PRIVACY STATEMENT

Xceed Software Inc.

Revised May 21, 2018

 

Introduction

 

Privacy is important, and Xceed Software Inc. (Xceed) is committed to transparency, protection of your

data and keeping up to date with the best practices of the industry to maintain the integrity of our data

infrastructure. We hope the following information will help you make an informed decision about how

you visit this website and whether or not to share personal information with us.

 

Xceed is committed to sound data management practices and believes in transparency. Our revised

 

Privacy Statement explains:

 

  • What Personal Data we collect and why we collect it

 

  • How we use Personal Data

 

  • Who we share Personal Data with

 

  • The choices and rights you have including how to access, update, and remove Personal Data

 

Please read this Privacy Statement carefully. By using or accessing our products and services you,

acknowledge that you have read, understood, and agree to be bound to all the terms and conditions of

this Privacy Statement, and the “Terms of Use” or other customer agreement between you and Xceed

that is applicable to the particular Product or Service you are using or accessing (collectively, “User Agreements”).

 

If you do not agree to this Privacy Statement and the applicable User Agreement, please exit, and do not

access or use, the Service.

 

 

 

Your Information

 

Information We Collect

 

(a) Information you voluntarily provide to us: When you sign up for, download or purchase and use

Xceed software, consult with our customer service team, send us an email, post on our blog,

download free trial software, or communicate with us in any way, you are voluntarily giving us

information that we collect. That information may include either your or your name, physical

address, email address, IP address, phone number, credit card information, as well as details

including gender, occupation, location, purchase history, and other demographic information.

By giving us this information, you consent to this information being collected, used, disclosed,

transferred to Canada and stored by us.

 

(b) Information we collect automatically: When you use our products or browse one of our

Websites, we may collect information about your visit to our Websites, your usage of the

Services, and your web browsing. That information may include your IP address, your operating

system, your browser ID, your browsing activity, and other information about how you

interacted with our Websites or other websites. We may collect this information as a part of log

files as well as through the use of cookies or other tracking technologies. Our use of cookies and

other tracking technologies is discussed more below, and in more detail in our Cookie policy.

 

(c) Cookies and tracking: We and our service providers may use various technologies to collect and

store information when you use our web site and our services, and this may include using

cookies and similar tracking technologies on our Website, such as pixels and web beacons, to

 

 

analyze trends, administer the website, track users’ movements around the website, serve

targeted advertisements, and gather demographic information about our user base as a whole.

Users can control the use of cookies at the individual browser level. We use service providers

that partner with third parties to display advertising on our website or to manage and serve our

advertising on other sites. Our third-party partners may use cookies or similar tracking

technologies in order to provide you advertising or other content based upon your browsing

activities and interests. If you wish to opt out of interest-based advertising, click

http://preferences-mgr.truste.com/ (or if located in the European Union click

http://www.youronlinechoices.eu/). Please note that restricting cookie access does not mean

you will stop receiving ads, but it does mean that these ads would be generic ads (i.e.: not based

on your browsing history)

 

 

Lawful Basis for Processing Personal Data & Use of Personal Information

 

Xceed is an incorporated enterprise located in Canada. In addition to respecting local data protection

laws and guidelines, Xceed has taken considerable steps to make itself compliant with the new GDPR in

respect to EU persons.

 

 

(i) In processing your Personal Data in connection with the purposes described in this Policy, we rely on

the legal basis defined in the GDPR of: CONTRACT, the processing is NECESSARY FOR THE

PERFORMANCE OF A CONTRACT to which the data subject is a party or to take steps at the request

of the data subject prior to entering into a contract; in the following situations:

 

(a) To provide price quotes to you, bill and collect money owed to us. This includes sending you

emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit

card number. We use third parties for secure credit card transaction processing, and we send

billing information to those third parties to process your orders and credit card payments.

Whenever possible, credit card information (or information for other payment types) is

collected by a trusted payment processor partner, and not collected by Xceed’s website, nor

stored on or seen collected by Xceed’s servers. At the time of the May 21, 2018 revision of this

Privacy Statement, credit card information is collected and handled by a well-known payment

processor that is audited by a PCI-certified auditor and is certified to PCI Service Provider Level

  1. This is the most stringent level of certification available.

 

(b) To send you System Alert messages. For example, we may inform you of temporary or

permanent changes to our products and services, such as planned outages, new features,

version updates, releases, abuse warnings, and changes to our Privacy Statement.

