Privacy Policy

1.    IMPORTANT NOTICE

This is the Privacy Policy of Loftware, Inc., whose principal office is located at 249 Corporate Drive, Portsmouth, New Hampshire 03801, United States of America (“Loftware”). Loftware is part of a group which is made up of a number of legal entities, including: (i) Loftware; (ii) Loftware GmbH, which is located at Romerstrasse 39 78183, Hufingen, Germany; (iii) GAP Systems Limited, which is located at Barnsley Business and Innovation Centre, Innovation Way, Barnsley, South Yorkshire S75 1JL; and Loftware Asia Pacific Pte. Ltd., which is located at 171 Chin Swee Road #07-02 CES Centre, Singapore 169877 (collectively, “Group”). Where this Privacy Policy refers to Loftware”, “we”, “us” or “our”, it is referring to the relevant company within the Group. This Privacy Policy sets out how we collect and process your personal data. This Privacy Policy also provides certain information that is legally required and lists your rights in relation to your personal data.

This Privacy Policy relates to personal data that identifies “you”, meaning (a) customers or potential customers, (b) individuals who browse our website (including, but not limited to, individuals who (1) register on our website to attend seminars and other events offered through our website, (2) provide personal data on our website in connection with inquiries about our products and services, or (3) download product documentation or other resources via our website), (c) suppliers, or (d) individuals outside our organization with whom we interact. If you are an employee, contractor or otherwise engaged in work for us or applying to work for us, a separate privacy notice applies to you instead.

We refer to personal information throughout this Privacy Policy as “personal data” and Section 3 sets out further detail of what this includes.

Please read this Privacy Policy to understand how we may use your personal data.

This Privacy Policy is not intended for children and we do not knowingly collect personal data relating to children. If you are under 13, do not provide any personal data to us or otherwise provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please notify us at privacy@loftware.com.

Additionally, this Privacy Policy is not intended to apply to personal data collection during the recruitment of employees, for which there is a separate privacy notice.

This Privacy Policy may vary from time to time so please check it regularly. 

 

2.    HOW TO CONTACT US

For the purposes of relevant data protection legislation, we are a controller of your personal data and as a controller we use the personal data we hold about you in accordance with this Privacy Policy.

If you wish to correct your personal data held by us, please contact us at privacy@loftware.com.  You may also opt-out of receiving marketing communications from us or alter your marketing preferences by updating your email preferences in our email preference center at http://resources.loftware.com/Email.html, sending us an email to privacy@loftware.com, or by unsubscribing through the “unsubscribe” or “opt out” link in any marketing email.

If you need to contact us in connection with our use or processing of your personal data, or gain access to it,  you can email us at  privacy@loftware.com.

 

3.    TYPES OF PERSONAL DATA WE COLLECT

The types of personal data about you that we may collect, use, store, share and transfer are:

 

  • your name;

  • your business email address or other email address that you provide to us;

  • company you work for or have worked for;

  • your business position within the company;

  • your phone number;

  • information about your computer or your mobile device (e.g., your IP address and browser type);

  • information about how you use our website, products and services (e.g., which pages you have viewed, the amount of time you viewed them and what you clicked on); and

  • information based on your IP address (such as your geographical location).

We may also obtain personal information about you from certain publicly accessible sources, including (but not limited to) online customer databases, business directories, media publications, social media, websites and other publicly accessible sources.

We may also create personal data about you. For example, if you contact us by telephone to make a complaint about our services or products, then we may make a written record of key details of the conversation so that we can take steps to address the complaint.

We may also obtain and use certain aggregated data such as statistical or demographic data for any purpose (“Aggregated Data”). Aggregated Data may be derived from your personal data but does not directly or indirectly reveal your identity. For example, we may aggregate certain information technology-related data of yours with others’ data to calculate the percentage of users accessing a specific feature on our website. We may use Aggregated Data for any purpose without restriction.  However, if we re-combine or re-connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

 

4.    THE SOURCES FROM WHICH WE OBTAIN YOUR PERSONAL DATA

We obtain your personal data from the following sources:

Directly from you, either in person (at our locations or otherwise), via our website, by email, or by telephone or via handheld devices. This could include personal data which you provide when you:

(a)            place an order for our products or services;

(b)            request Loftware documentation from our website or our partners’ websites;

(c)            subscribe to our publications;

(d)            request information on our products or services or for other marketing to be sent to you;

(e)            enter into a competition or promotion;

(f)             complete a survey from us or give us feedback;

(g)            register to attend our seminars or events; or

(h)            download our product documentation or other resources available on our website or app.

We may automatically collect certain personal data about your equipment, browsing actions and patterns by using cookies, server logs and other similar technologies. Please see Section 15 for further details.

