Community Policies: Privacy & Cookies

Last Updated: March 2021

Mend Ltd. and its affiliates (“we”, “us”, “our”), the organizers and moderators of the Mend Community (“Community”), are greatly respect your privacy, which is why we make every effort to provide a Community that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. 

“Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.

Unless indicated otherwise, this Privacy Policy relates to our use of any personal information we collect or use in relation to the following services (collectively, the “Services”):

  1. the Community;
  2. the Community website and its related sub-domains;
  3. the Rewards Program (as defined in the Community Term of Use);
  4. online surveys relating to the Community;
  5. messages sent via the Community contact forms; and
  6. the Community official social media channels.

This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on the Community website or by other means.

 

1. WHAT PERSONAL DATA WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

When we provide the Services, we collect and receive information in several different ways. In many cases, you choose which information to provide, although some information is required for us to provide you the Services.

Specific personal data we collect

 

 

 Why is the personal data collected and for what purposes?

 

 

 

 Legal basis (GDPR only, if applicable)

 

 

 Third parties with whom we share your personal data

 

 

 

 Consequences of not providing the personal data

 

 
When you browse or visit the Community website
Cookies, analytic tools and log data

 

For the website to function properly, including to maintain page history.

To analyze and improve your use of the website

 

 Legitimate interests Google Analytics

Salesforce

 Cannot collect and store the information.

 

Certain website features may not be available.

 
For marketing purposes Consent We cannot customize your website experience or offer you additional services you may find interesting.
When we use the personal data of Community members (when you open a member profile and log in)
Profile Name;

Profile E-mail;

Profile username (optional)

Profile Picture URL (optional)

Job title (optional)

Company (optional)

Additional data, such as mailing address, may be shared by you for the purpose of your participation in the Rewards Program.

 So we can identify you as a Community member;

To provide the Services, including the Rewards Program

To communicate with the Community members 

 Processing is necessary for the performance of the Services 

 

 Marketo

Salesforce

 

 Cannot provide the Services 

 

Cannot perform the Services

 

Cannot communicate with you

 
When you commence direct communications with us
Profile Username;

Profile Email;

Free Text (optional)

 To process and answer questions.

To provide support (e.g., to solve problems, bugs or issues) and handle your complaints and/or feedback.

 

 At your request,   necessary to provide the Services to you

Legitimate interest (e.g., respond to a query sent by you)

 Marketo

Salesforce

 

 We will not be able to respond to your enquiry.
Log Data
Profile Name;

Profile Email;

Profile IP Address;

Timestamp; 

Community member’s activity on the Community website (for example, completed activities and earned points).

 All log items are recorded for diagnostics and support purposes only. Necessary for us to provide you with the Services You will not be able to use the Community website.
When we use the personal data of our service providers and our suppliers
Name;

Business Email Address;

Company.

 To contact our service providers and suppliers

 

To provide the Services 

 Processing is necessary for the performance of the Services to the data subject 

 

Legitimate interest (e.g. perform the Services, send Services-related communications)

 

 GMail (Google)

Influitive

 Cannot communicate with you

 

Cannot perform the Services

 
Marketing and lead targeting 
Profile Name;

Profile Email;

Country; and

Company (optional).

 In order to target you with relevant marketing campaigns by email. Consent Marketo

Salesforce

 We will not be able to improve our Website or provide you with content and offers which may be of interest to you.

 

2. PERIOD OF STORAGE OF COLLECTED INFORMATION

  • Retention Personal Data. Your personal data (as described above) will be stored until we: (i) no longer need the information and proactively delete it or (ii) you send a valid deletion request. Please note that we will retain it for a longer or shorter period in accordance with data retention laws.

 

  • Additional Information on Data Retention. Other circumstances in which we will retain your personal data for longer periods of time include: (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your personal data or dealings. We have an internal data retention policy to ensure that we do not retain your personal data perpetually. Regarding retention of cookies, you can read more in our cookie policy (available in the link provided above).

 

3. HOW WE PROTECT YOUR PERSONAL DATA

We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. Nevertheless, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your Community member IDs and passwords, please make sure to take appropriate measures to protect this information.

 

4. HOW WE SHARE YOUR PERSONAL DATA 

In addition to the recipients described in the table above, we may share your personal data as follows:

  • To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
  • If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third-party purchaser of our business or assets, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.
  • Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
  • Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

For more information on the recipients of your personal data, please contact us at: Communityadmin@mend.io. 

 

5. INFORMATION ABOUT YOU THAT WE GET FROM THIRD-PARTIES 

  • If you access the Community website through connected third party applications (including third party social media accounts), we will receive certain information (including Personal Data, as described in Section 1) about you from the provider of such third party applications. The scope of information we receive depends on your third party application privacy settings.
  • If you access the Community website from a third-party application or connect the Community website to a third-party application, you should also read that third-party application’s terms of service and privacy policy.
  • If you are unclear about what information a third-party application is sharing with us, please go to the third-party application to find out more about their privacy practices.