 

(c) To communicate with our users about their account and provide customer support. For

example, we may contact you in anticipation of your license expiration to avoid service outage.

You may contact Xceed to answer questions specific to your account, the Service you are using

or enquiring about other services or products Xceed offers.

(d) To improve our services, audit and analyze data to improve Xceed Technologies or Services.

 

(ii) In processing your Personal Data in connection with the purposes described in this Policy, we rely on

the legal basis defined in the GDPR of: CONSENT, in the following situations:

 

 

 

(a) To send you informational and promotional content in accordance with your marketing

preferences which may be updated at any time. You can also stop receiving our promotional

emails by following the unsubscribe instructions included in every email.

 

 

 

 

(iii) We may use and disclose Personal Information only for the following purposes:

 

(a) To promote use of our services to you and others. For example, if we collect your Personal

Information when you visit our Website and do not purchase any of our products, we may send

you an email inviting you to try our products. If you use any of our products or services and we

think you might benefit from using another service we offer, we may send you an email about

that. You can stop receiving our promotional emails by following the unsubscribe instructions

included in every email we send. In addition, we may use information we collect in order to

advertise our products and services to you or suggest additional features of our services that

you might consider using. In addition, we may use your Personal Information to advertise our

products and services to potential or other users like you. For more information on how we use

cookies or other tracking technologies for these purposes, as well as how to opt out of the use

of cookies, please see our Cookie Policy.

 

(b) To provide suggestions to you. This includes using data to suggest products or services that

you may be interested in or that may be relevant to you or your company. For more information

about our use of cookies and other tracking technologies for this purpose, and instructions

about how to opt out of having data collected through the use of cookies, please see our Cookie

Policy.

 

 

 

Data Collected for and by our Partners (such as resellers)

 

As resellers offer our products to end users, we have no direct relationship with end user prior to

Reseller’s contractual agreement with end user, and for that reason, Resellers are responsible for

making sure they have the appropriate permission for us to process information about those individuals.

Consistent with the uses of Personal Information, we may transfer Personal Information of you or your

end client to companies that help us promote, provide, or support our Services. Xceed does business

with very few third-party providers and has taken diligent steps to validate these providers have also

taken the necessary steps to respect the measures governed in the GDPR.

If you are a subscriber and no longer want to be contacted by one of our Newsletter campaigns, please

unsubscribe directly from the newsletter or contact us by email to update or delete your data at

xceedteam@xceed.com. If you contact us, we will if instructed to do so by yourself, request to remove

or update your information at our third-party service providers within a reasonable delay.

 

 

We will retain Personal Information we process on behalf of our Resellers for as long as needed to

provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and

enforce our agreements.

 

 

Third Parties

 

We may disclose Personal Information to the following types of third parties for the purposes described

in this policy:

 

(a) Service Providers. Sometimes, we share your information with our third-party Service Providers, who

help us provide and support our Services. Just like with the other third parties we work with; these third-

party Service Providers enter into a contract that requires them to use your Personal Information only

for the provision of services to us and in a manner that is consistent with this policy. Examples of Service

Providers include payment processors, hosting services and content delivery services.

 

(b) Advertising partners. We may partner with third party advertising networks and exchanges to display

advertising on our Websites or to manage and serve our advertising on other sites and may share

Personal Information with them for this purpose. All third parties with which we share this information

are required to use your Personal Information in a manner that is consistent with this policy. We and our

third-party partners may use cookies and other tracking technologies, such as pixels and web beacons,

to gather information about your activities on our Websites and other sites in order to provide you with

targeted advertising based on your browsing activities and interests. For more information about

cookies and other tracking technologies, please see our Cookie Policy.

 

Frequency of verification of third party processors and sub processors

 

Xceed believes that data protection will continue to evolve. Xceed will make sure to review its list of

third-party processors and their documented methods of processing and protecting data on a regular

basis (at least once every 2 years). To the extent where it reasonably possible, Xceed will also validate

the agreements and arrangements that the mentioned third-party processors have with their sub-

processors, or, at the very least, validate that such agreements are in place between the processor and

the sub-processor.

