Last Updated Date: June 1, 2016

Scope

Nelio Software (“Nelio”) is concerned about privacy and cookies related matters. This document explains how Nelio collects and uses your personal data and other information and how you can control its use. It describes Nelio’s practices regarding the information collected from the different Nelio’s sites (such as websites, software applications, social media pages and HTML-formatted e-mail messages) and through offline sales and marketing activities (collectively, the “Channels”).

By using the Channels, you are accepting the practices described in this privacy policy.

Nelio uses certain third parties to help Nelio with the Channels and other business administration activities. Some of these third parties are based in the European Economic Area (EEA) and some are not and may not comply, i.a., with the at the time applicable EEA privacy regulations.

By using Nelio’s Channels you consent to (i) the transfer of your personal data to the servers of Nelio’s third party service providers (see section on Third-Party Service Providers for further details) and (ii) the processing of your personal data in the countries of these third parties for the purposes set forth in this privacy policy, and you acknowledge that your personal data may be transmitted to these third parties for the referred purposes and for administration purposes.

Third Party Service Providers

Nelio uses certain third parties to help with the business administration and other activities related to the Channels. Some of these third parties are based in the EEA and some are based outside the EEA.

If you are located in the EEA, by using Nelio’s Channels you consent to the transfer of your personal data to the servers of Nelio’s third party service providers. In particular, Nelio’s third party service providers that may keep personal data with servers not located in the EEA are the following:

  • Google: Nelio uses Gmail as mailing service provider to directly communicate with you by email. Nelio also uses Google App Engine platform as backend of Nelio A/B Testing service. All registration information (except for payment details) is kept in these services. In addition, Nelio’s Channels use Google Analytics to analyze their use and optimize their performance. Google processes personal information in their servers in many countries around the world and your personal information may be on a server located outside the country where you live. Google is a company located at 1600 Amphitheater Parkway, Mountain View (California) CA 94043, USA and has certified that it adheres to the relevant Safe Harbor Privacy Principles of the Government of the United States. In addition to this, Google has offered a data-processing amendment and Nelio have signed certain model contract clauses as an additional means of meeting the adequacy and security requirements of the European Parliament and Council of the European Union Data Protection Directive. See Google Privacy Policy for further details.
  • Mailchimp: Nelio uses Mailchimp to deliver Nelio’s newsletter and other email communications. MailChimp, with servers located around the US, gathers statistics about email opening and clicks as part of its service. Mailchimp is a company located at 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA, 30308, USA and has certified that it adheres to the relevant Safe Harbor Privacy Principles of the Government of the United States. In addition, Nelio has signed certain Standard Contractual Clauses as an additional means of meeting the adequacy and security requirements of the European Parliament and Council of the European Union Data Protection Directive. For more information about the way in which MailChimp monitors your email opening(s), please see Mailchimp Privacy Policy.
  • Freshdesk: Nelio uses Freshdesk as Nelio’s ticketing service and help desk software. Freshdesk, Inc., is located at 311 California Street, San Francisco, CA 94104, USA and hosts and processes data in the US, EEA and possibly in other countries, has been awarded with the Truste’s Privacy seal and has certified that it adheres to the relevant Safe Harbor Privacy Principles of the Government of the United States. See Freshdesk Privacy Policy for further details.

Third-Party Reseller: FastSpring

Nelio has contracted FastSpring as reseller of Nelio’s Services. FastSpring is a platform specialised in safe and secure internet sales, compliant with PCI and employs Verisign SSL Certificates, which accepts Paypal and all major credit cards.

Bright Market, LLC (dba FastSpring.com) seems to comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Bright Market, LLC has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.

In connection with the processing of the payments of Nelio’s services, Nelio does not retain any personal financial information such as credit card numbers. All such information is provided directly to Nelio’s reseller, FastSpring, who uses your personal information governed pursuant to its privacy policy. See FastSpring Privacy Policy.

Personal and Other Collected Data

Through your interaction with and use of the Channels, Nelio may collect personal data, that identifies an individual or relates to an identifiable individual. Personal data may include, but is not limited to, your name, physical address, telephone number, e-mail address, company affiliation and associated interests.

