Security for your investment in software

Software Escrow Guardians Privacy and Cookie Policies


Software Escrow Guardians Limited is dedicated to establishing trusting relationships with our customers (known hereafter as “users”), based on respect for personal identity and information, by promoting the use of fair information practices. This policy (the “Privacy Policy”) explains the practices and policies of Software Escrow Guardians regarding the collection, use, disclosure and protection of personal information supplied by users or collected by us including from users of Software Escrow Guardians branded websites, (our "Websites"). To the extent that there is any conflict between the provisions of this Privacy Policy and the provisions of the Software Escrow Guardians Customer Agreement, the provisions of the Software Escrow Guardians Customer Agreement shall prevail.


By using our Websites or the Software Escrow Guardians, users agree (1) to comply with the terms and conditions of this Privacy Policy, and (2) that Software Escrow Guardians may process (i.e., collect, use, store, etc.) users’ personal information as described in this Privacy Policy and the Software Escrow Guardians Customer Agreement. We do not share personal information obtained from users on our Websites except as otherwise specifically set forth in this Privacy Policy.


Because Software Escrow Guardians wants to demonstrate its commitment to our users' privacy, we are disclosing:

1.     What personal information Software Escrow Guardians collects and how Software Escrow Guardians uses the personal information.

2.     How cookies and other technologies are used on our Websites.

3.     What communications may be sent to users from Software Escrow Guardians.

4.     To whom Software Escrow Guardians may disclose a user’s personal information.

5.     What choices are available to users regarding collection, use and disclosure of the personal information.

6.     What types of security procedures are in place to protect the loss, misuse or alteration of the personal information to the extent under Software Escrow Guardians control.

7.     How a user can correct any inaccuracies in that user’s personal information.

8.     How Software Escrow Guardians retains and deletes a user’s personal information.

9.     Steps to take in order to resolve a dispute arising out of this Privacy Policy.

10.  Names and addresses of Software Escrow Guardians and its affiliates.


We may revise this Privacy Policy from time to time, and will post the most current version on our Websites. If a revision materially alters users’ rights with regard to personal information, we will notify each user (including those users who have selected to opt-out from receiving promotional materials), so all users are always aware of what personal information we collect, how we use it, and under what circumstances, if any, we disclose it.


1. Information Collection and Use


Information Collection
Software Escrow Guardians is the sole owner of the information collected on our Websites, with the exception of encrypted data comprised in the Protected Data (as defined in the Software Escrow Guardians Customer Agreement) and Software Escrow Guardians is not the owner of any Protected Data contained in any such information collected. Software Escrow Guardians collects personal information from users at several different points on our Websites and in the delivery of the services, both directly from users and in limited instances as set out in this Privacy Policy through the use of cookies, log files and clear gifs.


Registration
In order to use Software Escrow Guardians services, a user must first enter a Software Escrow Guardians Customer Agreement and provide us with certain prescribed contact and personal information including name, address, email address and company information. We use this personal information in order to provide services for users and to contact users about our services. Where applicable we may send a user a welcome email to verify certain details.


Information Use
Personal information is used in the following ways:

1.     Provision of Services. Used to set up a user’s account, provide the services and support set out in the Software Escrow Guardians Customer Agreement, and to communicate with users regarding other account related issues.

2.     Email Correspondence. Used to raise and respond to issues and inquiries of all types. Also used to distribute information about Software Escrow Guardians, our products, and services in accordance with user preferences.

3.     To comply with all applicable laws or binding orders served on Software Escrow Guardians.

4.     To protect and defend the rights or property of Software Escrow Guardians.

5.     To act under exigent circumstances to protect the personal safety of users or the public.


Children's Privacy
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information of a child under the age of 13, we will delete that personal information from our systems.


Telephone Call Recording
We may record our telephone calls to or from users for the purposes of training, improvement of services, fraud prevention and to ensure the accuracy of instructions communicated to us. All telephone recordings shall be our property.


