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PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE USING THE 508 SOFTWARE WEBSITE AND/OR PRODUCTS. BY ACCESSING AND USING THE 508 SOFTWARE WEBSITE AND/OR PRODUCTS, YOU WILL BE DEEMED TO HAVE WHOLLY ACCEPTED THE TERMS AND CONDITIONS OF THIS 508 SOFTWARE PRIVACY POLICY.

Last Updated August 19, 2019

Your use of the 508 Software LLC and its affiliates (“508 Software”), if and as applicable, Website and Products, including any dispute concerning Your online privacy therewith, is subject to this 508 Software Privacy Policy (“Privacy Policy”) and the Terms of Service. By using the 508 Software Website and/or Products, You ACCEPT the practices set forth in the Privacy Policy and the Terms of Service. For this reason, please frequently refer to the Privacy Policy to ensure Your continued ACCEPTANCE of all 508 Software practices relating to Your Personal Information. Your continued use of any portion of the Website and/or Products following the posting of an updated Privacy Policy will constitute Your full ACCEPTANCE of any changes.

508 Software is committed to adhering with the EU-US Privacy Shield Framework (the “Framework”) and the Framework’s Principles (“Principles”) regarding all Personal Information received in the United States (“U.S.”) from the European Union (EU) in reliance on the Privacy Shield, and currently is undergoing the certification process for such participation. As such, 508 Software is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). 508 Software’s commitment to the Framework and Principles is outlined in Sections G & H, below. To learn more about the Framework and Principles You can visit the Privacy Shield Website.

508 Software has created this privacy statement in order to fully disclose its information gathering and dissemination practices for the 508 Software Website and related websites (“Website”), and the products and services offered and provided through the Website (“Products”).

Changes in Privacy Policy

508 Software reserves the right to modify the Privacy Policy at any time and will notify You as to any changes via the Website, by email, or as outlined in the Terms of Service. 508 Software wants You to always be aware of what personal and other information it collects, how 508 Software uses that information, and what rights You have regarding Your Personal Information. All Personal Information that 508 Software collects will be handled in accordance with the Privacy Policy in effect at the time the information is collected. If the Privacy Policy changes in any significant respect in the meantime, 508 Software will not (without Your permission) use Your Personal Information in a manner that is inconsistent with the Privacy Policy in effect at the time Your information was collected.

Table of Contents

  1. Background Information
  2. A Word from 508 Software
  3. Information 508 Software Collects
    • Information 508 Software Collects Through the Website
    • User Content
    • Providing Your Information to 508 Software
    • User Account
    • Third-Party Websites and Service Providers
    • Third-Party Applications
    • Information Relating to Children (COPPA)
    • Cookies and Web Beacons
    • Targeting Cookies
  4. Purpose of Processing & Use and Disclosure of Information
    • How Your Personal Information is Used
    • Disclosure of Information to Third Parties
    • Securing the Transmission and Storage of Information
    • Change of Control
  5. Data Choices Available to You
    • Opt-In and Disclosure
    • Opt-Out Options
    • Registration Email and Contact by 508 Software
    • User Account Preferences
    • California Residents
  6. Rights of European Users under the GDPR
    • Data Controller
    • Data Processor
    • Consent
    • Legal Basis for Processing
    • GDPR Rights:
      1. Right of Confirmation
      2. Right of Access
      3. Right to Rectification
      4. Right to Erasure (Right to be Forgotten)
      5. Right to Restriction of Processing
      6. Right to Data Portability
      7. Right to Object and Automated Decision-Making
      8. Right to Object to Processing
    • Retention Policy
    • Cross-Border Data Transfers
  7. Privacy-Related Inquiries and Complaints
  8. Privacy Shield Policy
    • EU-US Privacy Shield Principles

A. BACKGROUND INFORMATION

Upon reading this Privacy Policy, You will be informed of the following:

  1. Description of the types of Personal Information (Yours and that of third parties) collected through the Website and Products;
  2. How collected Personal Information is used;
  3. With whom the collected Personal Information may be shared;
  4. The choices available to You regarding the collection, use, and distribution of such information;
  5. Security procedures that are in place to protect against the loss, misuse, or alteration of Personal Information under 508 Software’s control; and
  6. Instructions on how You may access and correct any inaccuracies in the information collected about You.

