Last updates: January 1, 2022
This Policy forms part of your agreement with us, when you access our website, available at inpixio.com, or any subdomain or website that links to this Policy, (the “Site” or “Website”), purchase license to any of our products or download or install any of our offered software, including our mobile applications (each or jointly “Products”), or otherwise engage with any of the services, features or forms that we may make available to you from time to time through the Site or other hosting websites (each individually, or jointly with the Site, the “Services“).
Please read the Policy carefully to be sure you understand it and agree with its terms, before you use the Services. If you do not agree with any of the terms provided in this Policy, and the choices we provide do not mitigate your concerns, please do not access or use our Services. If you feel you do not understand anything included in this Policy, please do not hesitate to contact us with any question you may have at: email@example.com.
Please note that this Policy is designed with the EU General Data Protection Regulation and the ePrivacy Regulation in mind (jointly, the “Applicable Laws”). If you are a resident of any jurisdiction other than the EU/EEA or UK, please refer to the Special Jurisdictions section, in addition to what is described in this Policy.
1. Data Controller
Controller Information: Avanquest Software SAS is the data controller of your personal data processed in connection with the Services. The company is based in France and located at Immeuble Adamas, 2 rue Berthelot, CS 90142, 92414 COURBEVOIE CEDEX, France.
Data Protection Officer (DPO): If you wish to contact us in any matter concerning this Policy, you are welcome to do so through the above address, or by email to our data protection officer (DPO) at: firstname.lastname@example.org.
2. Data Subjects
We may use data collected through the Site and Services in various ways, depending on whether you are (a) a business customer, a business partner that has a contractual relationship with us, or a prospective customer that is yet to be engaged in a contract with us (a “Customer“) (b) a visitor of our Site or a user of any of the Services who interacts with the Services (a “User“). Unless mentioned otherwise, the information provided in this Policy refers to Users, where a Customer can also be a User.
3. Consent and Choice
You are not legally obligated to provide us with Personal Information (see definition below) and you acknowledge that providing us with Personal Information is done freely by you. You also acknowledge that we will not be able to provide you with the Services or process requests you make without such information. Some of the Services will require you to submit specific Personal Information in addition to other information already processed about you. In such a case you can choose whether you want to use such additional Services or not.
To better learn about your rights to your Personal Information, including how to withdraw the consent given by you, refer to section 10 below.
4. Information we process, purpose, lawful basis and retention
Whether you are a Customer or a User of the Services, the information we process in connection with the Services can be one of the following:
- Personal Information (PI) means information that identifies you as a natural person, or that may be used, either alone or in combination with other information, to personally identify you as a natural person. Such information may include, for example, a first and last name, an email address, phone number, a home or other physical address, and other contact information. In addition, in some jurisdictions (as the EU for example), and given the specific use we make with the information, an IP address, device ID, and cookies could be considered as Personal Information as well.
- Non-Personal Information (non-PI) means information that cannot personally identify or lead to identifying a natural person. For example, statistics or aggregated information, or any other type of data that can no longer be attributed to you.
This Policy refers to information of the first nature, and can be collected in one of the following ways:
4.1. Information you submit to us
Submitting information to us is optional in certain cases, and required in others, depending on the Services you choose to use, and whether you are a Customer or a User.
- Contact details. We may process your contact details (such as email address or phone number) in case you submitted those to us when opening an account with us, when subscribing to our mailing list or when reaching out to our support services, as further described below.
- Subscription to our mailing list: If you voluntarily subscribe to our email communications, you will be asked to provide us with your email address. You can unsubscribe at any time using the unsubscribe option within the body of the email sent to you or rather by contacting our Data Protection Officer at email@example.com.
Purpose: We will use your email address to send you information related to the Products and Services and to keep you up to date regarding new Services, as well as provide you with tips related to our Services, and promotional and marketing emails, all subject to your consent.
Retention: We retain this information for as long as you did not explicitly ask us to delete it, or, if we learn that it was unlawfully collected (for example, if we discover you are a minor), and provided that no exemption is applied according to applicable law.
