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Platform Privacy Policy

Swift Software, Inc. dba HighGear (“HighGear”)

Last Updated: June 2, 2022

Welcome to the HighGear Platform privacy policy. These policies relate only to the collection and use of your data shared through the HighGear SaaS platform (“the HighGear Platform”) and/or any electronic communication between you and HighGear relating to the Platform. For our privacy policies relating to your use of our commercial website, please go here: https://www.highgear.com/privacy-policy/.

This policy does not apply to information collected by:

  • The HighGear commercial website
  • HighGear offline or through any other means including by way of a third party, except as it relates directly to the HighGear Platform and was sent by HighGear;

About Us

HighGear provides the only visual no-code platform empowering business analysts, managers, and technically creative subject matter experts to rapidly and safely build, manage and integrate enterprise-grade workflow applications. HighGear empowers teams of everyday business users to quickly assign tasks, manage work, track progress, and report the status of activity that flows across dozens of departments in real-time. HighGear provides business unit managers with real-time visibility into the status of operations to dramatically improve efficiency, increase productivity and quickly respond to changing market conditions to accelerate digital transformation. HighGear supports rigorous governance enabling IT departments to easily control authentication and integration while also exceeding the strictest commercial and government security requirements. HighGear is trusted by leading companies worldwide to power mission-critical processes in regulated industries and to surpass critical compliance requirements for customers around the globe.

We respect your privacy and are committed to protecting your personal data.  This privacy policy will inform you as to how we look after your personal data when you access The HighGear  Platform (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This policy describes the following:

  • The types of information we may collect from you;
  • Our practices for collecting, processing, securing and disclosing your information;
  • Your options on how to manage, delete, rectify and access your personal information; and
  • What your rights are under privacy law, and how to execute them

By accessing or using The HighGear Platform, you agree to this policy.

When using the HighGear Platform, you may be one of three categories of users: HighGear Administrator, HighGear Contributor, or Unafilliated User.

HighGear Administrators
You are a HighGear Administrator if you or your organization has entered into a contractual services agreement with HighGear and you are accessing the HighGear Platform on behalf of your organization as an administrator.

HighGear Contributor
You are a HighGear Contributor if you or your organization has entered into a contractual services agreement with HighGear and you are accessing the HighGear Platform on behalf of your organization, but you are not an administrator.

Unafilliated User
You are an Unafilliated User if your information is recorded in the HighGear Platform by the HighGear Administrators or Contributors, but you and your organization have not entered into a contractual services agreement with HighGear.

Minors
HighGear does not market or direct its products or services to minors and does not intentionally collect the personal data of any child under the age of 16. If you have reason to believe that the HighGear Platform is processing the data of a minor without the appropriate parental or guardian consent, please contact us using the details outlined in Section I of this policy, below, and we will remove the data.

SECTION I: IMPORTANT INFORMATION & POLICY PURPOSE

Purpose of this Privacy Policy.  This privacy policy aims to give you information on how We collect and process your personal data through your use of the HighGear Platform, including any data you may provide through this Platform when you purchase our products or services.  It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.  This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller.  HighGear is the controller and responsible for your personal data (referred to as “HighGear”, “we”, “us” or “our” in this privacy policy).

Contact Details.  If you have any questions about this privacy policy or our privacy practices, please contact our Data Processor using the information below:

Swift Software, Inc. dba HighGear
privacy@highgear.com
8490 Progress Drive
Suite 250
Frederick, Maryland 21701
1-866-640-2633

Changes to the Privacy Policy and Your Duty to Inform HighGear of Changes.  We keep our privacy policy under regular review.  It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for regularly visiting this Privacy Policy to check for any changes.

It is important that the personal data we hold about you is accurate and current.  Please keep us informed if your personal data changes during your relationship with us by sending us an email at privacy@highgear.com.

