful grounds in relation to sales and marketing campaigns. For example, if you sign up to our email newsletter, or provide us with your email address and allow us to use this email address for email marketing, or when our marketing partners provide us with your email address, we will use your contact information in order to deliver our email marketing campaigns. You may easily withdraw consent by unsubscribing from our email newsletter at any time https://info.flexerasoftware.com/Manage-Preferences. You may also contact us via email, phone or mail at the addresses provided at the end of this document to request that we remove you from our email list.
- We use your information to comply with legal obligations. We are obligated to retain certain information because of legal requirements, for example, tax or commercial laws or we may be required by law enforcement to provide personal information on request.
We do not use your personal information for automated individual decision-making.
5. With whom do we share your personal information?
As required in accordance with how we use it, we will share your personal information with the following third parties:
- Our subsidiaries. To support our sales and marketing efforts, as well as in the performance of the Services, your personal information may be disclosed to our affiliates:
- Flexera Software LLC
- Flexera Software Limited
- Flexera Software GK
- Flexera Software Pty Limited
- Flexera Software India LLP
- Guangzhou BDNA Software Technology Limited
- Flexera Software GmbH
- Spider Lifecycle Management Systeme GmbH
- Brainware Technologies Ltd. International House
- Brainware JP
- Brainware Solutions AG
- Nova Ratio AG
- RightScale, Inc.
- Service providers and advisors. We may use third party vendors and other service providers to perform services on our behalf. Such services may include marketing campaign services, providing mailing or email services, tax and accounting services, product fulfilment, payment processing, conducting surveys or contests, performing customer service, performing data enhancement services, performing fraud prevention services, performing web hosting services , or providing analytic services. These third parties with respect to Flexera LLC include: Eloqua, SalesForce.com, Lithium, Gainsight, and Melissa Data. Any such service providers will by appropriate data processing agreements be bound to only process the data on Flexera’s behalf and under its instructions.
- Promotional partners. Third parties with whom we partner to provide promotional activities, which will be identified by name in the context of these activities. We may, for example, share contact details with Reseller Partners.[EM1] [SD2]
- Purchasers and third parties in connection with a business transaction. Third parties in connection with a Flexera-related transaction, such as a merger, sale of Flexera assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business, or in the event of a bankruptcy or similar proceedings.
- Law enforcement, regulators and other parties for legal reasons. Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our legal claims or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of Flexera, our visitors, or others.
- The Public when posted in certain public spaces. Remember, our Websites allow you to connect and interact with others. Your profile information or information that you post in a forum or on a blog, including personal information, will be available publicly to other members of the Websites by default when you create a profile, post in a blog or forum, or interact with others on the Websites in public groups, and post content to public spaces.
6. Social Media.
7. Links to Other Websites and Services.
The Services may contain links to and from third party websites of our business partners, advertisers, and social media sites and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites.
8. How long do we keep your information?
We will store personal information for as long as necessary to fulfil the purposes for which we collect the personal information, and in accordance with our legal obligations and legitimate business interests. Personal information collected in connection with the Websites by Eloqua will be identified for manual removal after eighteen months of no interaction between the data subject and Flexera. Additionally, personal information processed by Flexera as a data processor will be removed in accordance with the instructions of the applicable data controller.
9. How do we protect your information?
We implement a variety of security measures designed to maintain the safety of your personal information when you use our Services.
10. How do we safeguard your personal information when there is an international transfer?
As Flexera LLC is located in the USA, any information you provide, will be processed and stored in the USA.
The same is true for Flexera Software GK and Brainware JP as regards Japan, for Flexera Software Pty Limited as regards Australia, for Flexera Software India LLP as regards India and Guangzhou BDNA Software Technology Limited as regards China, for Brainware Solutions AG as regards Switzerland.
If you are in the European Union, the European Economic Area or Switzerland, this may mean that your personal information will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal information than the jurisdiction you are typically a resident in. For this reason, we have entered into guarantees to ensure appropriate safeguards.
