Latest update 08/2019
Axway and its wholly owned subsidiaries respect your privacy and are committed to protecting it through our compliance with this Privacy Statement. This Privacy Statement describes the types of information we may collect from you or that you may provide when receiving Axway services from us (“Services”) or when you visit any of our websites associated with our Services (our "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information. This Privacy Statement explains what types of information Axway or our service providers may collect from or about visitors to, or users of, our Websites or Axway Services ("you"), and describes our practices for collecting, using, retaining, protecting, disclosing, and transferring such information. It also describes your choices regarding use, access and correction of your personal information.
This Privacy Statement applies to personal information and other information collected by Axway or our service providers from or about you when you (i) access our websites or use the Axway applications (including mobile applications) that display or link to this Privacy Statement, or (ii) open and respond to our emails, text and other electronic messages between you and our Website or (iii) receive our Services. Unless otherwise specified, this Privacy Statement does not apply to any other products or services or to information collected in any other way (whether online or offline) or for any other purpose. Information we may process about clients of our customers is addressed separately in the section below entitled "Personal Information of our Customers' Clients."
Please read this Privacy Statement carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using this Website, and/or using or receiving our Services, you agree to this Privacy Statement.
WHAT PERSONAL AND OTHER INFORMATION DOES AXWAY COLLECT?
Axway or our service providers may collect personal information and other information from or about you when you:
- order products or services,
- receive Support Services
- use our SaaS Services
- register products or for an event,
- request information,
- subscribe to marketing or support materials,
- download software,
- enter a contest,
- respond to promotional campaigns, or
- register to a secure extranet site to obtain access to product information, support, services, or training.
For purposes of this Privacy Statement, "personal information" means information that can be used to personally identify you, such as your name, address, telephone number, email address, user IDs and passwords, billing and transaction information, credit card or other financial information, contact preferences, and similar information.
We also may collect information that is related to you but that does not personally identify you, such as your computer's operating system, browser, and information regarding your use of and activities on our websites or applications. See also the discussion below on cookies and other electronic tools used for the collection of such information.
When you use Axway mobile applications or desktop applications as part of some of our Services, we may collect information from your device such as unique device ID, anonymous application usage statistics, device type, operating system, version of your device, and the location of your mobile device.
When you use the Axway SDKs (either Mobile or Desktop), we may track the number of downloads of our SDKs that have occurred.
The Axway Open Mobile Marketplace (“Marketplace”) is an on-line shop for buying and selling mobile application components. If you use Marketplace, we collect the information listed below under “Website”. We use a third party to process all of the transactions on Marketplace. Payment information will not be processed, transmitted or stored on our servers or website.
The Axway Insights Mobile Application (“Insights”) allows you to view your application Analytics and uses the email address that you used to register for the Axway Network in order to login to Insights. Axway may also collect the following information from your use of the Insights in order to improve our Service: platform, model, manufacturer, operating system version of the device on which you use Insights, the timestamps in which you launch and exit Insights, Titanium SDK Version, geolocation data i.e., longitude and latitude of the location where you use Insights and performance management data.
You may opt-out of location-based services at any time by editing the setting at the device level or by writing to us at the address set forth below in section “CONTACT US - QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY STATEMENT”.
We collect your location-based information for the purpose of:
- Digital rights management
- Data governance and information security
- Ensuring compliance with export control legislation and regulations
- Personalization of the application user experience
We may share your geo-location data with third parties for the purpose of:
- Data governance and information security
- Application analytics
If you do not wish to allow us to share your information in this manner please opt-out of location-based services by editing the setting at the device level.
In addition, when you use Axway mobile applications, we may send you push notifications from time-to-time in order to:
- Tell you that a file upload or download has completed
- Tell you that another user has changed a file in a folder that you are following
- Tell you that a new version of the app is available or required
- Silently notify the app that a new file version is available for files that you have marked as Favorites
- Alert you of file, application or server errors
- Show you other data about your recent activity, such as the number or titles of files that have been updated
If you no longer wish to receive these types of communications, you may turn them off at the device level.