Third Party Links.  The HighGear Platform may include links to third-party sites, plug-ins and applications.  Clicking on those links or enabling those connections may allow third parties to collect or share data about you.  We do not control these third-party locations and are not responsible for their privacy statements.  When you leave our Platform, we encourage you to read the privacy policy of every third-party location you visit. Third-party interactions (such as an embedded third-party application) may also be included within your specific HighGear system by your HighGear Administrators.

SECTION II: THE DATA WE COLLECT ABOUT YOU

Personal Data.  Personal data, or personal information, means any information about an individual from which that person can be identified.  It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the HighGear Platform.
  • Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our Platform, products and, services.
  • Marketing and Communications Data includes your preferences in receiving marketing from HighGear and our third parties and Your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose.  Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.  For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform feature.  However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you.  This includes information such as your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data.  Nor do we collect any information about criminal convictions and offenses.

SECTION III: HOW YOUR PERSONAL DATA IS COLLECTED

Data Collection Methods.  We use different methods to collect data from and about you, including through:

Direct interactions.  You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.  This includes personal data you provide when you:

  • Apply for our products or services;
  • Create an account on the HighGear Platform;
  • Subscribe to our service or publications;
  • Request marketing to be sent to you;
  • Enter a competition, promotion or survey; or
  • Give us feedback or contact us.

Automated technologies or interactions.  As you interact with the HighGear Platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns.  We may collect this personal data by using cookies, server logs and other similar technologies.  We may also receive Technical Data about you if you visit Our sites which employ cookies.  A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform.

Third parties or publicly available sources.  We may receive personal data about you from various third parties and public sources as set out below:

  • Technical Data from the following parties:
    • Analytics providers;
    • Advertising networks;
    • Search information providers.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly available sources.

SECTION IV: HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to.  Most commonly, we will use your personal data where we need to perform the contract we are about to enter into or have entered into with you, where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, or where we need to comply with a legal obligation.

Section X below has more information about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data.  You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which We will Use Your Personal Data.  We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.  We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.  Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set forth in the table below.

Purpose/Activity Type of Data Lawful basis for processing including basis of legitimate interest
To register you as a new customer/subscriber (a)   Identity
(b)   Contact		 Performance of a contract with you
To process and deliver your order including:
(a)   Manage payments, fees and charges
(b)   Collect and recover money owed to us		 (a)   Identity
(b)   Contact
(c)   Financial
(d)   Transaction
(e)   Marketing and Communications		 (a)   Performance of a contract with you
(b)   Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you, which will include:
(a)   Notifying you about changes to our privacy policy
(b)   Asking you to leave a review or take a survey
(c)   Notifying you about key HighGear features and education regarding HighGear use		 (a)   Identity
(b)   Contact
(c)   Profile
(d)   Marketing and Communications		 (a)   Performance of a contract with you
(b)   Necessary to comply with a legal obligation
(c)   Necessary for our legitimate interests (to keep our records updated and to study how customers use our products or services)
To administer and protect our business and the HighGear Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a)   Identity
(b)   Contact
(c)   Technical
(d)   Usage 		(a)   Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
(b)   Necessary to comply with a legal obligation
To deliver relevant HighGear Platform content, education and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a)   Identity
(b)   Contact
(c)   Profile
(d)   Usage
(e)   Marketing and Communications
(f)    Technical		 Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to educate you in the use of our product, to grow our business and to inform our marketing strategy)
To use data analytics to improve the HighGear Platform, products/services, marketing, customer relationships and experiences (a)   Technical
(b)   Usage		 Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Platform updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a)   Identity
(b)   Contact
(c)   Technical
(d)   Usage
(e)   Profile
(f)    Marketing and Communications		 Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing.  We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional Offers from Us.  We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you.  This is how we decide which products, services and offers may be relevant for you (i.e. marketing).

You may receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Opting Out.  You can ask us or third parties to stop sending you marketing messages at any time by sending us an email at privacy@highgear.com.

When you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, experience or other transactions.

Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when web applications set or access cookies. If you disable or refuse cookies, please note that some parts of the HighGear Platform may become inaccessible or not function properly.