As regards the sharing of personal information between Flexera group companies and with other companies located outside the European Union or European Economic Area and Switzerland, Flexera has entered into data transfer agreements based on the Standard Contractual Clauses issued by the European Commission.
EU-U.S. Privacy Shield
Flexera Software LLC participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Flexera is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
Flexera is responsible for the processing of personal data it receives under the Privacy Shield Framework, including any subsequent transfers to a third party acting as an agent on its behalf. Flexera complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Flexera is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Flexera may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
11. What kind of cookies and other tracking technologies do we use?
By using our Services you are agreeing that we can use tracking technologies, including cookies, web beacons, and similar technology (collectively, “tracking technologies”) in accordance with this policy. These tracking technologies collect information about how you use the Services (e.g., the pages you view, the links you click, and other actions you take on the Services), information about your browser and online usage patterns (e.g., IP address, log files, browser type, browser language, referring/exit pages and URLs, pages viewed, whether you opened an email, links clicked, etc.), and information about the device(s) you use to access the Services. We, or our third party partners, may link your various devices so that content you see on one device can result in relevant advertising and content displayed on another device, and so that we may recognize and contact you on the various devices you may use. We collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Services and to understand more about the demographics of our users.
- What are Cookies? Cookies are pieces of code that allow for personalization of the Services experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your device's hard disk (such as your computer or smartphone) for record-keeping purposes.
- What are Cookies and other tracking technologies used for? Cookies do lots of different jobs, like helping us understand how our Websites are being used, helping us analyze trends, administering the Websites, tracking users’ movements around the Websites, gathering demographic information about our user base as a whole, letting you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests. Additionally, we use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website(s); (b) provide custom, personalized content and information, including targeted content and advertising;(c) provide and monitor the effectiveness of our Services; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Websites; and diagnose or fix technology problems; and (f) otherwise to plan for and enhance our Services.
- What types of cookies are used by Flexera? The types of cookies used on our site can generally be put into one of the following categories: strictly necessary; analytics; functionality; advertising; and social media. You can find out more about each of the cookie categories in the table below.
- Strictly Necessary Cookies. These cookies are essential to make our Websites work. They enable you to move around the Websites and use their features. Without these cookies, services that are necessary for you to fully use our Websites may not be available, such as accessing certain areas of the Websites.
- Analytics Cookies. These allow us to recognize and count the number of visitors and to see how visitors move around the Services when they are using it. This helps us to improve the way the Services works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality Cookies. These cookies allow us to recognize you and tailor our Websites to provide enhanced features and content to you. For example, these cookies can be used to remember your IP address, language choice, country selection and requested Services.
- Advertising Cookies. These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website and may track you on other websites. This information may be shared with other organizations such as advertising partners.
- How long will cookies stay on your browsing device? The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing the website that has set the cookie. Persistent cookies stay on your browsing device after you have finished browsing a particular website, until they are deleted or until they expire.
- Interest-based advertising. We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. To do this, we or our advertising partners may collect information about how you use or connect to our Services, or the types of other websites, social media services, content and ads that you (or others using your device) visit or view or connect to our Services. Typically, this information is collected through cookies and similar tracking technologies.
If you only want to limit third party advertising cookies, you can turn such cookies off by visiting the following links (please bear in mind that there are many more companies listed on these sites than those that drop cookies via our website):
- Google Analytics. We use Google Analytics to recognize you and link the devices you use when you visit our Websites on your browser or mobile device, login to your account on our Websites, or otherwise engage with us. Google Analytics allows us to better understand how our users interact with our Services and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's site "How Google uses data when you use our partners' sites or apps" located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics' currently available opt-outs, including the Google Analytics Browser Add-On here https://tools.google.com/dlpage/gaoptout/.
12. Children Privacy.
From children under the age of 16 residing in the EU, we will not process any personal information on the ground of a consent.