- Signing up, registration and account management. Some of the Services require registration and signing up to a user account, for example, when you use any of our trial software licenses or, when you choose to purchase a Product license. If you choose to do so you will be asked to submit some information such as your email address, full name and other Personal Information as the submission form indicates. Your email address will be used as your username together with a password of your choice for authentication and authorization purposes. This information will be used to uniquely connect your account and purchases with you, your device and your usage, and, for account authentication and security purposes. Upon your consent, your email address will be also used to send you information, updates and newsletters about our Services.
Purpose: We use your account information to assign an account to you, secure your access to your Account, manage your installations and purchases of license activity, provide you with access to your activity and the ability to manage it directly.
Retention: We retain account information for as long as you are a User of the Product, and so long as the Account Information is required to provide you with the Services or, as required by any applicable law. If billing is involved, we may retain such data for up to seven (7) years from the billing event, as required by applicable tax laws.
Please make sure to submit a functional email address. When an email address is not functional and we cannot validate a User, we may deactivate your associated password.
The information you provide will be used to process your order and to deliver the item(s) you ordered (to your email or physical address, as per your choice of order). If there is a problem with the order, one of our representatives may contact you by email or phone.
Purposes: We use the information to process your order, to deliver the Product you ordered, whether physically or by sending you your license key directly to your email address, to manage your purchase and the license key as per your selected type of subscription, and to protect the access to your account and purchased Product licenses.
We also use this information based on your consent and sometimes for our legitimate interest of assigning you a license key based on your specific type of subscription and to the specific type of device you associated with the license key. We associate your license key with your email address and device information. Upon your consent, your email address will also be used to send you information, updates and newsletters about our services.
In case there will be an issue with your order, one of our representatives will use the contact details you submitted in order to reach you by email or phone.
Retention: We retain this information for as long as your license key is valid, and may sometimes retain it for longer periods when applicable laws require (for instance, payment information), or if you didn’t withdraw your consent to share information with you via certain contact details you submitted to us.
- Contacting us / Support. When you choose to contact us, we may process your inquiry details and content, including your contact details in order to address such inquiries you have submitted to us. If you contact us for support, feedback or other inquiries, either through an online form available on our Websites, by sending us an email or by other means of communication we make available (such as by phone, or submitting a bug report or filling in a survey), you will be requested to provide us with your name and email address (or other contact information, as the case may be and depending on how you want us to contact back), and the subject matter of your inquiry.
Purpose: We use this information, based on your consent and our legitimate interest, for the purpose for which it was provided, respectively, including, responding to your inquiry and providing you with the support or information you have requested. This includes addressing any “Help and Support” ticket or chat you submit to us via the Websites or Services.
Retention: We retain such information for as long as needed to provide you with the inquiry requested or as required under applicable law. We may use third-party services (such as ZenDesk or Upclick) to help us provide this service, hence your data will be shared with them only for processing, tracking and addressing your request.
- Media files and proprietary content: When you use certain Products (such as photos editors, design programs or any other Products that for the nature of their Services require access to media files), you have the option to upload content, such as images and other media files (“Your Content”). We do not retain Your Content beyond locally and necessary to provide you with the Products, Services and features. Upon your choice and request, we may offer you a backup option or cloud storage. In which case it will be encrypted and we will have no access to Your Content.
Purpose and Retention: such type of data will be processed only to the extent necessary and for the time scope required to provide you with the Services, operate them and secure them.
- In the Mobile versions of the Services: Mobile permissions: when you choose to install the Product on your mobile device, and upon such installation, we will require you to approve the following access permissions, such as your files and storage settings, download folders, and more, as these are directly related and required for the Product’s core functionality. For extended functionalities that we may offer from time to time, the operating system of your mobile, and its respective application store, will ask you from time to time to approve special permission (opt-in consent), such as access to your media files.
4.2. Information collected about your use of the Services
When you access the Site, download a software product or otherwise use the Services, certain information about your actions in connection with the Services, your device, and Site visit may be processed, in order to provide the Services, maintain them, understand User’s usage, improving them with further versions and features, supporting them and protecting them.
