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Privacy Policy

Last updated: May 2024

nexB Inc. (“nexB”, “we”, “our” or “us”) cares about your right to privacy. This policy outlines how we collect, store, use, and disclose the following types of data:

  1. Visitor data includes individuals (“Visitors”) who visit our websites.
  2. Prospect data includes individuals (“Prospects”) who have shared their email address with us for marketing and other business purposes.This data is typically collected and generated through automatic means, directly from you, through interacting with us. Examples of this include registering for an online event organized by us, and requesting information via a form on our websites. We also may retain information from direct interactions and communications with you, including correspondences and feedback for user experience, support, and training purposes. We may also collect Prospect data from third-party services including events we organize or participate in, but we ensure that Prospects have given explicit consent for their information to be shared with us.
  3. User data includes individuals (“Users”) who register for accounts for our cloud-based offerings, including ScanCode.io and DejaCode.

Please read this Privacy Policy carefully and make sure that you fully understand and agree to it.

You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (per Section 6 below), please avoid any interaction with us or any use of our Services.


1. Data Collection

In plain English: we collect anonymized data for web visitors and personally identifiable information (PII) for Prospects and Users.

We collect PII information mainly ourselves through registrations and other forms.

We rarely collect PII information from third parties. When we do, we confirm with the third party that the Prospect and/or User has explicitly agreed for their PII to be shared and collected.


VISITOR DATA

For Visitors, we collect and process data using Friendly Analytics, a service of Friendly GmbH in Switzerland, to track and analyse the success and reach of a website. Data stored by Friendly Analytics cannot be attributed to a specific person and is therefore not personally identifiable information. Friendly Analytics purposefully does not set cookies

This makes the use of Friendly Analytics compliant with data protection laws such as GDPR (EU) and FADP (Switzerland).

Friendly Analytics stores the following data for visitors:

  • The anonymized IP address of the website visitor. The last two bytes are anonymized, therefore it is not considered personal data
  • Date and time of the request
  • Title of the page being viewed
  • URL of the page being viewed
  • URL of the page that was viewed before the current page (“Referrer”). For privacy reasons, we only process the domain without a path and query string.
  • Screen resolution being used
  • Time in local user’s timezone
  • Files that were clicked and downloaded
  • Links to an outside domain that were clicked
  • Page generation time (the time it takes for a web page to be generated by the webserver and then downloaded by the user)
  • Country, region, city, approximate latitude and longitude of the website visitor (Geolocation)
  • Main Language of the browser being used (Accept-Language header)
  • User Agent of the browser being used (User-Agent header). From the User-Agent, we detect the browser, operating system, device used (desktop, tablet, mobile, tv, cars, console, etc.), brand and model.


PROSPECT DATA

For Prospects, we collect and process data using Friendly Automate, a service of Friendly GmbH from Switzerland, which stores all personal data exclusively on dedicated servers in the EU or Switzerland. Friendly Automate sends emails via Amazon AWS with locations in the EU. Information about the nature, scope and purpose of data processing can be found in the privacy policy of Friendly Automate.

We use Friendly Automate to send emails and analyze the behavior of our contacts in emails and on our website. In doing so, Friendly Automate stores personally identifiable information for Prospects, which may include:

  • Prospect names
  • Email addresses
  • Phone numbers
  • Job titles
  • Company names
  • Additional personally identifiable information

In our efforts to better communicate with Prospects, we include limited tracking on emails sent to Prospects to monitor open and click rates. This helps us ensure that we are delivering emails that our Prospects find informative and useful. This is the only tracking associated with personally identifiable information we use.


USER DATA

For Users, we collect and process data using Friendly Automate (detailed in previous section). For DejaCode and ScanCode.io users, please refer to each product’s privacy policy.

Site usage information: connectivity, technical and aggregated usage data, user agent, IP addresses, device data (such as type, OS, device ID, browser version, locale and language settings used), approximate geolocation, activity, communication and performance logs, session recordings, issues and bugs, and the cookies and pixels installed or utilized on your device.


2. Data Uses

In plain English: we use your data to provide you with our Services, to continually improve them, and to communicate with you.

nexB processes the personal data described in Section 1 for the purposes listed below, as necessary for the performance of our Services (“Performance of Contract”); to comply with our legal and contractual obligations (“Legal Obligations”); and to support our legitimate interests in maintaining, improving and advertising our Services. These include knowing how our Services are used, and how our Services, campaigns and other activities are performing; gaining insights which help us dedicate our resources and efforts more efficiently; marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our Services, ourselves and the organizations and individuals we engage with (“Legitimate Interests”).

nexB operates in many countries around the world. If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for processing personal data in the manners described in this Policy (in general, or specifically with respect to the types of personal data you expect or elect to be or have processed by or via the Services), your acceptance of our Terms and Conditions and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed herein. If you wish to revoke such consent, please contact us at privacy@nexb.com.

