Simberian Privacy Policy

This Privacy Policy applies to personal information collected, processed, or stored by Simberian web site and via Simberian’s application software and describes the extent of collection and use of personal information by Simberian Inc., USA (Hereinafter – SIMBERIAN). SIMBERIAN is a data controller of personal data processed in accordance with this Privacy Policy. SIMBERIAN has the greatest respect for your privacy and gives special attention to the confidentiality of information submitted to us when you visit our websites (current and future websites, owned or operated by SIMBERIAN, and/or for which SIMBERIAN currently or in the future provides services and/or products, hereinafter – the "Site" or "Sites") or otherwise communicate or interact with us.

This version of the Privacy Policy is effective starting May, 25, 2018.

1. General Provisions
1. This document, SIMBERIAN Privacy Policy (hereinafter – the Policy), contains our policies and provisions concerning the information collected about the User by SIMBERIAN.
2. By visiting our Site and downloading, installing, and using the SIMBERIAN’s software (hereinafter – Applications), you accept all terms and conditions of this Policy.
3. This Policy is a part of a body of documents that set terms and conditions of use of the Site and of Applications respectively. Other documents defining the relationship between the User and SIMBERIAN are Terms of Use and the End User License Agreement (EULA).
4. Unless defined otherwise by this Policy, all terms and definitions used herein shall have the meaning defined in the Terms of Use and EULA.
5. This Policy, including its construction, method of adoption, performing, amending and termination is subject to legislation of the state of Delaware, USA.
2. Personal Information
1. Personal information means information that can be associated with a specific User, including but not limited to: name (pseudonym or nickname), email address, telephone number (e.g., in cases when you request individual technical support or assistance), and information about User’s purchases and activations of Applications (preference categories and other types of preference-related advertising), payment methods, payment currencies or other payment data.
2. For website personalization, we also gather information about the devices you use to access our sites (desktop and mobile); this may include the IP address and other geolocation data, browser type and version, operating system and system language, referring website, time of access and other data.
3. SIMBERIAN processes the personal information that the User provides about themselves by filling out respective forms. For example, when downloading a trial version of an Application from the Site, subscribing to email newsletters, contacting SIMBERIAN for technical support or via feedback forms, etc. SIMBERIAN may set out the requirements to the information that is mandatory to provide the User with our services. If some information is not marked by SIMBERIAN as mandatorily required, the User may submit or disclose such information at his own discretion.
4. Our Privacy Policy is based on the following principles:
• We process user data exclusively for the purposes and according to the methods provided when the data was collected.
• We use the collected data for purposes in addition to those for which it was released only when the user has expressly consented.
• We let third parties access the provided data exclusively for the purposes of performing the service requested and within the context of appointing a data controller.
• We do not disclose the data, assign or transferring it to third parties for their own processing unless the User have been informed in advance and have given their consent.
• We respond to requests for cancelling, changing, or adding the data provided.
• We ensure proper and lawful data management.
• We safeguard the privacy of users and apply appropriate security measures to protect the confidentiality, integrity, and availability of the data provided.
5. If we collect your personal information, the length of time we retain it is determined by a number of factors including the purpose for which we use that information and our obligations under other laws, but no longer than reasonably necessary in light of the purposes above. We may need your personal information to establish, bring or defend legal claims. For this purpose, we retain your personal information for 7 years after the date it is no longer needed by us for any transactions, fulfilling a contract purposes or marketing communications.
6. If the information submitted by you contains personal data, by using our Site, services or products or by providing personal information to us, you freely and voluntarily grant SIMBERIAN written informed consent to process that data for the purposes defined by this Policy. This includes any action (operation) or sequence of actions (operations) performed with or without using automated tools: collecting, recording, sorting, accumulating, storing, specifying (updating, changing), withdrawing, using, transferring (distributing, providing, accessing) information to third parties, including cross-border transfer to other jurisdictions, disclosing or making available, anonymization, restriction, blocking, deleting, and destruction of personal data. The consent can be revoked at any time with immediate effect for the future by emailing us at webmaster@simberian.com.
7. Sensitive information. SIMBERIAN does not collect sensitive personal data such as sexual preferences, religion, political views, or health conditions. We will not request it from you, and neither do we need it.
8. Data on children. Persons under the age of 16 should not transfer personal information to us unless they have a verifiable permission of their parent(s) or legal guardian(s). Our Site, products and services are intended for users who are 16 years of age and older. We do not knowingly collect such data, but if a parent, guardian or anyone else becomes aware of personal information we have collected from an individual under the age of 16, please contact us.
9. Your personal data is protected by legal rights, which include your right to request access to your personal data; object to or restrict our processing of your personal data; request that your personal data is erased or corrected; export your data in a machine-readable format; transmit those data to another controller. For more information or to exercise your data protection rights, please contact us using the contact details below. You can always update or delete your personal information on our sites. If at any time you would like us to delete or change any of your personal information, just email us at webmaster@simberian.com.
3. Anonymized Data
1. When you use the Site or Applications, anonymized data may be transmitted automatically to SIMBERIAN. The data transmitted includes but is not limited to: your IP-address, location (country, area, city), browser version, traffic source, hardware model and other device-specific information, operating system version, unique device identifiers, statistical information about your actions on the Site and Application use, information about the data that is being sent and received via the Application.
2. Anonymized data may be collected and/or processed using the services of the third parties, such as:
• analytics services;
• social network plugins;
• other systems and services that use and process anonymized user data.
4. Credit Card Purchases
1. If you use a credit card to purchase a SIMBERIAN product, the credit card number is encrypted as it passes over the Internet. The information about your credit card is not kept in or recorded by SIMBERIAN, it is simply transferred to your bank, credit card company, and payment processing company. In this respect, an online credit card purchase is similar to a credit card purchase at any store.
2. Such information about the User as the name, email address and purchased product is kept by SIMBERIAN for further delivery and/or registration of the product.
5. Use of Personal Information
1. SIMBERIAN uses Personal information for the following purposes:
• Execution and performance of License agreements with the User;
• Identification of the User in the course of fulfilling SIMBERIAN’s obligations under the agreements with the User;
• Communication with the User for the purposes of informational support and improvement of the Applications, including notification through third parties;
• Distribution of advertising materials of SIMBERIAN and/or third parties among Users as the targeted audience;
• Targeting of advertising and/or informational materials.
2. SIMBERIAN may share Personal information with service providers that provide services on our behalf when it is necessary for provision of such services within the limits of the purposes listed above.
6. Use of Anonymized Data
1. SIMBERIAN uses anonymized data for the following purposes:
• Improvement of the Site and Applications;
• Communication with the User for the purposes of informational support and improvement of the Applications, including notification through third parties;
• Distribution of advertising materials of SIMBERIAN and/or third parties among Users as targeted audience;
• Targeting of advertising and/or informational materials by age, gender or other attributes;
• Marketing, statistic and other research based on anonymized data.
2. SIMBERIAN may provide anonymized data to with service providers that provide services on our behalf when it is necessary for provision of such services within the limits of the purposes listed above.

