Privacy Policy

Effective date: September 18, 2018

PhaseWare, Inc ("us", "we", or "our") operates the www.phaseware.com website (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.phaseware.com

Definitions

Service
Service is the www.phaseware.com website operated by PhaseWare, Inc
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small files stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.

Usage Data

We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.

Use of Data

PhaseWare, Inc uses the collected data for various purposes:

To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), PhaseWare, Inc legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

PhaseWare, Inc may process your Personal Data because:

We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it is not overridden by your rights
To comply with the law

Retention of Data

PhaseWare, Inc will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

PhaseWare, Inc will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

PhaseWare, Inc will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If PhaseWare, Inc is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, PhaseWare, Inc may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

PhaseWare, Inc may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation
To protect and defend the rights or property of PhaseWare, Inc
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. PhaseWare, Inc aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where PhaseWare, Inc relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: info@phaseware.com
By phone number: 214-432-9043

GDPR | Policy Statement

Introduction

The EU General Data Protection Regulation (GDPR), passed by the EU Parliament, goes into effect on May 25, 2018, and is focused on the security of EU citizen personal data wherever that data is stored. GDPR defines entities that gather personal data for any business purpose as Data Controllers who must implement all the GDPR requirements. By this definition, PhaseWare is not a data controller. However, PhaseWare may be considered a Processor, depending on services subscribed.

Data Controllers may outsource some processing functions, such as data storage and transmission, to third parties known as Processors, but not their responsibility for the security of data and for monitoring entities that process the data. The relationship between Data Controllers and Processors is broadly similar to the relationship between Covered Entities and Business Associates in HIPPA.

Responsibilities

PhaseWare’s responsibilities as a Data Processor are defined in our contracts and are limited to the logical and physical security in accordance with the services outlined in service agreements between PhaseWare and its customers. PhaseWare does not have a business need to view, modify, manipulate, transmit or otherwise use the personal data to deliver contracted services. PhaseWare is responsible for notifying a customer of a data breech impacting EU personnel without undue delay and no later than 72 hours under GDPR, and we have processes in place to meet this requirement. PhaseWare customers are responsible for:

Defining specific, explicit and legitimate purposes for data collection
Depending on the type of data, obtaining explicit consent or unambiguous consent from data subjects
Minimizing the amount of personal data collected or processed
Maintaining, correcting or protecting the integrity of the personal data
Defining and implementing appropriate data retention periods
Implementing appropriate security controls to protect personal data under their control
Determining if existing agreements provide sufficient processing instruction and data protection

Our Colocation sites undergo annual third-party audits, against various compliance frameworks that focus on the security and availability of the Data Center Services system. Their audit status and compliance requirements are part of their Service Level Agreement with PhaseWare. PhaseWare customers will need to determine whether their setup and own controls meet GDPR requirements.

PhaseWare and California Privacy Act Compliance

*NOTE: This Act has already been amended since it was signed in June, 2018. More amendments are expected before the full implementation of the act. PhaseWare is committed to maintaining compliance in terms of security and processes offered to our customers for the collection of their clients’ data.

Right to know ALL data collected by a business on you, twice a year, free of charge: PhaseWare provides processes by which you can create reports with all the information collected on a person. This information is yours and PhaseWare does not own it. PhaseWare does not and will not sell information, personal or otherwise, owned by our customers.
Right to say NO to the sale of your information: PhaseWare does not own, use or sell any information on its hosted sites. Additionally, access to customer’s data by PhaseWare employees is permitted when assistance is requested by the customer or when our internal checks indicate a problem in a database. Violation of this policy by PhaseWare employees will result in termination of employment. Access to the data is provided to the data owners (our customers). How they use the data is solely dependent on their own processes.
Information Security – PhaseWare takes information security very seriously. The Secure Cloud protects data at rest and in transit AT ALL TIMES while in the PhaseWare environment. The servers are protected through multiple layers of front-end and back-end security and are monitored for security breaches 24 hours a day, 7 days a week. Should the servers hosting your data experience a security breach, policies are in place to detect, remediate and report to our customers within 24 hours of detection. PhaseWare can not and will not protect data that is left vulnerable on the customer’s workstations or devices.
Right to DELETE data you have posted: PhaseWare provides tools to delete or remove data from the databases. The database owner (not PhaseWare) determines how that process will be put in place for their company.
Right to not be discriminated against if you tell a company not to sell your personal information: PhaseWare acts as an application provider and does not have any insight into our customer’s policies and procedures for data collection, usage or policies. PhaseWare does not and will not sell any customers data, personal or otherwise.
Right to be informed of what categories of data will be collected about you prior to its collection/at point of collection and to be informed of any changes to this collection: PhaseWare provides processes to inform customer’s clients of changes to policies and procedures regarding the data collected by customers. PhaseWare has no input or responsibility for how the customer does or does not use those processes.
Mandated opt-in before sale of children’s information (under the age of 16): PhaseWare does not use or sell any data on its systems. That data is owned by the customer and the customer only. PhaseWare has no input or responsibility for how the customer uses the data collected by them.
Right to know the categories of third parties with whom your data is shared: PhaseWare acts as an application provider. We do not have any insight or responsibility for how customers collect their clients’ data or with whom it is shared. PhaseWare will not share or sell any customer’s data.
Right to know the categories of sources of information from whom your data was acquired: PhaseWare acts as an application provider. We do not have any insight or responsibility for how customers collect their clients’ data.
Right to know the business or commercial purpose of collecting your information: PhaseWare acts as an application provider. We do not have any insight or responsibility for customers policies or procedures in collecting data.