Specifically, we use your data for the following purposes (and in reliance on the legal bases for processing noted next to them):

  • To facilitate, operate, enhance and provide our Services (Performance of Contract; Legitimate Interests);
  • To provide you with assistance and technical support services, to test and monitor the Services, or diagnose or fix technology problems, and to train our staff (Performance of Contract; Legitimate Interests);
  • To personalize our Services, including by recognizing an individual and remembering their information when they return to our Services, and to provide further localization and personalization capabilities (Performance of Contract; Legitimate Interests);
  • To gain a better understanding on how individuals use and interact with our Services, which content and data they have processed through our Services, and how we could improve their and others’ user experience and the value they can generate from using the Services, so we could continue improving our products, offerings and the overall performance of our Services, including through the utilization and optimization of Artificial Intelligence and Machine Learning capabilities (Legitimate Interests);
  • To facilitate and optimize our marketing and advertising campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and Services more effectively (Legitimate Interests; Consent);
  • To contact you with general or personalized service-related messages, or with promotional messages, in accordance with Section 8 below, and to facilitate, sponsor and offer certain events and promotions (Performance of Contract; Legitimate Interests; Consent);
  • To support and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Services, and thereby increase your engagement and overall satisfaction with our Services. This includes contextual, behavioral and interests-based advertising based on your activity, preferences or other data available to us or to our business partners (Legitimate Interests; Consent);
  • To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity (Performance of Contract; Legitimate Interests);
  • To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services, or for any other purpose (Legitimate Interests); and
  • To comply with our legal, regulatory, compliance and contractual obligations (Legal Obligations).


3. Data Location

In plain English: we and our Service Providers will store your data in different locations worldwide.

We maintain, store and process personal data in Switzerland and the EU, as Regulations in Switzerland and the EU have become stricter. This is done to best ensure security and privacy for all our Prospects and Users.

While privacy laws may vary between jurisdictions, nexB is committed to protecting personal data in accordance with this Privacy Policy. nexB is headquartered in the U.S., but we are committed to adhering to global privacy regulations including GDPR (EU) and FADP (Switzerland).

We operate in various locations around the globe, including in the EU and Switzerland, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.

While privacy laws may vary between jurisdictions, nexB, its affiliates and Service Providers are each committed to protect personal data in accordance with this Privacy Policy, customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring sufficient data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data may be transferred.


4. Data Retention

In plain English: we retain your personal data for as long as necessary to provide you with our Services.

We retain your personal data for as long as it is reasonably necessary to provide you with our Services and offerings and to maintain and expand our relationship; to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (e.g. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with applicable laws and regulations.

Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at privacy@nexb.com.


5. Data Security

In plain English: we will do our best to make sure your data is secured.

We implement systems, applications and procedures to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry-standard security, however, although we make efforts to protect your privacy and data, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third-parties.


6. Data Sharing

In plain English: we may share your data for different reasons, mainly to provide you with our Services, or if required by law.


LEGAL COMPLIANCE

In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations, with or without notice to you. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and Services.


SERVICE PROVIDERS DATA

We engage selected third-party companies and individuals to perform services complementary to our own. Such Service Providers include hosting and server co-location services, communications and content delivery networks (CDNs), internet service providers, operating systems and platform, data analytics services, marketing and advertising services, data and cyber security services, fraud detection and prevention services, billing and payment processing services, web analytics, email distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization services, social and advertising networks, content providers, support and customer relation management systems; and our business, legal, financial and compliance advisors (collectively, “Service Providers“). These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating, supporting and enhancing our Services, and may only use it for such purposes.

As part of providing the Services our affiliates, agents, contractors, representatives, trusted business partners, and third-party service providers (including without limitation, the following entities) may have access to your personal data: We use the data to track sales and other business goals, all the data is being masked, and the company can’t identify any action from a specific customer or user. We use Friendly Automate to send promotional and support communications to our users.  We use Friendly Analytics to analyze marketing goals and to integrate different data sources together. We require the foregoing parties to process such information in compliance with this Privacy Policy and subject to security and other appropriate confidentiality safeguards.


THIRD-PARTY WEBSITES AND SERVICES

Our Services may include links to third-party websites, and integrations with third-party services. Such websites and third-party services, and any information you process, submit, transmit or otherwise use with such websites and third-party services, are beyond the scope of nexB’s Terms of Use and Privacy Policy and will therefore be governed by such third-party’s terms and privacy practices and policies, and not by this Privacy Policy. We encourage you to carefully read the terms and privacy policies of such websites and third-party services.


PROTECTING RIGHTS AND SAFETY

We may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of nexB, our Users, our Prospects, or any members of the general public.


NEXB SUBSIDIARIES AND AFFILIATED COMPANIES; CHANGE OF CONTROL

We may share personal data internally within our group, for the purposes described in this Privacy Policy. In addition, should nexB Inc. or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, or will be considered or found eligible for a governmental grant and/or a potential investment, personal data may be shared with the parties involved in such an event. If we believe that such an event might materially affect your personal data then stored with us, we will notify you of this event and the choices you may have via email or prominent notice on our Services.