Supplementation of Personal Information
In order for Software Escrow Guardians to properly fulfil its obligations to users, it may be necessary for us to supplement the personal information we receive with information from third party sources. Software Escrow Guardians verifies the billing address on all credit card transactions and may obtain credit reports for some corporate users. The information obtained from these third party sources is maintained in a manner consistent with this Privacy Policy.


Surveys
Periodically, we request personal information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this personal information. The requested personal information typically includes contact information (such as name and address), and demographic information. Survey information will be used for purposes of monitoring or improving the use and satisfaction of Software Escrow Guardians’ services. Users' personal information is not shared with third parties unless we give prior notice and a choice to opt-out. Though we may use an intermediary to conduct these surveys, they may not use a user’s personal information for any secondary purposes.


2. Use of Cookies and Other Technologies


Cookie Policy
A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is not tied to any identifiable personal information while on our Websites. By using and browsing our Websites, users consent to the use by us and third parties of cookies and other technologies in accordance with our Cookie and Privacy Policies. We may use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time, which enables us to track and target the interests of our users to enhance the experience on our Websites. Persistent cookies can be removed, please refer to the applicable internet browser instructions or help screen to learn more about how to do this.

By setting a cookie on one of our Websites, users do not have to log in a password more than once, thereby saving time while on our Websites. If users reject the cookie, they may still use our Websites. The only drawback if a user decides to disable cookies, is that the user may not be able to use certain services or facilities on our Websites.


Some of our business partners, for example advertisers, may use cookies on our Websites, however we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising. This Cookie Policy covers the use of cookies by Software Escrow Guardians only and does not cover the use of cookies by any advertisers.

For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit http://www.networkadvertising.org or http://networkadvertising.org/optout_nonppii.asp.


Log Files
Like most websites, our servers use log files to analyse trends, administer our Websites, track user's movement in the aggregate, and gather broad demographic information for aggregate use. The log file information consists of IP addresses, browser type, browser language, referring URL, platform type, etc., and is not linked to identifiable personal information.


Clear Gifs
Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and we may use them to track the online movements of our users. Clear gifs are invisible on the page and are much smaller than cookies, about the size of the period at the end of this sentence. Clear gifs are not tied to identifiable personal information. We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of these emails, please refer to the Choice/Opt-out section.


Profile
We may store information that we collect to create a profile of our users. A profile is stored information that we keep on users that details each user’s viewing preferences. Consequently, collected information may be tied to the user's identifiable personal information to provide offers and improve the content of our Websites for the user. This profile may be used to tailor a user's visit to our Websites, and to direct pertinent marketing promotions to them. We do not share personally identifiable elements of a user’s profile with other third parties. User profiles are shared in aggregate form only.


Do Not Track Response
Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different from blocking cookies as browsers with the “do not track” option selected may still accept cookies. Right now, there is no industry standard for how companies should respond to “do not track” signals, although one may be adopted in the future. We do not respond to “do not track” signals at this time. If we do so in the future, we will modify this Privacy Policy accordingly. More information about “do not track” is available at www.allaboutdnt.org.

We do not authorise the collection of your personal information for third party use through advertising technologies without you providing consent directly to such third parties.


3. Communications from our Websites


Special Offers and Updates
Users may occasionally receive emails containing information about us, updates on new service features, service usage tips, information about third party services that are likely to be of interest to users, and user satisfaction questions. Users may opt-out of such notices - please refer to the Choice / Opt-out section.


Service Announcements
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Users may not opt-out of these communications. However, these communications are not promotional in nature.


Customer Service
We have the right to communicate with any user following a request by a user, in order to provide requested services or resolve issues. Such communication may be by email or phone, in accordance with the user’s wishes.


