Outcold Solutions LLC

OUTCOLD SOLUTIONS PRIVACY POLICY

Updated: April 2021

This Privacy Policy explains how Outcold Solutions LLC ("Outcold") collect, use, and disclose information you provide to us or which we otherwise collect in providing products or services to you (“Information”), including “Personal Data” by which we mean information that allows us to determine your identity when you engage with us.

This Privacy Policy applies to outcoldsolutions.com and to other websites Outcold operates and that are linked to it.

The use of our products and services, including those available through other Outcold websites that link to this Privacy Policy (collectively, “Offerings”), are subject to the terms of the applicable software license agreement.

Data Collection

There are two primary ways in which Outcold collects Information from you: through Interactions and through Offerings as set forth below.

Interactions

When you interact online or offline with Outcold, we may receive your Information, including your Personal Data. For example, we receive your Information when you:

  • Visit Outcold’s websites or offices
  • Download materials through our websites
  • Register or attend Outcold-hosted or sponsored events
  • Communicate with us including by emails, phone, texts, and online chats
  • Provide testimonials

We collect Information about you from other sources such as public databases, joint marketing partners, social media platforms, conference/event hosts, and partners when you interact with them.

We refer collectively to these contacts as “Interactions” and we explain below how we use the Information we collect through them.

What We Collect via Your Interactions

We may collect your Information, including your Personal Data, through the Interactions described more fully below. The Personal Data we collect includes such things as:

  • Name
  • Email address
  • Physical address, including country
  • Employer
  • Title / position
  • Payment details
  • Phone number
  • IP address
  • Photographs (for example, when visiting our offices or attending an event)
  • Videos (for example, when you consent to provide a product testimonial)

We collect Personal Data in various ways, such as when you manually key in your Personal Data to our website forms or provide it to us or others from whom we receive marketing leads.

IP addresses are also collected on an automated basis through your use of the website services using cookies, web beacons, and like technologies. We may infer your location from your IP address.

When you make purchases through our website, we use third-party payment processors to collect credit card or other financial information. Outcold does not store the credit card information you provide, only confirmation that payment was made.

How We Use Information Collected from Interactions

Outcold uses the Information it collects from your Interactions to deliver services to you in accordance with our terms, to fulfill our legal obligations, or to conduct necessary business activities (sometimes called “legitimate interests”), as described below. We take seriously the need to balance our legitimate interests with your privacy rights and summarize for you here how we use your Information, including Personal Data.

We use your Information to:

  • Fulfill your orders or respond to your requests for information For example, to satisfy your requests for website materials such as marketing collateral or white papers, we collect and use your name and email address.
  • Operate, enhance, and personalize your experience on our website We collect Information via cookies and like technologies to fulfill our legitimate interest in operating our website, making it easy to navigate, enriching the available content and offering information tailored to your interests.
  • Send you administrative information We may need to notify you (or we may choose to inform you) when we make updates to our terms or policies or make changes to our website services. We will use your name and email address to send administrative notices to you, which due to their nature are treated differently from marketing communications from which you can opt out.
  • Send you marketing communications Where we have your consent to do so (if required), we will provide you with product announcements, educational materials, announcements about special offers, or information about upcoming or ongoing online/offline events and related offers. In accordance with applicable law, we give you the choice to opt out of receiving these communications.
  • Invite you to participate in surveys, studies, and assessments of Offerings We use your Personal Data to request feedback from you about Outcold Offerings. We use your feedback to fulfill our legitimate interest in improving our Offerings and growing our business. Your participation is voluntary and subject to the terms of your agreements with us and this Privacy Policy.
  • Diagnose and fix technical issues, monitor for security, and otherwise protect our property We do this to satisfy our legitimate interest in assessing actual or potential threats to our facilities, our IT systems and networks, and website services. We may process your Personal Data, in particular your IP address, for this purpose.
  • To comply with any applicable law, regulation, legal process, or governmental request, or to protect our legal rights or those of others
  • For any other purpose disclosed to you in connection with our website services from time to time

If we process your Personal Data for a purpose other than that set out above, we will provide you with information about such processing, and if required, obtain your consent.

Opting Out of Marketing Emails

If you no longer want to receive marketing emails from Outcold on a go-forward basis, please use the "unsubscribe" feature in our email messages.