A note about the Website and Products: Some of 508 Software’s Products, data centers, service providers, affiliates, or operating partners and servers may be located in other countries. As such, the Website and Products may be subject to the laws of numerous countries and jurisdictions, some of which may require 508 Software to disclose certain information about its users. 508 Software is committed to keeping Your Personal Information private while using its best efforts to comply with all applicable laws in the jurisdiction(s) in which it operates.

Should You have any concerns or believe that there are problems or issues relating to compliance with the policies outlined in the Privacy Policy, please notify 508 Software’s Data Protection Officer (“DPO”) by email at dpo@508software.com, as also outlined in Section G, below.

B. A WORD FROM 508 SOFTWARE

508 Software has a strong commitment to providing superior service to all of its customers, users, and visitors, particularly with respect to their concerns about privacy. 508 Software understands that You may have questions about how the Website and Products collect and use Your Personal Information. Accordingly, 508 Software prepared this statement to best inform You of the privacy principles that govern the Website and Products. 508 Software will not sell or rent Your Personal Information or a list of its customers and/or users to third parties. However, as described in more detail below, there are limited circumstances in which some of Your information may be shared with third parties—under strict restrictions—so it is important for You to carefully review the Privacy Policy.

In agreement with the General Data Protection Regulation (“GDPR”), 508 Software will provide the utmost respect for and protection of any data/information it receives that could potentially identify You, including Your name, email address, personal telephone number, mailing address, payment information, photos of You, IP address, and any other information that may lead to You being personally identified without Your consent (“Personal Information”).

The Privacy Policy contains numerous general and technical details about the steps 508 Software takes to respect Your privacy. 508 Software has organized the Privacy Policy by major processes and areas so that You can quickly find the information of most interest to You. The bottom line is that meeting Your needs and expectations forms the foundation of everything 508 Software does, including the protection of Your Personal Information and privacy.

C. INFORMATION 508 SOFTWARE COLLECTS

Information 508 Software Collects Through the Website

The Website does not collect Personal Information from Your computer when You browse the Website and request pages from 508 Software’s servers. This means that, unless You voluntarily and knowingly provide 508 Software with Personal Information, 508 Software will not know Your name, email address, or any other personally identifiable information.

When You request a webpage from the 508 Software Website, 508 Software’s servers log the information provided in the HTTP request header, JavaScript or similar technical tools, including the IP address, the time of the request, the URL of the request, and other technical information. 508 Software collects this information in order to make its Website function correctly and to provide You the functionality that You see on the Website, as 508 Software’s servers use this information to deliver the Internet pages You request. 508 Software also uses this information to better understand how visitors use the Website and how 508 Software can better tune its Website, contents, security, and functionality to best meet Your needs. However, this information is separate from any other personally identifiable information of persons browsing the Website.

When You use the Website, 508 Software, or trusted authorized third parties, may also collect certain technical and routing information about Your computer (also known as environment variables) to facilitate Your use of the Website and Products enabled thereby. When You browse the Internet, Your Internet browser (such as Mozilla Firefox, Google Chrome, or Microsoft Internet Explorer) automatically transmits some information to 508 Software every time You access content on one of 508 Software’s Internet domains. Examples of such information include the URL of the particular web page You visited, the IP address of the computer You are using, or the browser version that You are using to access the Website. All of this information may be collected by 508 Software and used to help improve its offerings to You.

User Content

User Account holders, if and as applicable, may be permitted to upload certain content onto the Website and Products (“User Content”). This information shall be private and, except in accordance with the Privacy Policy, will not be disclosed to third parties without Your prior permission.

Providing Your Information to 508 Software

You never have to provide Personal Information to 508 Software. However, should You choose to withhold certain required information, 508 Software may not be able to provide You with some or all of the Products. Some of the information 508 Software asks You to provide may be identified as mandatory or optional. If You do not provide the mandatory information with respect to a particular activity, You may not be able to engage in that activity or make such a purchase. 508 Software will inform You of the mandatory or optional nature of the requested or required information.

508 Software is the sole owner of the information it gathers on the Website and Products. 508 Software will only share Your information with outside parties in ways that are described in the Privacy Policy if required to do so by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, to cooperate with law enforcement agencies, to comply with a legal process served on 508 Software, or to otherwise comply with any current or future laws and regulations applicable to 508 Software.

You may be provided an opportunity on the Website to allow 508 Software to contact You from time to time regarding 508 Software news and Product updates. In order to do so, You may be required to provide certain Personal Information to 508 Software. 508 Software will treat this information in accordance with the policies set forth in the Privacy Policy.