 6. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

  • Internal transfers: We ensure transfers with the affiliated companies of Mend will be covered by an agreement entered into by members of the Mend group which contractually obliges each member to ensure that personal data receives an adequate and consistent level of protection wherever it is transferred to. 
  • Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any personal data is disclosed.

 

7. YOUR RIGHTS; HOW TO DELETE YOUR MEMBER PROFILE  

  • Rights. The following rights (which may be subject to certain exemptions or derogations), shall apply to individuals who are protected by the GDPR. Some of these rights may also apply under your applicable law:
  • You have a right to access personal data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
  • You have the right to request that we rectify any personal data we hold that is inaccurate or misleading;
  • You have the right to request the erasure/deletion of your personal data (e.g., from our records). Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims;
  • You have the right to object, to or to request restriction, of the processing;
  • You have the right to data portability. This means that you may have the right to receive your personal data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
  • You have the right to object to profiling;
  • You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
  • You also have a right to request certain details of the basis on which your personal data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
  • You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

You can exercise your rights by contacting us at CommunityAdmin@mend.io. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfill your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

  • Deleting your Member Profile. If you ever decide to delete your Member Profile, you may do so by emailing CommunityAdmin@mend.io. If you delete or de-activate your Member Profile, any association between your Member Profile and information we store will no longer be accessible through your Member Profile. However, in certain portions of the Community, any public activity on your Member Profile relating to the Community website and to the Services will remain stored on our servers (or on third-party servers) prior to deletion and will remain accessible to the public.

 

8. ANALYTIC TOOLS

Google Analytics. The Community website uses a tool called “Google Analytics” to collect information about use of the Community website. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this website. We use the information we get from Google Analytics to maintain and improve the website and the Services. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this website is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

AdRoll. This website uses a tool called AdRoll by which we may occasionally collect Community member data by placing a cookie on a the Community member’s browser for targeted advertising policies. You can opt out of receiving targeted ads served by us or on our behalf by clicking here: https://app.adroll.com/optout/safari. Please note that, if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. Further, if you use multiple browsers or devices you will need to execute this opt out on each browser or device. If you opt-out we may collect some data about your online activity for operational purposes (such as fraud prevention) but it won’t be used by us for the purpose of targeting ads to you. For more information regarding AdRoll’s use of data collected you can read the AdRoll Service Privacy Notice available at: https://www.nextroll.com/privacy, and the general terms governing the use of AdRoll are available at: https://www.nextroll.com/terms.

For more information regarding opting out of getting targeted, you can visit http://www.aboutads.info/ (DAA), http://optout.networkadvertising.org/?c=1 (NAI) or http://www.youronlinechoices.com/ (EDAA (Europe only)).

 

9. LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

This website may enable you to interact with or contain links to your third party account and other third party websites, and services that are not owned or controlled by us (each, a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third-Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

 

10. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA LAW

    • Access Requests. California Civil Code Section 1798.83 (and other, similar state statutes) permits Community members who are California residents (or residents of states with similar statutes) to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to CommunityAdmin@whitesourcesoftware.com. Please note that we are only required to respond to one request per customer each year.
    • Deletion Of Content From California Residents. If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data you have publicly posted. If you wish to remove such content or Personal Data and you specify which content or Personal Data you wish to be removed, we will do so in accordance with applicable law.  Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you have posted and that there may be circumstances in which the law does not require us to enable removal of content.
    • Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personal information, subject to applicable law, about an individual consumer’s online activities over time and across different websites when a consumer uses the Community.

 

11. USE BY CHILDREN 

Members under 18 years of age are not eligible to participate in the Community, unless they obtained and provided Mend a valid written consent from an adult or a guardian. We do not knowingly collect information from, and/or about children.

 

12. CONTACT US 

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at Communityadmin@mend.io

 

COOKIES POLICY

Mend Ltd. and its affiliates (“Mend”, “we”, “us” and “our”) use Cookies and similar files or technologies to automatically collect and store information about your computer, device, and the Mend Community (“Community”) website usage, in order to improve their performance and enhance your experience as a member of the Mend Community (“Cookies”).  

In this Cookies Policy you can find out more about what Cookies are, which Cookies used on the Community website, how to control their settings and some useful links for further reading on the subject. 

The Community Terms of Use are available at https://whitesource.influitive.com/terms_and_conditions. Capitalized terms not otherwise defined in this Cookies Policy have the same meaning given in Community Privacy Policy. 

1. What are Cookies?

Cookies are computer files containing small amounts of information which are stored by your browser on your computer or mobile device (for example, Google Chrome or Safari) when you visit a website.

