Cherwell Software Privacy Statement
Cherwell Software, LLC., including its subsidiaries and affiliates (collectively, "Cherwell," "we," or "us") respects the privacy of its customers, business partners, event attendees, and the visitors to our Websites (as defined below). Cherwell is a Delaware, USA Limited Liability Company with headquarters in Colorado Springs, Colorado USA and global subsidiaries and operations. Cherwell provides innovative IT Service Management software and related solutions to customers world-wide. For more information about us, please see “About Us” at Cherwell.com. Note that your use of Cherwell.com is subject to this Privacy Statement.
This Privacy Statement explains who we are and the different ways in which we may collect, use, and share personal information about you. This Privacy Statement also explains how you can exercise your privacy rights. Please take the time to read this Privacy Statement in its entirety. You may access specific policies referenced herein by clicking on the applicable link. Please be advised that throughout our website we may provide additional information about our privacy practices that are specific to one of our websites, events, products, or services.
If you have any questions or concerns about our use of your personal information, please contact us at firstname.lastname@example.org,
IF YOU DO NOT CONSENT TO THIS PRIVACY STATEMENT IN ITS ENTIRETY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY CEASE USE OF THE WEBSITES.
Scope of Privacy Statement. This Privacy Statement covers the privacy practices of Cherwell with respect to the collection, use, and disclosure of information obtained: (i) through the Cherwell websites that link to this Privacy Statement (the "Websites") including https://www.cherwell.com and all sub-domains; and (ii) virtual or live conferences, webinars, or events hosted by Cherwell or our business partners and sponsors where we collect information from attendees (“Events”).
Information We Collect. Cherwell collects various types of information from and about you that generally fall into the following categories:
- You fill out forms or requests for information on our Websites, including without limitation, providing your name, mailing address, email address, and telephone number
- You participate in our chat rooms, user groups, blogs, Marketplace or similar information sharing sites hosted by us, or you otherwise provide material to our Websites including through use of other interactive features, registration, or you request further information or services from us
- You register for or attend an Event
- You complete surveys that we or our partners make available through our Websites or Events
- You report problems with our Websites to us
- You voluntarily contact us
- You register for demonstrations or other informational presentations about Cherwell and its’ products and services
- You otherwise voluntarily submit information to us in connection with use of the Websites and/or Events
(a) Information you voluntarily give to us. This information is provided to us when:
(b) Information from third parties. Cherwell often collaborates with third parties including channel and other partners, service sub-contractors, marketing and advertising networks, data analytic service providers and credit agencies. We may collect and use information we receive about you from third parties in connection with your use of the Websites or attendance to an Event. For example, we may receive information about you from our business partners related to your registration information for Events. We also use third parties for tracking, reporting and analyzing information collected through our Websites to measure the effectiveness of our Websites and our marketing efforts, and to identify areas for improvement. We may also combine information we collect from third parties with information you provide us to provide you with tailored information regarding our products, services and Events.
Use of Information Collected. Cherwell may use the information we collect about you for the following purposes:
- To operate, maintain and improve the Websites;
- To contact you about the products or service on our Websites in which you have expressed interest;
- To register you for Events you sign up for and to create related profiles in our records;
- To communicate with you about Events and Cherwell products and services you may be using;
- To provide you with implementation services and/or technical support related to your use of Cherwell’s products and services, or to inform you about new software products and services or updates to existing products and services;
- To improve both the usability of our Websites and our user support procedures and to help prevent misuse of our system;
- To ensure that content from our site is presented in the most effective manner for you and for your computer;
- For internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- To allow you to participate in interactive features of our service, when you choose to do so;
- To track your browsing behavior, such as the pages you visited over time, for analytics and advertising purposes;
- To contact you for marketing purposes, subject to your specified marketing preferences; and
- For industry benchmarking, sales and marketing analytics, and other business purposes.
By registering for programs offered through Cherwell Learning Services, the User Community, the Cherwell Marketplace, or other sites within the Cherwell environment, you may receive access credentials that allow you to use other sites within the Cherwell environment. The personal information that may be collected during registration and/or use of any single site that you choose to make public, may be visible to other users of that site or other sites within the Cherwell environment. In addition, your personal information may be used by the other sites for the purposes of enhancing your interaction with Cherwell and improving our products, services and support.
