Privacy Policy – previos version

Actual Privacy Policy can be found here

Last updated as of July 13, 2021

This Privacy Policy (“Privacy Policy”) applies to Limited Liability Company “Yaware” (the “Yaware” or “LLC Yaware”). Yaware is committed to ensuring that your privacy is protected. We recognize the importance of protecting all the information provided by Yaware Service users, newsletter subscribers, Yaware Website users and all other Yaware customers. All Yaware customers and Website users are encouraged to read this Privacy Policy prior to submitting any personal information or using the Yaware website at the following link https://yaware.com/  (“Website”) in any other manner.  

This Privacy Policy is an integral part of the Terms of Service and End-User License Agreement. The Cookie Policy is the integral part of this Privacy Policy.

By using the Website and/or the Service, you irrevocably agree to this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Website or the Service. 

Our Website is not intended for children and you must be an adult (at least 18 years old) to use the Website.

Below are the highlights of this Privacy Policy:

  1. We will never sell, rent, or share your personal information without your explicit consent, with or without personally identifying information. That includes any government (foreign or domestic) unless we are compelled by law. If we are required by law to disclose any of the information collected about you, we will attempt to provide you with notice (unless we are prohibited) that a request for your information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email. We will independently object to overly broad requests for access to information about users of our Website.
  2. We may share information about user behavior in the aggregate only. For example, we could share information like, “which day of the week do people spend the most time in front of their computer?”
  3. You can delete your data at any time — all of it, or just a part of it. You can also delete your Account at any time. Deleting your Account deletes all your data from our database.
  4. We won't spam you, ever as it is prohibited by law. We might occasionally send one-time messages about important Yaware news. We will likely continue to introduce ways that you can optionally have Yaware contact you with data that you care about, but you will always be able to turn this on or off.
  5. For individual Accounts, no other user can see any of your data or personal information.
  6. For team Accounts, sharing of data is controlled by the administrator of the Account. No one outside of your organization will have access to any of your data.

Definition of terms

Used terms you can find here

1. Data we collect and how it is collected?

1.1. Yaware collects data to operate effectively and provide you the best experiences with our Services. You provide some of this data directly, such as when you create a Yaware Account, administer your organization’s licensing Account, or contact us for support. We get some of it by recording how you interact with our Services by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties.

1.2. We also receive encrypted data about the time, which users with installed Yaware Agent  on their devices, spend using software on their devices.

We define this data into four comprehensive categories:

  • Customer Data – will be used only to provide customers the Online Services including purposes compatible with providing those Services.
    For example, we may use Customer Data to provide a personalized experience, improve Service reliability, or improve features and functionality of the Online Service. Yaware will not use Customer Data or derive information from it for any advertising or similar commercial purposes. “Customer Data” means all data, including all text, sound, video, or image files, and software, that are provided to Yaware by, or on behalf of, you or your end users through use of the Online Service. Customer Data is not Administrator Data, Payment Data, or Support Data.
  • Administrator Data is information provided to Yaware during sign-up, purchase, or administration of the Online Services.
    Administrator Data includes the name, phone number, and email address you provide, as well as aggregated usage information related to your Account and administrative data, such as the controls you select, associated with your Account. We use Administrator Data to provide the Online Services, complete transactions, service the Account, and detect and prevent fraud.
    We may use Administrator Data to contact you to provide information about your Account, subscriptions, billing, and updates to the Online Services, including information about new features, security or other technical issues. You will not be able to unsubscribe from these non-promotional communications.
    Subject to your contact preferences, we may also contact you regarding information and offers about other products and Services, or share your contact information with Yaware's partners. You may manage your contact preferences or update your information in your Account profile.
    Administrator Data may also include contact information of your colleagues and friends if you agree to provide it to Yaware for the limited purpose of sending them an invitation to use the Online Services; we may contact those individuals with communications that may include information about you, such as your name and email address.

We do not store any of yours payment data like credit card number, expiration date or cvc code. All payments are processed by payment gateways PayPal and PayPro Global .

  • Support Data is the information we collect when you contact or engage Yaware for support.
    It includes information you submit in a support request or provide when you send error log files. It may also include information about hardware, software, and other details gathered related to the support incident, such as contact or authentication information, chat session personalization, information about the condition of the application when the fault occurred, system and registry data about software installations and hardware configurations, and error-tracking files. In addition to using Support Data to resolve your support incident, we use Support Data to operate, improve and personalize the products and Services we offer.
    Support may be provided through phone, email, or online chat. Phone conversations, online chat sessions, or RA sessions with support professionals may be recorded and/or monitored.
    Following a support incident, we may send you a survey about your experience and offerings. You must opt-out of support surveys separately from other communications provided by Yaware by contacting Support or through the email footer.  To review and edit your personal information collected through our support services, please contact us by using our web form.

1.3. Why do we need this data?

1.3.1. We protect data obtained from third parties according to the practices described in this statement, plus any additional restrictions imposed by the source of the data. These third-party sources may vary over time and may include the following:

  • Data brokers from which we obtain demographic data to supplement the data we collect.
  • Social networks when you grant permission to a Yaware Services to access your data on one or more networks.
  • Service providers that help us determine a location based on your IP address in order to customize certain Services to your location.

