Personal Information Collection & Use

Version 2.0. Last changed 2018/05/29

INTRODUCTION

This comprehensive privacy policy (“Privacy Policy“) details the types of personal data we collect when you access our digital channels and online services, purchase products or services from us, interact with us at industry events, attend our events, answer our surveys, or send us inquires. It also describes the rules we follow in the storage and use of this information, and steps by which people can request its removal.

“Personal data” means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.

Advanced Chemistry Development, Inc. (“ACD/Labs“, “we” or “us“) is the data controller and we are responsible for the personal data we collect. This Privacy Policy applies to ACD/Labs, its subsidiaries, and its branches.

How to Reach Us:

If you have any questions, comments, or suggestions regarding our Privacy Policy or ACD/Labs’ use of your personal data, please contact us using one of the modalities below:

  • Privacy Officer email address: privacy@acdlabs.com
  • Postal Addresses:
    • Advanced Chemistry Development UK Ltd.
      Venture House, Arlington Square, Downshire Way
      Bracknell, Berks. RG12 1WA, UK
    • Advanced Chemistry Development Germany GmbH
      Herriotstrasse 1
      60528 Frankfurt, Germany
    • Advanced Chemistry Development, Inc.
      8 King Street East, Suite 107,
      Toronto, Ontario, Canada M5C 1B5
  • Telephones:
    • United Kingdom and Ireland: +44 (0) 1344 668030
    •  France: +33 (0) 3 88 23 70 24
    •  Germany: 49 (0) 69 677 33-164
    •  North America: 800-304-3988
    •  Rest of World: +1-416-368-3435 (Extension 0)

DATA COLLECTION AND PROCESSING

Consent

By using any of our digital channels, online services, interacting with us at industry events or attending any of our events, you are agreeing to the terms of this Privacy Policy and consenting to the collection, use, and/or disclosure of your personal data for the purposes set out in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not provide us with any personal data.

In addition, submission of purchase orders, product trial requests, requests for assistance, and general inquiries represent implied consent for us to contact you and to maintain such information as needed to process the order or request.

Cookies

A cookie is a small amount of data which often includes a unique identifier that is sent to your browser from a website’s server and is stored on your device’s hard drive. It allows a website to remember things like your preferences, login information, or what’s in your shopping basket. Each website or third party service provider used by the website can send its own cookie to your browser if your browser’s preferences allow it. A cookie contains some anonymous information such as a unique identifier and the site name.

You can choose how cookies are handled by your device via your browser settings. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. If you choose not to receive cookies at any time, the website may not function properly and certain services will not be provided, spoiling your experience of the website.

Types and Uses of Information Collected

We may collect and process the following categories of personal data:

  • Customer Data that includes data relating to any purchases or trials of goods and/or services. Examples include names, titles, billing and delivery addresses, email addresses, phone numbers, interaction details, and purchase details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions.Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
  • Technical Data that includes data about your use of our digital channels and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings, and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We use this data to:
    • Analyze the use of our website and other online services
    • Administer and protect our business and website
    • Identify our users and provide them with information appropriate to their interests.

    Our lawful ground for this processing is our legitimate interests, which in this case are to enable us to properly administer our website and our business, to grow our business, and to optimize our marketing strategy.

  • Product Activation Data
    ACD/Labs Software has the capacity to gather and log statistics pertaining to usage of the Software by the Licensee, including without limitation, network installation by the Licensee, number and identification of users, and concurrent use of the Software. Upon acceptance of our licensing terms, you agree to provide such information to ACD/Labs and to authorize ACD/Labs to remotely collect such information. If you consent to such remote access, we will follow reasonable security protocols that you may request in respect of such remote access.Our lawful ground for this processing is our legitimate interests, which in this case are to protect our intellectual property and prevent to improper or fraudulent use of it.
  • Direct Contact
    In order to support inquiries, requests for support, feature requests, complaints, and to consider general suggestions, any communications made to us using any modality may be collected.
  • Specific Use of Digital Channel and Online Services Data by Signup Option
    ACD/Labs provides many opportunities for customer engagement which have specific uses in addition to those indicated above. For example:

