Commitment to privacy
Effective Date: December 20, 2016 HEAT Software USA Inc. (“HEAT”, “we”, “us”, and “our”) is a US-based corporation that provides world class IT and Customer Service software solutions, on a traditional premise software basis and a hosted software-as-a-service basis (also known as cloud). We provide on-premise and hosted software solutions to organizations (“you” and “your”) and your employees and consumers (“data subjects”) around the world.
The privacy of your data subjects is important to us. We are providing this policy to describe and explain our information practices and the measures we take to protect their privacy.
Scope of policy
This Policy applies to the HEAT Software on-premise and hosted services. This Policy also applies to the HEAT Software website www.heatsoftware.com and other HEAT-powered site, such as www.heatcloud.com (“Site”). HEAT Cloud is the online on-demand Solutions as a Service version of HEAT Software’s IT service management and client management software applications. These solutions are offered on a subscription basis and delivered on equipment, infrastructure, and in data centers provided by HEAT Software or its subcontracted infrastructure-hosting service providers.
EU-U.S. Privacy Shield
HEAT Software participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. HEAT Software is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list
HEAT Software is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. HEAT Software complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, HEAT Software is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, HEAT Software may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request
Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
U.S. – Swiss Safe Harbor Framework
As your data processor, we make available to you this Policy so that you can better understand our data practices and whether they are consistent with privacy notices you have made available to your data subjects.
DATA INTEGRITY PRINCIPLE
We ensure that the personal information we collect is relevant for the purposes for which we use it. We collect four main types of personal information:
- User information. This is information collected about visitors to heatsoftware.com, and HEAT Software Connect such as name, business name, e-mail address, business address, title, job position, and phone number. We collect this information when you register to learn more about our products, request a demo or evaluation software, request or subscribe to newsletters, white papers, events, seminars, user groups, conferences or other services we might provide, or other information that you might provide to us in an online form, or when you contact us by e-mail or telephone. We use this information to respond to your requests and to promote our products and services. We also disclose leads to authorized third-party resellers, who may also collect personal information such as name and phone number. If you choose to sign up for our HEAT Software Connect community, we will require that you provide your name and email address, and you will have the option to provide additional personal information such as your address and phone number. We also collect information about the computers that visit our sites, including:
- Log files. As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically-collected log information with other information we collect about you. We do this to improve services we offer you, and to improve marketing, and sales analytics.
- Tracking technologies. Technologies such as: cookies or similar technologies are used by HEAT Software USA Inc and our resellers and marketing partners, or service providers performing installation or sales or support services. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
- Customer proprietary database information. This information is owned by the customer and entrusted to us to provide our services. HEAT Software respects the privacy of all customer proprietary database information and views it as the customer’s property. This is information that you as a customer provide to us or direct us to collect your data subjects. We do not control what customer database information we may receive and host, nor what steps you as data controller have taken to ensure that the data is reliable for its intended use, accurate, complete, and current. HEAT Software will use customer database information in order to fulfill our obligations under our HEAT cloud subscription services agreement with the customer and to identify other HEAT Software products which may benefit the customer. For instance, we may be engaged by the customer to help upload its data, to assist with configuration, or to provide support services. We will not use this customer data for marketing purposes. If you provide any personal data about your clients to HEAT Software, you are responsible for providing any notices and obtaining any consents necessary for HEAT Software to access and use that data.
- Applicant and employee information. This is the typical information that is collected during employment relationships. For applicants, this includes your name, home address, personal telephone number, resume, and other information that you voluntarily provide when you submit an online job application. This information may be shared with our recruiting advisors as well as other third parties such as background-screening organizations involved in the assessment of your job application. HEAT commits to cooperation with EU data protection authorities (DPAs) with regard to human resources data transferred from the EU in the context of the employment relationship.
In addition to the data uses described above, HEAT Software may use personal information for the following purposes:
- To respond to your requests. These requests may include processing orders and processing downloads for whitepapers or product demonstrations or evaluations.