3.       Cookie Notice. This notice is designed to help you understand what cookies are, how SIMBERIAN uses them and the choices you have in regards to their use. By continuing to use our sites, you are agreeing to use of cookies in the manner described in this notice.

What are cookies?
Cookies are small text files that are stored on your browser or the hard drive of your computer or other device when you visit our Site. This allows the Site to recognise you as a user either for the duration of your visit (using a ‘session cookie’) or for repeat visits ( a ‘persistent cookie’). They are not harmful and do not contain any information such as your home address, date of birth or credit card details.

The cookies we use fall into four broad types:

Strictly Necessary Cookies
These cookies are essential for helping you to navigate our Site and use its features, such as accessing secure areas of the website. Without these cookies, the services you have asked for, such as setting up an account cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you've been on the Internet.

Analytical/Performance Cookies
In order to keep the Site, services, and products relevant, easy to use and up to date, we use web analytics services to help us understand how people use our Site. For example, we can see which parts of the Site and products are most popular, identify when errors occur, and test different versions of a page or feature to see which one works best.

Functionality Cookies
These cookies allow websites and applications to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. The information these cookies collect is usually anonymised which means we cannot identify you personally. They do not gather any information about you that could be used for selling, advertising, or remembering where you've been on the Internet, but help us provide advertising that is more relevant to you.