ADDITIONAL SHARING

We may share your personal data in additional manners, pursuant to your request or explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.


7. Cookies and Tracking Technologies

In plain English: we do not use cookies. We do use tracking pixels in emails to Prospects and Users to provide and improve our Services.

nexB uses Friendly Analytics to monitor and analyze our web traffic. Friendly Analytics does not set cookies and does not store any personal data. The list of anonymized data collected from web visitors is listed under “Visitor Data” in Section 1 of this privacy policy.

We do include a tracking pixel in emails sent to Prospects and Users through Friendly Automate to better provide our Services. The tracking pixel allows nexB to monitor if emails are opened and hyperlinks are clicked. We then use this information to ensure we improve the quality and relevancy of emails sent to our Prospects and Users.


8. Communications

In plain English: we may contact you with service and promotional communications.

We engage in service and promotional communications, through social media, email, and phone.


SERVICE COMMUNICATIONS

We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services (such as billing issues, login attempts or password reset instructions, alerts and notifications concerning anomalies detected by our Services, etc.). You can control your communications and notifications in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like password resets, billing notices, payment issues, login attempts or password reset instructions, etc.).


NOTIFICATIONS AND PROMOTIONAL COMMUNICATIONS

Notifications and Promotional Communications: we may also notify you about new features, additional offerings, events, webinars, special opportunities or any other information we think you will find valuable. We provide such notices through emails. In order to control your notifications settings, please follow the instructions included in the promotional communications sent to you. If you do not wish to receive such communication, you may also notify us by sending an email to: privacy@nexb.com.


9. Data Subject Rights

In plain English: you may exercise your rights concerning your personal data, by contacting us.

Individuals have rights concerning their personal data. If you wish to exercise your privacy rights under any applicable law, such as the right to know or request access to specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), or rectification or erasure of your personal data held with nexB, please contact us via email at: privacy@nexb.com. If you wish to exercise your right to restrict or object to such personal data processing, to direct us not to sell your personal data to third parties now or in the future, to port such personal data, or to provide equal services and prices (e.g. freedom from discrimination) (each to the extent available to you under the laws which apply to you) – please contact us by email at: privacy@nexb.com.

Please note that such rights are not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal data that we hold about you. In the event that we cannot accommodate your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

Please also note that we may require additional information, including certain personal data, in order to authenticate and process your request. We may then retain such additional information for legal purposes (e.g., as proof of the identity of the person submitting the request), in accordance with Section 4 above. We may redact from the data which we will make available to you, any personal data related to others.


10. Roles and Responsibilities

In plain English: we are the controllers of our Prospect and User data; Friendly Automate is the processor of Prospect and User data.

Certain data protection laws and regulations, such as the GDPR, typically differentiate between two main roles for parties processing personal data: the “data controller”, who determines the purposes and means of processing; and the “data processor”, who processes the data on behalf of the data controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.

nexB is the “data controller” of its Prospect and User data. For such data, we assume the responsibilities of a data controller (solely to the extent applicable under law), as set forth in this Privacy Policy.

Friendly Automate is the “data processor” of nexB’s Prospects and Users’ data. Information about the nature, scope and purpose of Friendly Automate’s data processing can be found in the privacy policy of Friendly Automate.


11. Additional Information and Contact


EXTERNAL LINKS

While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third-parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.


UPDATES AND AMENDMENTS

We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via Services. After such notice period, all amendments shall be deemed accepted by you.


PERSONS UNDER THE AGE OF 18

Our Services are not designed to attract persons under the age of 18. We do not knowingly collect personal data from persons under the age of 18 and do not wish to do so. If we learn that a person under the age of 18 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to the person under the age of 18. If you believe that we might have any such data, please contact us by email at privacy@nexB.com.


CALIFORNIA REQUIREMENTS

This Privacy Policy describes the categories of personal information we may collect and the sources of such information (in Section ‎‎1 above), and our retention (Section ‎4) and deletion (Section ‎9) practices. We also included information about how we may process your information (in Sections ‎2 through ‎8), which includes for “business purposes” under the California Consumer Privacy Act (CCPA). We do not collect or sell your personal information for “commercial purposes” under the CCPA. We may share personal data with third parties or allow them to collect personal data from our Services as described in Section ‎6 above, only 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 data, or if you integrate the services of third parties with our Services, or direct us to disclose your personal data to third parties.

If you have any questions or would like to exercise your rights under the CCPA, you can contact privacy@nexb.com.

If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, or if you wish to make a complaint about how your personal data is being processed by nexB, you can contact us at privacy@nexb.com.


CREDITS

Elementor’s Privacy Policy: https://elementor.com/about/privacy/

Friendly Automate’s Privacy Policy: https://friendly.ch/en/privacy

Privacy and Legal Concerns Relating to Websites: https://sandhill.com/article/privacy-and-legal-concerns-relating-to-websites/