Information Disclosed to Third Parties. Cherwell may share the personal information you provide to us with the following categories of recipients:
- Contracted service providers so that these service providers can provide services on Cherwell’s behalf, such as analytics and search engine providers that assist us in the improvement and optimization of our Websites, email services, software support services, implementation services, and reselling services;
- Our subsidiaries and affiliates (including those located outside the European Economic Area and Switzerland) who will use it only for the purposes described in this Privacy Statement;
- Business partners participating in Events or sponsors of Events, provided you have opted-in to such sharing via Event registration or scanning of your attendee badge by such partners or sponsors at an Event. If you opt-in or allow your attendee badge to be scanned then your information will be subject to the respective business partner or sponsor’s privacy statement;
- Potential buyers (and its agents and advisors) in connection with any proposed merger, acquisition, or any form of sale or transfer of some or all of our stock or assets (including in the event of a reorganization, dissolution or liquidation), in which case personal information held by us about you will be among the assets transferred to the buyer or acquirer;
- Third parties for whom you have provided consent to the disclosure of your information.
We do not sell, rent or trade information collected through the Websites with third parties for their promotional purposes.
Marketing Communications: Choice/Opt-Out. If you have given permission, we may share your personal information with organizations who are our business partners and we or they may contact you (unless you have asked us or them not to do so) by telephone, sms (text) and email about products, services, promotions, special offers that may be of interest to you. Where you are an existing customer, we may contact you by email or telephone about products, services, promotions and special offers where we have determined that it is in our legitimate interests to do so. Where you have given your permission and you change your mind and you no longer wish to receive our newsletter and promotional communications, you may unsubscribe or opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at email@example.com. Generally, if you are a customer of Cherwell’s products and services, you may not opt-out of software service or technical support related announcements, which are not promotional in nature. If you do not wish to receive these announcements, please contact firstname.lastname@example.org. Cherwell will also offer you the opportunity to choose (opt-out) whether your personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you. Questions regarding procedures, or requests to opt-out, should be directed to email@example.com. You have the right to complain to a data protection authority if you are unhappy about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area, Switzerland, and certain non‑European countries (including the US and Canada) are available here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Cherwell will respond to such requests in accordance with the requirements of applicable data protection laws. Please note that in order to fulfil your request, we may need you to provide certain information to verify your identity.
Onward Transfer. All information you provide to us is stored on secure servers. As a company providing services internationally, we may receive and transfer information all over the world. Consequently, your personal information may be used, stored and processed outside of the country where you entered that information or from which we collected it. It may also be processed outside the location from which it was collected by staff operating in a different location who work for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfilment of your order and the provision of support services.
Privacy Shield: As of the date of July 16, 2020, the EU-US Privacy-Shield has been invalidated as a result of the decision by the Court of Justice of the European Union in “Schrems II”. Cherwell Software, LLC, however, continues to comply with the EU-U.S. Privacy Shield Framework and the Swiss–U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce, regarding the collection, use, and retention of personal information transferred from the European Union, Switzerland or the United Kingdom to Cherwell in the United States, respectively. For transfers of personal information after July 16, 2020, from the European Union or Switzerland to Cherwell in the United States, Cherwell will rely on (a) a data transfer mechanism deemed adequate by the relevant data protection authority, or (b) an applicable derogation from the general prohibition on cross-border data transfers under the relevant data protection law.
To learn more about the Privacy Shield program, and to view our certification (where you will find details of what information is sent to Cherwell Software, LLC, and the purposes for which it processes it), please see www.cherwell.com/privacy-shield. If you have a concern about the way your data has been handled when it was collected by Cherwell Software, LLC in the United States using the Privacy Shield Framework, please refer to the “Questions and Complaints” section below.
Adequacy: Transfers are made only to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission. For further details, see European Commission webpage on Adequacy: https://ec.europa.eu/info/law/law-topic/data-protection_en, or
EU Model Contracts/Standard Contractual Clauses: Where the party is outside of the European Union, not in a country subject to an adequacy decision,, we enter into specific contracts approved by the European Commission which give personal information the same protection it has in Europe. For further details, see European Commission webpage on Model Contract Clauses: https://ec.europa.eu/info/law/law-topic/data-protection_en.
Data Integrity and Security. The security of your personal information is important to us. We follow generally accepted standards to protect the personal information you submit to us, both during transmission and once we receive it. We follow generally accepted industry standards to protect the personal information submitted to us. While we will use all reasonable efforts to safeguard your personal information, you acknowledge that no method of transmission over the Internet, or method of electronic storage, is 100% secure, therefore, we cannot guarantee its absolute security and integrity of any personal information that is transferred from you or to you via the internet; any transmission is at your own risk.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
If you have any questions about security on our Websites, you may contact us at firstname.lastname@example.org.
