Last updated: November 10th, 2020
This Accelize Privacy Policy ("Privacy Policy") sets forth the types of information, including personal data and personally identifying information such as name or location data related to an individual ("Personal Data"), that Accelize may collect through the Services and through the Accelize Sites. This Privacy Policy also describes how Accelize uses Personal Data, with whom it may be shared, users' rights and choices, and how users can contact Accelize regarding its privacy practices. This Privacy Policy utilizes capitalized terms which are defined as set forth in the Accelize Customer Agreement or as noted otherwise.
Accelize reserves the right to make changes to this Privacy Policy at any time and for any reason. Accelize will alert users to any changes by updating the "Last Updated" date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Accelize Sites, and users waive the right to receive specific notice of each such modification. Users will be deemed to have accepted the changes in any revised Privacy Policy by continued use of the Accelize Sites after the date such revised Privacy Policy is posted. Accelize will not modify this Privacy Policy to make it less protective of Personal Data which was previously collected without notifying users in advance.
3.1 Defined Terms. For purposes of this Privacy Policy, the defined terms herein shall have the meanings set forth as below whenever capitalized, or as otherwise set forth in this Agreement.
4.1 Accelize offers marketplace services enabling independent software vendors to sell products through its online platforms. These marketplace services include runtime DRM, entitlements management, billing and invoicing, online payments, and usage monitoring. Accelize collects Personal Data in the course of providing these Accelize Services.
4.2 The types of information gathered include:
Accelize may use Personal Data to operate, provide, and improve Accelize Services, including:
Unless stated otherwise, the Privacy Policy applies to all Personal Data Accelize has about a user (including Customers, Subscribers, IPVs, and Authorized Resellers) and their account. This Privacy Policy does not apply to third party websites, products, or services, even if such third party offerings may link to Accelize's Services or Sites, and users should consider the privacy practices of those third parties independently.
To enable Accelize recognizes user browsers and devices, and to effectively provide Accelize Services, Accelize may utilize cookies. For more information about cookies and how they are used, please see the Accelize Cookies Policy.
Information about users is an important aspect of any company, but Accelize is not in the business of selling users Personal Data. Accelize may share Personal Data within Accelize (including its affiliates), subject to this Privacy Policy or under practices at least as protective as those described in this Privacy Policy. However, non-personally identifiable visitor information may be provided to third parties for marketing, advertising, or other uses.
8.1 Transactions Involving Xilinx: Accelize may share Personal Data with Xilinx when such Personal Data is collected through the Xilinx App Store. This Personal Data will be used to assist Accelize and Xilinx operate, provide, improve, understand, support, and market the Accelize and Xilinx products and services.
8.2 Transactions Involving Third Parties: Users may access software from third parties through Accelize Services. Users can tell when a third party is involved in a transaction, and Accelize necessarily shares information related to those transactions with the relevant third party. For example, when a Subscriber orders software from a Customer, Accelize provide the Customer with information to facilitate the Subscriber's subscription, purchases, or other support.
8.3 Third Party Service Providers: Accelize employs third parties to perform certain functions on its behalf. Examples include: processing payments, assessing credit and compliance risks, sending communications, analyzing data, providing marketing and sales assistance (including advertising and event management), conducting customer relationship management, providing training, and delivering Accelize hardware. These third party service providers have access to certain Personal Data necessary to perform their functions, but may not use it for other purposes. Further, such third parties must process that information in accordance with this Privacy Policy and as permitted by applicable data protection laws and regulations.
8.4 Business Transfers: Accelize may sell or buy third party businesses or services. Personal Data is typically included in such a transfer of business assets, but will remain subject to any pre-existing Privacy Policy unless there is subsequent user consent otherwise.
8.5 Protection of Accelize and Others: Accelize releases account and other Personal Data when it believe such release is appropriate to comply with law or regulation, enforce or apply its terms and other agreements, or protect the rights, property, or security of Accelize, its users, or third parties. This includes exchanging information with other third parties for fraud prevention and detection and credit risk reduction.
8.6 User Options: Except as set forth in this Section 8, users will receive notice when Personal Data may be shared with third parties, and users will have an opportunity to opt not to have that information shared.
Accelize is primarily located in the United States, with affiliated companies located throughout the world. Depending on the scope of a user's interactions with Accelize Services, that user's Personal Data may be stored in or accessed from multiple countries, including the United States and France. Whenever Accelize transfers Personal Data to other jurisdictions, it works to ensure that such transfers are accomplished in accordance with this Privacy Policy and as permitted by applicable data protection laws and regulations.
Accelize takes security seriously, and has designed its systems with user's security and privacy in mind. Accelize:
Maintains a wide variety of compliance programs that validate its security controls;
Protects the security of user information during transmission to or from Accelize Sites, applications, products, or services through utilization of encryption protocols and software;
Uses third party service providers that follow the Payment Card Industry Data Security Standard when handling credit card data; and
Maintains physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of Personal Data.
Accelize Services may include third party advertising and links to non-Accelize websites and applications. Third party advertising partners may collect information about users when such users interact with their content, advertising, or services. For more information about third party advertising, including interest-based ads, please see the Accelize Interests-Based Ads Notice.
