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Effective date: 08/15/2022
Customers may collect and manage Personal Data when using the Service. Gordian processes such data as a processor under the direction of our customers. Our customers, as data controllers, are responsible for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to collecting their customers’ Personal Data using the Service. Please see the below section "Information We Collect and Process When You Use the Service" for more information.
1. What Information We Collect About You
a. Information You Provide to Gordian. When you interact with us via our websites or use the Service, we may collect Personal Data and other information from you, as further described below.
· When You Visit Our Websites. We collect Personal Data from you when you submit web forms or interact with our websites, for example requesting more information or customer support. We may ask for your email address, first and last name, and other similar business information.
· Use of Our Services. We collect Personal Data when you use Gordian’s Services.
b. Information We Collect and Process When You Use the Service
· Log Files. When you visit our website or when you use our Services, we automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses.
· Usage Data. We collect usage data when you interact with our Services. We engage third-party providers to collect usage data, and we only share data with these providers in an unidentified manner. Usage data includes metrics and information regarding your use and interaction with the service and products.
c. Information We Process on Behalf of Customers and Third Parties
· When customers and third parties use our products and services, they collect Personal Data such as first and last name, email address, physical address, phone number, or other information about individual travelers. We do not control the types of Personal Data that our customers may choose to collect using our products or services. We store our customers' information on our service providers' servers but process it as a process or under our customers’ instructions, which prohibit us from using the information except as necessary to provide and improve our Services and as required by law.
· Our customers control and are responsible for correcting, deleting or updating the information they process using the Service and for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring the Personal Data to Gordian for processing purposes.
2. How We Use Your Information
a. To Provide the Product and Services
· To Market and Promote the Service. We use the information you provide to Gordian to market and promote the products and services. For example, we use the information, like your email, to send information which we think may be of interest to you and in accordance with your communication preferences. We may also reach out to you to ask about other Gordian products or services you may be interested in.
· To Communicate with You About the Services. We use the data you provide to Gordian when signing up for the Service to contact you via email notification about billing, account management, and other administrative matters. We communicate with you about security incidents via email. We also use your information to provide customer support, such as resolving technical issues you encounter and analyzing product outages or bugs.
· To Provide and Improve the Service. We use your information to provide the product and services to you. For example, we may use the email address you provide for access to the product, and we use your payment information to process payments for use of the Service. We collect data about how our products and services are used by monitoring and tracking our product's users. We use this data to develop and improve our products and services. For example, we use usage data to assess trends and usage across the product to help us determine what new features or integrations our users may be interested in. We may share usage data externally but will only do so in an anonymized and/or aggregated manner to build and improve product features.
· To Secure and Protect our Product and Gordian Users. We use your Gordian account information to investigate and help prevent security incidents. We may also use this information to meet legal requirements.
· Log Files. Log files are used by Gordian to provide general statistics regarding use of the websites. For these purposes, we do link this automatically-collected data to other personal data such as name, email address, address, and phone number. We also use log files to troubleshoot and investigate security incidents.
b. Legal Basis for Processing Personal Data (EEA and UK visitors only)
· If you are a website visitor located in the European Economic Area ("EEA") or United Kingdom ("UK"), our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only where we have your consent to do so or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.
3. How We Share Information We Collect
a. Third Parties and Services Providers
· We employ other third parties and service providers to provide services on our behalf to our website visitors, our customers, and users of the product and services. We may need to share your information with service providers to provide information about products or services to you. Examples may include analyzing data or performing statistical analysis on your use of the Service or interactions on our websites, processing credit card payments, supplementing the information you provide us in order to provide you with better service, developing and improving the product and services, and providing customer service or support. These service providers are prohibited from using your Personal Data except for these purposes, and they are required to maintain the confidentiality of your information. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and data protection policies and standards.
b. Compelled Disclosure
· We reserve the right to use or disclose your Personal Data if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. If you use the Service, all Personal Data that you collect via the Services are considered confidential information.
4. How We Transfer Data We Collect Internationally
a. International Transfers to Third Parties
5. How We Store and Secure Your Information
a. Data Storage and Security
· We use a variety of security technologies and procedures to help protect your Personal Data from unauthorized access, use or disclosure. We secure the Personal Data you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Data is protected using appropriate physical, technical and organizational measures.
b. Retention of Personal Data
· How long we keep information we collect about you depends on the type of information and how we collect and store it. After a reasonable period of time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.
We retain Personal Data that you provide to us where we have an ongoing legitimate business need to do so (for example, as needed to comply with our legal obligations, resolve disputes and enforce our agreements).
When we have no ongoing legitimate business need to process your Personal Data, we securely delete the information or anonymize it or, if this is not possible, securely store your Personal Data and isolate it from any further processing until deletion is possible. We will delete this information at an earlier date if you so request, as described in the section "How to Access & Control Your Personal Data" below.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our content, products, or services, such as when you last opened an email from us or ceased using your Gordian account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
6. Cookies and Similar Technologies
· When you visit our website or request more information about Gordian, we collect information automatically using tracking technologies, like cookies and tracking pixels.
7. How to Access & Control Your Personal Data
a. Reviewing, Correcting and Removing Your Personal Data. You have the following data protection rights:
· You can request access, correction, updates or deletion of your Personal Data.
· You can object to our processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data.
· If we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
· You have the right to complain to a data protection authority about our collection and use of your Personal Data.
