McObject Privacy Policy and Terms of Service

Overview

Effective May 2018

Updated July 2022, January 2023

This privacy policy describes how McObject LLC., together with its subsidiaries, (“we”, “our” or “us”) collects and processes personal information about you through websites and applications that link to this policy; through our interactions with you at trade shows, conferences, and other events, and through any other means by which we may receive your personal information (collectively, the “Services”), how we use and protect this information, and your rights in relation to this information.

This privacy policy applies to all personal information we collect or process about you. Personal information is information, or a combination of pieces of information, that could reasonably allow you to be identified.

Personal information we collect

We collect personal information about you from a variety of sources, including from you directly (e.g. when you contact us, complete a form, complete a transaction with us, or otherwise provide us with your information), information we generate about you in the course of our relationship with you (e.g. data collected from cookies and other similar technologies) and information we collect about you from other sources, including commercially available sources, such as public databases (where permitted by law).

We may be required by law to collect certain personal information about you or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfillment of these obligations.

Information we collect directly from you
The categories of information that we may collect directly from you include the following:

Personal details (e.g. name, job title, company);
Contact details (e.g. phone number, email address, fax number, postal address, mobile number);
Account details (e.g. username, password);
Transaction details (e.g. when you make purchases or respond to offers);
Product or service details (e.g. information about products or services you have purchased from us and how you use them and/or expressed an interest in by downloading datasheets or visiting our web pages)
Communications (e.g. when you participate in message boards or forums, participate in polls or surveys, write a review or contact us with a question, comment or request); and
Licensing details (e.g. name, address and email address of named licensed users of our products).

Information we collect about your use of the services
The following are examples of the other categories of information which we may use about you:

Technical information collected from your computer or mobile device (e.g. your IP address, browser type, operating system);
Information about your usage of our Websites (e.g. your login history, the pages you visit when using the Services, the files you download, how often you use the Services, and the pages you access before and after accessing the Services); and
Information which we generate as a result of your use of the Services (e.g. our understanding of your interests as a result of your use of the Services and whether you are a regular or occasional user of the Services)

Information we collect from other sources
We may also collect information about you from third-parties (e.g., business partners, conference organizers, publicly available websites or databases). The following are examples of the categories of information we may collect from other sources.

Personal details (e.g. name, job title, company);
Contact details (e.g. phone number, email address, fax number, postal address, mobile number); and
Details about advertising preferences (e.g. products purchased, interaction with advertisements online).

Cookies

A cookie is a small piece of information, in the form of a text file, sent by a web server and stored on the computer of a visitor to a website. It can then be read back later by the web server or web browser when required. The use of cookies is a convenient way of allowing a computer to remember specific information relating to a website.
We only use session cookies. We use these cookies in three ways;
• To retain user preferences
• To collect website usage information via Google Analytics
• User authentication

Google Analytics

We use the Google Analytics service to obtain statistics about our site’s visitor numbers, origin and behavior. The information we gather through Google Analytics is anonymized and we cannot identify a particular visitor.

Microsoft Clarity

We use the Microsoft Clarity service to obtain statistics about our site’s visitor numbers, origin and behavior. The information we gather through Clarity is anonymized and we cannot identify a particular visitor.

Whoisvisiting Analytics

Whoisvisiting obtains information regarding activities of visitors to our websites. When a Client registers to use the Service, information relating to Client websites is made available to Whoisvisiting. This may include:
• Pages accessed
• Time of visit
• Time of last visit
• Name of the owner of the IP address
• Reverse domain of the IP address
• Referring site, application or service, including the relevant search queries that led you to our website
• Browser information
• Operating system information
• Device information (mobile operating system, screen size, etc.)
• Demographic information pertaining to the owner of the IP address (country, county, postcode, street address, etc.)

User preferences

We use cookies to retain non-personally identifiable information intended to enhance the browsing experience. User preference cookies are not used to collect any personal information such as usernames or email addresses.

Managing cookies

You can choose not to accept cookies and still use this website. The documentation for your web browser (usually accessible from the ‘Help’ menu) will provide you with instruction on how to manage cookies, but you can also find out more from the following information services web pages.

External websites links

We display links to third party websites. Please note that we cannot control and cannot be held responsible for the privacy policies of such websites. You should always read the privacy policy of a website to find out more about how personal information is collected and processed.