- To provide services to you. These may include professional consulting, educational, maintenance and support services for which you have inquired or contracted. For instance, our as part of support services, our technical staff may require periodic access to services data to troubleshoot or monitor your system. We may provide technical support and related product information via the HEAT Software Customer Support Portal. Our consulting services team may require access to your systems to implement our software solutions. Any temporary copies of data accessed, used or created as a necessary part of this services are only maintained for time periods relevant to those purposes As part of these services, we may be required to remotely access your systems or an individual computer in order to troubleshoot a support issue or have direct physical access as part of an onsite engagement. We may also provide you product updates and notices.
- To provide informational services. We may use personal data while providing online forums such as user groups and bulletin boards. We may also do so while delivering live or online events such as training seminars or conferences, including third-party events sponsored by HEAT Software.
- To meet legal requirements. HEAT Software may be required to provide personal data to comply with legally mandated reporting, disclosure, or other legal process requirements.
- To market our products and services. We may inform you about our products, services or events and otherwise perform marketing activities.
If you have previously signed up to receive e-mailed information about our products, services, and special offers, and no longer wish to receive these communications you may opt out by clicking the ‘unsubscribe’ link, replying with ‘unsubscribe’ in the subject line in the e-mail e-mailing us at firstname.lastname@example.org, or calling us at +1.800.755.2100. If you have signed up to receive information about our products, services and special offers via postal mail and no longer wish to receive these communications you may opt out by emailing us at email@example.com or contacting us at the address listed below.If you choose to use our referral service to tell a colleague about our HEAT Software community site, we will ask you for your colleague’s email address. We will automatically send your colleague a one-time email inviting him or her to visit the site. HEAT Software does not store this information for the purpose of sending this one-time email. If you register for an account on HEAT Software Connect, you will automatically be listed in our publicly accessible member directory. If you do not wish to be listed in the directory, please do not register for an account or contact us to have your account closed. If you wish to request removal of your information from our directory, you can contact us at firstname.lastname@example.org.
This is a United States Website and is subject to laws of the United States and the State of California. If you are customer who resides in the State of California, you have the right to request from HEAT Software a list of third parties with whom we shared personally identifiable information about you for their own direct marketing purposes during the previous calendar year. HEAT Software does not share personally identifiable information with unrelated third parties for their own direct marketing purposes. If you would like us to confirm this information in writing please send a request to us by email email@example.com. You can also write to us at:
HEAT Software USA Inc.
490 N. McCarthy Blvd. #100
Milpitas, CA 93035
DATA ACCESS PRINCIPLE
Upon request HEAT Software will provide you with information about whether we hold any of your personal information. Our HEAT Cloud system enables the customer to have full control over their personal information, whether to correct, update or delete personally identifiable information that they have collected and uploaded. If you receive a data-access request from a data subject about whom we host data and you would like our assistance in responding to that request, please contact firstname.lastname@example.org.
If your personally identifiable information, such as your email address, changes, or if you no longer desire our service, e-mail our Customer Care department at email@example.com.
If you wish to change, update or delete your HEAT Software Connect profile, or if you wish to request the deletion of an unauthorized profile you may do so by contacting us at firstname.lastname@example.org. We will retain your HEAT Software Connect information for as long as your account is active or as needed to provide you services or longer as may be necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We will respond to any request to access your personally identifiable information within 30 days.
The security of personally identifiable information is very important to HEAT Software. HEAT Software takes reasonable physical, administrative, and technical measures to protect personal information under our control from loss, misuse and unauthorized access, disclosure, alteration and destruction.
In particular, we employ the following security measures, among others:
- Security policies. We design and support our products and services according to documented security policies.
- Employee training and responsibilities. We take certain steps to reduce the risks of human error, theft, fraud, and misuse of our facilities. We train our personnel on our privacy and security policies. We also require our employees to sign confidentiality agreements.