When You submit Personal Information to 508 Software through the Website, You understand and AGREE that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which 508 Software and its affiliates and subsidiaries maintain offices. You also ACKNOWLEDGE that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of Your information may be undertaken by trusted affiliates of 508 Software. 508 Software may use affiliates to aid in the facilitation of technical support services that may potentially receive limited access to Your Personal Information. Though these affiliates may change from time to time, such affiliates are bound by contract to only process information per 508 Software’s instruction, to provide appropriate measures to protect Personal Information against accidental or unlawful destruction, loss alteration, and unauthorized disclosure or access, to assist 508 Software in responding to individuals exercising their rights under the Framework, and for understanding on whether onward transfers of data is allowed.

508 Software may establish relationships with various service providers whose services may become available to You from the Website or from other websites linked therewith. Typically, these providers would offer services that 508 Software customers might find useful, such as those that can be used in conjunction with the Website or Products. In order to use these other-website services, You may be required to provide Personal Information to such services providers. Unless expressly provided to the contrary, Personal Information that You provide while You are visiting a provider’s website will be subject to the privacy policy posted on such website; additionally, Personal Information that You provide while on the 508 Software Website in conjunction with a provider’s service may also be subject to that service provider’s Privacy Policy. For example, credit card information entered while populating a purchase form or registration process on the Website is collected by a third-party registration service and subject to their respective privacy policy, and not 508 Software. You should be aware that 508 Software’s agreements with these service providers often provide that they will share with 508 Software Personal Information collected from You. In such instances, 508 Software may use this information in a manner consistent with the Privacy Policy.

Payoneer, PayPal, Tipalti, 2Checkout, and any other third-party payment service providers designated by 508 Software are responsible for payment information You provide 508 Software, which will be subject to their respective privacy policies, such as:

508 Software may also use third-party platforms to sell its Products, such as Amazon, cleverbridge, Digital River, eBay, StackSocial and other third-party platforms authorized by 508 Software to offer its Products. These third-party platforms may change from time to time, however, regardless of the platform 508 Software chooses to offer its Products through, the safety of Your Personal Information will be paramount and handled in accordance with the Privacy Policy.

User Account

When registering for a User Account, if and as applicable, or otherwise contacting 508 Software in connection with Your interest in any Products, 508 Software may ask You to provide certain information. Such information may include Your name, email, address, phone number, and other personally identifiable information. It is completely optional and voluntary for You to register for a User Account, engage in activities requiring a User Account, or to provide any personal identifiable information. However, certain information, which may be considered Personal Information, may be required for proper identification in order for You to engage in certain services provided by 508 Software or receive technical support.

Once You create a User Account, You will be deemed a Registered User. You may also request to change information associated with Your User Account by contacting 508 Software at help@cleverfiles.com.

If You elect to use a third-party application (app), if and as applicable, such as Facebook or Google, to register for a User Account in connection with the Website or a Product, 508 Software may receive Your Personal Information from the third-party application. Information received will consist of the public profile information You have provided to these third-party applications. This may include photographs, email addresses, phone numbers, mailing address(es), passwords, and user IDs. If You elect to use any third-party application in connection with the Website or a Product, You should first review its respective privacy policy in relation to any information transferred to 508 Software.

If You wish to deactivate your User Account, You may contact 508 Software at help@cleverfiles.com. When You deactivate Your personal account, all information stored and maintained as part of Your User Account may be retained for archival, backup and record purposes.

Third-Party Websites and Service Providers

The Website may contain links to websites owned and operated by third parties. These links are presented for Your convenience and information. 508 Software does not control these third-party websites and is not responsible for their privacy practices or content. 508 Software does not control the information collection and distribution policies on such websites other than those that are under the control of 508 Software itself. Content on third-party websites may not reflect Products, services, and/or information provided by 508 Software. Third parties may also set their own cookies and/or use web beacons, which may be used to identify some of Your preferences or to recognize You if You have previously had contact with these third parties. 508 Software does not control the use of such technology by third parties, the information they collect, or how they use such information. You should direct all concerns regarding any third-party website directly or to the site administrator or webmaster.

The Website may include social media features which are either hosted by a third-party social media provider, such as Facebook, or hosted directly on the Website. Your interactions with any third-party social media feature(s) is governed by the privacy policy of the third-party provider. Third-party providers, including Facebook, may collect or receive information from Your applications and other apps and use that information to provide measurement services and targeted advertisements (ads). To find instructions on how You can op-out of the collection and use of Your information for ad targeting from Facebook, visit the Facebook Help Center.

