Who We Are
PKWARE, Inc. (“PKWARE,” "we," "us," or "our") provides enterprise data security that protects and manages data wherever it is used, shared and stored. We provide a variety of products and solutions for our customers. We also maintain publicly accessible websites, including (without limitation) www.pkware.com, support.pkware.com, www.smartcrypt.com (“Sites”). Through our Sites, we offer products and product updates; provide information and resources; and offer support center services, technical support services, product documentation and contact forms (“Services”).
We are committed to securing data that we collect concerning you (“you”) and complying with applicable data protection and privacy laws. We maintain internal customer information privacy policies and use technologies designed to safeguard your information and communications from unauthorized intrusions and access.
Data Controller and How To Contact Us
PKWARE is the data controller of your personal data. We are not required to appoint a Data Protection Officer or a representative in the EU, and we have elected not to do so.
Mail us or call us at:PKWARE
201 E. Pittsburgh Avenue, Suite 400
Milwaukee, WI 53204
Protecting Your Privacy Generally
We take measures to monitor and update our privacy and data collection and storage policies and procedures designed to meet or exceed industry security standards.
- Industry-Standard Protection. We utilize security measures to safeguard the information we collect, maintain and use. These measures include technical and procedural steps to protect your data from misuse, unauthorised access or disclosure, loss, alteration or destruction. However, PKWARE does not guarantee the performance or adequacy of such security measures.
- Limitation on Access. Access to any personal data we collect and store is generally restricted to those employees and/or contractors who require it to perform a job or other contracted function. We require vendors and contractors we work with to use reasonable technical and organizational controls to maintain the confidentiality, security, and integrity of information.
- Children. We do not intentionally collect any personal data from children under the age of sixteen (16). If you are under 16, please do not use our Site or Services or provide personal data to us, including your name, address, telephone number, email address, or any other information. If we discover any personal data of children under 16 has been collected without verifiable parental consent, we will immediately delete the information. If you believe we might have any information directly from a child under 16, please contact us at the contact information listed above.
Why We Collect and How We Use Personal Data
We collect and share information to: (a) provide our Sites and Services; (b) provide information about our products and Services; (c) provide information about data security and privacy; (d) learn more about our customer’s preferences; (e) enhance, personalize and support your experience on our Sites; (f) enhance and develop our products and Services based on your direct comments and/or on the pages or information you view on our Sites; (g) analyze the traffic to our Sites; (h) carry out our obligations and force our rights arising from any contracts entered into between you and us, including for billing and collection; and (i) to notify you about changes to our Sites or Services. We may also use your personal data in any other way that we may describe when you provide the information, to fulfill any other purpose for which you provide it, or for any other purpose with your consent.
We may provide you the opportunity to consent to receive commercial email from us related to our products or Services, or other information we believe you may be interested in receiving when you seek information from us. We will give you the opportunity to opt-out from receiving any unsolicited information from us or to limit the unsolicited information you receive from us to information regarding our products and/or Services, or other information you have specifically requested, including by clicking the “unsubscribe” link at the bottom of any commercial email you receive from us.
We do not use your personal data with any automated decision making process, including profiling, which may produce a legal effect concerning you or which may similarly significantly affect you.
Collection of Information
We collect and process the following information about you (“personal data”):
|Information you give to us||Information we collect from you||Information we collect from you with third-party processors|
You provide information to us when you affirmatively provide it to us. For example, you provide information each time you: (a) request, obtain or purchase products or Services from us; (b) download any information from our Site; (c) fill in a form on our Site to contact us with an inquiry; (d) correspond with us by phone, e-mail or otherwise; (e) use our online Services on any of our Sites; (f) enter any promotions; (g) provide us with information requested by us for the verification of your identity; and (g) when you report a problem with our Site(s). We may also collect information about you when you when you participate in or register for one of our promotions, events or surveys.
The type of information you give us may include your:
Each time you visit our site, we may automatically collect the following information:
PKWARE records and compiles aggregate demographic data related to our users in order to manage the Services offered. PKWARE collects and analyzes data about the use of the Site(s) to improve service and to improve user experience. As set forth in the section on Cookies below, PKWARE may also use other externally hosted services (e.g. Google Analytics) to collect data.
We also collect information about you using the following third-party sources:
We require our third-party vendors have industry standard security protocol and are in compliance with applicable laws.
We use this information to process our orders, improve our sales process and communications with our customers and prospective customers. We also use this information to improve your experience on our Site(s).
We do not ask you to provide, and we do not knowingly collect, any special categories of personal data, including personal data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade unions membership, or personal data concerning your health or data concerning your sex life or sexual orientation or history of criminal convictions.
Disclosure of Your Personal Data
We use “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts) to help provide you a better, more personalized user experience. For users in the EEA, we only place cookies (other than strictly necessary cookies described below) on your device with your consent). These technologies are used to:
- Make the user experience more user friendly;
- Remember your preferences (e.g., browsing language, usage preferences);
- Help us understand and improve how visitors use our Site(s), including which of our pages and products are viewed most frequently; and/or
- Improve our communications and experience for you .
