PRIVACY NOTICE

Last updated: August 26th, 2020

Matchless IT, LLC and its affiliated companies and subsidiaries (“MIT,” “we” or “us”) are committed to protecting the privacy of visitors of the MIT website(s), individuals who register to use the products and services, individuals who register to attend the Company’s corporate events, and business partners (“Customers”). This Privacy Notice (“Privacy Notice” or “Notice”) describes our privacy practices in relation to the use of MIT’s websites (including any customer portal or interactive customer website), its software, services, solutions, tools, and related applications, services, and programs, including attendance of corporate events and research and marketing activities, offered by MIT (the “Services”) as well as your choices regarding use, access and correction of personal data.

This Privacy Notice describes how we collect, use, disclose and otherwise process personal data collected related to our Services and otherwise in the course of our business activities, including the information practices of the websites that link to this Privacy Notice (“Sites”).

This Privacy Notice does not apply to information collected about MIT’s employees, applicants, or other personnel.

The MIT Sites may contain links to other websites; and information practices and/or the content of such other websites shall be governed by the privacy statements of such other websites.

Customer Owned Data

As a provider of Services, we may receive, process or store certain information, including personal data, on behalf of our Customers. All such information (“Customer Data”) is owned and controlled by our Customers, who are the data controllers for such information with respect to EU data protection law. Customer Data may include information from the end points and other systems, tools or devices that Customers manage or monitor using our Services, and end user data related to individuals activities on Customer’s network and systems. It may also include event logs, end user information (such as IP address, email address and computer name), and other data where relevant to a support or service request. MIT is a data processor for Customer Data. This means that MIT processes Customer Data on the basis of instructions from our Customers. If MIT receives a data subject request, it may point you in the direction of its Customer, as the Customer is the controller of the Customer Data.

Data Relating to Our Customers and Users of Our Sites

MIT collects information as part of its normal business operations and in the administration of its relationship with Customers, which may include personal data.

Business Contact and Customer Relationship Management. We collect and maintain information about our Customers, which may include company name, business contact name and title, phone number, email and other contact details. We may also collect billing address, financial account, order details, subscription and license information, and usage details. In addition, we collect user credential and profile data (name, contact, authorized users) of Customer’s authorized users and account administrators.

Data Submitted on Sites.  In order to access or use certain portions of the Sites, to enjoy the full functionality of the Sites, or to conduct or seek to conduct business with us, you may be prompted to provide certain personal data to us, including in the following ways:

• by filling in forms (for example, a “Contact Us” form) on our Sites or at a trade show or anywhere else we conduct business;
• by downloading or accessing the MIT Services;
• by downloading documentation from our Sites;
• by subscribing to newsletters or other communications; or
• by corresponding with us by phone, e-mail or otherwise using our contact details.

Typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any enquiries or complaints.

Third Parties. We may also obtain personal data about Customers from third parties, such as LinkedIn and other publicly accessible sources.

Customer Support and Service.  When Customers contact us for support or other customer service requests, we maintain support tickets and other records related to the requests, including any information provided by Customers related to such support or service requests. We may also collect call recordings related to support and customer service-related calls.

Usage Details. We collect information about Customers’ usage of our Services, including IP address, Customer ID, email address, and other usage statistics. We do not collect usage details about Customer end users, except as necessary for support or to provide the Services requested by Customers (in which case we are a data processor of such data).

When you visit our Sites, our server automatically collects certain browser or device generated information, which may in some cases constitute personal data, including but not limited to:

• your domain;
• your IP address;
• your date, time and duration of your visit;
• your browser type;
• your operating system;
• your page visits;
• information from third parties;
• other information about your computer or device; or
• Internet traffic.

De-identified Data. We may de-identify and aggregate certain data we collect such that the data no longer identifies or can be linked to a particular customer or an individual data subject (“De-identified Data”), subject to the terms of any applicable customer agreements. We may use this data to improve our Services, analyze trends, publish market research, and for other marketing, research or statistical purposes, and may disclose such data to third parties for these specific purposes.

Other Data. MIT collects, uses and maintains certain data related to its business and the Services it provides to Customers, which is not personal data; this privacy notice does not restrict our use and processing of such data.

Use of Personal Data

The following is an overview of our purposes for using personal data that we process as a data controller. Additional details on how we process your personal data may be provided to you in a separate notice or contract.

For individuals in the European Union, our processing (i.e. use) of your personal data is justified on the following legal bases:

• Performance of Contract: the processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
• Compliance with Law: the processing is necessary for us to comply with a relevant legal obligation (for example, laws which require us to collect tax information from customers, carry out checks on customers, or which compel us to disclose information to public authorities or regulators);
• Our Legitimate Interests: the processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities, such as developing and maintaining relationships with our customers (the majority of the processing covered by this notice is legitimate interest based);*
• Defend Our Rights: where the processing is necessary to the establishment, exercise or defence of legal claims; or
• With Your Consent: you have consented to the processing (for example, where we are required by local law to rely upon your prior consent for the purposes of direct marketing).

