Effective Date: 5/24/2018, Last Modified: 5/24/2018
IBSurgeon (“IBSurgeon” or “we”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy applies to information we collect:
• at our Websites and through the use of our products;
• in email, text, and other electronic messages between you and our Websites (including our technical support services);
2. Data processing roles
IBSurgeon is the data controller of the Personal Data you provide on the Websites. IBSurgeon has appointed a Data Protection Officer.
3. Children Under the Age of 18
Our Websites are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Websites. We will remove any information about a child under the age of 18 if we become aware of it.
4. Information We Collect About You and How We Collect It
We collect different types of information about you, including information that may directly identify you. This includes information that we collect directly from you or through automated collection technologies.
We collect several types of information from and about users of our products and Websites, specifically information:
• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card information (for payment processing) and any other identifier by which you may be contacted online or offline (“Personal Data”);
• that is about you but individually does not identify you, such as Website traffic data, location data (through IP address), logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access and use on the Websites;
• about your internet connection, the equipment you use to access our Websites and usage details.
We collect this information:
• directly from you when you provide it to us;
• automatically, as you navigate through the site.
• From third parties, for example, our resellers and partners.
Information You Provide to Us
The information we collect on or through our Websites are:
• information that you provide by filling in forms on our Websites. This includes information provided at the time of registering to use our Websites, posting material, or requesting further services (such as technical support).
• records and copies of your correspondence (including email addresses), if you contact us;
• details of transactions you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites; and
• your search queries on the Websites.
The Personal Data we collect from you is required to enter into a contract with IBSurgeon, for IBSurgeon to perform under the contract, to provide you with our products and services, and to provide you with license keys to our products. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Websites or transmitted to other users of the Websites or third parties.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:
• details of your visits to our Websites, specifically traffic data, location data (through IP addresses), logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access and use on the Websites;
• Information about your computer and internet connection, specifically your IP address, operating system, and browser type.
The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways. It helps us to improve our Websites and to deliver a better and more personalized service by enabling us to:
• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Websites according to your individual interests;
• prevent or deter software piracy and protect our intellectual property;
• speed up your searches; and
• recognize you when you use and return to our Websites.
5. How We Use Your Information
We use your Personal Data for various purposes described below, including to:
• provide our Websites to you;
• provide you with information you request from us;
• enforce our rights arising from contracts;
• notify you about changes; and
• provide you with notices about your account
We use information that we collect about you or that you provide to us, including any Personal Data:
• to present our Websites and their contents to you;
• to provide you with information, products (including license keys), or services that you request from us;
• to provide you with information about security advisories regarding the products or services that you have purchased from us;
• to fulfill any other purpose for which you provide it;
• to provide you with notices about your account, including expiration and renewal notices, invoices, and receipts;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to notify you about changes or updates to our Websites or any products or services you have purchased or that we offer or provide though our Websites;
• to allow you to participate in interactive features on our Websites;
• when necessary to contact you about processing an order or transaction, to contact you through phone or SMS messages;
• in any other way we may describe when you provide the information; and
• for any other purpose with your consent.
With your consent, we may also use your information to send you newsletters and contact you about our own goods and services that may be of interest to you, including events and other activities that may be in your area or may be of interest to you.
6. Disclosure of Your Information
• our third-party service providers that we use to support our business, such as our payment processors and hosting providers;
• to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
• to comply with our legal obligations;
• to enforce our rights; and
• with your consent.
• to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them.
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of IBSurgeon’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by IBSurgeon. about our Websites’ users is among the assets transferred;
• to fulfill the purpose for which you provide it. For example, if you give us a name and/or email address and post in public comments to a page, we will transmit your name and/or email address to anybody who views that comment page;
• for any other purpose disclosed by us when you provide the information; and
• with your consent.
We may also disclose your Personal Data:
• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
7. Choices About How We Use and Disclose Your Information
We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for third-parties to advertise to you, our advertising to you, and other targeted advertising.
We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:
Promotional Offers from IBSurgeon. We will only use your email address to promote our own or third parties’ products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by sending us an email stating your request to [email protected]
If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link at the bottom of the email. This opt out does not apply to information provided to IBSurgeon as a result of a product purchase, support emails, product service experience, security advisory messages (security fixes and updates) for the products you have purchased from us, or other transactions.
8. Your Rights Regarding Your Information and Accessing and Correcting Your Information
You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.
Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.
• Access and Update. You may notify us through the contact information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
• Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing, but we have retained it as permitted by law.
• Portability. To the extent the Personal Data you provide IBSurgeon is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
• Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
• Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
• How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods below and through the live chat feature of our Websites. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.
12. Do Not Track Signals
We do not track you over time and across other third-party websites or services and therefore we currently do not honor do-not-track signals that may be sent by some browsers.
We do not track you over time and across third-party websites or other online services for any purpose. Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such signal is broadcast or received.
13. Data Security
Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Websites confidential.
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites like message boards. The information you share in public areas may be viewed by any user of the Websites.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Websites. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.
14. Consent to Processing of Personal Data
We may process your Personal Data outside of your home country. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data.
If you are a resident of the European Economic Area (“EEA”), in order to provide our Websites, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an adequate level of protection for your Personal Data.
9. Data Retention Periods
We retain your Personal Data for as long as you keep your account open. In some instances, we may keep it after you close your account, for example we may keep it:
• on our backup and disaster recovery systems;
• for as long as necessary to protect our legal interests; and
• and to comply with other legal requirements.
IBSurgeon will retain your personal data for the entire time that you keep your account open. After you close your account and request your information to be deleted, we may retain your Personal Data:
• for as long as necessary to comply with any legal requirement;
• on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
• for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
• for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
11. Contact Information
You may contact our Data Protection Officer through the contact information below. If you wish to contact us, you must contact both us and our representative through the contact information below or through the “Contacts” page on our Websites.