To exercise any of these rights, please contact us. We will respond to your request to change, correct, or delete your data within a reasonable timeframe and notify you of the action we have taken. If you are a customer, prospect, or otherwise interact with a Gordian customer that uses our Service and would like to access, correct, amend or delete your data controlled by the customer, please contact the relevant customer directly. Gordian acts as a processor for our customers and will work with our customers to fulfill these requests when applicable.
b. To Unsubscribe from Our Communications. You may unsubscribe from our marketing communications by contacting us. Customers cannot opt out of receiving transactional emails related to their account with us or the Service.
c. To Unsubscribe from Our Customers' Communications. Our customers are solely responsible for their own marketing emails and other communications; we cannot unsubscribe you from their communications.
8. California Privacy Rights
a. Applicability. This section applies only to California consumers. For purposes of this section "Personal Information" has the meaning given in the California Consumer Privacy Act(“CCPA”). It describes how we collect, use, and share California consumers 'Personal Information in our role as a business, and the rights applicable to such residents. The California Consumer Privacy Act ("CCPA") requires businesses to disclose whether they sell Personal Information. Gordian is a business, and does not sell Personal Information. We may share Personal Information with third parties if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Information.
b. How We Collect, Use, and Share your Personal Information. We have collected the following statutory categories of Personal Information in the past twelve (12) months:
· Identifiers, such as name, e-mail address, mailing address, and phone number. We collect this information directly from you or from third party sources.
· Commercial information, such as product user records. We collect this information directly from you.
· Internet or network information, such as browsing and search history. We collect this information directly from your device.
· Geolocation data, such as IP address. We collect this information from your device.
· Financial information, such as payment information or financial account numbers in the process of providing you with a Service. We collect this information from you.
· Other Personal Information, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Service.
c. Your California Rights
· You have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted bylaw.
The right of access means that you have the right to request that we disclose what Personal Information we have collected, used and disclosed about you in the past 12 months.
The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.
Gordian does not sell Personal Information to third parties (pursuant to California Civil Code §§ 1798.100–1798.199, also known as the California Consumer Privacy Act of 2018).
d. How to Exercise Your California Rights
· You can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent's identity to protect your Personal Information.
· Please use the contact details below, if you would like to: Access this policy in an alternative format; Exercise your rights; Learn more about your rights or our privacy practices; or Designate an authorized agent to make a request on your behalf.
9. Data Protection Officer
10. Other Important Privacy Information
a. We Never Sell Personal Data. We will never sell your Personal Data to any third party.
b. Information About Children. The website is not intended for or targeted at children under 16, and we do not knowingly intentionally collect Personal Data about children under 16. If you believe that we have collected Personal Data about a child under 16, please contact us at reed@gordiansoftware so that we may delete the information.
Welcome to Gordian Software Inc
Gordian Software Inc (“us”, “we”, or “our”) operates https://www.gordiansoftware.com (hereinafter referred to as “Service”).
SERVICE means the https://www.gordiansoftware.com website operated by Gordian Software Inc
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
(a) Email address
(b) First name and last name
(c) Address, State, Province, ZIP/Postal code, City
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by emailing at firstname.lastname@example.org.
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
(a) Session Cookies: We use Session Cookies to operate our Service.
(b) Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
(c) Security Cookies: We use Security Cookies for security purposes.
(d) Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
Gordian Software Inc uses the collected data for various purposes:
(a) to provide and maintain our Service;
(b) to notify you about changes to our Service;
(c) to allow you to participate in interactive features of our Service when you choose to do so;
(d) to provide customer support;
(e) to gather analysis or valuable information so that we can improve our Service;
(f) to monitor the usage of our Service;
(g) to detect, prevent and address technical issues;
(h) to fulfill any other purpose for which you provide it;
(i) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
(j) to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
(k) to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
(l) in any other way we may describe when you provide the information;
(m) for any other purpose with your consent.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
We may disclose personal information that we collect, or you provide:
(a) Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
(b) Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
(c) Other cases. We may disclose your information also:
(i) to our subsidiaries and affiliates;
(ii) to fulfill the purpose for which you provide it;
(iii) with your consent in any other cases;
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at email@example.com.
In certain circumstances, you have the following data protection rights:
(a) the right to access, update or to delete the information we have on you;
(b) the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
(c) the right to object. You have the right to object to our processing of your Personal Data;
(d) the right of restriction. You have the right to request that we restrict the processing of your personal information;
(e) the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
(f) the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
According to CalOPPA we agree to the following:
(a) users can visit our site anonymously;
(d) users are able to change their personal information by emailing us at firstname.lastname@example.org.
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:
(a) What personal information we have about you. If you make this request, we will return to you:
(i) The categories of personal information we have collected about you.
(ii) The categories of sources from which we collect your personal information.
(iii) The business or commercial purpose for collecting or selling your personal information.
(iv) The categories of third parties with whom we share personal information.
(v) The specific pieces of personal information we have collected about you.
(vi) A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
(vii)A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.
(b) To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
(c) To stop selling your personal information. We don't sell or rent your personal information to any third parties for any purpose. You are the only owner of your Personal Data and can request disclosure or deletion at any time.
Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.
To exercise your California data protection rights described above, please send your request(s) by one of the following means:
By email: email@example.com
By visiting this page on our website: https://www.gordiansoftware.com/contact-us
Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Services are not intended for use by children under the age of 18 (“Child” or “Children”).
We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
By email: firstname.lastname@example.org.