Purposes: We collect information through server log files, but also by deploying tracking technologies within the Websites, such as pixel tags. The use of Online Identifiers serves one or more of the following purposes: (i) As part of our legitimate interest, we use certain online information for analytics and statistical purposes when we want to learn how Visitors and Users use our Websites and Services, and, when we want our Services to be responsive to Users’ and Visitors’ actions. (ii) We also use IP addresses many times as part of our legitimate interest to monitor, detect and prevent fraud or any automated non-human actions across our Websites and Services. The IP address also serves our legitimate interest to learn the country from which you access the Services and make sure we serve the Products and Services in the right language and in compliance with the jurisdiction in which we offer our Products and Services. (iii) In certain cases, and upon your consent, third-party cookies and tags will be used for advertising and marketing purposes of our Products and Services, including by using retargeting. See further explanation under “Third Party Services”.
- Device Information: We may collect certain information about the device from which you access the Websites, use Products and Services, such as user-agent (that includes the browser type and version, IP address, operating system type and version), device type (mobile/desktop), type and version of your operating system, your MAC address, the language you use on your device, and, when you choose to purchase a license to more than one device, we associate your license key and user ID with your email address and device information.
Purposes: Based on your consent, and in certain cases, our legitimate interest, we may process device information for one or more of the following purposes: (i) Product’s compatibility purposes, to the right device type, the relevant operating system’s version and features. (*) Offering additional Services or features that are specifically designed for the type of your device, for instance, mobile vs. desktop. (ii) To associate a license key issued to you with the device on which you install the Product. (iii) The Products’ core functionality is to help you manage your device’s space and optimize your ability to use it. In that case, as part of the Product’s functionality and based on our legitimate interest we will access certain device information that is required to provide, maintain and support such functionality.
Retention: We retain device information for as long as necessary to provide the Product’s functionality, to maintain a record of your license key and usage of the product, to associate license terms and renewals.
- Online activity: We also collect certain online activity information from Visitors, for example, if you clicked an advertisement of our product, we will get the source URL in which you click the advertisement, or, by using third-party services (such as retargeting), we may offer to you one or more of our Products when you visit other websites. Under this category, we may also document in log files your clicks on actions and buttons across our Websites or online Services, if provided, as described under the category of “Online Identifiers”.
Purpose: We use this information for the following purposes: (i) Based on your consent – for advertising, marketing and retargeting of our Products and Services. (ii) Based on our legitimate interest – to make the Website, Products and Services responsive and functional, to measure and calculate our payments to advertisers and to monitor and prevent ad fraud concerning our Products and Services.
- Installation reports: When you install one or more of our products, our server may receive some information about your systems such as the type of your Operating System, version, language, timestamp of installation and the IP address that your internet service provider allocates to your computer, for purposes of ensuring that the device and installation are real and not fraudulent, and to ensure that the device is one that was not already installed the same product before (anti-fraud purposes). We need this data so we can serve the installed file, operate it and ensure compatibility.
Purpose: This information is collected for purposes of enabling the installation of the Product, recording it in our systems, being able to serve you with the Services via our servers when you use the Product, and tracking and making sure that the device and installation are real and not fraudulent. We also need this data so we can serve the installed file, operate it and ensure compatibility.
We retain this information for as long as the Product is installed on your device, and sometimes a bit longer afterward if we believe in our discretion that your device and any associated installation are associated with fraudulent installations or any other malicious usage of our Services.
- Product Activity: we automatically record and process activities related to the Product’s usage and functionality in order to be responsive to them or allow you to revert certain actions you took.
- Media and marketing channels: we use digital media sources in order to market and advertise the Services. When you land on our Site as a result of clicking an ad, we will receive information about the source media from which you arrived at our Services. This information includes a referral URL (the URL from which you arrived at our Site) and your IP address and will be collected via tags and cookies. The purpose of processing this data is to know the marketing channel from which you arrived, measurement and calculation purposes for the advertising, measure effectiveness of a marketing channel and filter fraudulent actions associated with such marketing and advertising channels.
4.3. Information we may receive from third parties
Personal Data provided to us by third parties, for example, our service providers who process your data on our behalf (as further detailed below), media channels who direct you to our websites or products, when you choose to sign up or log in to your account via your social media, we may get access to your public profile information, or, in certain cases, third-party data validation sources who help us to convert a raw piece of data into a conclusion (for example, an IP address to a country):
Depending on the case and functionality of the Product, Services, Website or the marketing and advertising of those, we may receive information from third parties, such as:
- If you sign up or sign in by using your social media or email authentication option, we may get access to publicly available information associated with your social media account (mostly, full name and email address, or any other Personal Data you chose to post publicly).