As part of the provision of certain Services, we use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This mobile software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
If you download and use our Studio product, Titanium or Axway version, we may collect information regarding when you create/delete a new project i.e., use the Studio tool to create/delete a project that will become a mobile or desktop application based on the platform, test the application on a development machine in a simulated environment, install an application on a device, and prepare your application for distribution through web download or submission to an app store.
When you use the Platform or the Studio, you have access to analytics (“Analytics”). You may opt-out of Analytics for a mobile and/or desktop application by modifying the application’s tiapp.xml file to change the setting to “false”. Analytics enables you to track how the end users of your applications (“App Users”) use them to improve your products and services. The data you can collect includes the platform, model, manufacturer, operating system version of the device on which the App User uses your application, the timestamps in which the App User launches and exits your application, Titanium SDK Version, and geolocation data i.e., longitude and latitude of the location where the App User uses your application. You may also create custom analytics events for your application that are collected according to the execution logic of the application. This information is collected and sent back to Axway’s servers. You can access this data at any time by going to the my.Axway.com/apps page and clicking on the “Analytics” button for your application.
When you visit our website, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring web site addresses may be logged automatically. We may also collect information about your usage and activity, such as number of clicks, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity. We may use this information to monitor and analyze your use of the Services.
Axway Network Registration
When you register for the Axway Network, we may collect the following information: your email address, name, password, city, country, state, Twitter user name, Facebook URL, LinkedIn URL, your title/organization, and phone number. We use such information to manage your Axway account and to provide you with access to our Service. Your account is required to use Studio, Axway Insights Mobile Application, obtain access to free Q&A and paid Helpdesk, use Analytics (as defined below), get listed in DevLink, download and use modules, and buy products from Axway Mobile Marketplace. We may also use such information to provide you with updates regarding our Service.
HOW DOES AXWAY USE YOUR INFORMATION?
Axway may use information that we collect from or about you, including any personal information:
- to welcome you,
- to help you complete a transaction or in order to deliver products or services requested by you,
- to bill you for products or services you purchased,
- to provide ongoing service and support, including event-related communications,
- to carry out our obligations or enforce our rights arising from any contracts entered into between you and us,
- to notify you about changes to our websites or applications, or any products or services we offer or provide through them,
- to improve our websites, applications, services, and products, including by developing data analytics and reports about your and others' use of them,
- to email or otherwise send you marketing or other promotional information about Axway's or others' products or services that may interest you,
- to combat fraud or any other criminal activity,
- to fulfill any other purpose for which you provide the information,
- to register you in our internal sales management tool,
- in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company.
- in any other way we may describe when you provide the information,
- as otherwise required or permitted by law, and/or
- for any other purpose with your consent.
Axway may share aggregate or anonymous information about you and/or your App Users with advertisers, publishers, business partners, sponsors, and other third parties. For me details on this, please refer to the section “WITH WHOM DOES AXWAY SHARE YOUR INFORMATION?” below.
To assist us with the uses described in this Privacy Statement, information we or our service providers have collected from or about you through Axway Services, websites, applications, or our email communications with you, including about your use of such Services, websites and applications, may be combined with or enhanced by other information from or about you that we have obtained from other online or offline sources, including from our service providers or business partners.
Axway's Services, websites or applications, including third-party applications, may provide online chat forums, including newsgroups and blogs, for our users. Any information that you disclose in these forums becomes public information, which could be read, collected, copied, modified, or otherwise used by other users of these forums, operators of these forums (including third parties), search engines such as Google, and others to send you unsolicited messages, identify you, index and display your postings in search results, or for other purposes.
Axway has not liability whatsoever regarding the information you wish to disclose in these forums and blogs and how this information is used by third parties.
Axway does not share your personal information or your App User personal information except as approved by you for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies.
COLLECTION OF INFORMATION USING COOKIES AND OTHER ONLINE TRACKING
Websites of Axway subsidiaries or divisions may use similar tracking tools for similar internal business purposes only. These websites may not offer this opt-out functionality. Axway also does not process or respond to web browsers' "do not track" signals or other similar transmissions that indicate a request to disable online tracking of users who visit our websites or use our applications. You may elect not to accept cookies by changing the designated settings on your web or mobile browser. Or you can set your browser to notify you when you are being sent a cookie, giving you the chance to decide whether or not to accept it. The help function on most browsers contains instructions on how to set your browser to notify you before accepting cookies, or disable cookies entirely. However, disabling cookies in either manner may prevent you from using certain functions and features of websites, and the advertising you receive when you visit the site may not be advertisements tailored to your interests.