Accelize believes it is important that users have choices about the collection and use of their Personal Data, and many Accelize Services include settings allowing users options as to how their information may be utilized. Users can choose not to provide certain information, however, this may limit the user's access to certain Accelize Services. Users can view, update, and delete certain information about their account and interactions with Accelize Services at any time. Users who encounter difficulties in accessing or updating their information can contact Accelize for assistance.
12.1 Account Information. Users may add, update, or delete information related to their account through the Portal. Please note, Accelize typically retains a backup copy of all changes for its records.
12.2 Communications. Users who prefer not to receive promotional messages from Accelize may unsubscribe or adjust their communication preferences in the account section of the Portal. Users who prefer not to receive in-app notifications from Accelize may adjust their notification settings in the app or on their device.
12.3 Advertising. Users who do not wish to see interest-based ads may adjust their Advertising Preferences.
12.4 Browser and Devices. The Help feature on most browsers and devices typically inform users how to prevent a browser or device from accepting new cookies, how to have the browser notify the user when they receive a new cookie, or how to disable cookies altogether.
12.5 Customers. Customers can add, update, or delete information in the Vendor Portal.
Accelize Services are not available to those under the age of eighteen (18).
Accelize may retain Personal Data to enable a user's continued use of Accelize Services for as long as it is required in order to fulfill the relevant purposes described in this Privacy Policy, as may be required by law or regulation (including for tax and accounting purposes), or as otherwise communicated to users. The specific retention times for Personal Data varies depending on the purpose for its use, and Accelize deletes Personal Data in accordance with applicable laws and regulations.
15.1 Users with any concern as to the privacy of Personal Data at Accelize or who seek to contract any of its data controllers may do so:
Email:
privacy@accelize.com
Mailing Address:
Accelize, Inc.
2570, North First Street
San Jose, CA 95131-1036
USA
ATTN: Accelize Legal
15.2 Users who access the Accelize Services on behalf of or through a company or organization may also be subject to that third party's privacy practices. Such users should direct any related privacy inquiries to their company or organization.
Accelize complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union, the United Kingdom, and Switzerland to the United States. Accelize is in the process of certifying to the Department of Commerce that it adheres to the Privacy Shield Principles and will do so with respect to transfers of Personal Data from the United Kingdom to the United States. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. The U.S. Department of Commerce site, available at https://www.privacyshield.gov/, has further information about the Privacy Shield Program. For more information about Accelize's Privacy Shield certification, please see the Accelize EU-U.S. and Swiss-U.S. Privacy Shield Policy.
17.1 California. The California Consumer Privacy Act ("CCPA") provides and requires certain rights be given to consumers, effective as of January 24, 2020.
(a). Consumer rights under CCPA include:
(b). Categories of Personal Data Accelize may collect, or may have collected from users in the preceding twelve (12) months, falls into the following categories established by the CCPA, depending on how the user has engaged with the Accelize Services:
(c). Categories of Personal Data Disclosed for a Business Purpose. The Personal Data that Accelize may have discloses about consumers for a business purpose in the preceding twelve (12) months falls into the following categories established by the CCPA, depending on how the user has engaged with the Accelize Services:
(d). User Rights. Users may have the right under the CCPA to request information about the collection of Personal Data by Accelize, or to access or request deletion of Personal Data. If a user seeks to do any of these things, they should contact Accelize as provided in Section 15 ("Contacts, Notices, and Revisions"). Depending on a user's data choices, certain services may be limited or unavailable.
(e). No Sale of Personal Data. In the preceding twelve (12) months, Accelize has not sold any Personal Data of consumers, as those terms are defined under the CCPA.
(f). No Discrimination. Accelize does not discriminate against any consumer for exercising their rights under the CCPA.
17.2 Canada.
(a). Rights. Subject to applicable laws and regulations, users shall have the right to:
(b). Access. Users can exercise their rights of access, rectification, erasure, restriction, or complaint by contacting Accelize as set forth in Section 13.
17.3 European Economic Area.
(a). Processing. Accelize may process users' Personal Data on one or more of the following legal bases:
(b). User's Rights. Subject to applicable laws and regulations, users have the right to:
Users may exercise their rights of access, rectification, erasure, restriction, objection, and data portability by contacting Accelize as provided in Section 15 ("Contacts, Notices, and Revisions").
After a user consents to Accelize's processing of their Personal Data for a specified purpose, they may withdraw such consent at any time, and Accelize will stop any further processing of their data for that purpose.
(c). Cookies. Please refer to the Accelize Cookies Policy.
(d). Transfers Outside of the European Economic Area ("EEA"). When Accelize transfers Personal Data outside the EEA, it does so in accordance with the terms of this Privacy Policy and applicable data protection laws and regulations. This may include the transfer of data in accordance with the Accelize EU-U.S. and Swiss-U.S. Privacy Shield Policy (for transfers to the United States) or pursuant to data transfer agreements that incorporate the Standard Contractual Clauses approved by the EU Commission.
(e). Examples of Information Collected.
(f). Information Users Give To Accelize. Users provide information to Accelize when they:
Depending on a user's use of Accelize Services, they might supply Accelize with such information as:
(g). Automatic Information. Accelize collects information automatically when a user may:
Examples of the information Accelize automatically collects include:
(h). Information from Other Sources. Examples of information Accelize may receive from other sources includes:
(i). Information User Can Access. Examples of information a user can access through Accelize Services includes:
Users can access the information above through Accelize Services, such as User Portal and Vendor Portals.