Last updated: October 17th, 2018
Our Terms of Service, available at www.d-tools.com/terms-of-service (“ToS”), and our Software License Agreement, available at www.d-tools.com/license-agreement-d-tools (“EULA”), are both incorporated into this Policy. By using the Services, (1) you are agreeing that you have read, understood, and agreed to all terms and conditions of this Policy, and 2) you are giving D-Tools permission to use, store, process, disclose, and transfer, including international transfer (“processing”), your data consistent with this Policy and our ToS and EULA. If you do not agree to this Policy, you must immediately stop using the Services.
I. Personal Information We Collect
We collect personal information (any information relating to an identified or identifiable natural person, such as name, email address, and phone number, and which is not otherwise publicly available) about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with personal information about you, or when personal information about you is automatically collected in connection with your use of our Services (collectively, “Personal Information”). Following is a description of the types of data we collect and the purposes of collection and processing.
A. Information We Collect Directly From You
1. Essential Account Data
We receive Personal Information directly from you when you provide it to us as part of creating an account, including at least:
- Email address
- Password or other login details
- Information regarding other users within your organization
2. Optional Account Data
As part of utilizing the Services (e.g., for support or troubleshooting), you may voluntarily submit additional information, including:
- Phone number
- Company name and size
- Additional notification email addresses
- Profile photo
- Geographic location
3. Non-personally Identifiable Information (Anonymized Data)
Data relating to your online activity on our Sites with respect to our Services may include the following:
- IP address
- browser type and version
- geographic location
- pages you view and the length of your stay
- how you got to our Services and any links you click on to leave our Services
- when you update your information, communicate with us, or order new Services
- metadata about your use and your contacts’ use of our Services and your emails you send (including clicks and opens)
- your interactions with any videos we offer
- issues you encounter requiring our support or assistance
- any device or other method of communication you use to interact with the Services
- any data regarding your projects and products
We store this data we collect in a variety of places within our infrastructure, including system log files, back end databases and analytics systems.
4. Opt-In Services
As we develop additional Services, you will have the choice to opt in to such Services, which may require us to collect additional personal data, to be determined.
We will use this information to provide you with the opt-in Services and may disclose this information to third parties, as such disclosure may be necessary from time to time in providing these opt-in Services. If such additional personal information is collected, you will be informed at that time as to what and why such information is required for the Services.
5. Billing Information
For customers who pay by credit card, we will also collect payment information and will associate it with a third-party payment processor identified on the list of our Sub-processors at www.d-tools.com/sub-processors/ (We do not store any payment card information ourselves; payment card data is collected and retained by our sub-processor for this information. We retain only the subscription ID.) For other paid customers we will collect and maintain billing information outside of the Sites.
For all paid customers, we maintain a record of service subscriptions, invoices and payments.
Billing information and payment records are processed in order to provide Services to our paid customers and to comply with legal and contractual requirements.
6. Connection Data
If you access our Sites or Services through a third-party connection or log-in or connect an application to D-Tools, that third party you connected with may pass certain information about your use of its service to D-Tools. This information could include, but is not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that third-party service.
Connection Data is processed in order to provide application connectivity, which is part of the Services.
7. Online Form, Email and Chat Data
When you fill out an online form, for example to subscribe to a newsletter, or engage in email or online chat communications with us, you may voluntarily supply us contact and other information and we may also retain a record of any communications with you or activities you perform.
Data from these sources is processed in order to supply you with information that you request from us and may be used for direct marketing and analytic purposes.
8. Event Data
When you register for a D-Tools event, we will collect contact information from you and when you attend, we will retain a record of your participation.
Event subscription data is collected in order to provide you with access to events that you have requested. We may also use your contact information for direct marketing purposes. Event attendance data is processed by us to better understand our user base and for marketing purposes.
9. Support Ticket Data
When you submit a support ticket through our systems, we will collect company and contact data, and record activity related to your request.
Information submitted as part of support tickets is processed by us in order to provide help to you in using the Services, to contact you about your request(s), and to improve our products and Services.
10. Blogs and Community Forums
D-Tools offers publicly-accessible blogs or community forums. You should be aware that any information provided in these areas may be read, collected, and used by others who access them. If you elect to post something in a public area of our Service, any Personal Information or content that you voluntarily disclose for posting to the Service, becomes available to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information. To request removal of your Personal Information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your Personal Information.
We post user testimonials on our Sites. These testimonials may include names and other Personal Information and we acquire permission from our users prior to posting these on our Sites. We are not responsible for the Personal Information users elect to post within their testimonials.
Information submitted by you to our blogs and community forums is processed by us in order to help users report and resolve problems with the Services, to communicate with users of the Services and to improve our products and Services.
