EU-U.S. Privacy Shield & Swiss – U.S. Privacy Shield
Nimble Software Systems, Inc. (Ximble) Participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Ximble is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov/list]
Ximble is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Ximble complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Ximble is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Ximble may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/requestt.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
- It’s your data. At your request, we will provide you a full digital copy of your data and/or permanently remove all copies of it from our databases. You can request this at any time, from the first moment you sign up for free trial, throughout your subscription and after. You decide what information to store in your Ximble data-store, what parameters and for which accounts.
- We will never use your data without your permission. We will not sell, resell or otherwise share your data with 3rd parties, either before, during or after your subscription with us.
- Your data is secure with Ximble. Ximble follows generally accepted industry standards to keep your data safe & secure. Communications to and from Ximble are encrypted using state of the art SSL technology. Additionally, we provide application-layer security features to further anonymize your sensitive data.
Nimble Software Systems, Inc., a Delaware corporation (“Ximble”, “we” or “us”) is the sole owner of the information collected on http://www.Ximble.com (our “Website”) and from our Ximble mobile application (our “Mobile App”). Ximble collects information from our users at several different points on our Website and through our Mobile App.
YOUR PERSONAL INFORMATION MAY BE PROCESSED BY XIMBLE IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF SUCH INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.
Ximble will not share your personal information, except in the following situations:
- If we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (1) satisfy any applicable law, regulation, legal process or governmental request, (2) enforce our Terms of Service Agreement or any Licensed Application End User License Agreement, including investigation of potential violations thereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, or (4) protect against imminent harm to the rights, property or safety of Ximble, its users or the public as required or permitted by law.
- With service providers operating at Ximble’s request (including, without limitation, payment processors). You hereby fully and completely release, discharge and hold harmless Ximble, its officers, directors, and affiliates from any claims, causes of action, damages or liability whatsoever related to or arising out of acts or omissions of third parties hired or retained by us.
- With actual or prospective business partners, which parties shall be subject to a non-disclosure agreement with Ximble.
- With other users of Ximble’s Website, Mobile App, or other products and services under the same underlying subscription or free trial as you (“Other Users”).
We store information that we collect through cookies, log files and clear gifs to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the user’s personally identifiable information to provide offers and improve the content of the Website for the user. This profile is used to tailor a user’s visit to our Website, and to direct pertinent marketing promotions to them. We do not share your profile with other third parties, subject to the exceptions set forth above regarding sharing of your personal information in certain circumstances
Like most standard website servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. We use a tracking utility called “Google Analytics” that uses log files to analyze user movement.
Special Offers and Updates
From time to time Ximble may send out service related announcements to users of the Website or Mobile App. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or through Ximble.com.
As a result of your use of the Website, Mobile App, or other products or services of Ximble, Other Users (as define above) will have access to information you provide to Ximble (including, without limitation, matters regarding your work schedule) and may send you messages via email or through the Mobile App. You hereby consent to such disclosure of information to Other Users, and Ximble shall have no responsibility for any communications from Other Users.
You will be required to provide your financial information to us and/or our payment processor when paying Ximble for use of the Website, Mobile App, or other products or services. It is your responsibility to ensure the security of your payment details when making purchases through any third party and we recommend that you conduct routine credit bureau checks to protect your identity.
Surveys & Contests
From time to time the Website or Mobile App may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes. Survey information may be used for purposes including, without limitation, monitoring or improving the use and satisfaction of the Website or the Mobile App.
Chat Rooms, Message Boards, and Public Forums; Third Parties
Please keep in mind that whenever you voluntarily disclose personal information online – for example on message boards, through e-mail, or in chat areas – that information can be collected and used by others. In short, by posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return. Ximble assumes no responsibility for messages or other communications you may receive from third parties including, without limitation, Other Users. Ximble HAS NO CONTROL OVER THIRD PARTIES NOT AFFILIATED WITH Ximble AND HOW THOSE PARTIES MAY COLLECT AND STORE YOUR INFORMATION.
The Children’s Online Privacy Protection Act prohibits us from collecting information from any person under the age of thirteen. Ximble’s products and services, including its Website and Mobile App, are not intended for use by children under the age of thirteen, and to its knowledge Ximble does not collect, store, use or share information about children under that age. You may under no circumstances use our Website, Mobile App, or other products or services or otherwise communicate with us, submit information to us, or access our products or services if you are under the age of thirteen.
Ximble is committed to protecting the security of your personal information. Ximble uses a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.
Even though Ximble has taken significant steps to ensure that your personal information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that Ximble cannot fully eliminate security risks associated with personal information. You hereby fully and completely release, discharge and hold harmless Ximble, its officers, directors and affiliates from any claims, causes of action, damages or liability whatsoever related to or arising out of unauthorized third-party access to or use of your information, whether the result of hacking, piracy, theft or misappropriation, or any other unauthorized access or acquisition of your information.
Editing Personal Information
You may in some cases be able to review and edit the personal information you provide by logging into your account and editing your account information. Although such edits may be reflected immediately after submission, prior information regarding your account may still be stored in a web browser’s cache. You hereby agree that Ximble shall have no responsibility with respect to retention or maintenance of information in your cache, or in other devices that may be used to store information. In addition, we may, from time to time, retain residual information about you in our backup and/or database, and you hereby agree that Ximble shall have no responsibility with respect to retention or maintenance of residual information by Ximble or any third parties.
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