Offerings

We also collect Information, including Personal Data, when providing our Offerings. We may ask you for this Information directly, or in some cases, we may collect it when certain features are enabled. For example, we collect Information from you when you (or someone you work with):

  • Trial or order any of our Offerings
  • Interact with Outcold online or offline, including when you request support services
  • Use our Offerings to process information in the cloud

What We Collect via Our Offerings and How We Use It

We collect and process different types of product data (described below) when you deploy our Offerings in order to fulfill our legal obligations to you and operate our business. We work hard to help ensure a balance between our legitimate interests and your privacy rights.

  • License Usage Data is Information that allows us to identify your account entitlements, such as license consumption, capacity, or type in our systems through an assigned license ID. We use this information to validate accounts and automate license verification.
  • Usage Data is Information about your operating environment. This includes information about your system architecture, OS and product versions, number of forwarding pipelines, and performance metrics.

We use Usage Data to fulfill our legal obligations in providing the Offerings to you and to fulfill our legitimate interest in supporting and enhancing them. For example, we may use this data to:

  • Troubleshoot issues, provide support, and update our Offerings
  • Provide guidance to help you optimize your usage of our Offerings
  • Better understand how our users configure our Offerings
  • Determine which configurations or practices optimize performance (e.g., best practices)
  • Benchmark key performance indicators (“KPIs”)
  • Recommend enhancements
  • Perform data analysis and audits
  • Identify, understand, and anticipate performance issues and the factors that affect them
  • Identify product security issues that may affect you
  • Improve and develop new features and functionality
  • Monitor the health, performance, and security of our Offerings

We hash or otherwise pseudonymize identifiable information connected to user activity for data analytics purposes.

In our paid on-premises products, you can set your level of participation.

Other Collection Practices

We also collect Personal Data from you to fulfill our contractual commitments to you. For example, we collect contact information such as name, address (email and physical) and phone number to enter you into our customer databases and manage your account. We also collect billing and payment information to administer your account, respond to customer service/support inquiries, and provide you with information about software updates.

We may share this Information with our vendors and partners who help us service your account and with whom we have written agreements protecting the confidentiality, privacy, and security of your Information. We do not sell this Information.

How Outcold Shares Your Information

Outcold may disclose your Information to others in the following ways:

  • Service Providers. We may disclose Information to our service providers (e.g., infrastructure as a service, order fulfillment, professional/customer/support services), pursuant to written agreements with confidentiality, privacy, and security obligations.
  • Partners. We may disclose contact and account Information to our partners pursuant to written agreements with confidentiality, privacy and security obligations. They may use the Information to assess your interest in Outcold Offerings, conduct user research and surveys, or send you marketing communications, subject to the terms of their privacy policies.
  • Compliance and Safety. We may disclose Information as necessary or appropriate under applicable laws (including laws outside your country of residence) to: comply with legal process or requirements; respond to requests from public or government authorities (including those outside your country of residence); enforce our terms and conditions; and protect our operations, rights and safety, and that of you and others, as needed.
  • Merger, Sale, etc. We may disclose Information in the event of a proposed or actual corporate or financing transaction, such as a reorganization, merger, sale, joint venture, assignment, transfer, or disposition of all or any portion of Outcold business or assets (including Information regarding any bankruptcy or similar proceedings).

How We Secure Your Information

Outcold takes reasonable technical and organizational measures to safeguard Personal Data against loss, theft, and unauthorized access, disclosure, alteration, misuse, or destruction. Unfortunately, no data transmission, software, or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of an account has been compromised), please notify us immediately in accordance with the Contact Outcold section below. If Outcold learns of a breach of its systems, Outcold may notify you or others consistent with applicable law and/or as agreed in our contract with you. Outcold may communicate with you electronically regarding privacy and security issues affecting Information collected through your Interactions or use of our Offerings.

Supplemental Terms and Conditions for Certain Regions

Europe

If you are in the European Union or the United Kingdom, you have the right to: request access to and correction of your Personal Data; restrict or object to the processing of your Personal Data; and request your Personal Data be deleted or “forgotten” (technically erased). If you would like to exercise these rights, please call us at 1(720) 507-8491. We will comply as soon as reasonably practicable consistent with applicable law. Please describe the nature of your request and the Personal Data at issue, and we will comply as soon as reasonably practicable consistent with applicable law. We will verify your identity before we comply with your request, and therefore, ask for your cooperation with our identity verification process.

If we process your Personal Data based on your consent, you may withdraw your consent at any time. We will let you know if we are seeking to rely on your consent at the time of collection.

Updates to this Privacy Policy

We may change this Privacy Policy from time to time and will post our updates here.

Contact Outcold

If you have any questions or comments about this Privacy Policy or Outcold’s privacy practices, you can contact us at any time at contact@outcoldsolutions.com