No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about our security, you can contact us at email@example.com. If we confirm that your Customer Information has been accessed or used by unauthorized individuals, we will contact your designated representative to coordinate our response to the incident.
ONWARD TRANSFER PRINCIPLE
HEAT Software may disclose personal data in the following circumstances:
- To business partners and subcontractors as necessary in connection with the performance of requested services or solutions, or as otherwise appropriate in connection with a legitimate business need;
- To service providers who host or facilitate the delivery of online training, seminars and webinars; email-delivery services and other technology providers; and third parties that may assist in the delivery of marketing materials, technical support services, or other products, services or other information. These companies are authorized to use your personally identifiable information only as necessary to provide these services to us;
- To third parties who provide tools or code which facilitates our review and management of our cloud-based software, including Google Analytics or similar software products from other providers. Additional information is available at www.google.com/policies/privacy/partners/ ;
- With authorized reseller partners so that they may follow up with you regarding HEAT Software products and services;
- Job-applicant information may be shared with our recruiting advisors as well as other third parties involved in the assessment of your job application, such background screening organizations;
- As necessary in connection with the sale or transfer of all or part of our business;
- As required or permitted by law, or when we believe in our sole discretion that disclosure is necessary or appropriate to protect our rights, protect your safety or the safety of others, investigate fraud, comply with a judicial proceeding, court order, law-enforcement or government request, including to meet national security or law enforcement requirements, or other legal process; and
- To any other third party with your affirmative consent.
In these situations, we will take reasonable steps to require the recipient of the data to protect the data in accordance with the relevant principles in Privacy Shield or otherwise take steps to ensure that the EU and Swiss personal data is appropriately protected, and we will be liable for our actions/inactions with regard to the transfer or disclosure of the data to third parties.
If HEAT Software is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via e-mail or a prominent notice on our Site of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding your personally identifiable information.
Cross-border data transfers. HEAT Software is a global corporation with technical systems and processes that cross borders. Personal information collected on HEAT Software systems may be transferred across state and country borders and stored or processed in the United States or any other country in which HEAT Software, its subsidiaries, affiliates, or business units maintain facilities for the purposes of data consolidation, storage, and information management. By using our systems, your organization consents to any such transfer of information outside of your country of residence. HEAT Software, its subsidiaries, affiliates, and business units will handle your information collected by our systems in a consistent manner, as described here, even if the laws in some countries may provide less protection for your information. Our privacy practices are designed to protect your personal information all over the world.
Third-party websites. This Site contains links to other websites. We are not responsible for the data collection, use practices, privacy statement, or cookie use of the sites that you have accessed from our Site. We encourage our users to be aware when they leave our Site and to read the privacy statements of each website that collects personally identifiable information. This Policy applies solely to information collected on this Website.
Blogs. Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Testimonials. We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
Frame. Some of our pages utilize framing techniques to serve content to from our partners while preserving the look and feel of our site. Please be aware that you are providing your personal information to these third parties and not to www.heatsoftware.com or to www.heatcloud.com.
In compliance with the Privacy Shield Principles, HEAT Software commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our Private Shield policy should first contact HEAT Software at:
HEAT Software USA Inc.
490 N. McCarthy Blvd.
Milpitas, CA 93035
We reserve the right to modify this Policy at any time. When we make only minor modifications, we may do so without notifying you. It is your responsibility to keep current the contact information we have on file for that designated representative. When we make material modifications affecting data practices where we operate as the data controller, we will post the new Policy on this Site under the “Privacy” link and notify you at the e-mail address specified in your account or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. The effective date at the top of this Policy will allow you to quickly know when the last changes were made.
How you can contact us. If you have questions or concerns regarding this Statement, you should contact us by email at firstname.lastname@example.org. You can also write to us at:
HEAT Software USA Inc.
490 N. McCarthy Blvd.
Milpitas, CA 93035