4. Disclosing Personal Information


Legal Disclaimer
Though we make every effort to preserve user privacy, we and our third party intermediaries may disclose users’ personal information and the Protected Data as otherwise required or permitted by applicable laws or regulations, or if we have a good faith belief that disclosure is reasonably necessary to: (a) comply with a court order, search warrant, or other compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) investigate fraud, breach of agreement or other contravention of law; (d) protect the rights, property, or safety of Software Escrow Guardians, our users, or others; or (e) assist in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Software Escrow Guardians or as part of a corporate reorganization or stock sale or other change in corporate control. If we provide a user’s Protected Data to a law enforcement agency as set forth above, we will remove our encryption from the files before providing them. However, we will not be able to decrypt any files which were encrypted prior to storing them with Software Escrow Guardians.

Civil Subpoena Policy 


This section is applicable only to users who have entered a contract with Software Escrow Guardians.
Software Escrow Guardians does not disclose personal information about our users without consent except in limited instances related to law, security, or safety. To request a user’s personal information from Software Escrow Guardians in a civil case, a person must serve Software Escrow Guardians with a valid subpoena, court order, or search warrant and agree to Software Escrow Guardians‘s terms of compensation below.

Upon receipt of a valid subpoena, it is Software Escrow Guardians’s policy to notify the user whose personal information is sought. In non-emergency circumstances, Software Escrow Guardians will generally not produce the subpoenaed user's personal information until approximately two weeks after receipt of the subpoena, unless a formal objection is filed by the user or we are legally required to do so.


Software Escrow Guardians charges for research (plus additional fees if testimony or deposition is required), for pages created/copied, and for courier fees (or equivalent amounts in local currency). We will invoice the person or entity submitting the subpoena following receipt and the subpoena proponent must make payment within 15 days from the date of receipt of our invoice. Payment should be made out to Software Escrow Guardians Limited.


It is Software Escrow Guardians’s policy to release information sufficient to identify a user only where the party seeking the personal information has filed a legal action that implicates the user in some legally cognizable impropriety or wrongdoing or can show that the personal information requested is material to the issues involved in the underlying case. Software Escrow Guardians requests a copy of the complaint and all supporting documentation to indicate how the user's personal information is related to the pending litigation. Note that Software Escrow Guardians reserves the right to determine in its sole discretion the applicability of this policy to any particular request and, further, this policy does not create any enforceable legal rights, either for our users or for requesting parties.


Third Party Intermediaries
We may use third parties to provide certain services on our behalf, such as hosting certain portions of our Websites and fulfilling certain requests for personal information from our users. These third parties may be located outside of a user’s jurisdiction of residence. In accordance with the laws of those countries, in certain circumstances a user’s personal information may be accessible by foreign courts, law enforcement, regulatory bodies or other authorities. These third parties do not retain, share, store or use personal information for any secondary purposes. For additional information about the way in which our third party intermediaries treat personal information, contact us as set out in Section 10.


5. Choices Regarding Collection and Use of Personal Information


Choice/Opt-out
Where a user enters a contract with Software Escrow Guardians Limited, then at the point at which that user originally enters the contract, the user will be asked whether they wish to receive promotional material from Software Escrow Guardians. If the user does not wish to receive this information, they should select the appropriate options at this stage.


Subject to the paragraph above, users acknowledge and agree that Software Escrow Guardians may occasionally send users communications about our products and services via email. All users are given the opportunity to 'opt-out' from receiving promotional information by clicking the opt-out link included at the bottom of our emails.


Users of our Websites are always notified when their personal information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.


Links
Our Websites contain links to other sites. Please be aware that Software Escrow Guardians is not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Websites and to read the privacy statements of each and every website that collects personal information. This Privacy Policy applies solely to personal information collected by Software Escrow Guardians through our Websites. Software Escrow Guardians has advertising and affiliate relationships with a number of third party sites which drive interested parties to our Websites. Information that is collected on these third party sites does not fall within the auspices of this Privacy Policy. Software Escrow Guardians has co-brand relationships with some websites. A site is a co-brand of Software Escrow Guardians if it offers Software Escrow Guardians technology or services to its users under a different brand. The co-branded sites will have their own privacy policies specific to each site, and the user should read them carefully.