Cookies have many different functions such as making websites work, letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. You can think of Cookies as providing a so-called memory for the platform used, so that it can recognize you when you come back and respond appropriately.

2. What Type of Cookies Do We Use?

The Community website uses Cookies to track traffic flow and patterns of travel in connection with the Community website, to understand the total number of visitors to the Community website on an ongoing basis and the types of internet browsers (e.g. Chrome, Firefox, Safari, or Internet Explorer) and operating systems (e.g. Windows or Mac) used by the visitors, to monitor the performance of the Community website and to continually improve it, and to customize and enhance your online experience.

The Community website uses the following types of Cookies:

   2.1 Strictly necessary Cookies: these Cookies are essential to enable you to login, navigate around and use the features of the Community website and Services, or to provide a service requested by you (such as your username). We do not need to obtain your consent in order to use these Cookies. These Cookies can be used for security and integrity reasons.

   2.2 Functionality Cookies: These Cookies allow our Services to remember choices you make (such as your language) and provide enhanced and personalized features. 

   2.3 Performance Cookies: These type of Cookies helps us to secure and maintain our services, and remember your preferences for tools found in on the Community website, so you don’t have to re-set them each time you visit.

   2.4 Analytics Cookies: Every time someone interacts with the Community website, the analytics tools we use generate Cookies which can tell us whether or not you have used the Community website in the past, and provide additional information regarding how the Community visitors use the Community website (such as where visitors tend to click on the Community website). Your browser will tell us if you have these Cookies and, if you don’t, we will generate new ones. This allows us to track how many individual visitors the Community website has and how often they use the Community website.

   2.5 Marketing & Advertising Cookies: These Cookies allow us to know whether or not you’ve seen an ad or a type of ad, how you interacted with such ad, and how long it has been since you’ve seen it. We also use Cookies to help us with targeted advertising. We may use Cookies set by another organization, so we can more accurately target advertisements which are relevant for you.

We also set Cookies on certain other sites that we advertise on. If you receive one of those Cookies, we may use it to identify you as having visited that site if you later visit the Community website. We can then target our advertisements based on this information.

   2.6 Third-party Integration Cookies: On some pages of the Community website, other organizations may also set their own Cookies. They do this to track the performance of their applications that are integrated with our Services or to customize their services for you. Because of how Cookies work, the Community website cannot access these Cookies, nor can the other organization access the data in Cookies we use on the Community website.

We, or our third-party mail service providers, may also include web beacons in e-mail messages to you in order to determine whether messages have been opened and links contained within them have been clicked.

When using the Community website, you may be directed to other websites for such activities as surveys. These websites may use their own Cookies. We do not have control over the placement of Cookies by other websites you visit, even if you are directed to them from the Community website.

We may also use web beacon or other similar Cookie technologies. When a visitor accesses the Community website, a non-identifiable notice of that visit is generated which may be processed by us or by third parties. These web beacons usually work in conjunction with Cookies. If you don’t want your Cookies information to be associated with your visits to these pages, you can set your Cookies Preferences as described below. If you turn off Cookies, web beacon and other technologies will still detect your visits to the Community website; however, they will not be associated with information otherwise stored in Cookies.

3. Setting Cookie Preferences

You consent to our Cookies if you continue to use the Community website. You can at any time change or withdraw your consent from all or some of the Cookies on the Community  website using the instructions in this Cookies Policy or by changing your browser settings so that all or some of the Cookies from the Community website cannot be placed on your computer or mobile device. Important: disabling all Cookies (including essential Cookies) on the Community website may seriously cripple the user experience and other features on the website and our Services, to the point of rendering them useless.

   3.1 Cookies Settings – Contact Us

By using the Community website you are agreeing to our use of all Cookies. You can at any time change or withdraw your consent for using all or part of the Cookies, by contacting us at Communityadmin@mend.io. 

   3.2 Browser Settings

All modern web browsers allow you to change your Cookies settings. You can usually find these settings in the ‘Options’ or ‘Preferences’ menu of your browser. In order to understand these settings, the following links may be helpful or you can use the ‘Help’ option in your browser for more details.

Some web browsers may transmit “Do Not Track” signals to websites with which the browser communicates, telling the site not to follow its online movements. We currently do not respond to such “Do Not Track” signals.

If you have disabled one or more Cookies, we may still use information collected from Cookies prior to your disabled preference being set, however, we will stop using the disabled Cookie to collect any further information.

4. Need More Information?

If you would like to find out more about Cookies and their use on the Internet, you may find the following link useful:

 

5. Contact us

If you have any questions or comments about this Cookies Policy, or privacy matters generally, please contact us via email at CommunityAdmin@mend.io