Privacy

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 understand that privacy is exceptionally important to the individuals that use our Sites and Services. The purpose of this Privacy Policy is to plainly and transparently disclose to you how we collect, use and share information, and how we attempt to safeguard the data you provide to us.

This Privacy Policy does not apply to any software applications or products sold, licensed or distributed by PKWARE, even if such software applications may be obtained from a Website. Certain PKWARE software applications may collect and report to PKWARE data or information such as total activated licenses, anonymized Software usage statistics, email domains, and/or public encryption key(s). The terms and conditions regarding any software application shall be set forth in the particular software license agreement for such software application.

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.

Please contact us at any time with any questions or concerns about this Privacy Policy, or to exercise any of your rights under this Privacy Policy or applicable law.

Email us at privacy@pkware.com

Mail us or call us at:

1.414.289.9788

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”):

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 do not share, sell, or otherwise disclose your personal data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal data that we collect or you provide as described in this Privacy Policy: (a) to our subsidiaries and affiliates; (b) to contractors, service providers, and other third parties we use to support our business – these entities provide IT and infrastructure support services; (c) to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PKWARE’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by PKWARE about our Sites’ and Services’ users is among the assets transferred; (d) to fulfill the purpose for which you provide it; (e) for any other purpose disclosed by us when you provide the information; and (f) with your consent

We may also disclose your personal data: (x) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (y) to enforce or apply our terms of use or terms of sale and other agreements, including for billing and collection purposes; and (z) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PKWARE, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Cookies

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 .

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be transferred to your device, including how to disable such technologies. However, if you do not consent to our use of cookies or select these settings, you may be unable to access certain parts of our Sites or Services. Instructions for blocking or allowing cookies in common web browsers are provided at the links below:

• Internet Explorer 7 and 8
• Firefox
• Google Chrome
• Apple Safari
• AboutCookies.org

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.

You may not opt-out of our use of the Salesforce Pardot tool unless you contract us directly and request to opt-out: at privacy@pkware.com.

Some third parties may also collect data from you through cookies and other related scripts. The information that they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites and online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. The use of third-party cookies is not covered by our Privacy Policy, as we do not have access or control over these cookies. You may visit the following links from our third-party partners to opt-out of their tracking and learn about their privacy practices:

Google Analytics:

• To view Google’s privacy policy, please visit: http://www.google.com/policies/privacy/.
• 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.

Contact Form

PKWARE does not require users to register with or provide information to PKWARE in order to view the Site(s). Most information contained on the Site is available without supplying personal data. In the event you affirmatively act to provide your information to PKWARE, to contact PKWARE, to request additional information via the Site, email, or in person; to purchase products, or to use the Services, you agree to the terms of this Privacy Policy with respect to the collection and use of your contact and personal data for PKWARE’s legitimate business interests.

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

This Privacy Policy only applies to our Site and does not apply to the following:

1. 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.
2. 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:

1. Consent. By using our Sites or Services, you consent to our collection, use, and sharing of your personal data as described in this Privacy Policy. If you do not consent to this Privacy Policy, please do not use the Sites or Services;
2. 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;
3. 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
4. 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.

If you have any concerns regarding our processing of your personal data, or are not satisfied with our handling of any request by you in relation to your rights, please get in touch with our team through the contact information provided in Section 2 of this Privacy Policy. You also have the right to make a complaint to the Information Commissioner’s Office (“ICO”). The ICO is the UK’s independent body set up to uphold information rights. You can find out more about the ICO on its website (https://ico.org.uk/). Their address is:

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.

Utah Residents

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

Electronic communication is the most effective and timely way to provide the users of our Site with any optional or required notifications and disclosures. In some circumstances, however, applicable laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Privacy Policy, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copies of any electronic notifications you receive, please contact: privacy@pkware.com. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.

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.

Your Personal Data is transferred by PKWARE to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with this Privacy Policy when we transfer it to a third party, we use Data Protection Agreements between PKWARE and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third country. You may request a copy of the Data Protection Agreement by contacting us through the contact information above.

Changes to This Privacy Policy

We reserve the right to change the terms of this Privacy Policy. Any changes to our Privacy Policy will be placed here and will supersede this version of our Privacy Policy. By continuing to use our site, you agree to the terms of this and any updated versions of this Privacy Policy. We will email you or otherwise provide notice to you of any changes when:

• we are making substantial changes, or
• we are doing something with your personal data, which you might not expect based on what we have told you in this privacy policy.

PKWARE Privacy Policy Addendum for California Residents

Effective Date: 3/13/2020
Last Reviewed: 3/13/2020

This Privacy Policy Addendum for California Residents (the “California Privacy Addendum“) describes our collection and use of Personal Information and supplements the information contained in PKWARE’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you“). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA“) and any terms defined in the CCPA have the same meaning when used in this notice.

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:

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

We may use, “sell” for monetary or other valuable consideration, or disclose the personal information we collect and, over the prior twelve (12) months, have used, “sold” for monetary or other valuable consideration, or disclosed the personal information we have collected, for one or more of the business or commercial purposes described in our Privacy Policy.

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

PKWARE obtains the categories of personal information listed above from the categories of sources described in our Privacy Policy.

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

As noted in our general Privacy Policy, we do not sell your personal information as the term “sell” is commonly understood to require an exchange for money. However, the California State Attorney General may issue guidance on whether the use of advertising and analytics cookies on our Website may be considered a “sale” of Personal Information as the term “sale” is broadly defined in the CCPA to include both monetary and other valuable consideration. Until such guidance has been issued, we continue to consider it a “sale” in order to be as transparent as possible with users of our Website and will comply with the restrictions of the “sale” of this information to the extent technologically feasible. This “sale” would be limited to our use of third-party advertising and analytics cookies and their use in providing you behavioral advertising and their use in understanding how people use and interact with our Website(s).

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.

Authorized Agents

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:

1. 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.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. 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.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. 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:

• Emailing us at privacy@pkware.com
• 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:

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into the sale of personal information at any time by emailing privacy@pkware.com.

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.

Non-Discrimination

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.

Changes to Our Privacy Policy

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.

Contact Information

If you have any questions or comments about this notice, the ways in which PKWARE collects and uses your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us through the contact information specified in the Privacy Policy.