We or third-party advertisers or their advertising servers may also place or recognize unique cookies on your computer or use other electronic tools in order to help display advertisements that you see on our websites. Information about your visits to, and activity on, our websites, an IP address, the number of times you have viewed an advertisement, and other such usage information is used, alone or in combination with other information, to display on your computer screen advertisements that may be of particular interest to you. If you wish to opt out of interest-based advertising click here, or if located in the European Union click here. Please note this will not opt you out of being served generic advertising. The use and collection of your information by these third-party advertisers and their advertising servers is not covered by this Privacy Statement.
We may use Local Storage Objects (LSOs) such as HTML5 (technology that stores information like a cookie) to collect and store unique but anonymous information about your activity on our website. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity may use LSOs to collect and store such information. Various browsers may offer their own management tools for removing LSOs. To manage LSOs, please click here.
WITH WHOM DOES AXWAY SHARE YOUR INFORMATION?
We may disclose information that does not identify any individual (e.g., anonymous, aggregated data) without restriction.
Axway contracts with third-party service providers and suppliers (including distributors and resellers) to deliver certain products, services, and customer solutions. Examples of such services provided on our behalf are mail delivery, website hosting, transaction processing, processing payments, sending emails on our behalf, provide you with support via live chat software, and event planning. Axway may share your personal information with its service providers and suppliers to the extent necessary to deliver the product or service you requested, respond to your requests for information on products or services, or otherwise support your business needs. You will not have the opportunity to opt out of having your information shared with these third-party service providers and suppliers for these purposes, and they may contact you directly in connection with such purposes.
Third-party service providers and suppliers receiving personal information are expected to maintain privacy and security protections that are consistent with Axway's privacy and information security policies. These companies are authorized to use your personal information only for the purposes for which it was originally intended or as required or permitted by law. However, unless otherwise dictated by law, Axway is not responsible for any improper use by such parties.
We may also disclose your personal information and other information, including across country borders:
- to our subsidiaries, affiliates, and worldwide offices,
- to comply with the law or in response to a subpoena, court order, law enforcement or government request, or other legal process,
- to produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings,
- if Axway determines in its good faith judgment that such disclosure is necessary to provide its services or to protect the rights, interests, safety, or property of its business, employees, suppliers, customers, or others,
- in connection with any proposed or actual sale or other transfer of some or all assets of Axway, and/or any proposed or actual sale or merger of Axway or any division of Axway,
- to enforce the terms of any agreement with Axway,
- to combat fraud or other criminal activity,
- for any other purpose disclosed by us when you provide the information,
- as otherwise required or permitted by law, and/or
- with your consent.
Some Axway websites or services may be co-branded or offered in conjunction with another company. If you register for or use such websites/services, both Axway and the other company may receive information collected in conjunction with the co-branded website/services.
Unless permitted by relevant laws, Axway will not share, sell, trade, or lease your personal information to or with others except as provided for in this Privacy Statement.
YOUR MARKETING CHOICES, RIGHT TO ACCESS YOUR PERSONAL INFORMATION, AND OUR RETENTION OF YOUR PERSONAL INFORMATION
Your Marketing Choices.
Your decision to provide the personal information that we may request from time to time is voluntary. However, if you do not provide the personal information requested, you may not be able to proceed with the activity or receive the benefit for which the personal information is being requested.
You can unsubscribe or choose not to receive promotional materials from Axway (or from specific divisions or subsidiaries) by following the specific instructions in the email or other communication you receive or by notifying us via the appropriate method(s) described below depending on which website or service is at issue. It may take a reasonable period of time to process your request, but no longer than 30 days for direct mail and telephone promotions and 10 business days for email or text promotions. In countries where Axway is required to do so by law, Axway will offer you the opportunity to provide your opt-in consent before promotional materials are sent, or promotional calls are made, to you. This will not apply to service communications that are considered part of certain Axway services, which you may receive periodically unless you cancel the applicable service. To opt out of receiving marketing emails from a third-party partner, please follow the unsubscribe instructions in the email or other communication you receive from the partner or contact the partner directly. To opt out of having Axway share your personal information with a third-party partner for their own marketing use, please contact us at the address set forth below – section “CONTACT US - QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY STATEMENT”.
