SERVICES DATA PRIVACY POLICY
This policy describes the privacy and security practices that DKD Software LLC ("Provider") employs when handling Service Information (as defined below) for the provision of Technical Support, Consulting, Cloud, On-Premises or other services (the "Services") provided to Provider customers ("You" or "Your") during the term of your contract for Services.
Service Information is information that is provided by You, resides on Provider, customer or third-party systems and environments, and is processed by Provider on Your behalf in order to perform the Services. Service Information may include information concerning family, lifestyle and social circumstances; employment details; financial details; online identifiers such as mobile device IDs and IP addresses, and first party online behavior and interest data. Service Information may relate to Your representatives and end users, such as Your employees, job applicants, contractors, collaborators, partners, suppliers, customers and clients. Service Information may include personally identifiable information which may include, but is not limited to email addresses, first names, last names, phone numbers, addresses, states, provinces, zip/postal codes, cities and countries.
Performance of the Services
Provider may process Service Information for the processing activities necessary to perform the Services, including for testing and applying new product or system versions, patches, updates and upgrades, and resolving bugs and other issues You have reported to Provider.
Rights of individuals
You control access to Your Service Information by Your end users, and Your end users should direct any requests related to their Service Information to You. To the extent such access is not available to You, Provider will provide reasonable assistance with requests from individuals to access, delete or erase, restrict, rectify, receive and transmit, block access to or objects to processing of Service Information on Provider systems.
Incident Management and data breach notification
Provider promptly evaluates and responds to incidents that create suspicion of or indicate unauthorized access to or handling of Service Information.
If Provider becomes aware and determines that an incident involving Service Information qualifies as a breach of security leading to the misappropriation or accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Service Information transmitted, stored or otherwise processed on Provider systems that compromises the security, confidentiality or integrity of such Service Information, Provider will report such breach to You without undue delay.
As information regarding the breach is collected or otherwise reasonably becomes available to Provider and to the extent permitted by law, Provider will provide You with additional relevant information concerning the breach reasonably known or available to Provider.
Cross-border data transfers
Provider operates in the United States of America and Service Information may be processed within the United States of America as necessary in accordance with this policy. This includes Provider transferring data to the United States of America for the purposes of data backup.
Sharing of Service Information
Service Information may be shared throughout Provider's organization.
Provider may also share Service Information with the following third parties:
third-party service providers (for example IT service providers, lawyers and auditors) in order for those service providers to perform business functions on behalf of Provider;
relevant third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business assets (including in connection with any bankruptcy or similar proceedings);
as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes.
When third parties are given access to Service Information we will take the appropriate contractual, technical and organizational measures to ensure, for example, that personal information is only processed to the extent that such processing is necessary, consistent with this Privacy Policy and in accordance with applicable law.
Use of Service Information
Provider may use Service Information for the following purposes:
to help keep our Services secure, including for security monitoring and identity management;
to investigate and prevent potential fraud or illegal activities involving our systems and networks, including to prevent cyber-attacks and to detect bots;
to administer our backup disaster recovery plans and policies;
to confirm compliance with licensing and other terms of use (license compliance monitoring);
for research and development purposes, including to analyze, develop, improve and optimize our Services;
to comply with applicable laws and regulations and to operate our business, including to comply with legally mandated reporting, disclosure or other legal process requests, for mergers and acquisitions, finance and accounting, archiving and insurance purposes, legal and business consulting and in the context of dispute resolution.
Legal requirements
Provider may be required to provide access to Service Information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect Your or a User’s safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside Your or a User’s country of residence, for national security and/or law enforcement purposes.
Provider will promptly inform You of requests to provide access to Service Information, unless otherwise required by law.
Dispute resolution or filing a complaint
If You or a User have any complaints regarding our compliance with our privacy and security practices, please contact us first. We will investigate and attempt to resolve any complaints and disputes regarding our privacy practices.
Complaints or inquiries may be emailed to:
support@dkdsoftware.com
Changes to this Privacy Policy
This Privacy Policy was last updated on January 26, 2022. However, the Privacy Policy can change over time, for example to comply with legal requirements or to meet changing business needs. The most up-to-date version can be found on this website. In cases of material changes, we will also inform you in another appropriate way (for example via a pop-up notice or statement of changes on our website) prior to the changes becoming effective.