How we use your personal information and the basis on which we use it

We may use your personal information for the following purposes:

Identification and authentication: We use your identification information to verify your identity when you access and use our Services and to ensure the security of your personal information. This is so we can comply with our contractual obligations to you.
Operating the Services: We process your personal information to provide the products and services you have requested. This includes providing licenses and customer and technical support for our products and services. This is so we can comply with our contractual obligations to you.
Improving our Services: We analyze information about how you use our Services to provide an improved experience for our customers of all our Services, including product testing and site analytics. It is in our legitimate business interests to use the information provided to us for this purpose, so we can understand any issues with our Services and improve them.
Communicating with you: We may use your personal information when we communicate with you, for example if we are providing information about changes to the terms and conditions or if you contact us with questions. It is in our legitimate interests that we are able to provide you with appropriate responses and provide you with notices about our Services.
Marketing: we may use your personal information to build a profile about you and place you into particular marketing segments in order to understand your preferences better and to appropriately personalize the marketing messages we send to you. It is in our legitimate interest to provide more relevant and interesting advertising messages. Where necessary, we will obtain your consent before sending such marketing messages.
Exercising our rights: we may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect, prevent and respond to fraud claims, intellectual property infringement claims or violations of law or our software license or service agreement.
Complying with our obligations: we may process your personal information to, for example, carry out fraud prevention checks or comply with other legal or regulatory requirements, where this is explicitly required by law.
Customizing your experience: when you use the Services, we may use your personal information to improve your experience of the Services, such as by providing interactive or personalized elements on the Services and providing you with content based on your interests.

How and when we share your personal information

We may share your personal information with third parties under the following circumstances:

Service providers and business partners: we may share your personal information with our service providers and business partners that perform marketing services and other business operations for us for the purposes set forth above. For example, we may partner with companies to sell, distribute and support products, process secure payments, fulfill orders, optimize services, serve online behavioral advertising, send newsletters and marketing messages, support email and messaging services, and analyze information. These service providers and business partners may include advertising agencies and fraud prevention agencies which will use your personal information only in the ways described in this policy.
Group companies: McObject works closely with other businesses and companies that fall under the McObject family. We may share portions of your personal information (e.g. your buying and browsing history on the Services and your personal and contact information) with other McObject companies for marketing purposes, security, optimization of products and services, and internal reporting. We do this for the purposes set out above.
Where required by law: we may share your personal information with law enforcement agencies, courts, other government authorities or other third parties where we believe necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
In the context of a transaction: we may share your personal information with potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. Should such a sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal information to use it in a manner that is consistent with this Privacy Notice.

Your rights over your personal information

You have certain rights regarding the personal information we hold about you, subject to local law. These may include the rights to access, correct, delete, restrict or object to our use of, or receive a portable copy in a usable electronic format of your personal information. You also may have a right to lodge a complaint with your local data protection or privacy regulator.

We encourage you to contact us at the contact information set forth below to update or correct your information if it changes, or if the personal information we hold about you is inaccurate. Where you have provided your consent to any use of your personal information, you can withdraw this consent at any time.

Please note that we may require additional information from you in order to honor your requests.

If you would like to discuss or exercise any rights you may have under law, please contact us at the contact information set forth below.

Information security and storage

We implement security measures designed to safeguard the personal information we process through the Services. These measures are aimed at providing ongoing integrity and confidentiality for your personal information. We evaluate and update these measures on a regular basis.

We retain your personal information for as long as we have a relationship with you. When deciding how long to keep your personal information after our relationship with you has ended, we take into account our legal obligations. We may also retain records to investigate or defend against potential legal claims.

International data transfer

Your personal information may be transferred to, stored, and processed in a country that is not regarded as providing the same level of protection for personal information as the laws of your home country, and may be available to the government of those countries under a lawful order made in those countries.

We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protections for your personal information. For more information on the appropriate safeguards in place and to obtain a copy of such safeguards, please contact us at the contact information set forth below.

Contact us

McObject is the controller responsible for the personal information we collect and process.

If you have questions or concerns regarding the way in which your personal information has been used, please contact us at +1-425-888-8505 or info@mcobject.com.

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence.

Changes to the policy

We may modify or update this privacy notice from time to time. If we make any revisions that materially change the ways in which we process your personal information, we will notify you of these changes before applying them to that personal information.

California Consumer Privacy Act Addendum

This Addendum supplements the information contained in the McObject Privacy Policy and applies to Website visitors, Customers, Affiliates and other individuals (incl. households) who are residents of the State of California, USA (“consumer”, “you”, “your”).

For avoidance of doubt, the term “data subject” used in the Privacy Policy shall correspond to the term “consumer” used herein and the term “personal data” in the Privacy Policy shall be equivalent to the term “personal information” used herein. All other terms which are not explicitly defined in this Addendum shall have the meaning as set forth in the Privacy Policy.

This Addendum is drafted in compliance with the California Consumer Privacy Act (“CCPA”) and other relevant California privacy laws and its purpose is to provide additional privacy disclosures and to inform you of your additional rights as a California resident.

I. Categories of personal information we collect
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (“personal information”).
Section I (“Categories of data subjects and types of personal data”) of the Privacy Policy describes in detail what categories of personal information we have collected from consumers within the last twelve (12) months.

