Updated: 2018-04-01 (YYYY-MM-DD).

DOCKTERA (referred to as “We”, “Us” or “Our”) is concerned about the privacy of information provided to Us and to third parties with whom We do business. Because everyone’s definition of privacy is different, it is important that You review this policy to learn what We consider to be private information, and each of Our rights and responsibilities towards this information. This privacy policy is part of Your agreement with Us, or, if You do not have an agreement, it governs information You provide to Us. Terms that are not defined in this policy are defined in Your agreement with Us.

It is important that You review this policy from time to time, particularly if Your business changes, or if You begin to send Us new types of information. It is Our goal to limit the number of changes We make to this policy. If We do make a change, We will notify You. Other than in an emergency, We will give You thirty (30) days prior notice of any change, and the new policy will be effective on the thirty-first (31st) day of Our notice. If such a change materially interferes with Your ability to use the Services in the manner You used them prior to the change, and such a use was not previously prohibited by law or Our policies, You may terminate the Services You purchase from Us with no termination charge.

It is important for You to know that all information We collect may be provided to law enforcement officials, government entities or pursuant to civil litigation demands. We will notify You of such a request except in the following circumstances: We are required not to by law, or We receive a request from a law enforcement agency not to do so. Because laws and regulations differ, We do not guarantee that information We provide to law enforcement, regulatory and government entities will be kept confidential.

What information does DOCKTERA collect?
There are three types of information that We collect:

1. Information that is required by Us to provide Services to You;
2. Information that is automatically collected by Us;
3. Information You voluntarily provide to Us.

We collect the following personal information (“Personal Data”) from You:

• Contact information. This is information You are required to provide to Us to enable Us to contact You. Examples of contact information may include name, email address, mailing address and telephone number. Contact information may identify You personally.
• Billing information. This is information You are required to provide to Us to enable Us to be paid for the Services, or for a third party to provide services through Us to You. Examples of billing information may include credit card number, bank information, billing address, billing contact name, telephone numbers and email address. Billing information may identify You personally.
• Password information. This is information that allows You to access the Services, technical support and any third party services provided through Us. Examples of password information may include user id, account number and password. Password information does not identify You personally, but when associated with other information, it may.
• Technical information. This is information that allows Us to configure the Services so that they are more easily provided to You. Examples of technical information may include Your IP address, browser type, referring/exit pages, operating system, and affiliate id. Technical information does not identify You personally, but when associated with other information, it may.
• Voluntary information. This is information You choose to provide to Us and that is not necessary for the operation of the Services. Examples of voluntary information include submissions to Our knowledge base, Your endorsements of Us and Your connections to Us in social networks. It is Your decision whether You include information that identifies You personally when You provide voluntary information to Us.

How does DOCKTERA use the information it collects?
We will use contact information as follows:

• To provide the Services to You;
• To contact You about the Services;
• To contact You about Our business and new products and services We offer;
• To allow third parties to provide their services through Us to You;
• To law enforcement, regulatory and government entities to whom We believe We are required to provide it by law.

We do not make this information public except as provided above. However, it is possible that this information may become public. For example, contact information may be provided to a domain name registrar who publishes that information in a whois register.

We will use billing information as follows:

• To provide the Services to You;
• To bill You, or have third party services bill You, for the Services;
• To allow third parties to provide their services through Us to You;
• To law enforcement, regulatory and government entities to whom We believe We are required to provide it by law.

We require third parties to whom We provide billing information to keep this information confidential, but cannot be responsible if they breach Our agreement.

We will use password information as follows:

• To provide the Services to You;
• To allow third parties to provide their services through Us to You;
• To law enforcement, regulatory and government entities to whom We believe We are required to provide it by law.

We require third parties to whom We provide password information to keep this information confidential, but cannot be responsible if they breach Our agreement.

We will use technical information as follows:

• To provide the Services to You;
• To allow third parties to provide their services through Us to You;
• To troubleshoot the Services, and allow third parties to assist Us in doing so;
• To law enforcement, regulatory and government entities to whom We believe We are required to provide it by law.

We require third parties to whom We provide technical information to keep this information confidential, but cannot be responsible if they breach Our agreement.

We will use voluntary information as follows:

• To enhance Our Services;
• To help third parties use Our Services;
• In Our advertising.

You may voluntarily connect with Us on many different social networking platforms. Their privacy policies, not this privacy policy, govern Our use of that information. We may use social networking information to the fullest extent permitted by the privacy policies of the provider.

Will DOCKTERA sell information?
Contact information, billing information, password information and technical information will only be sold in conjunction with the sale of all or a portion of Our business.