508 Software also may use third-party advertising companies to serve ads when You visit the Website. These companies may use general information about Your visits to the Website as well as other websites in order to provide ads about goods and services of interest to You. If You would like more information about this practice and Your choices as to not having Your information used by these companies, please direct such concerns to the respective company’s administrator or webmaster, as detailed below under the subheading “Targeting Cookies”, or contact 508 Software’s DPO as outlined in Section G below.

Third-Party Applications

508 Software may make third party applications available to You through the Website or Products. The information collected by 508 Software when You enable a third-party application is processed under the Privacy Policy. Information collected by the third-party application provider is governed by the provider’s privacy policy(ies).

Information Relating to Children (COPPA)

The Children’s Online Privacy Protection Act (COPPA) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children’s privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission (FTC) website. The 508 Software Website and any Products available therewith are not directed at children under 13 years of age and, therefore, COPPA does not apply. However, 508 Software recognizes that children under the age of 13 may potentially access the Website and subscribe to the newsletter, purchase software and Products, or download software programs. Parents and Legal Guardians may request 508 Software to review, delete or stop the collection of any personally identifiable information of their child(ren). You may do so by contacting 508 Software by email at help@cleverfiles.com.

Cookies and Web Beacons

The Website uses “cookie” and “web beacon” technology. “Cookies” are short pieces of data generated by a web server that a website stores on a user’s computer. Certain pages on 508 Software’s Website may require the use of a cookie for purposes of keeping information You enter on multiple pages together. Cookies also enable 508 Software to customize the Website and offerings to Your needs and provide You with a better online experience with 508 Software. In addition, cookies are used to:

  • Measure usage of various pages on 508 Software’s Website to help make 508 Software’s information more pertinent to Your needs and easier for You to access;
  • Identify and categorize the Internet webpages from which a visitor came to the Website and in order to observe browsing patterns; and
  • Provide functionality such as online orders, 508 Software Products, and other functionalities that 508 Software believes would be of interest and value to You.

The types of cookies that 508 Software uses are referred to as “session” cookies and “persistent” cookies. Session cookies are temporary and are automatically deleted once You leave the Website. Persistent cookies remain on Your computer hard drive until You delete them. 508 Software does not use cookies to gather information concerning Your visits to other websites, nor ascertain any Personal Information about You apart from what You voluntarily provide in your dealings with 508 Software. Cookies do not, under ordinary circumstances, corrupt or damage Your computer, programs, or computer files.

In addition, any service providers 508 Software may use to serve and host advertisements may use session or persistent cookies to track the number of times the Website is accessed and whether the Website was accessed via an ad. There are no automatically-placed cookies within these ads, a cookie is placed on Your computer only if and when You click on an advertisement. The cookie generated from the advertisement does not contain any personally identifiable information and will remain on Your hard drive until You delete it. Furthermore, 508 Software may use email tracking services in order to receive read receipts and related information when sending emails, however, these services are used by 508 Software for these reasons and not to collect any Personal Information about You.

You may set your browser to block cookies (consult the instructions for Your particular browser on how to do this), although doing so may adversely affect Your ability to perform certain transactions, use certain functionalities, and access certain content on the 508 Software Website.

Web beacons are used in combination with cookies to help website operators understand how visitors interact with their websites. A web beacon is typically a transparent graphic image (usually 1-pixel x 1-pixel) that is placed on a website. As opposed to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. These web beacons are not tied to personally identifiable information. The use of web beacons allows a website to measure the actions of the visitor opening the page that contains the web beacon. It makes it easier to follow and record the activities of a recognized browser, such as the path of pages visited on a website. 508 Software uses the information provided by web beacons to develop a better understanding of how the Website’s visitors use the Website, and to facilitate those visitors’ interactions with the Website. 508 Software may make the aggregate data obtained from web analytics (including from its third-party analytics providers, if applicable) publicly available. If this data is made publicly available, none of the information will be personally identifying information or potentially-personally identifying information.

Targeting Cookies

508 Software may use targeting cookies to record Your Website visits, the pages You viewed and the hyperlinks You followed. 508 Software may use this information and share it with third parties to make the Website and advertising more relevant to You.