II. Sources of personal information collection
Apart from you, being the main source of information we collect about you, we may also collect personal information from publicly accessible sources (e.g. companies trade register, WHOIS, local national list(s) of sanctioned persons) and/or third parties, such as our affiliates, trusted partners, including but not limited to marketing, advertising, security service providers, etc.

III. Purposes for collection of personal information
The business and commercial purposes for which we collect, use and disclose personal information about consumers is described in detail in Section III (“Purposes of and legal basis for data processing”) of the Privacy Policy.

IV. Sharing of personal information
We may disclose and share personal information to categories of third parties as set forth in Section V (“Sharing of personal data”) of the Privacy Policy.

V. Sale of personal information
In the course of provision of our Services we do not sell any personal information related to consumers without their prior concent and for their direct benefit.

Under the CCPA, “sell,” “selling,” “sale,” or “sold,’’ means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for monetary or other valuable consideration. Therefore, it does not necessarily mean money was exchanged for the transfer of personal information, but the transfer may still be considered a “sale”.

McObject has taken substantial steps to identify whether any of our data sharing arrangements would constitute a “sale” under the CCPA. Due to the complexities and ambiguities in the CCPA, we evaluate some of our third-party relationships periodically.

VI. Consumer rights under the CCPA
The CCPA provides consumers with specific rights with respect to their personal information as follows:

1. Right to opt-out from sale of personal information
A consumer shall have the right, at any time, to direct McObject not to sell the consumer’s personal information (“the right to opt-out”). Such a request of the consumer shall be respected for at least twelve (12) months before requesting that the consumer authorizes again the sale of the consumer’s personal information. In order to process the consumer’s request, we may use any personal information collected from the consumer in connection with the submission of the consumer’s opt-out request solely for the purposes of complying with the opt-out request.
The opt-out right may be exercised at the following link: “Do Not Sell My Information”.

2. Right to know request
Pursuant to the CCPA, you have a right to request information about the collection, use, and disclosure of your personal information performed by McObject over the preceding twelve (12) months, as well as to ask to provide you with this specific information:
• Categories and specific pieces of personal information we have collected about you;
• Categories of sources from which we collect personal information about you;
• Purposes for collecting, using, or selling personal information;
• Categories of third parties with which we share personal information;
• If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.

As per the CCPA McObject shall take into consideration the following requirements when answering a consumer’s request:
• The consumer shall place a verifiable consumer request. McObject is not obliged to provide information to the consumer if it cannot verify that the consumer making the request is the consumer about whom McObject has collected information or is a person authorized by the consumer to act on consumer’s behalf;
• McObject is obliged to provide the required information no more than twice in 12 (twelve) months;
• The provision of information by McObject is generally free of charge;
• McObject shall provide the required information within 45 (forty-five) days of receiving the consumer’s request. The time period to provide the required information may be extended once by an additional 45 (forty-five) days when reasonably necessary, and upon notification to the consumer. The disclosure shall cover the 12-month period preceding the receipt of the verifiable consumer request and shall be made in writing and delivered by mail or electronically at the consumer’s option, in a readily useable format that allows the consumer to transmit this information from one entity to another without hindrance. McObject may require authentication of the consumer that is reasonable in light of the nature of the personal information requested.

3. Right to delete request – you also have a right to request that we delete a part of or all your personal information, subject to certain exceptions (i.e., when the information is necessary to: complete a transition or provide a service requested by you; detect or investigate cyber threats, etc.). Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies.

4. Right to remain non-discriminated – McObject shall not discriminate against a consumer because the latter exercised any of the consumer’s rights under the CCPA, including, but not limited to, by:
• Denying any services to the consumer;
• Charging different prices or rates for services, including through the use of discounts or other benefits or imposing penalties;
• Providing a different level or quality of services to the consumer;
• Suggesting that the consumer will receive a different price or rate for services or a different level or quality of services.

Terms of Service

McObject provides this Website for your information and use, subject to the terms set forth below. By accessing this Website, you agree to accept the following terms.

General terms

In no event will McObject be liable for any damages including, without limitation, indirect, incidental, consequential, special or exemplary damages, that arise out of or relate to the use of or inability to use the McObject Website, even if McObject has been advised of the possibility of such damages.

Any and all information provided on McObject’s Website is provided “as is,” with no warranty as to accuracy or content.

McObject does not adopt or endorse the views of any third party Websites linked to or from the McObject Website.
Any disputes arising out of or related to the use of the McObject Website will be governed by Washington state law without reference to its choice of law principles, under the venue and jurisdiction of the applicable Washington state or federal courts.

McObject reserves the right to change, modify, add or remove any of these terms at any time.

Trademark and copyright

All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of McObject LLC.

McObject® and eXtremeDB® are trademarks or registered trademarks of McObject LLC. All other products are trademarks or registered trademarks of their respective owners.