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our websites. They include, for example, cookies that enable you to log into secure areas of our websites, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our websites when they are using it. This helps us to improve the way our websites works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our websites. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our websites, the pages you have visited and the links you have followed. We will use this information to make our websites and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
|Cookie Name||Cookie Category||Purpose|
- To opt-out, please download and install the Google Analytics opt-out browser add-on by visiting: https://tools.google.com/dlpage/gaoptout.
Although not all cookies and similar technologies that we use are required for you to use the Services, disabling these technologies altogether could prevent the Services from working properly and disable features that allow you to take full advantage of the Services we offer.
Third-Party Service Processors
We do not control the collection and use of your information collected and used by third parties. We require these third parties to process your personal data in a manner that is consistent with and which respect the applicable laws on data security and privacy. Where possible, these organizations are also under contractual obligations to use personal data only for providing the services to us and maintain this information strictly confidential. These third parties may, however, aggregate and/or anonymize the information they collect with information from their other customers for their own purposes.
WHAT HAPPENS IF YOU DON'T PROVIDE YOUR PERSONAL DATA?
If you choose to limit the information you provide to us (or, in some circumstances, provide no personal data at all) then we may be unable to provide you with the products, services or information you have expressed an interest in, or which we have a contract to provide to you. We may also be unable to provide you with access to some or all of our Sites (or their functionality).
Securing Your Personal data
We have implemented methods designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, or disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, however, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Sites or Services.
Retaining Your Personal data
We will retain your personal data for the entire time that you keep your account open. After you close your account, we will take steps to ensure that the personal data that we hold about you is retained for only as long as it is necessary for the purpose for which it was collected or any legal requirement. We apply criteria to determine the appropriate retention period for different categories of personal data that we hold about you. For example, we will keep information necessary to protect us in a legal claim up to 7 years after termination of the contract. After this period it will be deleted to the extent reasonably possible, and in compliance with our data retention policies. We will keep data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable indefinitely.
Social Media and Other Websites You Visit
- any social media posts or comments that you make which are about us, or addressed to us on social media platforms or websites (for example, Twitter, LinkedIn and Facebook). Any such posts or comments will be shared by you under the terms of the relevant social media platform or website on which they are published.
- Links contained on our site, including links to any advertisers.
We recommend that you review the terms and conditions and privacy policies of the relevant social media platforms and other websites which you visit, to understand how they use your information.
Do Not Track
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Sites do not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.
Legal Basis for Processing Your Information
Our business, systems and Site are designed to comply with all relevant and appropriate national and international legislation with regards to data protection and user privacy, including (without limitation) the General Data Protection Regulation (“GDPR”).
If you are in the European Union, the processing of your personal data is lawful only if it is permitted under the applicable data protection laws. We have one or more of the following lawful bases for each of our processing activities:
- Legitimate Interests. We will process your personal data as necessary for our legitimate interests. Our legitimate interests are balanced against your interests and rights and freedoms and we do not process your personal data if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between PKWARE and you; detect and correct bugs and to improve our Sites and Services; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; promote and market our business; check your credit and perform risk assessments; develop our products and services;
- To Fulfill Our Obligations to You under our Contract. We process your personal data in order to fulfill our obligations to you pursuant to our contract with you to deliver our goods and services to you; and
- As Required by Law. We may also process your personal data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
Your Rights If You Reside In The European Economic Ares
If you reside in the European Economic Area, you have a number of rights under data protection laws in relation to the way we process your personal data. These are set out below. You may contact us directly to exercise any of these rights, and we will respond to any request received from you within one month from the date of the request. In very exceptional circumstances we may need to extend this timescale, but we will always tell you in advance if we do, and our reasons why.
|Right||Description of your right|
|Access||A right to access personal data held by us about you, as well as information about how we are using your data.|
|Rectification (update)||A right to require us to rectify any inaccurate personal data held by us about you. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.|
|Right to be Forgotten (erasure)||A right to require us to erase personal data held by us about you, and where the personal data has been made public, for other controllers processing the personal data to also erase links to, or copy or replication of, such personal data. We cannot delete some of your personal data except by also deleting your user account. This right will only apply where (for example): we no longer need to use the personal data to achieve the purpose we collected it for; or where you withdraw your consent if we are using your personal data based on your consent; or where you object to the way we process your data (in line with Right 6 below). In addition, we cannot completely delete your personal data as some of it may rest in previous backups – these will be retained for the periods set forth in our disaster recovery policies.|
|Restrictions||A right to restrict our processing of personal data held by us about you. This right will only apply where (for example): you dispute the accuracy of the personal data held by us; or where you would have the right to require us to erase the personal data but would prefer that our processing is restricted instead; or where we no longer need to use the personal data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims.|
|Portability||A right to receive personal data, which you have provided to us, in a structured, commonly used and machine readable format. You also have the right to require us to transfer this personal data to another organisation when technically feasible, at your request.|
|Objection||A right to object to our processing of personal data held by us about you (including for the purposes of sending marketing materials to you).|
|Withdrawal of Consent||
A right to withdraw your consent, where we are relying on it to use your personal data (for example, to provide you with marketing information about our services or products).
Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow SK9 5AF
State Specific Rights
The law in some states may provide you with additional rights regarding our use of personal data. To learn more about any additional rights that may be applicable to you as a resident of one of these states, please see below.
Your California Privacy Rights
If you are a resident of California, you have the additional rights described in the California Privacy Addendum.
If you are a resident of Utah, we do not disclose a user’s personal data to any third-party for such third-party’s direct marketing purposes.
Consent to Receive Electronic Notifications
Consent to processing of personal data in the United States
In order to provide our Sites and Services to you, we may send and store your personal data in various countries, including the United States. Accordingly, your personal data may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal data as provided under your local law. Your information may be processed and stored in the United States and the United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using our Sites or Services, you represent that you have read and understood the foregoing and hereby consent to the storage and processing of personal data that we collect on our Sites and through our Services in the United States.
- we are making substantial changes, or
Note that this California Privacy Addendum does not apply employment-related personal information collected from our California-based employees, job applicants, contractors, or similar individuals. Please contact your local human resources department if you are a California employee and would like additional information about how we process your Personal Information.
Where noted, this California Privacy Addendum also does not apply to personal information reflecting a written or verbal business-to-business communication ("B2B Personal Information"). Unless otherwise noted, this exemption will expire on January 1, 2021.
Information We Will Collect
Our Site and Services collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, PKWARE’s Site and Services collect, and over the prior twelve (12) months have collected, the following categories of personal information from our consumers:
|Category||Applicable Pieces of Personal Information Collected|
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||"A name, electronic signature, address, telephone number, and credit card or debit card number (collected by our third party payment processor for payment processing). Some personal information included in this category may overlap with other categories."|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.|
Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Use of Personal Information
PKWARE will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sources of Personal Information
Sharing Personal Information
PKWARE may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, PKWARE has disclosed the following categories of personal information for a business purpose to the listed categories of third parties:
- A. Identifiers: Categories of Third Parties: Service Providers, affiliates, parents, and subsidiary organizations of PKWARE, internet cookie information recipients, such as analytics and behavioral advertising services.
- B. California Customer Records personal information categories: Categories of Third Parties: Service Providers, affiliates.
- D. Commercial information: Categories of Third Parties: Service Providers.
- F. Internet or other similar network activity: Categories of Third Parties: Service Providers, Internet cookie information recipients, such as analytics and behavioral advertising services.
Sales of Personal Information
In the preceding twelve (12) months, PKWARE has "sold" the following categories of personal information to the following categories of third parties for monetary or other valuable consideration:
- A. Identifiers: Categories of Third Parties: advertisers and advertising networks, internet cookie information recipients.
- B. Internet or other similar network activity: Categories of Third Parties: advertisers and advertising networks, internet cookie information recipients.
We do not knowingly sell the personal data of minors under the age of 16 for monetary or other valuable consideration without affirmative authorization.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. You may exercise these rights yourself or through your authorized agent.
You may authorize your agent to exercise your rights under the CCPA on your behalf by registering your agent with the California Secretary of State. You may also provide your authorized agent with power of attorney to exercise your rights. If you authorize an agent, we may require that your agent provide proof that they have been authorized exercise your rights on your behalf. We may request that your authorized agent submit proof of identity We may deny a request from your agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.
Access to Specific Information and Data Portability Rights
You have the right to request that PKWARE disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request). We will not disclose your social security number, driver’s license number or other government-issued identification number, financial account number, health insurance or medical identification number, or your account password or security question or answers. We will also not provide this information if the disclosure would create a substantial, articulable, and unreasonable risk to your personal information, your account with PKWARE, or the security of our systems or networks.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B personal information.
Deletion Request Rights
You have the right to request that PKWARE delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for B2B personal information.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Contacting us by phone: 414.289.9788
- Contacting us through postal mail: PKWARE; 201 E. Pittsburgh Avenue, Suite 400; Milwaukee, WI 53204
Only you, or your agent that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child with proof that you are the child’s parent or guardian. To designate an authorized agent, see above. We may request additional information so we may confirm a request to delete your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
We will respond to a verifiable consumer request within ten (10) days of its receipt. We will generally process these requests within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Opt-Out and Opt-In Rights Regarding the "Sale" of Your Personal Information
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.
Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may adjust your cookie preferences by reading this page:
You do not need to create an account with us to exercise your opt-out rights. You may be required to provide us with additional contact information so that we may verify your request to opt-in to the sale of your personal information. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently do not offer any financial incentives.
Other California Privacy Rights
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Sites that are California residents and who provide personal information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of personal information to third-parties for their own direct marketing purposes. We currently do not disclose any personal information to any third-party for such third-party’s direct marketing purposes and therefore have no obligation to provide further information if you make such a request.
PKWARE reserves the right to amend this California Privacy Addendum at our discretion and at any time. When we make changes to this California Privacy Addendum, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.