Targeted Marketing Cookies
We also use cookies to assist in targeted advertising. Without these cookies, online advertisements you encounter will be less relevant to you and your interests. We also use them to measure the effectiveness of our marketing communications, for example by telling us if you have responded to an advert that we have sent you.

The information stored in cookies is safe and anonymous to any external third party, and your account security is never compromised. For information on how to disable cookies, please consult the "Help" tab of your browser via the menu bar. Should you need any help, please contact us via email below.

7. User’s Consent to Receiving Information from SIMBERIAN
1. Our Site and Applications offer news and information regarding our products by subscription, including email newsletters. If you decide to subscribe to these services, you may be asked to provide your email address. By doing so, you agree to receive emails from SIMBERIAN with information about updates and any other information related to the Applications, as well as other types of information from SIMBERIAN, including advertisements. We may use the information you provide to help develop content that is relevant to our users. You are free to cancel your subscription(s) at any time.
2. To cancel your subscription, follow the instructions in the bottom of the letter or email us at support@simberian.com and a request deletion of your data from the mailing list. In this case, SIMBERIAN will keep your Personal information in its database, but will not contact you unless you change your mind on this issue.
8. Confidentiality of User Information
1. SIMBERIAN stores information of Users and takes necessary and sufficient organizational and technical security measures of protection from unauthorized access and disclosure in compliance with internal rules and procedures (including GDPR).
2. We maintain administrative and technical safeguards for the protection of personal information. These safeguards include the following:
• Administrative safeguards: Access to the personal data of users is limited to authorized personnel who have a legitimate need to know based on their job descriptions — for example, employees who provide technical support to end users. All such data is subject to password protection. In the case of third-party contractors who process personal information on our behalf, similar requirements are imposed.
• Technical safeguards: Access to user information in our database by Internet is not permitted except through an encrypted virtual private network (VPN). Other access is limited to our physical premises; the removal of personal data from our location is forbidden. Third-party contractors who process personal data on our behalf agree to provide reasonable physical safeguards.
9. Third Parties
1. To implement purchases in Applications SIMBERIAN uses services of third parties.
   Some types of third parties with whom we share your data are:
• IT companies: SIMBERIAN works with businesses that support our website and other business systems.
• Marketing companies: we work with marketing companies that help us manage our electronic communications with you or carry out surveys and product reviews on our behalf.
• Distributors: we work with companies that sell and supports SIMBERIAN software.
• Payment processing: SIMBERIAN works with trusted third party payment processing providers in order to securely take and manage payments.

If you prefer that we not share your information with third parties for marketing purposes, please contact us by email: webmaster@simberian.com.

2. The Site and Applications may contain links to third-party websites. When the User follows these links he leaves the Site/Application, so SIMBERIAN takes no responsibility for the safety of User Data during the use of third-party websites. Such websites may have their own privacy policy setting out the rules of collection and storage of User Data. This Policy does not cover the data which is submitted to, stored or used by third-party websites. We recommend that you carefully review the privacy policy of such third parties when using their websites.
3. SIMBERIAN is not responsible for the use of User data by the third parties that the User interacts with in the course of using the Application.
9. Other Disclosures of Personal Information
1. SIMBERIAN may disclose Personal information to third parties in the following cases:
• At the User’s expressed consent to such disclosure.
• The transfer of SIMBERIAN’s assets to possession, use or ownership of a third party including assignment of rights under the executed agreements with the User to such third party.
• At the request of a court or other authorized governmental agency to the extent required under applicable legislation.
• For the purpose of protection of SIMBERIAN's rights with respect to the breach of agreements executed with the User.
10. Amendments
1. This Policy may be amended or cancelled by SIMBERIAN at its own discretion without prior notification of the User. We recommend that you regularly read the latest version of the Privacy Policy.
2. A new version of the Policy is effective from the moment of its publication unless specified otherwise by such new version of the Policy.
3. The currently effective version of the Policy is available at SIMBERIAN’s Site at www.simberian.com/PrivacyPolicy.php.

We highly value your trust and are always ready to answer your questions about the handling of your personal data.

If you have any questions or concerns, contact us at info@simberian.com.

Registered office
Simberian Inc.
2629 Townsgate Rd., Suite #235
Westlake Village, CA 91361, USA


Read more: www.simberian.com/PrivacyPolicy.php © Simberian Inc.