Effective as of January 30, 2019
As a financial software provider Devexperts LLC (“We”, “Devexperts”), a company with its principal corporate office at: First Name House, Victoria Road, Douglas, Isle of Man, IM2 4DF, is committed to protecting personal information You might provide to Us and to complying with applicable privacy requirements in a trustworthy, transparent and responsible manner.
We reserve the right to change this Policy from time to time as a result of changes required by third party providers, governmental authority, law, regulatory rules or valid subpoena, other administrative or legal process or court order. Changes and modifications to this Policy will be effective immediately upon posting of the changes and modifications through the Site, except where prohibited by law. If We change this Policy, We will notify You of the changes by updating the effective date at the top of this Policy and, if required by applicable laws, by providing You with a notice, which may be sent via email.
A.COLLECTION AND USE OF YOUR INFORMATION
When surfing, ordering or registering on Our Site, using Live Chat, You may be asked to enter Your Personal Data. We shall collect and process any Personal Data provided by You to Us for the purposes enlisted below:
- Providing, developing and improving Our Site;
- Responding to Your demands, requests and inquiries;
- Notifying You about sufficient changes to this Policy;
- Complying with legal and/or regulatory requirements and cooperating with regulators and law enforcement bodies;
- Protecting Our rights, Your rights, and the rights of others, and meeting Our own high standards of business practice.
If You are a user of Our Applications, We may use Your Personal Data for additional purposes.
The additional purposes in case of the Application downloading and usage are as follows:
- Providing an authorized access to the Application, developing and improving Our Applications and their services;
- Communicating with You, including to respond to Your comments or requests for information as for the Application You use;
- Requesting feedback on Our Application;
- Notifying You about changes to Your subscriptions or to the Application You currently use.
The Application obtains some Your Personal Data , when You download it. Upon Your account registration in an Application, the list of Personal Data may be enlarged. The registration is optional, however, some features offered by the Application, may be available only to the registered users.
If You are a user of Our Add-ons, We may use Your Personal Data only for the purpose of responding to Your request as for the Add-ons You use. We do not collect any Your Personal Data while You use or download the applicable Add-on.
B. HOW WE PROTECT YOUR PERSONAL DATA
- process the Personal Data in accordance with Data Protection Laws only for the purposes specified above or as otherwise instructed in writing by You, and inform You if any instruction contradicts any legal requirements to which We are subject;
- keep all Personal Data confidential;
- ensure that access to Personal Data shall only be provided to those of Our employees, or service providers who need access to such data for the communication with You and the provision of an Application;
- take adequate technical, organizational and physical security measures to safeguard Personal Data against
unauthorized access, destruction, disclosure, transfer, or other improper use;
- Employ internal access controls to ensure that only need-to-know personnel have access to Your information in order to perform its official duties;
- Train appropriate personnel on our privacy and security policies and compliance requirements;
- Perform regular backups of the Information Devexperts collect to ensure against loss;
- Use technical controls to secure the Information, including, but not limited to encryption; firewalls; password protections;
- Periodically test Our security procedures and conduct regular Malware and vulnerability scanning to ensure personnel and technical compliance;
- Employ external access safeguards to identify and prevent unauthorized access by third parties that attempt to reach, or cause harm to any information, contained in our systems;
- Employ disaster recovery plan and other business continuity programs implementation.
- provide You at Your written request with reasonable access to the Personal Data about You that We hold for You to be able to review and update Your Personal Data;
- promptly notify You of any accidental or unauthorized access, destruction, disclosure, transfer or other improper use of Your Personal Data, after We become aware of any such access, destruction, disclosure, transfer or other improper use;
- provide You at Your written request with all information necessary to demonstrate that We are in compliance with this clause B;
- audit the adequacy of Our security measures used to process Personal Data;
- upon expiration of 5 years period since last update of Your Personal Data, at the uninstalling of the Application and/or upon Your written request of revocation of Your consent, at Your election, delete or return the Personal Data to You, unless it is technically impossible or We are legally obliged to keep Your Personal Data; in this case We delete Your Personal Data when this legal obligation is fulfilled.