Third parties, such as:

(a)            analytics providers (such as Google Analytics, Hubspot, Insight Squared, Lead Forensics, Get Clicky and Marketo);

(b)            survey providers (such as Survey Monkey and TechValidate);

(c)            advertising networks (such as Google Adwords);

(d)            search information providers (such as Google);

(e)            providers of technical, payment and delivery services (such as Payflow);

(f)             data brokers or aggregators (such as Salesforce.com, Marketo, and Hubspot);

(g)            content providers (such as Media Shower and Brafton);

(h)            providers of social media platforms (such as FaceBook, Twitter and Linkedin) for example where you share our content through social media, for example by liking us on Facebook, or following or tweeting about us on Twitter;

(i)              Vimeo and Youtube; and

(j)              third-party syndication and media partners.

 

5.    HOW WE USE YOUR PERSONAL DATA & OUR BASIS FOR USING IT

a)  Where we are relying on a basis other than consent

 We may rely on one or more of the following legal bases when processing your personal data. We have set out below the purposes for which we may process your personal data:

  

Purposes for which we process your personal data

The basis on which we can do this (this is what the law allows)

To register you or your company as a new customer and process your order.

The processing is necessary:

  • To perform a contract with you; and
  • Our legitimate interest in the provision of products and services to our guests.

In order to perform our contractual obligations to you. This would include:

  • Processing, providing and performing any products, services or other orders placed by you;
  • orders placed by us where you are a supplier;
  • making or receiving payments, fees and charges; and
  • collecting and recovering money owed.

The processing is necessary:

  • To perform any contract entered into with you; and
  • Our legitimate interest in recovering debts owed to us.

In order to manage our relationship with you, including:

  • to send you important notices such as communications about changes to our terms and conditions and policies (including this Privacy Policy);
  • to provide you with important real-time information about products or services you have ordered from us (e.g., a change of time or location due to unforeseen circumstances);
  • to send you information you have requested;
  • to deal with your inquiries; and
  • to ask you to provide a review or feedback on us.

The processing is necessary for our legitimate interest to promote our business.

In order to make suggestions and recommendations to you about products or services that may be of interest to you, deliver relevant website content and advertisements to you and to measure or understand the effectiveness of our advertising.

The processing is necessary for our legitimate interests to study how guests use our products/services, to develop our products and services and ensure our marketing is relevant to you, to grow our business and to inform our marketing strategy.

For internal purposes to use data analytics, to identify usage trends, determine and measure the effectiveness of promotional campaigns and advertising and to improve our website, products/services, marketing, customer relationships and experiences.

 

The processing is necessary for our legitimate interests in defining types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy.

To communicate with you about, and administer your participation in, seminars and other special events, programs, and promotions.

The processing is necessary:

  • For performance of a contract with you; and
  • Necessary for our legitimate interests to promote our business.

To sell, make ready for sale or dispose of our business in whole or in part including to any potential buyer or their advisers.

The processing is necessary for our legitimate interests in the sale or disposal of our business or assets.

In order to enforce or apply our terms of use, terms and conditions of supply and other agreements with third parties.

The processing is necessary for our legitimate interests in protecting our business and property and recovering debts owed to us.


b)  Where we may rely on consent

 We may use your personal data for a variety of different purposes. For certain of these purposes it is appropriate for us to obtain your prior consent. These purposes include:

  • where we would like to use photos or images taken of you in promotional materials; 
  • where we or our carefully selected third parties have new products and services which we think you will be interested in; or
  • where an opportunity arises to work for or with us.

The legal basis of consent is only used by us in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way.

You may at any time withdraw the specific consent you give to our processing your personal data by sending us an email to privacy@loftware.com.      

Please note even if you withdraw consent for us to use your personal data for a particular purpose we may continue to rely on other bases to process your personal data for other purposes.

 

6.    WHO RECEIVES YOUR PERSONAL DATA

We may disclose your personal data to:

  • our Group companies and affiliates or third-party data processors (including, but not limited to, payment processors, web hosting providers, our suppliers and independent contractors, marketing and advertising platforms, and data analytics platforms) who may process data on our behalf to enable us to carry out our usual business practices. Any such disclosure will only be so that we can process your personal data for the purposes set out in this Privacy Policy;
  • Legal, regulatory or other governmental authorities, including those who request your personal data or to report any potential or actual breach of applicable law or regulation;
  • law enforcement agencies, courts or other relevant parties, to the extent necessary for the establishment, exercise or defense of legal rights;
  • third parties where necessary for the purposes of prevention, investigation, detection or prosecution of criminal offenses or the execution of criminal penalties;
  • third parties which are considering or have decided to acquire some or all of our assets or shares, merge with us or to whom we may transfer our business (including in the event of a reorganization, dissolution or liquidation); and
  • third parties operating plugins or content (such as Vimeo, Facebook, Twitter, and Instagram) on our website which you choose to interact with.

