Effective Starting Date: April 2, 2018

Introduction

This Privacy Policy was developed by Marvelution B.V. (“Marvelution”, “we”, “us” or “our”) and applies to visitors and registered or licensed users of our Websites, our Products, and our Services, (collectively “Marvelution Services”).

This Policy describes the information we collect, how it is collected, for what purposes it is collected, how we share it, how we handle the content you place in our products and services, and the steps we take to secure this information.

By using or registering for any of the Marvelution Services you consent to the collection, transfer, processing, storage, disclosure and other uses describes in this Privacy Policy.

Changes to our Privacy Policy

We may change this Privacy Policy from time to time. If we make any changes, we will notify you by revising the “Effective Starting” date at the top of this Privacy Policy and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the login screen or sending you an email notification). We encourage you to review our Privacy Policy whenever you use Marvelution Services to stay informed about our information practices and the ways you can help protect your privacy.

Your continued use of the Marvelution Service after any changes to this Privacy Policy will constitute your acceptance of such modification.

If you disagree with any changes to this Privacy Policy, you will need to stop using Marvelution Services and deactivate your account(s).

Scope of Privacy Policy

This Privacy Policy applies to the information that we obtain through your use of or interaction with Marvelution Services, but does not apply to:

• Marvelution Services for which a separate privacy policy is provided.
• Third-party products. These are third-party products or services that you may choose to integrate with Marvelution Services. You should always review the policies of third-party products and services to make sure you are comfortable with the ways in which they collect and use your information.

Unless otherwise stated all Marvelution Services are treated the same for the purposes of this document.

Definitions

“Cloud Services” means Marvelution’s software as a service (“SaaS”) solutions.

“Software Products” means Marvelution’s software products that are installed by customers on an infrastructure of their choice.

“Websites” means Marvelution websites, including but not limited to marvelution.com, marvelution.nl, marvelution.org, Marvelution’s product listings on the Atlassian Marketplace, and any related websites, sub-domains and webpages.

“Content” means any information or data that you upload, submit, post, create, transmit, store or display in a Marvelution Service.

“Information” means all of the different forms of data, content, and information collected by us as described in this Privacy Policy.

“Personal Data” means information relating to an identified or a directly or indirectly identifiable natural person, such as: name, address, email address, phone number, IP address or location data. Personal Data that has been anonymized such that it does not allow for the ready identification of specific individuals is no longer considered Personal Data.

“Usage Data” means aggregated data about a group or category of services, features or users that does not contain Personal Data.

Information we collect

Account and Profile Information

We collect information about you when you register for an account, create or modify your profile, make purchases through, use, access, or interact with Marvelution Services. Information we collect includes but is not limited to your name, company name, company address, email address, phone number, job title. You may provide this information directly when you enter it in Marvelution Services, or in some cases another user (such as a system administrator) creating an account on your behalf may provide it (most commonly when your company requests that you use our products). If you are providing information (including Personal Data) about someone else, you confirm that you have the authority to act for that person, and to agree to this Privacy Policy.

Content

1. We collect and store Content that you create, input, submit, post, upload, transmit, store or display in the process of using our Cloud Services or Websites. Such Content includes any Personal Data or other sensitive information that you choose to include (“passively-collected Personal Data”).
2. Other submissions: We collect other data that you submit to our Websites or as you participate in any interactive features of the Marvelution Services, participate in a survey, contest, promotion, activity or event, apply for a job, request customer support, communicate with us via third-party social media services or otherwise communicate with us. For example, information regarding a problem you are experiencing with a Marvelution Service could be submitted to our Support Services or posted in our public forums. Any information, including Personal Data, that you submit to our Websites could be visible to the public unless submitted to a secure area in the Website.

Server Logs

Like most websites, our servers automatically record the page requests made when you visit our sites. These “server logs” typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

For our Cloud Services, the information we collect includes the URLs you accessed (in our log files), usernames as well as elements of Content as necessary for the Cloud Services to perform the requested operations. Occasionally, we connect Personal Data to information gathered in our log files as necessary to improve Marvelution Services for individual customers.

Analytics Information

1. Websites: We collect analytics information when you use our Websites to help us improve our Marvelution Services. The analytics information we collect includes elements of Content related to the function the user is performing. As such, the analytics information we collect may include Personal Data or sensitive business information.
   We use Google Analytics as our primary analytics provider. To learn more about the privacy policy of Google Analytics, refer to Google’s Policies and Principles.
2. Cloud Services: We collect analytics information when you use our Cloud Services to help us improve our Marvelution Services. The analytics information we collect includes elements of Content related to the function or feature the user is using. The analytics information consists of the feature and function of the Marvelution Service being used, the associated license identifier (SEN) and domain name, the IP address and username of the individual who is using the feature or function, and additional information required to detail the operation of the function and which parts of the Marvelution Services are being affected.
   You cannot opt-out of our collection of analytics information from our Cloud Services. Thus, if you use our services, you consent the collection of such information.
3. Software Products: We collect only basic analytics information of Software Products, such as download numbers and targeted environments. Additionally this collection is done through the use of Server Logs as described above. Software Products don’t connect anaylics information.
4. Cookies and similar technologies: We use various technologies to collect information, including cookies that we save to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory. We use cookies to improve and customize Marvelution Services and your experience; to allow you to access and use the Websites or Cloud Services without re­entering your username or password; and to count visits and understand which areas and features of the Websites and Cloud Products are most popular.
   For information on how to block cookies, see the Opt-out section below. If you do not accept cookies, however, you may not be able to use all aspects of our Websites or Cloud Services.

