Privacy Policy

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 privacy@cherwell.com,

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:

(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.

 

(c)   Information we collect as you navigate through the Websites. As you navigate our Websites, we may also automatically collect details about your visits to the Websites. This information may include your Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform. Information about your visit may also include the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number you may have accessed from our Websites to call our customer service number.  Note that we collect some of this information using cookies and similar tracking technologies. For detailed information, please see our Cookie Policy.

 

Use of Information Collected. Cherwell may use the information we collect about you for the following 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:

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 privacy@cherwell.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 privacy@cherwell.com.  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 privacy@cherwell.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.

You can obtain more information about the locations where your data is stored and transferred to, including the identity of third party suppliers and their locations and processing activities by contacting us: privacy@cherwell.com. Wherever we are required to transfer your personal information, regardless of where this occurs, we have taken steps to ensure that your information is treated securely and in accordance with this privacy policy and all applicable data protection laws and regulations. Whenever we transfer your personal information out of the European Union, we ensure a similar degree of protection is afforded to it by ensuring that the organization to which it is transferred is E.U.-U.S. Privacy Shield Framework certified or alternatively that at least one of the other safeguards listed below is implemented.

Privacy Shield: Cherwell Software, LLC complies 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 and Switzerland to the United States, respectively. Cherwell Software, LLC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. 

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: The transfer is 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 and not Privacy Shield certified, 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 privacy@cherwell.com

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:

 

If you wish to cancel your account or request that we no longer use your personal information to provide you services, contact us at privacy@cherwell.com.

Your Rights

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 privacy@cherwell.com

Additional Information

(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.

For more information on the cookies that we use please see our Cookie Policy.

(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.

(c) Social Media Features and Widgets.  Our Websites include social media features, such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run our Websites. These features may collect your IP address, which webpages you are visiting on our Websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Websites. Your interactions with these features are governed by the privacy policy of the company providing the feature.

(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 privacy@cherwell.com.

(e) Unauthorized Profiles.  If an account/profile was created without your knowledge/authorization, please contact us at privacy@cherwell.com 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 privacy@cherwell.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 May 2020