13. Your California Privacy Rights.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. You may make one request each year by emailing us at firstname.lastname@example.org or writing to us at 300 Park Boulevard, Suite 500, Itasca, IL 60143, Attn: General Counsel.
14. CAN-SPAM and Canadian Privacy Act.
Flexera also complies with the CAN-SPAM Act of 2003 and the Canadian Privacy Act.
15. What rights and choices do you have?
We want you to understand your rights and choices regarding how we may use your personal information. Depending on how you use your information, these rights and choices may include the following:
Upon request, Flexera will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by contacting us at email@example.com. We will respond to your request within a reasonable timeframe.
- Individual Rights. You have specific rights under applicable privacy law in respect to your personal information that we hold, including a right of access and erasure and a right to prevent certain processing activities.
If you are a resident in the European Union, you have the following rights in respect to your personal information that we hold:
- Right of access. The right to obtain access to your personal information.
- Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
- Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
- Right to restriction. The right to obtain restriction of the processing undertaken by us on your personal information in certain circumstances, such as, where the accuracy of the personal information is contested by you, for a period of time enabling us to verify the accuracy of that personal information.
- Right to portability. The right to portability allows you to move, copy or transfer personal information easily from one organization to another.
- RIGHT TO OBJECT. YOU HAVE A RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. YOU CAN OBJECT TO MARKETING ACTIVITIES FOR ANY REASON WHATSOEVER.
If you wish to exercise one of these rights, please contact us using the contact details below. For cookies or e-mail marketing, we provide the following easily usable option:
- Cookies Settings and Preferences. You may disable cookies and other tracking technologies through the settings in your browser.
- E-Mail Settings and Preferences. If you no longer want to receive marketing e mails from us, you may choose to unsubscribe at any time https://info.flexerasoftware.com/Manage-Preferences.
In addition to the foregoing listed rights, as an EU resident, you also have the right to lodge a complaint with your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
16. How to contact us?
Flexera Software LLC, 300 Park Boulevard, Suite 500, Itasca, IL 60143, USA
You may also contact all Flexera’s non- EU group entities’ EU representative Flexera Software Limited, at DataProtectionTeam@flexera.com or Malvern House, 14-18 Bell Street, Maidenhead, Berkshire SL6 1BR. Flexera Software Ltd.
While the main contact information above is favored and would be happy to respond to all queries for all entities within the Flexera family, below are addresses for all additional Flexera entities:
- Flexera Software GK - Ark Mori Building 12F, 1-12-32, Akasaka, Minato-ku, Tokyo, 107-6012, Japan
- Flexera Software Pty Limited – Level 3, 818 Whitehorse Road, Box Hill, VIC 3128 Australia
- Flexera Software India LLP – Salarpuria Tech Point, Oasis Centre 7th Floor, 100 Feet Road Srinivagilu, 6th A Main Rd, Bangalore, Karnataka 560047 India
- Guangzhou BDNA Software Technology Limited – 202 West Tower, JiaDu Building, 66 JianZhong Road, TianHe District, GuangZhou, PRC Guangdong, China
- Flexera Software GmbH – Highlight Towers, Mies-van-der-Rohe-Straße 8, 80807 Munich, Germany
- Spider Lifecycle Management Systeme GmbH, Wasserstraße 221, 44799 Bochum, Germany
- Brainware Technologies Ltd. International House, 24 Holborn Viaduct, London EC1A 2BN, United Kingdom
- Brainware JP, 株式会社ブレインウェアジャパン 〒 194-0038 東京都町田市根岸2丁目32-12
- Brainware Solutions AG, Sumpfstrasse 15, 6300 Steinhausen, Switzerland
- Nova Ratio AG, Universitätsstraße 3, 56070 Koblenz, Germany[DS3]
17. Data Compliance Team.
For all enquiries regarding Flexera’s data processing activities you may also want to contact our Data Compliance Team who can be reached at: DataProtectionTeam@flexera.com.
This document was last updated March 19th, 2019