How we use information we collect

We use the information we collect about you (including Personal Data to the extent applicable) for a variety of purposes, including to:

• Provide, operate, maintain, improve, and promote Marvelution Services;
• Enable you to access and use Marvelution Services;
• Process and complete transactions, and send you related information, including purchase confirmations and invoices;
• Communicate with you, including responding to your comments, questions, and requests; providing customer service and support; providing you with information about services, features, surveys, newsletters, offers, promotions, contests and events; providing other news or information about us and our select partners; and sending you technical notices, updates, security alerts, and support and administrative messages. Generally, you have the ability to opt out of receiving any promotional communications as described below under “Opt-Out”;
• Process and deliver promotions and rewards;
• Monitor and analyze trends, usage, and activities in connection with Marvelution Services and for marketing or advertising purposes;
• Investigate and prevent fraudulent transactions, unauthorized access to Marvelution Services, and other illegal activities;
• Personalize Marvelution Services, including by providing content, features, or advertisements that match your interests and preferences;
• Generate Usage Data (as defined above) to understand how our Marvelution Services are being configured and used, how they can be improved for the benefit of all of our users, and to develop new products and services.
• Enable you to communicate, collaborate, and share Content with users you designate; and
• For other purposes about which we notify you.

Notwithstanding the foregoing, we will not use Personal Data appearing in our Analytics Logs or Server Logs for any purpose.

Information we share

We do not share personal information with companies, organizations and individuals outside of Marvelution unless one of the following circumstances applies:

With your consent

We will share personal information with companies, organizations or individuals outside of Marvelution when we have your consent to do so.

For external processing

We provide Personal Data to other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

For legal reasons

We will share your Information (including your Personal Data) with companies, organizations or individuals outside of Marvelution if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

• meet any applicable law, regulation, legal process or enforceable governmental request.
• enforce applicable Terms of Service, including investigation of potential violations.
• detect, prevent, or otherwise address fraud, security or technical issues.
• protect against harm to the rights, property or safety of Marvelution, our users or the public as required or permitted by law.

Third-party applications

You may choose to make use of third-party Products in conjunction with Marvelution Services. Third-party Products are software written by third-parties to which you grant access privileges to your Content (which may include your Personal Data). When access is granted, your Content is shared with the third-party. Third-party Products policies and procedures are not controlled by Marvelution even though the third-party Products may be available through Marvelution Services. Third-parties who have been granted access to your Content could use this data to contact you and market services to you, and could share your data with other third-parties.

This Privacy Policy does not cover the collection or use of your data by Third-party Products, and we urge you to examine the privacy policies governing Third-party Products.

Business Transfers

We may share or transfer your information (including your Personal Data) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Aggregated or Anonymized Data

We may share aggregated or anonymized information that does not directly identify you with companies, organizations and individuals outside of Marvelution.

Data Security at rest and in transit

Marvelution hosts data with Amazon Web Services. All data at rest is encrypted using industry standard encryption and are kept in a controlled environment.

Where data is transferred over the Internet as part of a Website or Cloud Services, the data transmitted using industry standard HTTPS with TLS.

For more information about the data security of our Marvelution Services, please see our Data Security Statement.

While we take reasonable efforts to guard your Personal Data, no security system is impenetrable and due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. In addition, we cannot guarantee that any passively-collected Personal Data you choose to store in Websites or Cloud Services are maintained at levels of protection to meet specific needs or obligations you may have relating to that information.

Where Software Products are used, responsibility for securing access to the data you store in the Software Products rests with you and not Marvelution. We strongly recommend that administrators of Software Products enable encryption in transit (e.g., HTTPS using TLS) to prevent interception of data transmitted over networks and to restrict access to the databases and other storage used to hold data.

Opt-Out

Opt-out of email communications

You may opt out of receiving communications from Marvelution by using the unsubscribe link within each email, or emailing us at legal@marvelution.com to have your contact information removed from our email list or registration database.

Although opt-out requests are usually processed immediately, allow ten (10) business days for a removal request to be processed. Even after you opt out from receiving messages from us, you will continue to receive transactional messages from us regarding Marvelution’s Services.

Opt-out of Google Analytics

You can opt-out of having making your site activity available to Google Analytics by installing the Google Analytics opt-out browser add-on see this Analytics Help article.

Opt-out of cookie tracking

You can instruct your browser, by changing it’s options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit.

International Transfer of Personal Data

You are consenting to the transfer and processing of your Personal Data in the Netherlands and Ireland in accordance with this Privacy Policy.

Notices

The data controller for the Information collected is Marvelution B.V., Het Schaakbord 2, 1567MG, Assendelft, The Netherlands

If you would like access to or a copy of the personal information we hold about you, to request a correction, or have any questions about how we may use it or to make a complaint, please contact our data protection officer via email at legal@marvelution.com, or at the address shown above.

If you contact our data protection officer, they will respond within 30 calendar days. If you are unsatisfied with the response from our data protection officer, then you may complain to a supervisory authority, such as the Dutch Data Protection Authority, Postbus 93374, 2509 AJ, The Hague, The Netherlands.