508 Software’s trusted advertising affiliates help it place advertisements on and off the Website and perform analytics. Please read 508 Software’s current affiliates’ privacy and cookies policies below:

508 Software uses Google Analytics to analyze Website usage, with a performance cookie, which collects standard Internet log and visitor information in an anonymized form. The information collected is transmitted to Google and then used to compile aggregate information on Website usage. 508 Software also uses Google Ads to oversee online advertisements and to determine with which advertisements users most frequently click and respond. These cookies remain on Your device even after You have logged out or quit a session. To opt out of being tracked by Google Ads visit Google Ads Help.

508 Software may partner with third-party advertisers to provide information about the third-party’s goods and services that may be of interest to You. These third-party advertisers may use cookies and/or web beacons or other tracking technologies to collect information about You when You use the Website. They may collect information about Your online activities over time and across different websites and other online services. They may use this information to provide You with relevant advertising or other targeted content. These advertising partners do not have access to or use of Your name, address, email address, telephone number or other personally identifiable information from 508 Software, without Your CONSENT. However, said advertising partners may use persistent identifiers to anonymously track Your Internet usage across other websites in their networks beyond the Website. While 508 Software restricts these partners further use of such information, these third parties may, with sufficient data from other sources, be able to personally identify You, unknown to 508 Software. 508 Software may add or change the list of trusted ad partners from time to time and 508 Software encourages You to regularly check this Section for changes. To learn more about how online advertising works visit and read the article “Understanding Online Advertising.”

D. PURPOSE OF PROCESSING & USE AND DISCLOSURE OF INFORMATION

How Your Personal Information is Used

508 Software collects Personal Information from You in order to record and support Your participation in the activities provided by 508 Software. 508 Software may use Your email address to send a confirmation email when You sign up for a User Account and, if necessary, may use other information You provide to contact You in order to process a purchase or provide a Product You have selected. Your Personal Information also may be used to keep You informed about Products and special offers.

As described above, 508 Software may collect information about Your use of the Website and Products. 508 Software may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

508 Software recognizes and appreciates the importance of responsible use of information collected on the Website. Without Your CONSENT, 508 Software will not communicate any information to You regarding the Website, Products, or special offers available from 508 Software or its affiliates, although 508 Software may find it necessary to communicate with You regarding Your use of the Website, or Products in certain limited circumstances. Except in the particular circumstances described in the Privacy Policy, 508 Software will not provide Your name to other companies or organizations without Your CONSENT.

Disclosure of Information to Third Parties

Although 508 Software will always strive to guard Your identity, 508 Software may disclose Your Personal Information without Your permission in limited circumstances. 508 Software will only do so if it has a good-faith belief that disclosure is reasonably necessary to (1) comply with laws, regulations, or government requests or (2) to investigate or protect against harmful activities to its guests, visitors, associates, or property (including the Website or Products), or to others. If 508 Software is required by law enforcement or judicial authorities to provide Your personally identifiable information, 508 Software will only do so upon receipt of appropriate documentation. 508 Software may also disclose Your information to investigate violation of and enforce the Terms of Service and this Privacy Policy. Please know that 508 Software does not take this responsibility lightly. Your privacy is of paramount importance to 508 Software.

508 Software may use the services of third parties, such as email service providers, purchase, shipping and order processing merchants and marketing companies that act as independent contractors on behalf of 508 Software. These parties are prohibited from using personally identifiable information for any purpose other than for the purpose 508 Software specifies and are expected to provide the same level of protection for Personal Information as required by the EU-US Privacy Shield Principles. 508 Software does provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to 508 Software. 508 Software prohibits the sale or transfer of Personal Information to entities outside of the 508 Software’s affiliates for their use without Your approval.

Securing the Transmission and Storage of Information

508 Software operates secure data networks protected by industry-standard firewall and password protection systems. 508 Software security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by 508 Software users. 508 Software takes steps to ensure that Your Personal Information is treated securely and in accordance with the Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed secure. As a result, while 508 Software strives to protect Your Personal Information, it cannot guarantee the security of any information You transmit to 508 Software or from the Website or Products. Your use of the Website and Products is at Your own risk.

508 Software treats the information You provide to 508 Software as confidential information; which is, accordingly, subject to 508 Software’s company security procedures and corporate policies regarding protection and use of confidential information. After personally identifiable information reaches 508 Software it is stored on a server with physical and electronic security features as customary in the industry, including utilization of login/password procedures and electronic firewalls designed to block unauthorized access outside of 508 Software. Because laws applicable to Personal Information vary by country, 508 Software offices or other business operations may put in place additional measures that vary depending on the applicable legal requirements. Information collected on the sites covered by the Privacy Policy is processed and stored in the U.S. and possibly other jurisdictions and also in other countries where 508 Software and its service providers conduct business. All 508 Software affiliates, agents, and employees are aware of 508 Software privacy and security policies and are required by 508 Software to abide by these policies. Your information is only accessible to the affiliates, agents, and employees who need it in order to perform their specific jobs.