- When we want to retain non-raw Personal Data and exchange it in a less sensitive level of data, for example, when we want to extract a country out of an IP address.
5. Cookies and web technologies
A cookie is a small text file that is placed on the browser of the hard drive of your computer (or similar device) by websites that you visit. Cookies are typically used in order to make websites function, or function more efficiently, as well as to provide information to the operator of the particular website. Cookies make your use of the Site and Services easier to use and improve their functionality. They are used to make the login process easier for our users, to allow the website to track which products you have added to your cart and your preferred country, language and currency, and to track the Website’s Visitor across the Site.
6. How we use your information
We use User information for the purposes we described next to each data type above, and for the following purposes:
- Providing our Service, supporting them, improving them and securing them, so as to better market and advertise them.
- We use certain information to prevent fraud and fake installations.
- Open an account for you, manage it and support it.
7. Lawful basis for processing Personal Information
If you are a Customer, our lawful basis to process your Personal Information is a contract, or, preparation for contractual engagement. Otherwise, we will process Personal Information based on your consent, if required by Applicable Laws, or, legitimate interest, when processed for such an interest. Otherwise, the lawful basis for data processing will depend on the Personal Information concerned and the specific context in which we collect it: (a) we normally process Personal Information where we have your consent to do so, for example, when you submit a form to us or open an account with us, or confirm our cookies usage; or, in certain cases (b) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, such as when we use the data in order to provide the core Services, or when used for anti-fraud purposes.
In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, including if you would like to better understand how our legitimate interests to process your data are balanced against your data protection rights and freedoms, please contact us.
8. Sharing Personal Information
In order to provide the Services and support them, we may share or disclose information to third parties, as follows:
- Service Providers (also, “Processors”). We may disclose Personal Information to vendors, service providers, agents, contractors, or others who perform certain functions on our behalf. This includes: CRM services, hosting data, securing, support services, patent processing, advertising, marketing and similar services. For more information about our third-party services, please refer to Section 9 below.
- Our affiliated companies. We may disclose Personal Information to any current or future affiliated company, parent companies, or subsidiaries to process for the purposes described in this Policy. Affiliated companies are companies controlling, controlled by, or under common control with us, including, for example, Avanquest North America.
- Merger, Sale or Bankruptcy. In the event that we or one of our affiliated entities is acquired by, or merged with, a third party entity, or otherwise sells all or part of our/its assets, we may (and hereby reserve the right to) transfer or assign the Personal Information and other information we have collected or received. In such a case, we will require the acquiring entity to post its data practices and provide you with any of your rights as per the jurisdiction of your residency.
9. Third-party services
In order to provide, operate, maintain, serve and improve the Site and Services, so as to be able to further offer additional products and features, we use third-party services. Such Services include payment processors, feedback features, support and ticketing systems, operational tools, analytics and statistical tools, and so forth. Those services include the following categories:
- Hosting services and storage: We use third-party host and storage services (including cloud storage) to host our Sites, respective data and retain your Information. Such Processors may be based (and their servers may be located) anywhere in the world. We require each such Processor to maintain strict privacy protection and data security policies and ensure their compliance with applicable data protection laws. However, their practices and activities are fully governed by their own privacy policies.
- Analytics. If you are a User and visiting our Site, we may use analytics services to help us understand how Users interact with our Site and Services.
- Support services. We may use, from time to time, support and help desk services to provide better and faster support, whether online or, when you contact customer support.
- Authentication and security. In cases where you open an account with us, we may integrate over time certain authentication services.
- Payment processors. When you choose to purchase one or more of our products, we may use payment processing services carrying strict security standards.
- CRM and mailing lists. If you are a Customer or a User, we may use services to manage and secure your Personal Information, or, manage subscriptions and notifications lists.
- Technology partners. some of our products and Services may include third-party technologies, widgets or features, in order to enhance a product’s functionality and expand it to include more features for you.