 

7.    PERSONAL DATA ABOUT OTHER PEOPLE WHICH YOU PROVIDE TO US

If you provide personal data to us about someone else (such as one of your directors, officers or employees, or someone with whom you have business dealings) you must ensure that you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this Privacy Policy.

You must ensure the individual concerned is aware of the various matters detailed in this Privacy Policy, as those matters relate to that individual, including our identity, how to contact us, the way in which we collect and use personal data and our personal data disclosure practices, that individual's right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided.

 

8.    ACCURACY OF YOUR PERSONAL INFORMATION

It is important that the personal data we hold about you is accurate and current and we take all reasonable precautions to ensure that this is the case but we do not undertake to check or verify the accuracy of personal data provided by you. Please keep us informed if your personal data changes during your relationship with us either by logging onto your account on the website or by contacting us. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

 

9.    INTERNATIONAL TRANSFERS OF PERSONAL DATA

It is possible that personal data we collect from you may be transferred, stored and/or processed outside the country or area in which it was collected (e.g., transferred from the European Economic Area to the United States, and stored and processed in the United States).

In connection with such transfers:

  • the relevant safeguard in place is the standard data protection contractual clauses between us and the recipient and a copy can be obtained by emailing us at privacy@loftware.com; or
  • this is made on the basis of an adequacy decision, namely the Privacy Shield for transfers to the United States.

 

10.    HOW LONG WE WILL STORE YOUR PERSONAL DATA

Loftware will store your personal data taking into account the following:

  • the purpose(s) for which we are processing your personal data, such as whether it is necessary to continue to store that data in order to continue to perform our obligations under a contract with you or for our legitimate interests;

  • whether we have any legal obligation to continue to process your data, such as any record-keeping, accounting or tax obligations imposed by applicable law; and

  • whether we have any legal basis to continue to process your personal data, such as your consent.

For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact us at privacy@loftware.com.

 

11.    YOUR CONTRACTUAL OR STATUTORY REQUIREMENTS TO PROVIDE PERSONAL DATA

In certain circumstances the provision of personal data by you is a requirement to comply with the law or a contract, or necessary to enter into a contract.

It is your choice as to whether you provide us with your personal data necessary to enter into a contract or as part of a contractual requirement. If you do not provide your personal data then the consequences of failing to provide your personal data are that we may not be able to perform to the level you expect under our contract with you. An example of this would be where we are unable to provide you with certain products or services as we do not have your full details, or where we cannot perform our contract with you at all because we rely on the personal data you provide in order to do so.

 

12.    AUTOMATED DECISION MAKING

We use automated decision making in our processing of your personal data. We use the following logic in our marketing automation platforms to profile your website activity, certain aspects of your company as well as certain personal data in our databases. This includes (but is not limited to) the application of profiling data to your personal profile. Personal data used to profile you will include your job title, seniority, and web page visits and other details about your employer. We use such automated decision making to determine whether we believe a particular marketing campaign or program is applicable to you.

 

13.    YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

Subject to applicable law including relevant data protection laws, in addition to your ability to withdraw any consent you have given to our processing your personal data (see Section 5b)), you may have a number of rights in connection with the processing of your personal data, including:

  • the right to request access to your personal data that we process or control;
  • the right to request rectification of any inaccuracies in your personal data or, taking into account the purposes of our processing, to request that incomplete data is completed;
  • the right to request, on legitimate grounds as specified in law:
    • (a) erasure of your personal data that we process or control; or
    • (b)  restriction of processing of your personal data that we process or control;
  • the right to object, on legitimate grounds as specified in law, to the processing of your personal data;
  • the right to receive your personal data in a structured, commonly used and machine-readable format and to have your personal data transferred to another controller, to the extent applicable in law; and
  • the right to lodge complaints regarding the processing of your personal data with the Information Commissioner’s Office or other relevant supervisory body. For contacts out of the EU, please visit https://ico.org.uk/concerns/ for more information.

If you would like to exercise any of the rights set out above, please contact us using the contact details set out in Section 2.

 

14.    LINKS TO OTHER SITES

This policy only applies to us. If you link to another website from our website, you should remember to read and understand that website’s privacy policy as well. We do not control third-party websites and are not responsible for any use of your personal data that is made by third-party websites.

 

15.    COOKIES

We use cookies and similar technologies on or via our website. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are called “session cookies”. They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit our website. For further information on how we use cookies and similar technologies, including the information we collect through our use of cookies and similar technologies, please see our cookies policy, which is available via the following links:

 

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of our website. For further information about cookies, including how to change your browser settings, please visit www.allaboutcookies.org.