11. Session Data Automatically Recorded
In addition to the Non-personally Identifiable Information listed above in Section I(A)(3) above, when you use our Services, we will automatically collect and record information on your use of the Services, including, without limitation, pages visited, links clicked, text entered, and mouse movements (collectively, “Session Data”). Session Data may also include the referring URL, browser, operation system, internet protocol address, access times, pages viewed, browser type, features of the Services you may have interacted with, metadata and other details about these elements (e.g., duration and search keywords used), clicks, change states and all other user actions and interaction information or similar technical data.
We will process Session Data in order to answer your inquiries regarding the Services and to provide troubleshooting help related to your use of the Services. If our Services crash on your mobile device, we will receive information about your mobile device model and operating system version, which allows us to identify and fix bugs and otherwise improve the performance of our Services.
The Session Data will be recorded and retained for a rolling period of 30 days from the date of such recording. At the end of the 30-day period for any particular Session Data, such data will be automatically deleted.
B. Information We Receive From Third-Party Sources
Some third parties provide us with Personal Information about you, such as the following:
Account information for third-party services: If you interact with a third-party service when using our Services, such as if you use a third-party service to log-in or link in to our Services, or if you share content from our Services through a third-party social media service, the third-party service will send us information about you, such as information from your public profile, if the third-party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.
II. Use and Disclosure of Personal Information
A. Use in Connection with the Services
D-Tools may use Personal Information to operate, improve upon, and personalize the Services, for billing identification and authentication, to contact and communicate with you about the Services and your use of the Services, to support your use of the Services, to send marketing materials, announcements, updates or offers (subject to your opt out option), for research purposes, to generally improve the content and functionality of the Services, to develop new Services, and as otherwise described in this Policy. We may also combine your Personal Information with third-party analytics information to build a broader profile of our individual Users so that we can serve you better and provide custom, personalized content and information. Additionally, we may use Personal Information for identification and authentication and fraud prevention, to analyze Site usage, for internal market research, troubleshooting problems, to enforce our Terms of Service, and as otherwise set forth in this Policy.
Note that we will never email you to ask for your account or other personal information; if you receive such an email, please forward it to email@example.com.
D-Tools may use your cell phone number to call or text you in connection with your use of the Services. If you would like more information, or to opt out of such calls or texts, please review our ToS.
We use financial information solely as authorized by you in accordance with the Services, in order to process your payments.
B. Third-Party Processors and Links
We share Personal Information with third-party service providers (such as credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage, and other services we use to operate the Services and maintain a high-quality user experience.
We may use third party analytics tools to help us measure traffic and usage trends on the Sites. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, and other information that assists us in improving the Services.
We may also store Personal Information in third-party marketing, Customer Relationship Management, and mail-management software, in order to facilitate our interactions with users or potential customers. All such third-party sub-processors are identified on list of our Sub-processors at www.d-tools.com/sub-processors/.
The Services may contain links to websites ad applications other than the Sites, including websites and applications operated by affiliates and other third parties. Please be aware that we do not endorse and we are not responsible for the privacy practices or content of websites and applications operated by third parties other than our Sub-processors (and only to the extent such sub-processing is necessary in connection with the Services). Your browsing and interaction on any third-party website or service, including those that have a link on our Sites, are subject to that third party’s own rules and policies. We encourage you to be aware when you leave the Sites and read the privacy statements of third-party websites and applications linked to the Services. In addition, you agree that we are not responsible for and we do not control any third parties that you authorize to access your user content. If you are using a third-party website or service and you allow such third parties access to your user content, you do so at your own risk. This Policy applies only to information collected by the Services.
C. Analytics and Logs
We may collect and use the analytic information from our own systems and from third parties together with your Personal Information to build a broader profile of our individual users so that we can serve you better.
D-Tools gathers certain information automatically and stores it in log files. This information includes internet protocol addresses as well as browser, internet service provider, referring/exit pages, search terms, operating system, date/time stamp, and clickstream data. Occasionally, we may connect Personal Information to information gathered in our log files, as necessary to improve the Services. Otherwise, we generally use this information as we would any usage data, to analyze trends, administer and maintain the Services, or track usage of various features within the Services, or to develop improvements to the Services or new opt-in Services.
D. Other Information Sharing
In addition to the purposes described above, we disclose Personal Information to respond to subpoenas, court orders, on legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud or abuse, situations involving potential threats to the physical safety of any person, violations or our ToS, or as otherwise required by law.
We may share information, including Personal Information with any member of the D-Tools which includes any entity that controls, is controlled by, or under common control with D-Tools.
If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sale transaction, your Personal Information will be transferred as part of that transaction. We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information.
