EU Privacy Policy
The EU Privacy Policy, effective May 25, 2018, outlines that for residents of the EU, UK, Lichtenstein, Norway, or Iceland, D-Tools acts as the controller of Personal Information as defined by the GDPR, processing data only on lawful grounds such as consent, contractual necessity (including essential account data and third-party login info), or legitimate interests, with the most protective privacy provisions prevailing in case of conflicts, and directs inquiries to legal@d-tools.com.
Last Modified: May 2018
If you are a resident of the European Union ("EU"), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Information. The terms in this section are effective as of May 25, 2018.
For this section, "Personal Information" has the same meaning as "personal data" as defined in the GDPR, and "processing" covers actions such as collection, use, storage, and disclosure. D-Tools will be the controller of your Personal Information processed in connection with the Services. If D-Tools is the processor of your Personal Information (i.e., not the controller), please contact the controller party to address your rights with respect to such data.
If there are any conflicts between this section and any other provision of D-Tools’ general Privacy Policy, the policy or portion that is more protective of Personal Information shall control. For questions, contact legal@d-tools.com.
Legal Grounds for Processing
We will only process your Personal Information if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity, and our "legitimate interests" or the legitimate interest of others.
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Contractual Necessity: We process the following categories of Personal Information as a matter of contractual necessity, meaning we need to process the data to perform under our Terms of Service with you:
- Essential Account Data
- Essential First-Party Cookies
- Connection Data
- Third party account information (e.g., if a User logs into the Services using third party credentials)
Failure to provide such Personal Information will result in your inability to use some or all portions of the Services that require such data.
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Legitimate Interest: We process the following categories of Personal Information when we believe it furthers the legitimate interest of us or third parties:
- Optional Account Data
- Billing Data
- Contact Information
- Online Form, Email and Chat Data
- Event Data
- Support Ticket Data
- Community Forums
- Augmented Tracking Data
- Tracking Cookies
Examples of these legitimate interests include:
- Providing the Services to Users
- Facilitating usage of our Service
- Providing personalized and customized content and information to Users
- Collecting payment from customers
- Operation and improvement of our business, products and services
- Marketing of our products and services
- Provision of User support
- Compliance with legal obligations
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Consent: In some cases, we process Personal Information based on the consent you expressly grant to us at the time we collect such data. When we process Personal Information based on your consent, it will be expressly indicated to you at the point and time of collection.
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Other Processing Grounds: From time to time we may also need to process Personal Information to comply with a legal obligation, protect the vital interests of you or other data subjects, or for a task carried out in the public interest.
How And With Whom Do We Share Your Data?
We share Personal Information with vendors, third party service providers, and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. We also share Personal Information when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. These parties also include:
- Other Users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
- Social media services (if you interact with them through your use of the Services)
- Third party business partners who you access through the Services (e.g., third party applications)
- Other parties authorized by you
We also share information with third parties when you have given us consent to do so.
We also share Personal Information when we believe it is necessary to:
- Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
- Protect us, our business, or our Users (e.g., to enforce our Terms of Service, prevent spam or other unwanted communications, and investigate or protect against fraud)
- Maintain the security of our products and services
If we choose to buy or sell assets, user information is typically one of the transferred business assets. If we, or substantially all of our assets, are acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Information with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
How Long Do We Retain Your Personal Information?
We retain Personal Information about you for as long as you have an open account with us or as otherwise necessary to provide you Services.
- Account data (both essential and optional) is maintained as long as you have an active account with us and for up to 90 days after account closure.
- Session cookies expire after 14 days by default, but the expiration can be set longer or shorter under your control.
- In some cases, we retain Personal Information for longer if necessary to comply with legal obligations, resolve disputes, collect fees owed, or as otherwise permitted or required by law. Contact and company information, as well as subscription and payment activity and any contracts you have executed with us, will be retained for at least 7 years for auditing purposes. Some marketing-related information will be retained for 5 years for analytic purposes.
- Content you post on our systems (such as Community Forums) may remain on the Site indefinitely, unless you send us an explicit removal request.
- Our third-party processors may retain data for various periods depending on their individual privacy policies.
What Security Measures Do We Use?
We seek to protect Personal Information using appropriate technical and organizational measures based on the type of Personal Information and applicable processing activity.
Personal Information of Children
We do not knowingly collect or solicit Personal Information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at legal@d-tools.com.
What Rights Do You Have Regarding Your Personal Information?
You have certain rights with respect to your Personal Information, including:
- Access: Request more information about the Personal Information we hold about you and request a copy of such Personal Information. You can also access certain of your Personal Information by accessing your account settings or contacting us at legal@d-tools.com.
- Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by accessing your account settings or contacting us at legal@d-tools.com.
- Erasure: Request that we erase some or all of your Personal Information from our systems.
- Withdrawal of Consent: If we are processing your Personal Information based on your consent, you have the right to withdraw your consent at any time. Please note that if you exercise this right, you may have to provide express consent on a case-by-case basis for the use or disclosure of certain Personal Information if necessary to enable you to utilize some or all of our Services.
- Portability: Ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: Contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes.
- Restriction of Processing: Ask us to restrict further processing of your Personal Information.
- Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.
Transfers of Personal Information
Our AWS Hosted services may be hosted and operated in the United States ("U.S.") through D-Tools and its service providers. If you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Information about you, regardless of whether provided by you or obtained from a third party, is being provided to D-Tools in the U.S. and will be hosted on U.S. servers. You authorize D-Tools to transfer, store, and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant to:
- 1.A data processing agreement incorporating standard data protection clauses promulgated by the EC (see here),
- 2.Binding corporate rules for data protection that align with the GDPR’s requirements, or
- 3.Adherence to an industry- or technology-specific approved code of conduct blessed by the EC.
What if You Have Questions Regarding Your Personal Information?
If you have any questions about this section or our data practices generally, please contact us using the following information:
- Name: D-Tools Inc.
- Attention: Legal Department
- Physical address: 1850 Gateway Boulevard, Suite 1060, Concord, CA 94520
- Email address for contact: legal@d-tools.com
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