PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. YOU HAVE THE RIGHT TO WITHDRAW ANY CONSENT PROVIDED PURSUANT TO THIS PRIVACY POLICY AT ANY TIME, BY EMAILING US AT: [email protected].
Introduction/General
This Privacy Policy explains what personal data Incredibuild Software Ltd. and its affiliates (“we” or “us”) collects, receives, uses, stores and/or process about you while using our website and the development acceleration technologies we provide (the “Services”) in the following use cases:
When you create an account and when you log in to the Services (including when you request to download our software)
- When you accept usage analytics in the Services
- When you purchase our products/Services
- When you contact us (e.g. customer support, need help, submit a support ticket)
- When you subscribe to our exclusive content
- When we process your job application
- When you attend a marketing event and provide us with your personal data
- When you exchange business cards with us
- When we obtain the personal data from third-party sources
- When we use the personal data of our service providers (e.g. contact details)
- When we use the personal data of our partners and customers (e.g. contact details)
- When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)
“Personal data” means any information that can be used, alone or together with other data, to uniquely identify any living human being.
Protecting your privacy and personal data are of great importance to us. This Privacy Policy also explains why and what we do with your personal data information and how we handle the information. Please note that this is a master Privacy Policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals. Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.
What Information We Collect, Why We Collect It, and How It Is Used
| Specific personal data we collect | Why is the personal data collected and for what purposes | Legal basis (GDPR only, if applicable) | Third parties with whom we share your personal data | Retention period | Consequences of not providing the personal data |
| When you create an account and when you log in to the Services (including when you request to download our software) | |||||
| Personal information you provide when you register to open your account for the Services, such as your full name, company name, country and state, email address, user name for the Services, phone number, password for the Services, information on how you heard of us, industry segment, development team number, average compilation schedule, programming language, use of certain technologies, what feature interests you in our Services, organization title. | To open your account.For marketing purposes and adjusting the product to you needs. | Legitimate interest (e.g., to provide you with the Services) Consent. | Marketo (marketing automation) Salesforce (sales operation) | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot open an account or download free trial. We cannot send marketing communications or adjust the product to your needs. |
| When you accept usage analytics in the Services | |||||
| Information about your use the Services, such as technical information on the agent machine including hardware and operating system details, Incredibuild license information, information about the utilization of each coordinator agent such as active time, average cores used, task duration and information about the build processes, including command line, cores utilization and statistical information on tasks execution (available tasks, distribution ratio etc.).Metrics about your service usage and system utilization such as how much time Each Incredibuild Helper is allocated to processing. | To improve the Services and enhance your user experience.To monitor and improve utilization. | Legitimate interest (e.g. to improve the Services) | Amazon Web Services (storing the data) | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | We cannot improve the Services or enhance your user experience.We cannot monitor and improve system utilization. |
| When you purchase our products and/or Services | |||||
| Personal information if you make a purchase from us such as licensee’s mailing and email address, company name to be coded onto the license and a contact person on behalf of the licensee and credit card information. | To process your purchase | Legitimate interest (e.g. to complete your purchase) Consent | Non | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot process your purchase |
| When you contact us (e.g. customer support, need help, submit a support ticket) | |||||
| Personal and other information that you may provide if you submit a support ticket: studio name, operating system, Incredibuild major and build versions, Visual Studio version, installed third party products, Incredibuild License ID, XGE Interface used, distribution version. | To provide support and respond to your request | Legitimate interest (e.g. to deal with your requests and questions) Consent | Kayako | Non existing | Cannot respond to support request or respond to your request |
| When you subscribe to our exclusive content | |||||
| Email address | To subscribe you to our newsletters, blogs and other exclusive content. To send you marketing communications. | Legitimate interest (e.g. to send you exclusive content) Consent. | Marketo (marketing) | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot subscribe you to our newsletters, blogs and other exclusive content. |
| When we process your job application | |||||
| Full nameEmail addressPhone numberCV / cover letterAny other information that you decide to provide/supply us | To assess you as a candidate. To analyze your application. | Processing is necessary for the performance of a contract (i.e. employment contract) to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. to assess you as a candidate) | Workable HR management | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot assess you as a candidate. Cannot analyze your application. |
| When you attend a marketing event and provide us with your personal data | |||||
| Full nameJob titleEmail addressCompany namePhone numberAny other information that you would provide us | To establish a business connection. | Consent Legitimate interest (e.g., to establish a business connection) | Marketo | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot establish a business connection. |
| When you exchange business cards with us | |||||
| Full nameJob titleEmail addressCompany namePhone numberAny other information that you provide us | To establish a business connection. | Consent Legitimate interest (e.g., to establish a business connection) | Salesforce | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot communicate with you Cannot perform the applicable agreement |
| When we use the personal data of our service providers (e.g. contact details) | |||||
| Full nameEmail addressPhone numberCompany nameAny other information that you decide to provide/supply us | To contact our service providersTo perform the applicable agreement | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. Legitimate interest (e.g. perform the contract, send contract-related communications) | Salesforce | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot communicate with you Cannot perform the applicable agreement |
| When we use the personal data of our Customers | |||||
| NameLast nameEmail addressJob titleCompany namePhone numberContact informationAny other data you decide to supply in the context of the contract | Performance of the applicable contractContract-related communicationsSending updates | Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contractLegitimate interest (e.g. sending updates about Incredibuild) | Salesforce | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot perform applicable contract. Cannot make Contract-related communications. Cannot send updates. |
| When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn) | |||||
| Full nameEmail addressSocial media channelAny other data you decide to provide/supply | To respond to your requests in our social media channels To send you marketing communications | Legitimate interest (e.g. respond to your requests in our social media channels) Consent | Salesforce Marketo | Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. | Cannot respond your request in our social media channels Cannot send you marketing communications |
Finally, please note that some of the abovementioned personal data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your personal data. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).