(Electronic) communication
You have the right to ask Us to be excluded from Our (electronic) communication such as newsletters and invites. (Electronic) communication with a marketing purpose may be sent to You by Us. The products and services that are being marketed through (electronic) communication are directly associated with Our business to offer new or improved products and services We provide.

In case of third party (electronic) communication, You have the right to ask Us not to process Your information for external marketing purposes. We will inform You (at the moment of collecting Your information) if We intend to use Your information for such purposes or if We intend to disclose Your information to any third party for such purposes. Therefore, We will not be able to process Your information for marketing purposes unless We expressly obtain Your consent for it. Third party information may be shown in Our (electronic) communication when a purpose or a connection to Our business is relevant.

Can I opt out?
You may at any time opt out of receiving information about Our business, products, and services We offer. Simply uncheck the mailing list option under the contact information section in Your customer portal. Once You provide voluntary information to Us, You may not opt out of its use.

If You are a current customer that uses the Services provided by Us, You can not opt out from critical (electronic) communication that may inform You of performance changes or other associated and relevant information.

Non-billed customers, visitors, and contacts that are stored in Our (customer) relationship management systems have the right to ask to be removed at any time as well as receive their information stored on Our (customer) relationship management systems. The non-billed customers, visitors, and contacts are opted in through affiliation, contact with Us, or former users of Our Services with consent from both parties in all cases.

How do I modify information DOCKTERA collects?
To change any of the information set out in this policy, other than voluntary information, You need to log into Your customer portal and modify it. For information We control, these changes will be immediate. However, it may take some time for third parties to change Your information. This is particularly true of certain types of contact information and technical information. For example, if You change Your contact information, it may take several days for a domain name registrar to make those changes. You should never assume that any changes to that type of information will be immediate. Once You provide voluntary information to Us, You may not change it.

Information tracking
Our website uses information tracking techniques. These techniques may be cookies, single-pixel gifs (web beacons) or other technology that provides Us with information about Your activities on Our website and the internet in general. Information tracking techniques do things like keep track of Your preferences and profile information so that You do not have to enter that information each time You visit Our website (“Preferences”), or to modify Our website so that it presents information to You that We believe You will find helpful. Information tracking techniques may also collect usage and volume statistical information. Other than Preferences, no personally identifiable information is collected by Us. We do not provide the Preferences to third parties.

If You do not want Your Preferences stored on Your computer, You can deselect this option when You are asked for this information. If You wish to change the Preferences after You chose to have them stored, You may log into Your customer portal and change them. For information collected other than the Preferences, it is Your obligation to configure Your browser so that this information is not collected and to revoke Your cookie consent.

How does DOCKTERA secure information?
When You provide Us with information covered by this policy it is protected by encrypted SSL. The information is stored on secured servers configured to allow only authorized access. This information is encrypted when required by the laws that generally apply to Our industry or as required by Our vendors.

No information transmitted on the internet, nor stored on servers, is 100% secure. The methods set out above are industry standard security measures. Nevertheless, dishonest people exist, software and hardware can malfunction and people make mistakes. As a result, We cannot guarantee that any information covered by this policy will be absolutely secure.

EU General Data Protection Regulation (GDPR) compliance terms

1. Terms of Service and Privacy Policy
a. By accepting Our Terms of Service and Privacy Policy, You:

1. Confirm that You are eighteen (18) years old or older;
2. Confirm that You was given consent to the processing of your Personal Data for all the following purposes:
   • Providing Our Services to You;
   • Billing, accounting and financial matters;
   • Send informative and marketing (electronic) communications for the purpose of selling and raising brand awareness for products and services of DOCKTERA;
     • Example such as:
       • Newsletters;
       • Events;
       • Meetups;
       • Webinars;
       • Product sales;
       • Updates;
       • Service windows.
     • At the time when Personal Data is obtained, DOCKTERA and its providers will provide You with all of the following information in the sense of article 13 of the EU General Data Protection Regulation (GDPR):
       • The identity and the contact details of the controller;
       • The contact details of the data protection officer;
       • The purposes of the processing for which the Personal Data are intended as well as the legal basis for the processing;
       • The recipients or categories of recipients of the Personal Data, if any;
       • The criteria used to determine that period for which the Personal Data will be stored;
       • The existence of the right to request from the controller access to Personal Data, the right to rectification or erasure of Personal Data, the right to restrict of processing concerning the information subject or to object to processing, the right to information portability;
       • The existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
       • The right to lodge a complaint with a supervisory authority;
       • The provision of Personal Data is a contractual requirement, and a requirement necessary to enter into a contract, you are obliged to provide the Personal Data and informed about the possible consequences of failure to provide such information.
3. Confirm that You as the data subject were informed of the possible risks of transfers abroad of EU.