Change of Control

In the event that all or substantially all of 508 Software’s stock and/or all or substantially all assets are transferred or sold to another entity, 508 Software may transfer personally identifiable information to the acquiring entity. If, as a result of such a business transition, Your Personal Information will be used in a materially different manner, You will be given notice as to these different manners and the opportunity to re-consent or object to such material new purposes.

E. DATA CHOICES AVAILABLE TO YOU

Opt-In and Disclosure

You may always choose whether or not to disclose Personal Information and that choice will not prevent You from using the Website and having limited access to the Website and Products. Please note, however, if You should choose to withhold certain requested information, 508 Software may not be able to provide You with some or all of the Products dependent upon the collection of this information. You will be given an opportunity to “opt-in” and select Your preference choices for any items that are optional and which are not prerequisite for 508 Software rendering of services.

Opt-Out Options

You can choose at any time to opt-out of receiving emails from 508 Software by clicking the unsubscribe link at the bottom of any email You receive from 508 Software or by contacting 508 Software directly at help@cleverfiles.com. If You elect to opt-out, 508 Software will not, as applicable, share Your Personal Information with third parties or send You emails. However, 508 Software may continue to use Your Personal Information for internal purposes, to enhance Your user experience or as necessary to administer the Website or comply with applicable law.

Registration Email and Contact by 508 Software

508 Software reserves the right to send a one-time registration or payment confirmation email, and infrequent service alert messages to users to inform them of specific changes that may impact their ability to use Products or a service that they have previously signed up for, purchased, or used, regardless of email contact opt-in status. 508 Software also reserves the right to contact You if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty, or purchase agreements. 508 Software is retaining this right because in limited cases 508 Software feels that it may need to contact You as a matter of law or regarding matters that will be important to You. This does not allow 508 Software to contact You to market a new or existing Products if You have asked 508 Software not to do so, and issuance of these types of communications are rare.

User Account Preferences

If and as applicable, when You create a User Account with 508 Software and/or provide Your email address and other personal identification information, subject to Your personal preferences, You CONSENT to allowing 508 Software to periodically contact You via email and provide information about special offers and promotions that may be of interest to You. These communications will relate to 508 Software offers and/or the promotions of select, reputable third parties with whom 508 Software has a strategic marketing relationship because they offer products or services that 508 Software believes would be of interest to You. 508 Software may use a third-party email service provider to send emails to You. This service provider is prohibited from using Your email address for any purpose other than to send 508 Software-related emails. If You do not wish to receive emails with updates and information please unsubscribe by sending an email to help@cleverfiles.com. In addition, every time You receive an email, You will be provided the choice to opt-out of future emails by following the “unsubscribe” (or similar) instructions provided in the email. You may also opt-out online by updating Your User Account as described under the subheading “User Account” in Section C, above.

To ensure that Your request is honored, You must provide 508 Software with information sufficient for 508 Software to accurately identify and access Your records. The information 508 Software requires is Your full name, address, telephone number, and/or the email address You provided to 508 Software when You requested the pertinent Products. The information requested, or any other information per each individual case, is viewed as sufficient for 508 Software to ensure You are who You proclaim to be. 508 Software reserves the right to contact You to verify that it has accurately identified Your record.

California Residents

If You are a California resident, You can request a notice disclosing the categories of Personal Information that 508 Software may share with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit Your request to 508 Software’s DPO at dpo@508software.com. Please allow up to 30 days for a response. For Your protection and the protection of all of 508 Software’s users, 508 Software may ask You to provide proof of identity before it can answer such a request. 508 Software does not respond to general do not track (DNT) requests.

F. RIGHTS OF EUROPEAN USERS UNDER THE GDPR

508 Software complies with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (GDPR). If You are a natural person of the EU within the meaning of the GDPR (“Qualified Individual”), You are afforded certain additional rights by the GDPR as further described within this Section.

