Privacy Notice

Effective date: January 19, 2024

Introduction

DataGrade respects your privacy and are committed to protecting it through our compliance with this policy. DataGrade, Inc. headquartered in Florence, Colorado and its group companies (“DataGrade”, "we", "us", and/or "our") handles personal information (defined below) from and about a variety of individuals, including our website visitors, customers, business partners, leads, and prospects, recipients of marketing communications, end-users, event attendees, and employees ("you" and "your"). This Privacy Notice generally explains the different ways in which DataGrade collects, uses, and shares personal information when:

  • You visit, interact with, or use our website, https://www.DataGrade.com (the
    “Website”), social media pages (where linked to this Privacy Notice), online
    advertisements, marketing, or sales communications (our "online Properties");
  • You visit, interact with, or use any of our offices, events, sales, marketing, and other
    offline activities (our "offline Properties"); and
  • Your purchase and use of DataGrade products and services that have been deployed by one of our business customers, such as your employer (our "Services").

When we refer to any combination of the above, we use the term "Properties"


This Privacy Notice also describes certain legal rights you may have, subject to applicable law, and how youcan exercise them.

If you have any questions about this Privacy Notice, please contact us at
privacy@datagrade.com.


Please read this policy carefully to understand our policies and practices regarding your
information and how we treat it. If you do not agree with our policies and practices, please navigate away from this page and do not access or use our Properties.


Information Collection

"Personal information" is information that identifies, relates to, describes, is reasonably
capable of being associated with, or could reasonably be linked, directly or indirectly, with a
particular consumer or household.  Personal information and other information from various
sources generally falls into the following categories:
 Information you provide to us through your interactions with us and your use of the
Properties
 Information we automatically collect from you in connection with your use of online
Properties
 Information from third-party sources and affiliated companies
We may combine information from these various sources for the purposes outlined in this

1. Information we collect from you

We will collect personal information when you voluntarily provide it to us (including to
our service providers or other parties who collect it on our behalf). For example, we
collect personal information when you order, register for, or request information about
DataGrade products, services, or apps, subscribe to marketing communications, request support, complete surveys, provide in-product feedback, or sign up for an DataGrade event or webinar. We may also collect personal information from you offline, such as when you attend one of our events, during phone calls with sales representatives, or when you contact customer support.

The personal information we collect may include contact information (such as your
name, address, telephone number, or email address), professional information (such as
your employer's name, address, job title, department, or job role), user IDs, and
passwords, photographs for security purposes, and contact preferences. We also collect
information you choose to provide to us when requesting information or completing
any 'free text' boxes in our forms (for example, for event sign-up, product feedback, or survey requests), or the nature of your request or communication. In addition, we may
collect personal information disclosed by you on message boards, chat features, blogs,
and other services or platforms to which you are able to post information and materials
(including third-party services and platforms). We also may record our telephone or
other communications with you, to the extent permitted by applicable law.
When making a purchase from DataGrade, we, or our third-party service providers, may
also collect billing and transactional information.

Information we automatically collect


DataGrade collects information from the use of technologies such as cookies, pixel tags,
widgets, embedded URLs, electronic communication protocols, buttons, and tools in
connection with its online Properties. The types of technology used by DataGrade may
change over time as technology evolves. This Privacy Notice and our  Cookie
Notice  provide information about our use of cookies and other similar tracking
technologies.

Online Properties:
We automatically collect certain information when you use, access, or interact with our
online Properties, including our online advertisements or marketing communications.
This information does not necessarily reveal your identity directly but may include
unique identification numbers and other information about the specific device you are
using, such as the hardware model, operating system version, web-browser software
(such as Firefox, Safari, or Internet Explorer), your Internet Protocol (IP) address/MAC
address/device identifier, device event information (such as crashes, system activity,
and hardware settings, browser language, the date and time of your request and
referral URL), broad geographic location (e.g. country or city-level location), and other
technical data that uniquely identifies your browser. We may also collect information
about how your device has interacted with our online Properties, such as the pages
accessed and other statistical information.

DataGrade Services:
In connection with your organization's deployment of certain Services, DataGrade may automatically collect information in relation to your use of the Services.

If you are an individual user of DataGrade Services and you require more information
regarding our data collection practices for Services deployed by your organization,
please contact your IT administrator.