Change of Purpose.  We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.  If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.  Please know that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

SECTION V: DISCLOSURES OF YOUR PERSONAL DATA

Permitted Disclosures.  We may share your personal data with third parties for the purposes set out in the table in Section IV of this Privacy Policy.

Security of Your Personal Data.  We will require all third parties to respect the security of your personal data and to treat it in accordance with the law.  We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

SECTION VI: INTERNATIONAL TRANSFERS

In the event that we use service providers, vendors or work with other third parties located outside of the United States to provide you services hereunder, we will ensure that appropriate safeguards are put into place to appropriately protect your data in compliance with this Privacy Policy.

SECTION VII: DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.  In addition, we limit access to your personal data to those employees, agents, contractors or other third parties who have a business need to know.  They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal data, We cannot guarantee the security of your personal data transmitted to or from the HighGear Platform.

Passwords
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the HighGear Platform, you are responsible for keeping this password confidential. Passwords registered with the HighGear Platform are encrypted to ensure protection against unauthorized access to your personal data. We ask you not to share your password with anyone.

SECTION VIII: DATA RETENTION

In General.  We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.  We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

How We Determine the Data Retention Periods.  To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Data Retention. Data will be retained only for as long as is required to achieve the purpose for which data was collected and are being processed

Legal Requirements.  By law we have to keep basic information about our customers, including Contact, Identity, Financial and Transaction Data, for seven (7) years after they cease being customers for tax and liability purposes.

Miscellaneous.  In some circumstances you can ask us to delete your personal data.  See Section IX below for further information.  Additionally, in some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

SECTION IX: YOUR LEGAL RIGHTS

Rights of Data Subjects (You).  Under certain circumstances, you have rights under data protection laws in relation to your personal data.  Please click on the links below to find out more about these rights.  You have the right to:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to the processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Withdraw Consent.

If you wish to exercise any of the rights set forth above, please contact us by email at privacy@highgear.com.

No Fee Typically Required.  You will not have to pay a fee to access your personal data (or to exercise any of the other rights); provided, however, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.  Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need from You.  We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights).  This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.  We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond.  We try to respond to all legitimate requests within one (1) month.  Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests.  In this case, we will notify you and keep you updated.

SECTION X: GLOSSARY

LAWFUL BASIS.

  • Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service or product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.  We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).  You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

YOUR LEGAL RIGHTS.  With respect to the Data collected from You solely for the purposes set forth hereunder:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of your personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.  You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.  Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.  In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
    • If you want us to establish the data’s accuracy.
    • Where our use of the data is unlawful, but you do not want us to erase it.
    • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
    • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
  • Request a transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.  Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.  If you withdraw your consent, we may not be able to provide certain products or services to you.  We will advise you if this is the case at the time you withdraw your consent.

SECTION XI: Your California Privacy Rights

California Consumer Privacy Act
If you are a California resident, you can make certain requests regarding your personal information. We will fulfill each of these requests to the extent required by law.

You can ask:

  • what personal information we have about you, including a list of your personal information that we have shared with another company for a business purpose; and/or
  • us to delete your personal information

More information on each of these requests is below.

If you ask about the personal information that we collect about you, we will return to you (to the extent required by law):

  • The categories of sources from which we collect your personal information.
  • The business or commercial purpose for collecting or using your personal information.
  • The specific pieces of personal information we have collected about you.
  • The categories of third parties with whom we share personal information.
  • A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
  • The categories of personal information we have collected about you.

You can ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to personal information we collected about you in the previous 12 months.

Delete My Personal Information: You have the right to ask that we delete your personal information with respect to the data collected solely for the purposes hereunder. Once we receive a request, we will delete the personal information (to the extent required by law) we hold about you as of the date of your request from our records and direct any service providers to do the same. If you choose to delete your personal information, you may not be able to use certain HighGear Platform or in-store functions that require your personal information to operate. In some cases, deletion may be accomplished through de-identification of the information.

We will not discriminate against you for exercising your rights. This generally means we will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Please know, if you ask us to delete your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require usage of your personal information to function.

To exercise the California privacy rights described above, please email us at privacy@highgear.com.

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