Data Controller

If and when 508 Software receives Your Personal Information directly from You via its Website or Products, it performs the functions of a ‘data controller’, as defined by the GDPR, and has the ability to determine how personal information is collected, for what purposes, and how this data is to be processed. As the data controller, 508 Software has implemented many technical and operational measures to ensure the most complete protection of Personal Information processed through its Website and Products.

Data Processor

508 Software processes Your Personal Information in accordance with the Privacy Policy and uses industry standard safeguards to secure Your information.

Consent

If You are a Qualified Individual, consents concerning Your Personal Information are handled in compliance with the Framework and the GDPR. If and when consent requirements under the Privacy Policy conflict with the GDPR, the GDPR will prevail if You are a Qualified Individual.

Legal Basis for Processing

Article 6(1)(a) of the GDPR serves as the legal basis for processing operations for which 508 Software obtains consent for a particular purpose. If the processing of Personal Information is necessary for the performance of a contract to which You are a party, as is the case, for example, when processing operations are necessary for a particular Product, the processing is based on Art. 6(1)(b). The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries or functionality reviews concerning 508 Software Products or services. If 508 Software is subject to a legal obligation by which processing of Personal Information is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c). If the processing of Personal Information is necessary to protect Your vital interests or that of another Qualified Individual, then the processing is based on Art. 6(1)(d). Finally, processing operations could be based on Article 6(1)(f) if processing is necessary for the purposes of the legitimate interests pursued by 508 Software or by a third party, except where such interests are prohibited or overridden by Your fundamental rights and freedoms under the GDPR.

GDPR Rights:

  1. Right of Confirmation
  2. You may obtain confirmation of whether or not Your Personal Information is being processed. If You wish to exercise Your right of confirmation, You may contact 508 Software using the contact information as provided in Section G, below.

  3. Right of Access
  4. You may obtain information about Your stored Personal Information at any time and a copy of this information. If You wish to exercise Your right of access, You may contact 508 Software using the contact information as provided in Section G, below.

  5. Right to Rectification
  6. You may request the rectification of any inaccurate Personal Information. Taking into account the purposes of the processing, You have the right to have inaccurate or incomplete Personal Information completed or deleted, by means of first appropriately identifying Yourself and then providing a supplementary statement. If You wish to exercise Your right of rectification please may contact 508 Software in accordance with Section G, below.

  7. Right to Erasure (Right to be Forgotten)
  8. You may request the erasure of Your Personal Information by contacting 508 Software using the contact information provided in Section G, hereof. Furthermore, You may delete Your User Account information, as applicable, by accessing Your User Account settings page on the Website or within the Product(s). Please note that while any changes You make will be reflected in active user databases within a reasonable time, 508 Software may retain all information You submit for the prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where 508 Software otherwise reasonably believes that it has a legitimate reason to do so, such as for archiving purposes within the public interest.

  9. Right to Restriction of Processing
  10. As a Qualified Individual, You have the right to restrict processing where one of the following applies:

    • The accuracy of the Personal Information is contested by the data subject, for a period enabling the controller to verify the accuracy of the Personal Information;
    • The processing is unlawful and the data subject opposes the erasure of the Personal Information and requests instead the restriction of the controllers use of such data;
    • The controller no longer needs the Personal Information for the purposes of processing, but it is required by the data subject for the establishment, exercise, or defense of legal claims; or
    • The data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.
  11. Right to Data Portability
  12. You may request to receive Your Personal Information in a structured, commonly used and machine-readable format. You have the right to transmit this data to another controller without interference.

    Furthermore, You may have the Personal Information transmitted directly from one controller to another, where technically feasible and where such transmission does not adversely affect the rights and freedoms of others.

  13. Right to Object and Automated Decision-Making
  14. You may object to decisions based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects You, as long as the decision is not (i) necessary for entering into, or the performance of, a contract between You and 508 Software; (ii) authorized by EU or Member State law to which You are subject; or (iii) based on the data subject’s explicit consent.

  15. Right to Object to Processing

You may object to the processing of Your Personal Information using the contact information provided in Section G below, unless there are legitimate grounds for the processing within the public interest, or for the establishment, exercise, or defense of legal claims.

If 508 Software processes Personal Information for direct marketing purposes, You shall have the right to object at any time to the processing of Your Personal Information for such purposes. This right also applies to profiling to the extent that the processing is related to such direct marketing purposes. If You object to 508 Software processing Your Personal Information for direct marketing purposes, then 508 Software will no longer process the Personal Information for such purposes.