How We Protect and Retain Your Personal Data
Security – We have implemented appropriate technical, organizational and security measures designed to protect your personal data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
Retention of your personal data – In addition to the retention periods mentioned above, in some circumstances we may store your personal data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your personal data or dealings. We have an internal data retention policy to ensure that we do not retain your personal data perpetually.
How We Share Your Personal Data
In addition to the recipients described above, we may share your personal data as follows:
- With our authorized resellers either with your consent or in accordance with our legitimate interests which are balanced against your rights and freedoms for the purposes of establishing a business relationship and so that they can contact you regarding our services and product.
- To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
- If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your personal data to such third party (whether actual or potential) in connection with the foregoing events;
- In the event that we are acquired by, or merged with, a third-party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your personal data in connection with the foregoing events; and/or
- Where you have provided your consent to us sharing or transferring your personal data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
If you want to receive the list of the current recipients of your personal data, please make your request by contacting us at [email protected].
Transfers of Personal Data
- Storage: Google Cloud in EMEA, Salesforce CLOUD EMEA
- Access from Israel: Access from Israel is covered by the European Commission’s Adequacy Decision regarding Israel. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
- Internal transfers: Transfers within the Incredibuild Groupwill be covered by an internal processing agreement entered into by members of the Incredibuild Group(an intra-group agreement) which contractually obliges each member to ensure that personal data receives an adequate and consistent level of protection wherever it is transferred to.
- External transfers: Where we transfer your personal data outside of EU/EEA (for example to third parties who provide us with services), we will obtain contractual commitments from them to protect your personal data. Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.
Your Rights
The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR:
- You have the right to access personal data we maintain about you – your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
- You have the right to request that we rectify any personal data we hold that is inaccurate or misleading.
- You have the right to request the erasure/deletion of your personal data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims.
- You have the right to object, to or to request restriction, of the processing;
- You have the right to data portability. This means that you may have the right to receive your personal data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
- You have the right to object to profiling;
- You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
- You also have a right to request certain details of the basis on which your personal data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
- You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence). We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.
You can exercise your rights by contacting us at https://www.incredibuild.com/privacy-control-center. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
Deleting your account: Should you ever decide to delete your account, you may do so here. If you terminate your account, any association between your account and personal data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.
Information Regarding Children
We do not offer our products or services for use by children and, therefore, we do not knowingly collect personal data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any personal data to us without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. In the event that we become aware that you provide personal data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at [email protected].
If we become aware that a child under age 18 has provided us with personally identifiable information, we will remove it.
Interaction with Third Party Products
We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third-Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third-Party Service.
Log Files
We use log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.
Analytic Tools
Google Analytics. The Website and Services uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personal information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
Specific Provisions Applicable Under California Privacy Law
California Privacy Rights:California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Please note that we will respond to one request per customer each year, unless otherwise required by law.
Our California Do Not Track Notice: We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.
Deletion of Content from California Residents:If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or personal information you have publicly posted. If you wish to remove such content or personal information and you specify which content or personal information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or personal information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.
Changes to This Policy
We may update this policy from time to time at our sole discretion. We will notify you about significant changes in the way we treat information by sending a notice to the primary email address specified you provided us and by placing a prominent notice on our website for a certain period of time, and require your consent if required by law, in light of the nature of the changes.
If you do not agree to be bound by the terms of the new or modified Privacy Policy, you agree to stop using the Services or the application, as applicable.
Contact Us
If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at [email protected].
- Data controller: Incredibuild Software Ltd