Information from third-party sources and affiliated companies

From time to time, we may obtain information about you from third-party sources
unless prohibited by applicable law, such as public databases, resellers, channel
partners, marketing partners, social media platforms, event organizers, or other publicly
available information.
Examples of the information we may receive from other sources include name, address,
telephone number, office location, approximate location (based on reverse IP lookup),
account information, job role, and publicly available employment profile, service and
support information, information about your product or service interests or
preferences, browsing habits, page-view information from some business partners with
which we operate co-branded services or joint offerings, and credit history information
from credit bureaus. We may use this information in conjunction with your contact
details, professional information, and your DataGrade transaction history for the
purposes set forth in this Privacy Notice, such as, for example, improving the accuracy of
our records, to better understand you and your preferences, providing relevant
marketing and support, and detecting and preventing fraud.


Information Use

DataGrade uses personal information it collects for the following purposes (unless otherwise restricted by applicable law).

  • Communicate, Respond to Requests, and Engage in/Process Transactions:
  • DataGrade may use personal information to communicate with you, respond to your requests, or provide information requested by you.
  • DataGrade may also use personal information, including financial, credit card, and payment information, to process your transactions.
  • Facilitate the Delivery of the Service and Account Administration: DataGrade may use personal information to provide you with the Services, to manage your account, and to communicate with you about your use of our Services. This may include managing product downloads, updates, and fixes, providing support and recommendations and sending other administrative or account-related communications, including release notes. DataGrade will also
    use personal information to facilitate the delivery of the Services, and this may include tracking entitlements, verifying compliance, controlling access to the Service, and maintaining the security and operational integrity of the DataGrade IT infrastructure and our Services. DataGrade collects this information in connection with your use of the Services and in order to operate the Service.
  • Facilitate and Evaluate Use of the Online Properties: DataGrade may use personal information to provide you with the online Properties, to facilitate your use of the online Properties (such as facilitating navigation and the login process, preserving information between sessions, and enhancing security), to improve quality, to evaluate page response rates and personalize and determine content.
  • Improve our Properties: DataGrade uses personal information and other data DataGrade collects from you to better understand our customers, users, and website visitors and the way they use and interact with the Properties, including their user experience. DataGrade uses this information to provide a personalized experience, to implement the preferences you request, to improve quality and reliability, to diagnose issues with and improve the Properties and related user experiences, and to make recommendations.
  • Improve the Accuracy of our Records: We may use the personal information we receive from you or third parties to better understand you and/or maintain and improve the accuracy of the records we hold about you.
  • Provide Support: DataGrade uses personal information and other data that DataGrade collects from you, in combination with other data we may have, in order to provide you with support in relation to our Properties.
  • Post Testimonials: DataGrade may use personal information to post testimonials on its Online Properties. Before posting a testimonial, we will obtain your consent to use your name and/or logo and testimonial. You can request your testimonial be updated or deleted at any time by sending a request with your name, testimonial location, and contact information.
  • Marketing: DataGrade will use information it obtains from you, your interactions with DataGrade over time and across the Properties, and from third party sources to provide you with marketing and promotional communications, to deliver targeted and relevant advertising and marketing to you, to determine the effectiveness of our marketing and promotional campaigns, to better understand you and your preferences, and to position and promote our products and services. Our marketing will be conducted in accordance with your advertising/marketing preferences and as permitted by applicable law. You may at any time request that we discontinue sending you communications, emails, or other correspondence.
  • Security: DataGrade may use personal information to help monitor, prevent, and detect fraud, enhance security, monitor, and verify identity or access, and combat spam or other malware or security risks.
  • Quality Control and Training: DataGrade may use or access personal data for the purposes of quality control related to the Properties and staff training.
  • Third-Party Social Networks: DataGrade may use personal information to interact with you on third-party social networks (subject to that network's terms of use).
  • Conferences and Events: DataGrade and our partners may use personal information to communicate with you about our events or our partner events. After the event, DataGrade may contact you about the event and related products and services and may share information about your attendance with your company and our conference sponsors and partners, where legally permitted to do so. If a partner or conference sponsor directly requests your personal information at their conference booths or presentations, your personal information will be handled in accordance with their privacy practices. We recommend that you review the privacy practices of such partners and sponsors.
  • Provide Online Communities and Blogs: We may use personal information and other information disclosed by you on our message boards, chat features, blogs, and other services or platforms to which you are able to post information and materials for the purposes of providing you and our customers with a forum to discuss DataGrade Properties, responding to your request, providing you with support, improving our Properties, or any other purposes set forth in this Privacy Notice. Any information that is disclosed in those forums becomes public information and may therefore appear in public ways, such as through search engines or other publicly available platforms and may be “crawled” or searched by third parties. It could also be read, collected, or used by other users to send you unsolicited messages. Please do not post any information that you do not want to reveal to the public at large.
  • Protect our Employees and Facilities: DataGrade may use personal information as necessary to protect the health and safety of our employees and visitors, our facilities and our property, and other rights. If you visit one of our sites, you may be photographed or videotaped as part of maintaining the security of such sites.
  • Other Legitimate Business Purposes: We may use your personal information when it is necessary for other legitimate purposes such as protecting DataGrade confidential and proprietary information.