 

 

 

SECURITY

 

Notice of Breach of Security

 

If a security breach causes an unauthorized intrusion into our system that materially affects a user, then

Xceed will notify you as soon as possible and later report the action we took in response.

 

Safeguarding Your Information

 

Xceed uses reasonable and appropriate security measures to protect against unauthorized access,

alteration or destruction of data. This includes using 128-bit SSL when dealing with private data,

periodically verifying that the web site stores passwords in the form of one-way hash codes and keeping

servers in locked server rooms after-hours.

Xceed provides access to stored personal information only to employees or contractors that require it in

order to operate, support or develop our products or services.

 

 

COMPLIANCE

 

We Operate in Canada.

Our servers and offices are in Canada, so your information may be transferred to, stored, or processed

in Canada. By using our Websites, you understand and consent to the collection, storage, processing,

and transfer of your information to our facilities in Canada and those third parties with whom we share

it as described in this policy. At the time that the GDPR became applicable, Canada was one of the third

countries which are counted as secure countries for transfer of data.

 

 

Accuracy and Retention of Data

 

We do our best to keep your data accurate and up to date, to the extent that you provide us with the

information we need to do so. If your data changes (for example, if you have a new email address), then

you are responsible for notifying us of those changes. Upon request, we will provide you with

information about whether we hold, or process on behalf of a third party, any of your Personal

Information. We will retain your information for as long as your account is active or as long as needed to

provide you with our Services. We may also retain and use your information in order to comply with our

legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.

 

 

Access & right of erasure

 

We will give an individual, either you or a Subscriber, access to any Personal Information we hold about

them within 30 days of any request for that information. Individuals may request to access, correct,

amend or delete information we hold about them by contacting us. Unless it is prohibited by law, we

will remove any Personal Information about an individual, either you or an end user to a reseller, from

our servers at your or their request. There is no charge for an individual to access or update their

Personal Information.

 

 

COOKIE POLICY

 

 

What are cookies?

 

Cookies are small data files that are placed on your computer or mobile device when you visit a website.

Cookies are widely used by online service providers in order to (for example) make their websites or

services work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner or service provider are called “first party cookies”. Cookies set by

parties other than the website owner are called “third party cookies”. Third party cookies enable third

party features or functionality to be provided on or through the website or service you are using (such

as advertising, interactive content and analytics). The third parties that set these third-party cookies can

recognise your computer both when it visits the website or service in question and also when it visits

certain other websites or services.

 

 

Why do we use cookies and other tracking technologies?

 

We use first party and third-party cookies for several reasons. Some cookies are required for technical

reasons in order for our Websites and Services to operate, and we refer to these as “essential” or

“strictly necessary” cookies. Other cookies enable us and the third parties we work with to track and

target the interests of visitors to our Websites, and we refer to these as “performance” or

“functionality” cookies. For example, we use cookies to tailor content and information that we may send

or display to you and otherwise personalize your experience while interacting with our Websites and to

otherwise improve the functionality of the Services we provide.

 

 

Essential Website Cookies

 

These cookies are strictly necessary to provide you with services available through our websites and to

use some of its features, such as access to secure areas. Because these cookies are strictly necessary to

deliver the websites, you cannot refuse them without impacting how our websites function. You can

block or delete them by changing your browser settings, as described under the heading “How can I

control cookies?” in the Cookie Statement.

 

 

Other tracking technologies

 

We and our third-party partners may use other, similar technologies from time to time, like web

beacons, pixels (or “clear gifs”) and other tracking technologies. These are tiny graphics files that contain

a unique identifier that enable us to recognise when someone has visited our Websites or, in the case of

web beacons, opened an e-mail that we have sent them. This allows us, for example, to monitor the

traffic patterns of users from one page within our Websites to another, to deliver or communicate with

cookies, to understand whether you have come to our Websites from an online advertisement displayed

on a third-party website, to serve targeted advertisements to you and others like you, to improve site

performance, and to measure the success of marketing campaigns. While you may not have the ability

to specifically reject or disable these tracking technologies, in many instances, these technologies are

reliant on cookies to function properly; accordingly, in those instances, declining cookies will impair

functioning of these technologies.

 

 

 

 

Targeted online advertising

 

We have engaged one or more third party service providers to track and analyse both individualized

usage and volume statistical information from interactions with our Websites. We also partner with one

or more third parties (such as advertisers and ad networks) to display advertising on our Websites

and/or to manage and serve advertising on other sites.