Your Access to Your Personal Information.
Axway strives to keep your personal information accurate. We have implemented technology, management processes, and policies to maintain data integrity. We will provide you with reasonable access to your personal information in accordance with relevant laws, including for some of our Services by making reasonable efforts to provide you with online access and the opportunity to update your information. To protect your privacy and security, we will take steps to verify your identity before granting access or making changes to your personal information. Upon request Axway will provide you with information about whether we hold, as a data controller, any of your personal information. To request this information, please contact us at the address set forth below – section “CONTACT US - QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY STATEMENT”.
To request access to, or correction, deletion or removal of, your personal information, follow the applicable instructions below depending on which website or service is at issue. While we will make reasonable efforts to accommodate your request, we also reserve the right to reject such access requests or to impose certain restrictions and requirements on such requests, if required or permitted by applicable law. We will respond to requests for access within a reasonable timeframe.
Our Retention of Your Information.
We will retain your personal information for as long as your account is active or as needed to provide you services, in accordance with applicable laws. If you wish to cancel your account, or request that we no longer use your personal information to provide you services, contact us via the applicable information provided below. Even after we cancel your account or cease using your personal information to provide you services, we may still retain, use, and disclose your information as necessary to comply with our legal, regulatory, ethical, or document retention obligations, and any request to delete your personal information is subject to these obligations and restrictions. Information submitted for a quotation may be retained by us for a period of up to 15 months from the date of the quotation. Axway customer/partner information will be held for a period of at least 6 years after the ending of the customer/partner relationship.
For more information on our data retention policies please contact us at the address set forth below – section “CONTACT US - QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY STATEMENT”.
PERSONAL INFORMATION OF OUR CUSTOMERS' CLIENTS
When we provide services to our customers, in some instances we process personal information about their clients. Axway collects information under the direction of its customers in accordance with applicable law (in case of European personal data, data privacy agreement will be put in place with our customers for which we process personal data for) , and has no direct relationship with the individuals whose personal information it processes. If you are a client of one of our customers and would no longer like to be contacted by one of our customers that use our service, please contact the customer that you interact with directly. We may transfer personal information to companies that help us provide our Service. Transfers to subsequent third parties are covered by the service agreements with our customers. More details about this can be found under section “WITH WHOM DOES AXWAY SHARE YOUR INFORMATION?” above.
An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to Axway's customer (the data controller). If requested to remove data we will respond within a reasonable timeframe. We will retain personal information we process on behalf of our customers for as long as needed to provide services to our customer and as authorized under applicable law. Axway will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Axway complies with all privacy laws, including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable. as of May 25, 2018 (hereinafter the "GDPR"), regarding the collection, use, retention, and transfer of personal information from the European Union, the European Economic Area, and Switzerland to locations outside of the European Union, the European Economic Area, and Switzerland, and has adopted or will agree to adopt the Model Clauses recommended by the European Commission in Axway's contractual arrangements with its customers and suppliers.
TRANSFER OF YOUR INFORMATION TO OTHER COUNTRIES
In accordance with applicable law, personal and other information covered by this Privacy Statement may be transferred to, and processed and stored in, the United States, the European Union or any other country in which Axway or its affiliates, subsidiaries, service providers, business partners, or customers maintain facilities, even if the level of data privacy required in that country is less than that required by the European Union.
A list of our affiliates and subprocessors can be found on here.
By submitting your personal information to Axway, you consent to such transfers and to the worldwide processing of your personal information for the specific purpose of providing Services and performing its obligations.
Axway undertakes that these companies accept the Standard Contractual Clauses of the European Commission and upon prior approval by you, Axway may sign these clauses with these companies in your name and on your behalf.