Disclosure of Information to Third Parties

We take care to allow your personal information to be accessed only by those who need access in order to perform their tasks and duties and to share with third parties who have a legitimate purpose for accessing it. We may share personal information about you with third parties in the following circumstances.

Service providers: We may share your information with third parties, such as vendors,
consultants, agents, and other service providers who work on our behalf. Examples include vendors and service providers who provide assistance with marketing, billing, processing credit card payments, data analysis and insight, hosting, technical support, and customer service. Unless described in this Privacy Notice, we do not share, sell, rent, or trade any of your personal information with third parties for their own promotional purposes.

Business partners: We may provide your information to our channel partners, such as
distributors and resellers, and to other business partners, to fulfill product and information requests, to effectively deliver unified support, and to provide customers and prospective customers with information about DataGrade and its products and services. From time to time,

DataGrade may engage in joint sales or product promotions with selected business partners.

You should note that DataGrade does not control our business partners’ use of such
information. Our partners are responsible for managing their own use of the personal
information collected in these circumstances, including providing information to you about how they use your personal information. We recommend you review the privacy policies of the relevant partner to find out more about their handling of your personal information.


DataGrade affiliates: We may share your information with our parent companies, subsidiaries, and/or affiliates. This information may be shared and used to provide services and support, provide recommendations to optimize product and service use, provide customers and prospective customers with information about the range of available products and services, and for the purposes otherwise described in this Privacy Notice.

Business transfers: We may share personal information with another company in connection with or during negotiations of any merger, acquisition, financing, re-organization, bankruptcy, sale of all or a portion of our assets, or transition of services to another provider.

Compliance with laws or any competent law enforcement body, regulatory body, government agency, court, or third party: We may disclose information where we believe disclosure is necessary or required by law or regulation, in order to comply with legal process or government requests (including in response to public authorities to meet national security or law enforcement requirements); or to exercise, establish, or defend our legal rights. We may also share aggregate or de-identified information, which cannot reasonably be used to identify you, for various purposes including compliance with various reporting obligations; for business or marketing purposes; or to assist third parties in understand our users interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Properties.

Your Consent

We will seek to obtain your consent to collect your information or send you electronic
marketing in certain instances according to applicable laws and regulations. You may revoke
your consent for us to collect your personal information at any time by following the
instructions within those communications or by sending us an email to
privacy@DataGrade.com or calling us at ___________ (note: international calling rates may
apply if you are calling from outside of the United States). Withdrawal of your consent will not
prevent our ability to process your personal information if a lawful purpose for processing the
personal information still exists.


Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising/Do Not Track. DataGrade does not currently
    change its behavior in response to web browser “do not track” signals. However, you
    can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly. Please see Cookie Settings.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to
    share your personal information with unaffiliated or non-agent third parties for
    promotional purposes, you can opt out by sending the privacy office an email with your request to privacy@datagrade.com.
  • Targeted Advertising. We do not currently use targeted advertising. This section will be updated to reflect any changes regarding our use of targeted advertising.
  • Accessing, Updating, or Deleting Information. If you use our Services, we offer several self-help features to allow you to access, update, or delete certain Personal Information you have provided to us. Please refer to your account settings or email us at privacy@datagrade.com to understand how to use these features. Please note that we may keep certain personal information as necessary to comply with our legal obligations or for legitimate businesses purposes, such as to resolve disputes or enforce our agreements. We may also keep cached, archived copies of personal information for additional time.

