Privacy policy

Privacy Policy

Thank you for visiting SmartBear Software Inc.’s (“SmartBear”) Internet website located at the URL: http://smartbear.com (“Site”). This Privacy Policy details certain policies implemented throughout SmartBear governing SmartBear’s use of personally identifiable information about users of our Site and users of our services and/or software that is available for download on this Site.

SmartBear complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personally identifiable information from European Union member countries and Switzerland. SmartBear has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view SmartBear’s certification, please visit http://www.export.gov/safeharbor/.

For purposes of this Privacy Policy, “personally identifiable information” shall mean any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. The following applies solely to the extent that SmartBear collects personally identifiable information directly from individuals.

Privacy Policy Updates

Due to the Internet’s rapidly evolving nature, SmartBear may need to update this Privacy Policy from time to time. SmartBear will post any updated Privacy Policy on the Site at http://smartbear.com/privacy and post notice of the change so it is visible when users log-on for the first time after the change is posted so that you are always aware of what personally identifiable information we may collect and how we may use this information. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. SmartBear encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site and/or continued provision of personally identifiable information to us will be subject to the terms of the then-current Privacy Policy.

Information Collection and Use

You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, we may invite you to participate in surveys, questionnaires or contests, contact us with questions or comments or request information, participate in chat or message boards, or complete a profile or registration form. Furthermore, we require you to complete a registration form to access certain restricted areas of the Site, to use certain services and when you download any software. Due to the nature of some of these activities, we may collect personally identifiable information such as your name, e-mail address, address, phone number, password, screen name, credit card information and other contact information that you voluntarily transmit with your on-line and in-person communications to us and personally identifiable information that you elect to include in your chat and message board postings.

If you use a forum on this Web Site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

We receive permission to post testimonials that include personally identifiable information prior to posting.

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

We use your personally identifiable information to register you to use our services or download software or other content, contact you to deliver certain goods, services or information that you have requested, provide you with notices regarding goods or services you have purchased, provide you with notices regarding goods or services that you may want to purchase in the future, verify your authority to enter our Site, receive updates and improve the content and general administration of the Site, our software and our services.

In addition, we may collect information about the performance, security, software configuration and availability of our software on your servers and network in an automated fashion as part of the SmartBear software licensing.  If you have opted-in to receiving software updates automatically from SmartBear, the software may report to us, and we may collect, your IP address, operating system type and version, web server type and version, php version, database type and version, version of the services, modifications to any of the Software or services, website user statistics such as the number of nodes, number of users and number of comments. The foregoing information will be linked to your personally identifiable information and user accounts and we may use the foregoing information to better provide technical support to you and our customers and to improve our software and services.

If you subscribe to one of SmartBear’s software as a service offerings you agree that SmartBear may aggregate data and information relating to your usage of the service, which we may use to better provide technical support to you and our customers and to improve our software and services.

If you choose to contact us by e-mail, we will not disclose your contact information contained in the e-mail, but we may use your contact information to send you a response to your message. Notwithstanding the foregoing, we may publicly disclose the content and/or subject matter of your message, therefore, you should not send us any ideas, suggestions or content that you consider proprietary or confidential. All e-mail content (except your contact information) will be treated on a non-proprietary and non-confidential basis and may be used by us for any purpose.

Communications from the Site

Special Offers and Updates

We will occasionally send you information on products, services, special deals, and promotions. Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice and Opt-out” section of this Privacy Policy.

Newsletters

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe from these types of communications. Please see the “Choice and Opt-out” section of this Privacy Policy.

Service-related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email notification.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Customer Service

Based upon the personally identifiable information you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

Choice and Opt-out

We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information.

If you no longer wish to receive our communications, you may opt-out of receiving them at any time by following the instructions included in each communication, by going go to our Unsubscribe page, or by mail at 100 Cummings Center, Suite 234N, Beverly, MA 01915, USA.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Employment Opportunities

We provide you with a means for submitting your resume or other personal information through the Site for consideration for employment opportunities at SmartBear. Personal information received through resume submissions will be kept confidential. We may contact you for additional information to supplement your resume, and we may use your personal information within SmartBear, or keep it on file for future use, as we make our hiring decisions.

Children's Privacy

SmartBear recognizes the privacy interests of children and we encourage parents and guardians to take active roles in their child’s online activities and interests. This Site is not intended for children under the age of 13. SmartBear does not target its software, services or this Site to children under 13. SmartBear does not knowingly collect personally identifiable information from children under the age of 13.

Cookies and GIFs

We use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user’s hard drive containing information about the user. Cookies generally do not permit us to personally identify you (except as provided below). We may also use clear GIFs (a.k.a. “Web beacons”) in HTML-based emails sent to our users to track which emails are opened by recipients.