    • Requests for Contact
      Individuals that fill out a website form or use an email link in our communications, will be contacted with respect to the requested information. Your personal data is retained to fulfill your request. On occasion, individuals who have requested information about a specific product/service may receive general information about that product or related services in the future.
    • Request for Information/Content Access
      Individuals who opt-in to receive more information about a product/service or choose to access certain content via ACD/Labs websites will be contacted with respect to the information/content requested. Your personal data will be retained and we will periodically send you information in accordance with your request.
    • Newsletter Subscribers
      Subscribers to newsletter(s) will be asked to provide personal data which we will use to send the newsletter(s) to you.
    • Event Registrants
      Individuals who register for an event (webinars, meetings, symposia, etc.) will be contacted to confirm their registration and provide further details. This information is also retained to inform you of similar events in the future.
    • Software Downloaders
      Individuals who choose to download freeware/software from ACD/Labs websites will receive product/service-related announcements.
    • Web Store Users
      Users are required to register on the ACD/Labs web store prior to downloading a trial/purchasing software. When a purchase is made, the information necessary to complete the financial transaction is stored transiently until the transaction is completed. Documentation of the transaction (but not the financial accounts used) is stored by ACD/Labs as required to meet tax, audit, and legal requirements in our various office jurisdictions.
    • Customer Portal Users
      Customers who access the ACD/Labs Customer Portal will receive login credentials to that site. The information necessary to confirm access qualification and login credentials are stored in accordance with this Privacy Policy.
  • No Automated Decision Making
    Automated decision making is not currently being used on our website or Software.

DISCLOSURES OF PERSONAL DATA

We may have to share personal data with the parties set out below:

  • Service providers who provide IT, support, and system administration services.
  • Banks and related third parties required to complete financial transactions.
  • Professional advisers and service providers, including lawyers, bankers, auditors, and insurers.
  • Government bodies that require us to report processing activities.
  • Our distributors, who are bound by a non-disclosure agreement.
  • Agents that manage user experience through our digital channels.
  • Third parties with whom we work to promote our products and services.
  • Third parties to whom we may sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer personal data to respect its security, confidentiality, and to treat it in accordance with applicable laws. We only allow such third parties to process personal data for specified purposes and in accordance with our instructions.

INTERNATIONAL TRANSFERS

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection of personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Whenever we transfer personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

  • We will only transfer personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data; or
  • Where we use certain service providers, we may use specific contracts, codes of conduct, or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
  • If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
  • The data is physically and electronically secured using industry-standard IT safeguards.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

DATA SECURITY

We have implemented security measures to prevent personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to personal data only to those employees and partners who need to know such data. They will only process personal data on our instructions and they must keep it confidential.

Please be advised, however, that the Internet and other various networking communication media are not entirely secure, unless explicitly specified as such, and personal data may therefore be subject to interception or loss which is beyond our control. The security, integrity, and privacy of information and data exchanged over our digital channels cannot be guaranteed.

ACD/Labs only collects data submitted in an online form, if you do not submit the form, information entered to that point will be automatically deleted.

ACD/Labs is committed to maintaining the confidentiality and security of our customer’s information in Internet transactions. Personal data such as credit card and related information will only be used for the sole purpose of processing your transaction and this information will be permanently destroyed once the transaction has been completed.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

DATA RETENTION

We will only retain personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes (if these can be achieved by other means), and legal requirements.

For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial, and Transaction Data) for six years after they stop being customers.

LEGAL RIGHTS

ACD/Labs is committed to following the privacy policies set out by various countries, including the United States CAN-SPAM Act, Canada’s CASL regulations, the United Kingdom Data Protection Act, and the EU General Data Protection Regulation (GDPR) and e-Privacy Regulation. You will be asked to provide your consent to be contacted whenever you share your personal data with us, and we will use that consent declaration as permission to contact you in the future.

Under some data protection laws, you may have specific rights in relation to personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data, and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at:

Some of these options may be exercised directly as outlined in the “Opt-Out” section. Alternatively, and to exercise any of the other rights set out above, please email us at privacy@acdlabs.com.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights) on a reasonable basis. However, we may charge a reasonable fee if your request is unfounded, repetitive, or excessive, or we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK Supervisory Authority for data protection issues, or the European Data Protection Supervisor, as appropriate. We would be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

Opt-Out

You may exercise the unsubscribe option that is made available in ACD/Labs email communications if you no longer wish to receive e-mail from us or if you wish to be removed from our mailing list; or you may visit
http://ity.vc/acdlabsmanagepref to manually unsubscribe. You may also visit http://www.acdlabs.com/subscriptions/ to update your newsletter subscriptions and topics of interest.

Account Removal and the Right to Be Forgotten

If at any time you wish to remove your account or permanently erase your historical data stored by ACD/Labs, you may do so by emailing
privacy@acdlabs.com. We will remove all data that we are not required to maintain for taxation, audit, and/or legal reasons. Please note that if in the future you engage with us via one of our digital channels, email, postal mail, or phone, your data will be stored anew and you may receive email communications from us.

CHANGE NOTICE

ACD/Labs reserves the right to modify this Privacy Policy at any time. Changes to this policy will be posted on our web site, www.acdlabs.com.