1. Personal Information
“Personal Information,” as used in this Policy, means any information relating to an identified or identifiable person. An identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the person.
- First and last name;
- Email address;
- Postal address;
- Telephone number;
- Employer information; and
- Any other Personal Information as may be relevant for uses identified in Section 3
Personal Information does not include “aggregate” or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes.
2. Collection of Information
Collection of Voluntarily-Provided Information
We collect Personal Information that our users provide to us in a variety of ways. These include the following:
- Subscribing to Email Newsletters.
- Registering for events (including, without limitation, seminars, webinars).
- Requesting information about our products.
- Correspondence. If you contact us by e-mail, using a contact form on the Website, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence.
- Applying for a job.
- Personal information collected online may be supplemented with information you provide to ZENOPTICS through other ZENOPTICS services, as well as other sources such as trade shows or seminars, and other data appending methods such as spot tags, tracking and cookies as referenced below.
Passive Information Collection
When you visit our Website, some information is collected automatically. For example, we automatically collect your browser’s Internet Protocol (IP) address, your browser type, the nature of the device from which you are visiting the Website (e.g., a personal computer or a mobile device), the identifier for any handheld or mobile device that you may be using, the actions you take on our Website. We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message.
Information from Other Sources
We may receive information about you, including Personal Information, from third parties, and may combine this information with other Personal Information we maintain about you. If we do so, this Policy governs any combined information that we maintain in personally identifiable format.
3. Purpose and Legal Basis of Processing Personal Information
We may also use Personal Information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the “Choice” section below. We process your Personal Information on the basis of your consent, for the performance of a contract to which you (or your company) is a party, and/or as necessary for compliance with our legal obligations.
4. Recipients of Personal Information
Except as described in this Policy, we will not disclose your Personal Information that we collect to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
We may disclose Personal Information to third-party service providers (e.g., payment processing, data storage and processing facilities, event venues, marketing companies etc) that assist us in our work. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
Where you transmit data to us via email, your enquiry is stored and processed as an email which is hosted by Microsoft. It may also be logged on a CRM system, Salesforce.com. Our website is hosted by a third-party provider who would also receive your data. Any data you enter into our website is stored in our CRM system.
ZENOPTICS may share Personal Information with other companies in order to work with them, including affiliates of the ZENOPTICS corporate group. For example, ZENOPTICS may need to share Personal Information with other companies within the ZENOPTICS corporate family for customer support, marketing, technical operations and account management purposes.
Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.
For Legal Reasons
We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Website and other users of the Website.
We take appropriate steps to safeguard your data as required by law, including those allowed under Article 46 of Regulation (EU) 2016/679. You may request additional information about such steps by contacting us as described in Section 16 (Contacting Us) below. We reserve the right to fully use and disclose any information that is not in personally identifiable form.
If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail or by writing to us at the address given at the end of this policy.
Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period.
6. Personal Information Retention Period
We do not store your Personal Information for more time than necessary. Retention periods may vary depending on the data categories and the processing activities. Where we are processing and using your Personal Information as permitted by law or under your consent, we will store it (i) only as long as required to fulfill the purposes set out above, (ii) where we have a legitimate interest in using the Personal Information, until you object to our use of the Personal Information, or (iii) where you gave you consent, until you withdraw it. However, where we are required by applicable law to retain the Personal Information longer or where the Personal Information is required to assert or defend against legal claims, we will retain it until the end of the relevant retention period or until the claims in question have been settled.
Our customers have the ability to create user accounts or profiles on our Website for providing software support services, you may have the ability to access and update many categories of personal information that you provide to us by logging in to your account and accessing your account settings.
If you request that we delete your account (via a user settings page, by e-mail, or otherwise), we will do so within a reasonable period of time, but we may need to retain some of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so. If you are an employee of a ZENOPTICS customer, you may also wish to contact your company’s system administrator for assistance in correcting or updating your information.
8. Customer Data
ZENOPTICS customers may electronically submit data or information into the ZENOPTICS application (“Customer Data”). ZENOPTICS will only have access to such Customer Data in the event the Customer also has engaged ZENOPTICS to provide related services, which may include, but not be limited to, hosting, maintenance and support, or managed services (“Services”). Where ZENOPTICS has such access, it will not review, share, distribute, or reference any such Customer Data except as provided in the applicable Master License Agreement, Services Agreement, and/or Data Processing Agreement (the “Agreement”), or as may be required by law. In accordance with the Agreement, ZENOPTICS may access Customer Data only for the purpose of providing the Services or preventing or addressing service or technical problems or as may be required by law.
ZENOPTICS acknowledges that you have the right to access your personal information. If personal information pertaining to you as an individual has been submitted to us by a ZENOPTICS customer and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with our customer directly. Because ZENOPTICS personnel have limited ability to access data our customers submit to our Services, if you wish to make your request directly to ZENOPTICS, please provide the name of the ZENOPTICS customer who submitted your data to our Services. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.
The Website may contain links to other web sites, products, or services that we do not own or operate. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them.
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Website, products, and services are not directed to, or intended to be used by, children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If we learn that we have collected personal information from a child under the age of 13 on our Website, we will delete that information as quickly as possible. If you believe that we may have collected any such personal information, please notify us as provided in Section 16 (“Contacting Us”) below.
11. International Visitors
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.
13. Your Rights as a Data Subject
By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you may withdraw that consent at any time.
If we are processing your personal data for reasons of consent or to fulfil a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.
If we are processing your personal data for reasons of consent or legitimate interest, you can request that your data be erased.
You have the right to ask us to stop using your information for a period of time if you believe we are not doing so lawfully.
Finally, in some circumstances you can ask us not to reach decisions affecting you using automated processing or profiling. To submit a request regarding your personal data by email, post or telephone, please use the contact information provided below in the Section labelled “Contacting Us”.
14. Your Right to Complain
If you have a complaint about our use of your information, we would prefer you to contact us directly in the first instance so that we can address your complaint. Please find our contact information in Section 16 (“Contacting Us”) below.
While we prefer you contact us directly to enable us to promptly address your concerns. You have the legal right to contact the local supervisory authority in your country to lodge a complaint.
15. Updates to this Policy
We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the beginning of the Policy. Your continued use of our Website after such changes will be subject to the then-current policy. As may be required by applicable law, if we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose personal information.
16. Contacting Us
If you have any questions or comments about this Policy, please contact us in writing, using the following contact information:
1762 Technology Drive, Suite 108
San Jose, CA 95110
We are not required to have a data protection officer, so any enquiries about our use of your personal data should be addressed to the contact details above.