Additionally, when using the Site, we and any of our third party service providers may use cookies and other tracking mechanisms to track your user activity on the Site and identify the organization or entity from which you are using the Site. If you register with the Site, we, and our third party service providers, will be able to associate all of your user activity with your personally identifiable registration information. We will use such user activity information to improve the Site, to provide context for our sales and support staff when interacting with you and customers, to initiate automated email marketing campaigns triggered by your activity on the Site and for other internal business analysis.

Aggregate Information

The Site may track information that will be maintained, used and disclosed in aggregate form only and which will not contain your personally identifiable information, for example, without limitation, the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, External Web Sites (defined below) linked to and IP addresses. We may analyze this data for trends and statistics in the aggregate, and we may use such aggregate information to administer the Site, track users’ movement, and gather broad demographic information for aggregate use.

Disclosure and Onward Transfer

We will not sell your personally identifiable information to any company or organization, except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which SmartBear participates or to a purchaser or acquirer of all or substantially all of SmartBear’s assets to which this Site relates. We may provide your personally identifiable information and the data generated by cookies and the aggregate information to parent, subsidiary or affiliate entities within SmartBear’s corporate family, partner entities that are not within SmartBear’s corporate family and vendors and service agencies that we may engage to assist us in providing our services to you. For example, we may provide your personally identifiable information to a credit card processing company to process your payment.

SmartBear will comply with the notice and choice principles as described above for all data which is disclosed or transferred to third party entities. SmartBear will obtain assurances from such entities that they will safeguard personally identifiable information consistent with this Privacy Policy. Such third party entities may be obligated to protect your personally identifiable information by requiring such party to enter into written confidentiality agreements with SmartBear or to have certified or agreed in writing to its adherence with the EU Safe Harbor Principles. We will disclose your personally identifiable information (a) if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an ongoing investigation of a governmental authority, (b) to enforce SmartBear Terms of Use agreement or to protect our rights or (c) to protect the safety of users of our Site and our services.

The Site may provide links to other Web sites or resources over which SmartBear does not have control (“External Web Sites”). Such links do not constitute an endorsement by SmartBear of those External Web Sites. You acknowledge that SmartBear is providing these links to you only as a convenience, and further agree that SmartBear is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

Security

We employ procedural and technological measures that are reasonably designed to help protect your personally identifiable information including sensitive data such as your credit card information from loss, unauthorized access, disclosure, alteration or destruction. SmartBear may use encryption, secure socket layer, firewall, password protection and other physical security measures to help prevent unauthorized access to your personally identifiable information including sensitive data. SmartBear may also place internal restrictions on who in the company may access data to help prevent unauthorized access to your personally identifiable information.

Updating and Deleting Personally Identifiable Information

SmartBear provides you with the ability to review and update the contact information that you provide to us and account information retained by SmartBear related to your previous purchase, download or payment activities. If you wish to review and/or update any of the foregoing information, you may access your account and review and update your personally identifiable information or you may contact us at the e-mail, phone or mailing address listed below.

SmartBear will also delete the personally identifiable information that you have provided to us: (a) upon your request or (b) upon termination of your SmartBear account; provided, however, SmartBear will retain a copy in its files of all personally identifiable information, if required for legal reasons.

If you wish to review, correct or request the deletion of any information you have provided to us, contact us by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by regular mail at 100 Cummings Center, Suite 234N, Beverly, MA 01915, Attention: Legal.  We also gives you the option for changing and modifying information previously provided by visiting www.smartbear.com, where you can log into your account to update your contact information.

Enforcement

Individuals who wish to file a complaint or who take issue with this Privacy Policy should direct such communication to SmartBear via e-mail at the address provided above. SmartBear will explain the process to be followed when filing a complaint. Filing a complaint in English will expedite the process. SmartBear will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personally identifiable information in accordance with the principles contained in this Privacy Policy. For complaints that cannot be resolved between SmartBear and the complainant, complaints will be submitted to the JAMS for mediation and then if necessary, to binding arbitration for final resolution. SmartBear and you agree that JAMS will administer any mediation or arbitration proceeding and each party agrees to adhere to JAMS rules and administration.  Information about JAMS can be found at its website: www.jamsadr.com.

SmartBear is also subject to the jurisdiction of the US Federal Trade Commission. You may contact it at: Federal Trade Commission, Attn: Consumer Response Center, 600 Pennsylvania Avenue NW, Washington, DC 20580.

Questions

If you have any questions about this Privacy Policy, the practices of this Web Site, or your dealings with this Web Site or SmartBear, you can contact us by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We will respond to your request within 30 days.

Users Outside of the United States of America

Many of our computer systems are currently based in the United States, so your personal data will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a user account with our Web Site as a visitor from outside the United States, by using the Site, you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Policy.

This Privacy Policy is effective as of: April 1, 2013