SECURITY OF YOUR PERSONAL INFORMATION
Axway has implemented reasonable administrative, technical, and physical measures designed to protect your personal information from accidental loss and from unauthorized access, disclosure, use, alteration, or destruction. When you provide us with credit card information via an Axway website or login credentials on any Axway platform, we will encrypt that information via SSL. If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Please also be careful to avoid "phishing" scams, where someone may send you an email that looks like it is from Axway asking for your personal information. Axway will not request your personal information through email. If you have questions regarding our security, you can contact us via the address below under section “CONTACT US - QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY STATEMENT”.
US PRIVACY SHIELD
INDEPENDENT RECOURSE MECHANISM FOR PRIVACY SHIELD COMPLAINTS
In compliance with the Privacy Shield Principles, Axway Inc. commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Axway Inc. at: firstname.lastname@example.org. Axway Inc. has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.
Under certain conditions, specified on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. You also have the right to file a complaint with a competent data protection authority if you are a resident of a European Union member state.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Axway to its affiliates and/or third parties for their direct marketing purposes. To make such a request, please send an email with your first name, last name, mailing address, email address, and telephone number to Axway's Data Protection Office, at the address set forth below – section “CONTACT US - QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY STATEMENT”. Please include "California Privacy Rights" in the subject line of your email.
CHILDREN UNDER THE AGE OF 16
Axway websites and applications are not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on our websites or applications. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this website or application, or on or through any of its features, register on the website or application, make any purchases through the website or application, use any of the interactive or public comment features of this website or application, or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If you believe we might have any information from or about a child under 16, please contact us at the address set forth below – section “CONTACT US - QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY STATEMENT”.
SOCIAL MEDIA AND OTHER THIRD PARTY INFORMATION COLLECTION
Our websites or applications may include social media features, such as the Facebook "Like" button, and widgets, such as the "share this" button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites or applications. Your interactions with these features are governed by the privacy statement of the company providing them.
If you add a user to your business or enterprise account, we will ask you for your contact's name and email address. We will automatically send your contact a one-time email inviting him or her to visit the site. Axway does not store this information, except to the extent permitted by law, and will only use it for the specific reason for which it was provided. If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at the address set forth below – section “CONTACT US - QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY STATEMENT”.
LINKS TO NON-AXWAY WEBSITES AND THIRD PARTIES
Axway's websites may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Axway website. Axway does not control these third-party websites or their privacy practices, which may differ from Axway's. We do not endorse or make any representations about third-party websites. The personal information you choose to provide to unrelated third parties is not covered by the Axway Privacy Statement. We encourage you to review the privacy statement of any entity before submitting your personal information.
CONTACT US - QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY STATEMENT
You have various rights in relation to your personal information, including:
- the right to request access to your personal information;
- correct any mistakes on your records;
- erase any mistakes on our records;
- where we rely on your consent as our legal basis for use of your personal information you have a right to withdraw your consent to such use.
Please note that if you want to exercise your right to object to use of personal information based on legitimate business interests, we will have an opportunity to demonstrate that there are compelling legitimate grounds that processing is necessary for the establishment, exercise or defense of legal claims.
If you have questions regarding our compliance with this Privacy Statement, or if you want to exercise your rights stated above or any other rights that you have by law, please contact our Data Protection Office in the first instance by either emailing them at email@example.com, or writing to Axway's Data Protection Office, at
- USA address: Axway Inc, 6811 E. Mayo Blvd, 4th Floor, Phoenix, AZ 85054, USA.
- EMEA address: Axway Software, Tour W, 102 Terrasse Boieldieu - 92807 Puteaux Cedex, FRANCE
- APAC address: Axway Australia, Suite 1301, 99 Mount Street, North Sydney, 2060 NSW, AUSTRALIA
Axway will attempt to resolve the issue as soon as possible. You also have the right to lodge a complaint to the Data Protection authority of your country.
CHANGES TO THIS PRIVACY STATEMENT
Axway will review and update this Privacy Statement periodically, and will note the date of its most recent revision above. If we make material changes to this Privacy Statement, we will notify you either by prominently posting a notice of such changes prior to implementing the changes or by directly sending you a notification. We encourage you to review this Privacy Statement frequently to be informed of how Axway is collecting, using, retaining, protecting, disclosing, and transferring your information.