We do not control third parties collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

California residents may have additional personal information rights and choices. Please see California Privacy Rights and Choices for more information.


Selling of Information

The definition of selling is quite complicated. We generally do not sell personal information. In the limited circumstances where a DataGrade business may in the future decide to sell personal information, we disclose such practice in the privacy notice applicable to that business. Depending on the jurisdiction in which you are located, you may have the right to request that we do not sell your personal information (“opt-out”). To exercise this right, please see “Do Not
Sell” link.


Blogs, Forums, and other Social Media

The Website may host various blogs, forums, and other social media applications or services that allow you to share content with other users (collectively Social Media Applications). Any personal information or other information that you contribute to any Social Media Application can be read, collected, and used by other users of that Social Media Application over whom we have little or no control. Therefore, we are not responsible for any other user's use, misuse or misappropriation of any personal information or other information that you contribute to any Social Media Application.


Privacy Practices of Third Parties

This Privacy Notice only addresses the use and disclosure of information collected by
DataGrade through your interaction with the Website and the Mobile Apps and through other interactions with DataGrade relating to our communications with you. Other websites or mobile apps that may be accessible through links from individual communications, our Website, or Mobile Apps have their own privacy statements and personal information collection, use and disclosure practices. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliate with that third party. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information.


Information Retention

We retain personal information as necessary for the duration of the purposes outlined in this Privacy Notice. Notwithstanding the duration of the purpose, we may retain your information ifnecessary to comply with our legal or professional obligations (including regulatory requirements and retention of business records), enforce our agreements, or resolve disputes. To dispose of personal information, we may anonymize it, delete it, or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

California Privacy Rights and Choices
If you are a California resident, you are entitled to request information concerning any personal information you provide to us as part of an established business relationship for personal, family, or household purposes that we disclose to nonaffiliated third parties for their direct marketing purposes within the last 12 months. We do not share such personal information with nonaffiliated third parties for such purposes.

The California Consumer Privacy Act (CCPA) provides consumers (California residents) with specific rights regarding their personal information. Please see California Privacy Rights and Choices for more information.


Data Security

DataGrade uses generally accepted administrative, physical, and technical safeguards we believe are appropriate to protect the confidentiality, integrity, and availability of your personal information. Although we make reasonable efforts to protect personal information from loss, misuse, and alternation by third parties, you should be aware that there is always some risk involved in transmitting information over the internet and storing information electronically. DataGrade cannot and does not guarantee absolute security. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We encourage you to use Multifactor Authentication (MFA) whenever possible.

Additionally, as malicious individuals use social engineering in their attempts to exfiltrate data and information we urge caution about providing information in open internal channels and social media. The information you share in public areas may be viewed by any user of the Website including malicious actors that may be trying to learn more about you and social engineer you.

While we protect the transmission of information in transit using encryption and other security controls, we cannot guarantee full end to end security. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.


Children’s Privacy Protection

Our website is not intended for children under 18 years of age. No one under the age of 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from anyone under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information.

If you believe we might have any information from or about anyone under 18, please contact us at privacy@datagrade.com


Changes to Our Privacy Notice

This policy may change from time to time. When an update occurs, we will indicate a revision date and what high-level revisions were incorporated. You are responsible for periodically visiting our Website and this Privacy Notice to check for any changes. If we make material changes, we may provide you with additional notice, such as posting a statement on our homepage or sending an email notification to you at the email address you have provided.

Your continued use of the Properties after the revised Privacy Notice has become effective indicates that you have read, understood, and agreed to the current version of this Privacy Notice, to the extent permitted by law.


Contact Information

To ask questions or comment about this Privacy Notice and our privacy practices, contact our
privacy office by:

  • Email: privacy@datagrade.com
  • Mail a Letter:
    Attention: Privacy Office
    DataGrade, Inc.
    215 Maple Drive, Suite 73
    Florence, CO 81226

To register a complaint or concern, please email our privacy office at privacy@datagrade.com or contact us via one of the other methodologies mentioned above.