6. Security Precautions in Place


Security
Software Escrow Guardians maintains reasonable organisational, technical and physical safeguards in order to protect users' personal information in its custody or control from loss or theft, as well as unauthorised access, copying, use, modification or disclosure. When users submit personal information and Protected Data via our Websites, this personal information is protected both online and off-line. All Protected Data transmitted pursuant to the terms of the Software Escrow Guardians Customer Agreement is encrypted. In the event that the Software Escrow Guardians Customer Agreement is terminated, all personal information is destroyed carefully pursuant to the terms of Section 8 below and all Protected Data is deleted in accordance with the Software Escrow Guardians Customer Agreement.


When our registration/order forms ask users to enter sensitive personal information (such as credit card number), that sensitive personal information is encrypted and is protected with what is generally regarded as the best encryption software in the industry - SSL. While we use SSL encryption to protect sensitive personal information online, we also employ security measures to protect our users’ personal information off-line. All of our users' personal information, not just the sensitive personal information mentioned above, is restricted in our offices. Only Software Escrow Guardians representatives who need the personal information to perform a specific job (for example, our billing clerks or a customer service representative) are granted access to personal information. Finally, the servers that store personal information are secure. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your personal data. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your personal information always will remain secure. In the event of a breach of the confidentiality or security of your personal information, we will notify you as soon as is reasonably practicable so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you. You should also take care with how you handle and disclose your personal information.


7. Accessing/Correcting/Updating/Deleting Personal Information


Software Escrow Guardians makes good faith efforts to provide users with access to their personal information and to correct this personal information if it is inaccurate or to delete such personal information at users' request in accordance with applicable data protection legislation if it is not otherwise required to be retained in accordance with Section 8 below. Users are required to identify themselves and the personal information requested to be accessed, corrected or removed before we process such requests. This can be done by contacting our customer service agents. In the event that users have any queries in relation to their personal information held by Software Escrow Guardians in accordance with this Privacy Policy, the user should send an email to Compliance@SoftwareEscrowGuardians.com.


8. Data Retention and Destruction


The time period for which we keep personal information varies according to what the personal information is used for. In some cases, there are legal requirements to keep personal information for a minimum period. Unless there is a specific legal requirement or justification for us to keep the personal information, we will retain it for no longer than is necessary for the purposes for which the personal information was collected or for which it is to be further processed.


9. Dispute Resolution


In the event that any dispute arising out of or related to this Privacy Policy is not settled by the parties, the method of dispute resolution will be dependent on the location of the user and the Software Escrow Guardians entity with whom the Software Escrow Guardians Customer Agreement has been entered.

Where a user enters the Software Escrow Guardians Customer Agreement with Software Escrow Guardians Limited, Software Escrow Guardians shall co-operate with the European data protection authorities or equivalent in investigating unresolved complaints and shall participate in the dispute resolution program provided by the European Data Protection Authorities Panel or equivalent in resolving such complaints.

Where a user enters the Software Escrow Guardians Customer Agreement with Software Escrow Guardians Limited, the parties will attempt in good faith to resolve such dispute by mediation in accordance with the Arbitrators’ and Mediators’ Institute of New Zealand Inc. Mediation Protocols. To the extent permitted by law, no person shall make a complaint to the Privacy Commissioner under Part 8 of the Privacy Act 1993 until the parties try in good faith to settle the dispute by such mediation in accordance with such protocols and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely.

THE USER AND SOFTWARE ESCROW GUARDIANS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE USER’S OR SOFTWARE ESCROW GUARDIANS’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.


10. Names, Addresses and Contact Email for Software Escrow Guardians and its Affiliates


Please contact us if you have any questions or comments about this Privacy Policy, you wish to access, update, and/or correct inaccuracies in your personal information, or you otherwise have a question or complaint about the manner in which we or our service providers treat your personal information. You may write to Software Escrow Guardians at the relevant addresses below or alternatively email us at Compliance@SoftwareEscrowGuardians.com.


Software Escrow Guardians Limited

PO Box 94

Auckland          1140

New Zealand

Ph:     +64 9 623 0513           New Zealand

Ph:     +61 1800 143 427       Australia