In compliance with what is established in Spanish Organic Act 15/1999, on Personal Data Protection, Royal Decree 1720/2007, which enforces the regulations for the development of Organic Act on Data Protection (LOPD) and Act 34/2002, dated 11th of July, on Information Society and Electronic Commerce Services, Nelio informs your data will be included and processed in a file responsibility of Nelio. Nelio does not process personal data from minors or underage or from people without full legal capacity. If this is the case, do not provide us your personal data.

How Nelio uses and shares the collected personal data is described below.

If you do not object to any part of the use of your personal data, Nelio understands you consent and expressly authorize all said use, as well as the assignment and/or international transfer of your personal data to Nelio’s third-parties service providers described above.

You could at any time revoke the consent to the reception of commercial communications and you could always oppose to the processing of your data for promotional use.

You may exercise your right to access, rectify, cancel and oppose by means of signed document attaching copy of an official document that certifies your identity to: legal@neliosoftware.com.

Nelio may also collect other information through your interaction with and use of the Channels and non-Nelio websites, which does not reveal your specific identity or does not directly relate to an individual. Other Information may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic or geo-location information, statistical and aggregated information.

Statistical or aggregated information does not directly identify a specific person but may derive from personal data. For example, Nelio may aggregate personal data to calculate the percentage of users in a particular zip code.

In some instances, Nelio may combine other data with personal data, such as combining a precise geographical location with your name. If Nelio combines other data with personal data, Nelio will treat the combined information as personal data.

How Nelio May Use and Share Personal Data

Nelio may use and share the personal data it collects (unless otherwise restricted by applicable law) to:

  • To engage in transactions with you.
  • To provide you support or other services you have ordered (for example, the automatic publication of scheduled messages in social media) , as well as product updates, product patches and fixes and other similar operational communications.
  • To notify you about new product releases and service developments, and to advertise Nelio’s products and services in accordance with this policy. Your website visit, marketing experience, and communications may be tailored to your interests based on your personal data. Nelio may also use personal data in order to respond directly to your information requests (including newsletter registrations or other specific requests), or pass your contact information to Nelio’s reseller for further follow-up related to your interests.
  • To interact with you on third party social networks, which would be subject to that network’s privacy policies and terms of use.
  • To post testimonials on Nelio’s Channels that may contain personal data, subject to prior consent to use your name and testimonial. If you wish to update or delete your testimonial, please fill out a request form, and be sure to include your name, testimonial location, and contact information.
    When you download products from Nelio’s Channels, to confirm certain information about your order; discuss the downloaded products or provide marketing or sales information about related products and services. Nelio may also use personal data to contact you, confirm compliance with licensing and other terms of use, and may share it with your company (if any).
  • To help create and personalize content on Nelio’s Channels, facilitate your use of the Channels (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions and preserve order information between sessions), improve quality, track marketing campaign responsiveness (including online advertising and e-mail marketing), and evaluate page response rates.
  • If you elect to use Nelio’s referral service to inform a third-party about Nelio’s products or services, to ask you for the third-party’s contact information. Nelio will then send the third party a one-time contact related to your referral request. Nelio uses the personal data you provide in this situation solely for the purpose of sending the one-time contact and tracking the success of Nelio’s referral program. The third party may contact Nelio through its inquiry form to be removed from the referral program.
  • To evaluate and improve Nelio’s products, services, marketing, and customer relationships.
  • To communicate with you about a conference or event hosted, co-sponsored or participated by Nelio (including information about the event’s content, logistics, payment, updates, and any additional meetings, special demonstrations or other customer facilitation ). After the event, Nelio may contact you about the event and related products and services, and may share information about your attendance with your company (if any).
  • To share personal data with third parties (see section on Third Party Service Providers) who provide services to Nelio, such as credit card processing services, order fulfilment, analytics, event / campaign management, web site management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other similar services. In this case, Nelio may require that the services providers use your personal data only for the purpose of providing services to Nelio and subject to terms consistent with this policy.
  • To disclose your personal data as Nelio believes to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce Nelio’s terms and conditions; and (e) to allow us to pursue available remedies or limit the damages that Nelio may sustain. Additionally, in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Nelio’s business, assets or stock (including in connection with any bankruptcy or similar proceedings), Nelio may transfer the personal data it has collected to the relevant third party.