10. Your Rights and Choices
Depending on your country of residency, and on the type of your use of our Products and Services (Visitor or a User) certain rights concerning your Personal Data may be available to you. Please contact us at firstname.lastname@example.org with your detailed request and sufficient information to allow us to verify you and your request, and we will process your verifiable request within the timeframe indicated in the applicable regulation. Please note, that when handling these requests, we may ask for additional information from you.
- Right of access: You may ask us to access any Personal Data held about you.
- Right to rectification: You have the right to ask us to correct the information we hold about you.
- Right to erasure: You may ask us to delete your information or to stop using it. We can only do this when possible, and as allowed by applicable laws. Sometimes we need your information to complete a transaction based on an action you made, comply with the law or to simply provide you with the Products and the Services.
- Right to the restriction of processing: You may ask us to temporarily cease the processing of your Personal Data, or, for a specific purpose or function. Please note that this too, might cause us to not be able to provide you with the Products and Services or part thereof;
- Objection to processing: You may request us to stop processing your Personal Data. Similar exceptions as mentioned above will apply to such a case as well;
- Right to data portability: You may contact us to request an export of your Personal Data in a reusable format, or to directly transfer such data to another vendor offering related services;
- Right to withdraw consent: Where you have given us your consent to use your information for a specific purpose, you may, at any time, decide to withdraw your consent and we will then stop using your information for that purpose, under the exceptions listed above;
- Right to lodge a complaint: If You live in a country where the EU GDPR applies (e.g. the EU, EEA or UK), you may lodge a complaint with the authority responsible for protecting Personal Data in your country of residence, if you believe that your rights have not been respected by us. In such a case, you are welcome to reach out to us first so we will be able to help you with such a matter, at: email@example.com Exercising your rights
If you have an account with us, some of those rights will be accessible to you directly from there. Otherwise, you can exercise your rights by reaching out to us at firstname.lastname@example.org, or by post to:
Avanquest Software SAS
Immeuble Adamas, 2 rue Berthelot, CS 90142,
92414 COURBEVOIE CEDEX, France
Please be noted that if you decide to purchase a product or download a trial version or a product after unsubscribing with us, we may still send you service emails related to these transactions, such as order confirmations, product notices, expiry notifications, bug-fix notifications, security alerts, compatibility notifications, or enhancements.
You have the right to lodge a complaint to a data protection authority about our collection and use of your Personal Information. To learn more, please contact your local data protection authority, via the contact methods available here. However, if you have any questions about our collection and use of your Personal Information, please first contact us at email@example.com or firstname.lastname@example.org.
11. Information Security
We implement organizational and technical measures to protect Customers’ and Users’ privacy and to protect their Personal Information, including, by using third-party services specializing in data security. We periodically review our information and data collection practices to ensure constant monitoring, we use third-party processing and serving services that implement various information security standards and certifications and we monitor and filter access to data when it comes to personnel in our organization. Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security, as there is no such thing when it comes to the worldwide network. Therefore, we cannot guarantee that the Website and our servers are immune to unauthorized access to the information stored therein and to other information security risks. If you have any questions about the security of the Site or Services, you can contact us at email@example.com.
12. Information transfer
We may transfer your Information (including Personal Information) outside the country in which it is collected or in which you reside (e.g., to the United Kingdom or the United States), including to a country that may not offer the same level of protection for Personal Information as of the country in which you reside. However, in which case we make sure to place all contractual safeguards (such as verification of an adequate level of protection measures, security certificates and other measures that help us assess the security level of a third-party service).
13. Data Retention
We will retain your information for as long as your account is active or as needed to provide the Services to you, all in accordance with applicable laws. We may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes. Any communication data, including Personal Information therein, is stored for as long as needed to provide you with the inquiry or as required by law.
The Site or the Services are not designed to attract children under the age of 16. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 16. If we learn that we have collected Personal Information from a child under 16, we will use commercially reasonable efforts to delete that information as quickly as possible. If you believe that we might have any such information, please contact us at firstname.lastname@example.org.
15. Changes to this Policy
16. Special Jurisdictions
California Residents: If you are a California resident, please see our CCPA notice.
17. Any Questions?
If you have any inquiries regarding this Policy, don’t hesitate to contact us at: email@example.com.