2. Data processing
a. Processor and controller responsibilities. If the European Data Protection Legislation applies to the processing of Your Personal Data, the parties acknowledge and agree that:

1. DOCKTERA and its providers are processors of that Personal Data under the European Data Protection Legislation;
2. You are a data subject, as applicable, under European Data Protection Legislation;
3. Each party will comply with the obligations applicable to it under the European Data Protection Legislation.

b. Subject matter: DOCKTERA’s provision of the Services to You according to Your agreement with Us.

c. Duration of the processing: period from entering into terms until deletion of all Your information in accordance with the policy.

d. Nature and purpose of the processing: DOCKTERA will process your Personal Data for the purposes of providing the Services to You in accordance with the terms. Also DOCKTERA can process Personal Data for marketing purposes (excluding direct marketing in the sense of the article 21 (2) of the EU General Data Protection Regulation (GDPR)). Also your Personal Data can be used in information tracking techniques like Google Analytics, etc.

e. Categories of data: information relating to individuals provided to DOCKTERA via the Services.

3. Data deletion
a. Deletion by customer. DOCKTERA will enable You to delete Your information during the terms in a manner consistent with the functionality of the Services.

b. Deletion on termination. On expiry of the terms, You may instruct DOCKTERA to delete Your information (including existing copies) from DOCKTERA’s (customer relationship management) systems in accordance with applicable law.

4. Data security
a. DOCKTERA’s security measures. DOCKTERA will implement and maintain technical and organizational measures to protect Your information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. DOCKTERA may update or modify the security measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services.

b. Security compliance by DOCKTERA staff. DOCKTERA will take appropriate steps to ensure compliance with the security measures by its employees, contractors and subprocessors to the extent applicable to their scope of performance, including ensuring that all persons authorized to process Your Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

c. Incident notification. If DOCKTERA becomes aware of a data breach, DOCKTERA will (1) notify You of the data breach promptly and without undue delay after becoming aware of the data breach (not later than 72 hours after having become aware of a data breach) and (2) promptly take reasonable steps to minimize harm and secure your information.

d. Delivery of notification. Notification(s) of any data breach(s) will be delivered to the notification email address or, at DOCKTERA’s discretion, by direct communication (for example, by phone call or an in-person meeting). You are solely responsible for ensuring that the notification email address is current and valid.

e. Your security responsibilities. You agree that You are solely responsible for the use of the Services, including:

1. Making appropriate use of the Services and the additional security controls to ensure a level of security appropriate to the risk in respect of Your information;
2. Securing the account authentication credentials, systems and devices You use to access the Services;
3. Backing up Your information.

f. DOCKTERA has no obligation to protect Your information that You select to store or transfer outside of DOCKTERA’s and its subprocessors’ systems (for example, offline or on premises storage).

5. Data transfers
a. Transfers of information out of the European Economic Area (EEA). If the storage and/or processing of Your Personal Data involves transfers of Your Personal Data out of the EEA, and the European Data Protection Legislation applies to the transfers of such information, DOCKTERA will ensure that DOCKTERA as the data importer of the transferred Personal Data enters into contract clauses with entity as the data exporter of such information, and that the transfers are made in accordance with such contract clauses.

b. International transfers of information may also take place at the location of the previous transfers. In any case, third parties with whom certain Personal Data are shared will have previously accredited the adoption of adequate technical and organizational measures for the correct protection of the same. The transfers will be executed within the framework of the technical and organizational guarantees implemented as binding corporate rules by DOCKTERA.

6. Subprocessors
a. Consent to subprocessor engagement. You specifically authorize the engagement of DOCKTERA affiliates as subprocessors. In addition, You generally authorizes the engagement of any other third parties as subprocessors.

7. Liability
a. Liability cap. If contract clauses have been entered into as described in section transfers of information out of the EEA, the total combined liability of either party and its affiliates towards the other party and its affiliates under or in connection with Your agreement with Us and such contract clauses combined will be limited to the agreed liability cap for the relevant party, subject to section liability cap exclusions.

b. Liability cap exclusions. Nothing in section liability cap will affect the remaining terms of Your agreement with Us relating to liability (including any specific exclusions from any limitation of liability).

I have more questions. Who do I contact?
If You are not a customer, please send Us an email at contact[at]docktera.com.

If You are a current customer, the fastest way for You to contact Us about this policy is to open a support ticket through Our customer support portal at https://support.docktera.com. If You would rather contact Us by email, You may send Us an email at support[at]docktera.com.

Disclaimer
THIS WEBSITE AND INFORMATION WITHIN IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS WEBSITE COULD INCLUDE (TECHNICAL) INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. DOCKTERA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE SERVICE(S) DESCRIBED IN THIS PUBLICATION AT ANY TIME.