C.HOW WE SHARE YOUR INFORMATION
From time to time, to the extent permitted by applicable law, We may share Your information with third party service providers (e.g. credit card processors, data hosters) and authorities in the following circumstances:
- Third party service providers. We may share Your information with third parties who perform functions on Our behalf (e.g., hosting or operating our services). We do not authorize these third party service providers to use Your information for purposes other than for which it has been provided, and do not authorize these third parties to disclose that information to unauthorized parties. We require these third parties to maintain appropriate security to protect Your information from unauthorized access or processing.
- Authorities. We may disclose Your Personal Data to regulatory authorities, courts, and government agencies, where We believe that doing so would be in accordance with or permitted or required by any applicable law, regulation or legal process, to defend the interests, rights, and/or property of Us or others, or to respond to emergencies.
We shall transfer Your Personal Data to entities stated above in the section C and shall ensure that any such transfers of Personal Data to third parties will be subject to contractual requirements to safeguard Personal Data equivalent to those set out in Clause B, and We shall remain liable to You for any breaches caused by third parties upon such transfer. However, third party service providers have separate and independent privacy policies. We therefore have no responsibility or liability for their activities after We have done Our best to provide safety for Your Personal Data processing.
By continuing using Our Site You give Your consent to this Policy and to Our processing of Your Personal Data. If You choose not to consent to Our Policy, We may not interact with You to react to Your request or engage into any communication with You.
If You are a user of Our Application, then by downloading and/or registering in the Application, You shall comply with specific rules.
You shall comply with the clause D.1, if You act on behalf of an entity. If You are a natural person (being a user of Our Application), You shall comply with D.2.
(1) You hereby warrant that all Data Subjects that shall be involved in Application downloading and usage from Your side, have consented to their Personal Data being disclosed to Us, third party service providers or any auditors acting on behalf of the named above for Personal Data processing, including the further potential transfer to the aforementioned entities, in particular, in accordance with the third party providers’ policies and the requirements of the regulatory authorities. Such Data Subject’s consent shall include the aforementioned entities’ right to review, receive and store Personal Data, where necessary for the purposes of verifying or ensuring compliance with Your obligations.
(2) You hereby give Your consent to Us to process Your Personal Data. Subject to applicable law, You shall provide any further consent needed for Us, third party providers or any auditors acting on behalf of the named above, to review, receive and store Personal Data, where necessary for the purposes of ensuring compliance with Your obligations. You also consent the aforementioned entities are entitled to review, receive and store Personal Data, where necessary for the purposes of verifying or ensuring compliance with Your obligations.
If You contact Us regarding Your downloading or usage of the applicable Add-on, You give Your consent to this Policy and to Our processing of Your Personal Data.
E. YOUR RIGHTS REGARDING YOUR PERSONAL DATA
Subject to local law, You may have certain rights regarding Your Personal Data. These may include, depending on the circumstances, the following rights to: access Your personal information; rectify the personal information We hold about You; erase Your personal information; restrict Our use of Your Personal Data; object to Our use of Your Personal Data; receive Your Personal Data in a usable electronic format and transmit it to a third party (also known as the right of data portability); lodge a complaint with Your local data protection authority; and withdraw any consent You have given to the use of Your Personal Data. If You would like to discuss or exercise the rights You may have, feel free to contact Us via email at firstname.lastname@example.org, via Application or, in case of Add-ons, You may contact Us at email@example.com.
Collection of the Personal Data can be stopped easily by uninstalling the Application, using the standard uninstall processes as may be available as part of the mobile device or via the mobile application marketplace or network.
Here You may find the list of Your rights if Your Personal Data is processed subject to the GDPR:
- Right to access, rectification, erasure and restriction of processing;
- Right to restrict processing;
- Right to object to processing;
- Right to data portability;
- Right to lodge a complaint.
In case You wish to opt out from certain disclosure of any of Your Personal Data to a third party or choose to limit purposes for which Your personal information is collected or used by Us, You may do so by contacting us via email at firstname.lastname@example.org , via Application or, in case of Add-ons, You may contact Us at email@example.com. However, We feel obliged to warn You that Your setting of certain limitations of Your Personal Data processing by Us may cause Our inability to provide services via Application and sufficient help to You in its fullest scope.
F. YOUR OBLIGATIONS REGARDING YOUR PERSONAL DATA
In relation to all Personal Data provided to Us, You shall ensure that You shall not, by any act or omission, put Us, third party service providers in breach of any of the Data Protection Laws.