We may also share your Personal Information in the aggregate or in an anonymized fashion with other information in such a way so that your identity cannot reasonably be determined, as such disclosure is commercially reasonable and in compliance with applicable law.
E. International Transfer of Data
Personal Information collected on the Sites and through the Services may be processed and transferred from time to time to locations throughout the world and the Sites may be viewed and hosted anywhere in the world. The Personal Information of users who are located outside the U.S. may be transferred outside of each eligible country to the U.S., where our servers are located and where it will be processed and stored. By providing Personal Information or accessing the Sites or Services, you expressly and unambiguously agree to such transfer, processing, storage, and disclosure.
F. European Economic Area – Legal Bases for Collecting and Using Information
If you are an individual from the European Economic Area, our legal basis for information collection and use depends on the personal information concerned and the context in which we collect it. Most of our information collection and processing activities are typically based on (i) contractual necessity, (ii) one or more legitimate interests of D-tools or a third party that are not overridden by your data protection interests, or (iii) your consent. When we rely on your consent as the legal basis, you have the right to withdraw your consent at any time (see Section IV below). Where we rely on legitimate interests as the legal basis and those interests are not specified above, we will clearly explain to you what those legitimate interests are at the time that we collect your information.
III. Storage and Security of Personal Information
A. Customer Data
Customer Data may be stored in our systems temporarily as part of processing and retained for a limited time to support Services features such as history logging and error recovery.
D-Tools protects Customer Data using commercially feasible methods from interception or alteration.
D-Tools will not examine or distribute any Customer Data except as provided in our ToS, or as required by law. D-Tools may however use automated tools to examine Customer Data in aggregate, in order to improve the Services.
The transmission of information via the internet, email or text message is not completely secure. Although we will use industry-standard practices to protect your Personal Information from theft, loss, misuse, or other unauthorized access or use, we cannot guarantee the security of your information and your use of the Sites and the Services is at your own risk.
C. Data Retention
D-Tools will retain Personal Information, other than Session Data (which will be automatically deleted on a rolling 30-day period, as described in Section I(C)(11) above), for as long as needed to provide Services to our customers, subject to our compliance with this Policy. We may further retain and use this Personal Information as necessary to comply with our legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes, enforce our agreements, protect our rights, and for other legitimate business reasons to the extent permitted by law. We have established internal policies for the deletion of data from customer accounts following termination of a customer’s subscription to the Services.
We also collect and maintain aggregated, anonymized or pseudonymized information which we may retain indefinitely to protect the safety and security of our Sites, improve our Services, comply with legal obligations, or for other legitimate business reasons to the extent permitted by law.
If you are from the European Economic Area and you believe that someone has entrusted your information to us for processing, please contact such person if you would like to access, rectify, erase, restrict or object to processing, or export your personal data. We will extend our support to our customer or third party in responding to your request within a reasonable timeframe.
You may decline to submit any Personal Information through the Services, or you may revoke your consent and/or block processing of your Personal Information, or you may update or change your Personal Information. You can also ask to review any of the Personal Information that we have retained, review how it is being used, have such information updated or changed or have such information deleted by contacting us at firstname.lastname@example.org. However, if we do not have certain Personal Information, we may not be able to provide certain services to you.
If you would like to opt out of getting marketing communications from D-Tools please contact us at email@example.com. Requests to opt out of transfers to our third-party vendors may also be submitted, but limitations on data sharing may make it difficult or impossible to provide the Services after an opt-out. Some communications from us are considered transactional or service communications (for example, important account notifications and billing information), and the Services are provided to you upon the condition that you receive these communications from us.
Because there is not yet a common understanding of how to interpret the “Do Not Track” signals, we do not currently track or respond to browser “Do Not Track” requests.
V. Children’s Personal Information
D-Tools does not knowingly collect any Personal Information from children under the age of 16. If you are under the age of 16, please do not submit any Personal Information through our Services. If you have reason to believe that a child under the age of 13 has provided Personal Information to D-Tools through our Services, please contact us, and we will use commercially reasonable efforts to delete that information from our databases.
VI. Your California Privacy Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: firstname.lastname@example.org or D-Tools Inc., 1850 Gateway Blvd, Suite 1060, Concord, California, 94520, Attn.: Legal.
We provide you a way to download the Personal Information by following the steps here www.d-tools.com/portability/
We may, in our sole discretion, modify or update this Policy from time to time. If we make any material changes to this Policy, we will endeavor to notify you by email or by posting a prominent notice on the Sites prior to the change becoming effective but will not be liable for any failure to do so. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Services constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of the Services.
IX. Contact Us
If you have questions regarding this Policy or about the privacy practices of D-Tools, please contact us by email at email@example.com,