Retention Policy

508 Software only retains personally identifiable information about You for as long as Your User Account remains active and for as long as it needs to provide You with Products or otherwise fulfill the purposes for which 508 Software had initially collected such information, unless otherwise required by law. 508 Software will retain and use information as necessary to comply with its legal obligations, for archival purposes, to assist in the resolve of disputes, and to enforce its agreements.

Cross-Border Data Transfers

If and when sharing of information involves cross-border data transfers, for instance to the U.S. from an EU Member State, 508 Software uses data contracts with EU standard contract clauses or other suitable data clauses and safeguards to permit data transfers from the EU to other countries. These standard contractual clauses commit companies transferring and receiving Your Personal Information to protecting the privacy and security of Your data. Copies of 508 Software’s current standard contractual clauses may be available on request using the contact details listed below.

G. PRIVACY-RELATED INQUIRIES AND COMPLAINTS

508 Software takes and addresses Your privacy concerns with the utmost respect and attention. 508 Software will investigate and attempt to resolve all complaints regarding use and disclosure of Your Personal Information by reference to the principles of the Privacy Policy. If You believe that there was an instance of non-compliance with the Privacy Policy with regard to Your Personal Information (an inquiry) or You would like to make or follow-up on a complaint, please contact 508 Software at:

508 Software LLC
Data Protection Officer
: Mr. Fabian Rothe
Email: dpo@508software.com
ATTN: Privacy Matter
Mailing Address: 901 N. Pitt Street, STE 325-D, Alexandria, VA 22314, USA

In Your message, please describe in as much detail as possible the nature of Your inquiry or the ways in which You believe that 508 Software’s Privacy Policy has not been complied with. 508 Software will investigate Your inquiry or complaint promptly.

Please note that if You provide 508 Software with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact You with marketing offers and indicating on another occasion that they may not), 508 Software cannot guarantee that Your most recent privacy preference will be immediately honored.

508 Software is committed to cooperate with the panel established by the EU Data Protection Authorities (DPA) with regard to unresolved Privacy Shield Complaints concerning data transferred from the EU. If You are a Qualified Individual, You may lodge a free complaint with the DPA in the country where You reside if You are unsatisfied with how Your complaint is handled by 508 Software. If You are a Qualified Individual, You can find Your DPA by visiting the European Commission Website on Data Protection Authorities, selecting the country in which You reside, and following the links provided to make a complaint.

H. PRIVACY SHIELD POLICY

EU-US Privacy Shield Principles

508 Software’s Privacy Policy also adheres to the EU-US Privacy Shield Framework (the “Framework”) as set forth by the U.S. Department of Commerce regarding the processing of Personal Information transferred from the EU to the U.S. This Framework further outlines 508 Software’s practices for collecting, disclosing, maintaining, using, and protecting Your Personal Information. 508 Software is currently self-certifying for participation with the Department of Commerce that it intends to adhere to the Privacy Shield Principles. Should there be a conflict between 508 Software’s Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Click the following link to view the current Privacy Shield List of Participants.

In compliance with the EU-US Privacy Shield Principles, 508 Software is committed to resolve complaints about Your privacy and its collection or use of Your Personal Information. As outlined in Section C, above, 508 Software may use some third-party services in order to provide You with functionality and services pertaining to Your use of the Website and Products. In the case of onward transfers to these third parties, 508 Software may be liable for breaches of Personal Information regarding such transfers. However, all third-party agents, contractors, and employees used by 508 Software will be similarly held to provide at minimum the same level of protection of Personal Information as required by the EU-US Privacy Shield Framework. Should You have an inquiry or complaint concerning 508 Software’s Privacy Policy or use of Your Personal Information, You should follow the procedures as outlined in Section G, above.

Under certain limited conditions, You may be able to invoke binding arbitration as provided under the Privacy Shield Framework to address an otherwise unresolved complaint.

Copyright © 2019 508 Software LLC. All rights reserved. The Website, Products, and all documentation are the copyrighted property of 508 Software LLC and/or its licensors and protected by copyright laws and international intellectual property treaties. 508 Software™ and related logo, and all related Product and service names, design marks and slogans are the trademarks and/or registered trademarks of 508 Software LLC and/or its affiliates. All other Product and service marks contained herein are the trademarks of their respective owners. Any use of the 508 Software LLC or third-party trademarks or logos without the prior written consent of 508 Software LLC or the applicable trademark owner is strictly prohibited.

.updated: August 19, 2019 author: VL - CleverFiles