Other Information

Nelio may use, transfer, and disclose other collected data or information for any purpose, except where applicable law requires otherwise. If Nelio is required to treat other data or information as personal data under applicable law, then Nelio will only use it in the way permitted to use and disclose personal data.

How Nelio May Collect Personal Data

Nelio and Nelio’s third party service providers may collect both personal data and other data from a variety of sources that generally fall into three categories:

  • Direct interactions: From your use of and interaction with us through the Channels and other activities such as account creation, submission of registrations and forms, or sales inquiries and transactions.
  • Publicly available data / data from third parties: Data from automated interactions on non-Nelio websites, or other data you may have made publicly available, such as social media posts, or data provided by third party sources, such as marketing opt-in lists, or data aggregators.
  • Automated interactions: From the use of technologies such as electronic communication protocols, cookies, embedded URLs or pixels, widgets, buttons and tools (for more details, see below).

Although Nelio’s use of automated interactions may change over time as technology evolves, the following descriptions are designed to provide you with additional detail about Nelio’s current approach to information collected from automated interactions. Nelio may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type), your IP address (which may identify your general geographic location or company), and date and time.

Nelio may also automatically receive and record information about your interaction with the Channels, such as clickstream information (when each Nelio webpage was visited and how much time was spent on the page), or general geo-location data.

Cookies

Concept, use and types

A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile device browser from a website’s server and is stored on your device’s hard drive. Each website or third party service provider used by said website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website or third party service provider to access the cookies it has already sent to you, not the cookies sent to you by other sites or other third party service providers. A cookie will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences or what’s in your shopping basket.

Cookies are used to record information about your online preferences and allow third parties to tailor the websites to your interests. Information supplied by cookies can help third parties to analyse your use of the relevant sites and help the third party to provide you with a better user experience. For example, you may choose to personalise the content of a website to see it in a certain language. In order to do this, a cookie is placed on your device to remember this preference.

Nelio can use the following type of cookies:

Essential cookies are necessary to provide you with services and features available through Nelio’s Channels. Without these cookies, services you may need, such as registration to Nelio’s services cannot be provided.

Analytics or customization cookies collect information that is either used in an aggregate form to help us understand how the Channels are being used or how effective Nelio’s marketing campaigns are, or to help Nelio to customize the Channels for you.

Nelio’s cookies

Nelio has defined and owns certain cookies that are used to run A/B tests and heatmaps experiments and to track visitor information. See Cookies Stored by Nelio A/B Testing for further details.

Social Media Features and Widgets

Our Channels may include social media features (such as Facebook’s “Like” button), widgets (such as the “Share This” button) or interactive mini-programs that run on Nelio’s site. These features are usually recognizable by their third party brand or logo and may collect your IP address, the page you are visiting on Nelio’s site, and set a cookie to enable the feature to properly work. Social media features and widgets are either hosted by a third party or directly hosted on Nelio’s site. Your interactions with these features are governed by the privacy policy of the company providing it.

Refusing cookies

Your browser may provide you with information and control over cookies. You can set your browser to alert you when a cookie is being used, and accept or reject the cookie. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the site, except in some cases where cookies are used as an essential security feature necessary for transaction completion. Cookies, however, are important to the proper functioning of a site, and disabling them may degrade your experience and interfere with website features and customizations.

You can find information on how to remove cookies, depending on the browser you use, at the following addresses:

You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu.

Changes to Nelio’s Privacy Policy & Cookies

Nelio’s services and business may change from time to time and Nelio may change this privacy policy & cookies’ information. Nelio reserves the right to update or modify this privacy policy at any time. If Nelio does so, Nelio will post the changes and will indicate at the top of this page the date of the last revision. You may want to review this policy periodically, and particularly before you provide any personal data. Any changes will become effective not earlier than 14 days after they are posted, except for changes addressing new functions of Nelio’s service or changes made for legal reasons, which may be immediately effective. Your continued use of the Channels after the date any changes become effective constitutes an acceptance of the new privacy policy.

Other Legal Information; Contacting Nelio

Please, read all Legal Information related to Nelio’s Channels.

If you have any questions about this privacy policy, please contact us at legal@neliosoftware.com.