These third parties use cookies, web beacons, pixel tags and similar tracking technologies to collect and

use certain information about your online activities, either on our Websites and/or other sites or mobile

apps, to infer your interests and deliver you targeted advertisements that are more tailored to you

based on your browsing activities and inferred interests (“Interest Based Advertising”). For more

information about this practice, click here: http://www.aboutads.info/choices/.

Our third-party service providers may also use cookies or web beacons to collect information about your

visits to our Websites and/or other sites to measure and track the effectiveness of advertisements and

our online marketing activities (for example, by collecting data on how many times you click on one of

our ads). The information collected by these third parties does not include personal information that

enables you to be specifically identified (e.g. by reference to your name or email address).

 

 

 

Cookies served through third party services

 

User email campaigns

 

Third-party email services like MailChimp automatically place single pixel gifs, also known as web

beacons, in every email sent by our Mailchimp for our newsletter content. These are tiny graphic files

that contain unique identifiers that enable us and our users to recognize when their subscribers have

opened an email or clicked certain links. These technologies record each subscribers email address, IP

address, date, and time associated with each open and click for a campaign. We use this data to create

reports for our marketing team to learn about how an email campaign performed and what actions

subscribers took.

 

MailChimp integration

 

Certain MailChimp add-ons or features, the use of those may permit or require additional cookies or

tracking technologies to be employed. Since Xceed site has MailChimp integration for optimal use,

MailChimp installs a JavaScript tracking snippet (“Snippet”) on our site. This Snippet will allow cookies,

pixels, and other technologies to be set on our Site to facilitate the use of certain automations, features

and functionality offered by MailChimp through the MailChimp Services. The specific cookies, pixels, or

other technologies that will be set on the Site depends on the particular add-ons or features that the we

choose to use as part of the Services offered through MailChimp. Subscribers should therefore review

the privacy notice and cookie disclosures for further information about the specific types of cookies and

other tracking technologies used on the Site. These optional add-ons and features include:

Google remarketing ads: Our Google remarketing ads feature (also known as web retargeting

ads) allows our marketing team to create and manage advertisements on the Google Display Network. If

we choose to use this feature, MailChimp installs a Google tracking pixel on our Site through the

Snippet. The Snippet also allows our Site to set a MailChimp cookie that will recognize Site visitors via

ads placed with the Google remarketing ads feature. These technologies facilitate the placement of

advertising campaigns on the Google Display Network and enable MailChimp to provide reporting to our

users about the performance of these advertising campaigns. To refuse these cookies, please follow the

instructions below under the heading “How can I control cookies?” Alternatively, please click on the

relevant opt-out link here: https://www.google.com/settings/ads/plugin

 

Product retargeting emails: MailChimp product retargeting emails feature allows Xceed to

promote new items or best sellers to our subscribers. When a subscriber clicks a link within a product

retargeting email, our Site drops a MailChimp cookie on that subscriber’s device that is placed through

the Snippet. This cookie allows MailChimp to track attribution rates and browser activity and provide

reporting to our marketing team regarding the success of our product retargeting emails.

 

 

Controlling your Cookies

 

Browser Controls: You can set or amend your web browser controls to accept or refuse cookies.

If you choose to reject cookies, you may still use our Websites though your access to some functionality

and areas of our Websites may be restricted. As the means by which you can refuse cookies through

your web browser controls vary from browser-to-browser, you should visit your browser’s help menu

for more information.

Disabling Most Interest Based Advertising: Most advertising networks offer you a way to opt out

of Interest Based Advertising. If you would like to find out more information, please visit

http://www.aboutads.info/choices/ or http://www.youronlinechoices.com

 

 

 

Mobile Advertising: You can opt out of having your mobile advertising identifiers used for

certain types of Interest Based Advertising, including those performed by us, by accessing the settings in

your Apple or Android mobile device and following the most recent published instructions. If you opt

out, we will remove all data about you and no further data collection or tracking will occur. The random

ID we (or our third-party partners) had previously assigned to you will also be removed. This means that

if at a later stage, you decide to opt-in, we will not be able to continue and track you using the same ID

as before, and you will for all practical purposes be a new user to our system.