Data Retention. We keep your data for so long as it is necessary to fulfill the purpose for which it was collected. Therefore, we will retain your personal information for as long as your account is active or as needed to provide you services. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, we may retain your personal information after termination of our agreement with you or closure of your account in the following circumstances:
- to comply with our legal obligations e.g. keeping of financial records for up to 6 years plus 1 year,
- to resolve disputes e.g. if you have raised a dispute against us which may result in a claim then we may need to keep your data for the statutory limitation period and beyond if a claim is raised until the claim is resolved/settled,
- to enforce our agreements e.g. if your agreement has been terminated for breach then we may keep your data after termination to ensure that your account is properly closed.
If you wish to cancel your account or request that we no longer use your personal information to provide you services, contact us at email@example.com.
Right to ask us to stop contacting you with direct marketing. Even if you have accepted the processing of your personal information for marketing purposes (by ticking the relevant box), you have the right to ask us to stop processing your personal information for such purposes. Let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not by telephone).
Right to request a copy of your information. You can request a copy of your information which we hold (this is known as a subject access request). If you would like a copy of some or it, please contact us and let us know the information you want a copy of, including any account or reference numbers, if you have them. Any subject access request may be subject to a reasonable fee to cover the cost of providing you with details of the information we hold about you.
Right to correct any mistakes in your information. You can require us to correct any mistakes in your information which we hold free of charge. If you would like to do this, please contact us and let us know the information that is incorrect and the information you want it replaced with.
Right to request we cease processing your information. You may request that we cease processing your personal information. If you make such a request, we shall retain only the amount of personal information pertaining to you that is necessary to ensure that no further processing of your personal information takes place. Please note that if you exercise this right and you have contracted for a service from us we may not be able to continue providing the service.
Right to request deletion of your information. You can ask us to erase all your personal information (also known as the “right to be forgotten”).
To exercise the above rights to object to processing, review, update, make changes, or delete your personal information, please send an email to firstname.lastname@example.org.
(a) Cookies and Other Technical Information. We employ the use of “cookies” to enhance your online experience and to store preferences, record which session information, record user-specific information on pages you access or visit, alert you to new areas that we think might be of interest to you when you return to our Websites, record past activity at our Websites in order to provide better service when you return to our Websites, to better target any display advertising, and customize site content based on your browser type or other information that you send. Cookies are files that can identify you as a unique customer and store your personal preferences as well as technical information (including click through and click stream data). Cookies can either be permanent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser).
We may also use “Web beacons” that monitor your use of our Websites. Web beacons are small strings of code that provide a method for delivering a display advertisement on a webpage for the purpose of transferring data, such as the Internet Protocol (“IP”) address of the computer that downloaded the page on which the Web beacon appears, the Uniform Resource Locator (“URL”) of the webpage on which the Web beacon appears, the time the webpage containing the Web beacon was viewed, the types of browser that fetched the Web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, Web beacons let us know whether you received and opened our e-mail.
Third party vendors may show you our ads on websites across the Internet. We and third party vendors use first-party cookies and third party cookies together to inform, optimize, and serve ads based on someone’s past visits to the Websites.
(b) Links to Other Websites. Cherwell’s Websites contain links to other websites, for example those of our value-added resellers or solutions partners, that are not owned or controlled by Cherwell. We are not responsible for the privacy practices of these other websites and encourage you to read the privacy policies of these websites.
(d) Testimonials. We may display personal testimonials of satisfied customers on our Websites. If you wish to update or delete your testimonial, you can contact us at email@example.com.
(e) Unauthorized Profiles. If an account/profile was created without your knowledge/authorization, please contact us at firstname.lastname@example.org to request removal of the profile.
Questions or Complaints. You may contact us about any questions or concerns you may have regarding the use or disclosure of your personal information at email@example.com.
Legal Disclaimer; Compelled Disclosure. We reserve the right to disclose information collected through our Websites, including your personal information, when we believe that disclosure is necessary to protect our legal rights, protect your safety or the safety of others, investigate fraud, respond to a government request or to comply with a legal proceeding, court order, law, rule or regulation.
Changes in this Privacy Statement. We reserve the right to modify this Privacy Statement at any time, so please review it frequently. If we decide to change our Privacy Statement, we will post those changes to this Privacy Statement. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on www.cherwell.com/privacy-statement prior to the change becoming effective. However, it is your responsibility to check the Websites on a regular basis for updates to the Privacy Statement.
Revised August 2020