If You download, register in or use Our Application and/or Add-ons, You have some additional obligations with respect to Your Personal Data provision to Us.
You shall also guarantee that:
- You comply with, and represent and warrant that You have complied with the Data Protection Laws in relation to the use of the Application by You (and Your Data Subjects (if applicable));
- You shall do and execute, or arrange to be done and executed, each act, document and thing necessary or desirable in order to comply with this Policy.
G. INTERNATIONAL TRANSFERS
We are an international company, Our Site, Applications and Add-ons are United States-based and are primarily operated and managed on servers located and operated within the United States. In order to make Site available to You or to provide Application and/or Add-on to You, We may send and store your Personal Data outside of the country where You reside or are located, including to countries that may not or do not provide the same level of protection for Your Personal Data. We are committed to protecting the privacy and confidentiality of Personal Data when it is transferred so, in spite of the data protection adequacy level of such countries, We shall only transfer Personal Data to such third party that: (i) has provided satisfactory assurances to Us that it will protect the Personal Data in accordance with this Policy and the applicable data protection legislation; and (ii) has a legal or contractual right to require such transfer.
H. TRANSFERS OUTSIDE EEA
If you reside or are located within the EEA and Your Personal Data are to be transferred to a country that is not considered “adequate” for privacy by the EU Commission, We shall take appropriate steps to provide the same level of protection for the processing carried out in any such countries as You would have within the EEA to the extent feasible under applicable law and We shall additionally conclude the following agreements with the data receiving organization in such countries: the Standard Contractual Clauses for Controller-to-Controller Transfers approved by EC Commission Decision of 27 December 2004 (the “C-to-C Transfer Clauses“) or the Standard Contractual Clauses for the Transfer of Personal Data to Processors Established in Third Countries approved by EC Commission Decision of 5 February 2010 (the “C-to-P Transfer Clauses“) depending on the nature of the Processing. By submitting Your Personal Data, You agree to this transfer, collection, systematization, checking, rectification, updating, usage, storing and processing.
You can find the terms of the C-to-C Transfer Clauses and C-to-P Transfer Clauses at the following link https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
(1) For the purposes of this Policy: The terms “Controller” “Processor”, “Process(ing)”, and “Personal Data” each have the meaning given to such terms in the GDPR.
(2) The Personal Data collected during Your Site use includes any data identifying You that You provide to Us:
- Email address;
- Telephone number;
We may also automatically collect the following categories of information from devices (e.g., mobile, computer, laptop, tablet) used to visit or use Our Site.
- IP address;
- Device identifier;
- Log files;
- Cookies (for more detailed info, see Cookies);
- Clear gifs;
- Flash LSOs; and
- Other information.
In case You are the user of Our Application the list of Personal Data may be enlarged.
The Personal Data is necessary for Application due performance includes any data identifying You and essential for fulfilment of Our obligations under the EULA that You or Your representative provide to Us. Upon downloading of the Application We automatically collect the following Personal Data (including, but not limited to):
- The type of a mobile device;
- Unique device ID;
- IP address of a mobile device;
- Operating system.
If You register an account in the Application, in addition to the Personal Data collected upon downloading We also collect Your E-mail.
If You connect Us regarding Our Add-ons, We collect Personal Data that You provide to Us only necessary to respond to Your inquiry. Please try to conceal or delete unnecessary Personal Data that may accidently end up in Your requests or files attached to them.
- Email address.
(3) The term “Data Protection Laws” means applicable legislation and regulations relating to the protection of Personal Data, (including the GDPR).
(4) The term “Data Subject” shall mean an individual whose Personal Data is at issue.
(5) The term “GDPR” shall mean European Union Regulation 2016/679 and includes any relevant implementing measure in each relevant European state, or any successor legislation thereto.
(6) As for Application usage, any capitalized terms not defined in this Clause I shall be defined as they are described under the EULA.
We do not use automated decision-making while processing Your Personal Data or any other similar method that has legal or similarly significant effects on the individual.
When You start a Live Chat with Us, fill in “Contact Us” form, during Your use of Application, We may use Your Personal Data provided to Us in for marketing and advertising purposes. Such processing shall be carried out in accordance with the Policy. We promise not to spam Your e-mail box.
If you wish to discontinue receiving marketing e-mails from Us, You may opt out via email at firstname.lastname@example.org at any time.