* In all cases where legitimate interests is relied upon as a lawful basis, we take steps to ensure that our legitimate interests are not outweighed by any prejudice to your rights and freedoms. This is achieved in a number of ways, including through the application of principles of data minimization and security, and by taking steps to ensure that personal data is only collected or otherwise obtained where it is relevant to the lawful business activities, and where using personal data is reasonably necessary for those activities.

Disclosure of Personal Data

MIT may appoint third party service providers (who will operate under our instructions) to assist us in providing information, products or services to you, in conducting and managing our business, or in managing and improving our Services or the Sites. MIT may share your personal data with these affiliates and third parties to perform services that the third parties have been engaged by MIT to perform on MIT’s behalf, subject to appropriate contractual restrictions and security measures, or if we believe it is reasonably necessary to prevent harm or loss, or it believes that the disclosure will further an investigation of suspected or actual illegal activities.

MIT reserves the right to share any information that is not deemed personal data or is not otherwise subject to contractual restrictions.

We contractually require agents, service providers, and affiliates who may process personal data related to the Services to provide the same level of protections for personal data as required under the Principles. MIT currently does not transfer personal data to a third party for the third party’s own use, but only for MIT ’ purposes as outlined above. MIT will remain liable under the Privacy Shield principles of: Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement, and Liability (the “Principles”), if one of its third party processors processes personal data in a manner inconsistent with the Principles, if we are responsible for the event giving rise to the damage.

Other Disclosures

Law Enforcement or National Security. In accordance with our legal obligations, we may also transfer Customer Data, subject to a lawful request, to public authorities for law enforcement or national security purposes.

Additional Disclosures. We may also disclose Customer Data (including any personal data), where otherwise required by law.

Business Transfers.  We may share personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets.

Just-in-Time Disclosures.  Additional disclosures or information about processing of personal data related to specific websites, mobile applications, products, services, or programs may be provided to you. These may supplement and/or clarify MIT’s privacy practices in specific circumstances and provide you with additional choices as to how MIT may process your personal data.

Children

The Sites, Services and Portal are not for use by children under the age of 16 years and MIT does not knowingly collect, store, share or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the Sites to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify MIT and MIT will delete all such personal data.

Marketing

Where lawful to do so, and subject to your consent where required, we may communicate with Customers (and related business contacts) about our Services. If you wish to unsubscribe from receiving marketing communications, please visit the Contact Us on our Site.

Security

MIT aims to safeguard and protect your personal data from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and MIT utilizes and maintains certain reasonable processes, systems, and technologies to do so. However, you acknowledge that no environment is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by MIT are subject to compromise. Accordingly, we cannot be held responsible for unauthorized or unintended access that is beyond our control.

Retention of Your Personal Data

We apply a general rule of keeping personal data only for as long as required to fulfil the purposes for which it was collected. However, in some circumstances, we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

In specific circumstances, we may also retain your personal data for longer periods of time corresponding to a statute of limitation, so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

External Links

The Sites may contain links to third party sites. Since MIT does not control nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third party sites. This Policy applies solely to personal data collected by our Sites or in the course of our business activities.

Access and Data Subject Rights Individuals have the right to access the personal data processed about them, subject to applicable law; individuals may request to access their personal data processed by us by Contacting Us.

Subject to applicable law, you may also have some or all of the following rights available to you in respect of your personal data

• to obtain a copy of your personal data together with information about how and on what basis that personal data is processed;
• to rectify inaccurate personal data (including the right to have incomplete personal data completed);
• to erase your personal data (in limited circumstances, such as where it is no longer necessary in relation to the purposes for which it was collected or processed);
• to restrict processing of your personal data under certain circumstances
• to port your data in machine-readable format to a third party (or to you) when we justify our processing on the basis of your consent or the performance of a contract with you;
• to withdraw your consent to our processing of your personal data (where that processing is based on your consent); and
• to obtain, or see a copy of the appropriate safeguards under which your personal data is transferred to a third country or international organization.

You also have the right to lodge a complaint with your local supervisory authority for data protection.

In relation to all of these rights, please Contact Us. Please note that we may request proof of identity, and we reserve the right to charge a fee where permitted by law, especially if your request is manifestly unfounded or excessive. We will endeavor to respond to your request within all applicable time-frames.

If you contact us regarding Customer Data for which we are a data processor, we will attempt to refer your request to the relevant Customer, and data controller for your personal data.

Contact Information

If you have any questions in relation to this Notice, please Contact Us.