1.3.2. You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to provide the Service or feature, you may not be able to use that Service or feature.

1.3.3. The data we collect depends on the context of your interactions with Yaware, the choices you make, including your privacy settings, and the Services and features you use. The data we collect can include the following:

  1. Name and contact data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
  2. Credentials. We collect passwords, and similar security information used for authentication and Account access.
  3. Demographic data. We collect data about you such as your gender, country, and preferred language.
  4. Device and Usage data. We collect data about your device and how you and your device interact with Yaware and our Services. For example, we collect:
  • Device, connectivity and configuration data. We collect data about your device you use to connect to our Services. It includes data about the operating systems. It also includes IP address, regional and language settings.
  • Error reports and performance data. We collect data about the performance of the Services and any problems you experience with them. This data helps us to diagnose problems in the Services you use, and to improve our Services and provide solutions. Depending on your Services and settings, error reports (sometimes called “crash dumps”) can include data such as the type or severity of the problem, details of the software or hardware related to an error.
  • Troubleshooting and Help Data. When you engage Yaware for troubleshooting and help, we collect data about details related to the incident. Such data includes contact or authentication data, the content of your chats and other communications with Yaware, data about the condition of the application when the fault occurred.

1.3.4. We also collect information you provide to us and the content of messages you send to us, such as feedback and Services reviews you write, or questions and information you provide for customer support. When you contact us, such as for customer support, phone conversations or chat sessions with our representatives may be monitored and recorded.

2. How We Use Personal Data?

2.1. Yaware uses the data we collect to operate our business and provide you the Services we offer, which includes using data to improve our Services and personalize your experiences. One of the main features of Yaware.TimeTracker is to analyse users’ activity with the device, where the TimeTracker client is  installed. Thus we collect data about time spent on using software on such devices to give you the comprehensive analysis, reports and visualizations of such activity. We also may use the data to communicate with you, for example, informing you about your Account, security updates and the Services information.

2.2. Providing and improving our Services.

We use data to provide and improve the Services we offer and perform essential business operations. This includes operating the Services, maintaining and improving the performance of the Services, developing new features, conducting research, and providing customer support. Examples of such uses include the following:

  • Services Provision. We use data to carry out your transactions with us and to provide our Services to you.
  • Customer support. We use data to diagnose Services problems and provide other customer care and support services.
  • Services activation. We use data—such as device and application type, location, and unique device, application, network and subscription identifiers—to activate software and devices that require activation.
  • Services Improvement. We use data to continually improve our Services, including adding new features or capabilities. For example, we use error reports to improve security features, usage data to determine what new features to prioritize.
  • Security, Safety and Dispute Resolution. We use data to protect the security and safety of our Services and our customers, to detect and prevent fraud, to resolve disputes and enforce our agreements.
  • Business Operations. We use data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.

2.3. Communications. We use data we collect to communicate with you and personalize our communications with you. For example, we may contact you by phone or email or other means to inform you when a subscription is ending, let you know when security updates are available, update you or inquire about a support request, invite you to participate in a survey. Additionally, you can sign up for email subscriptions and choose whether you wish to receive promotional communications from Yaware by email and telephone.

3. Reasons We Share Personal Data

3.1. We share your personal data with your consent or as necessary to complete any transaction or provide any Service you have requested or authorized. We also share data with Yaware-controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our Services; and to protect the rights or property of Yaware.

3.2. In addition, we share personal data among Yaware-controlled affiliates and subsidiaries. We also share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we've hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data to provide those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.

3.3. Finally, we will access, transfer, disclose, and preserve personal data, when we have a good faith belief that doing so is necessary to:

  1. comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies;
  2. protect our customers, for example to prevent spam or attempts to defraud users of our Services, or to help prevent the loss of life or serious injury of anyone;
  3. operate and maintain the security of our Services, including to prevent or stop an attack on our computer systems or networks; or
  4. protect the rights or property of Yaware, including enforcing the terms governing the use of the Services – however, if we receive information indicating that someone is using our Services to traffic in stolen intellectual or physical property of Yaware, we will not inspect a customer's private content ourselves, but we may refer the matter to law enforcement.

4. How to Access & Control Your Personal Data

4.1. You can view, edit, or delete your personal data online for Yaware Services. You can also make choices about Yaware's collection and use of your data.

4.2. You can always choose whether you wish to receive promotional emails, telephone calls from Yaware. You can also opt out from receiving interest-based advertising from Yaware by visiting Account settings page, where you can edit and export your personal data.

Details see here

5. Cookies & Similar Technologies

5.1. Yaware uses cookies (small text files placed on your device) and similar technologies to provide our Websites and online Services and to help collect data. Cookies allow us, among other things, to store your preferences and settings; enable you to sign-in; combat fraud; and analyze how our Websites and online Services are performing.

5.2. We also use web beacons to help deliver cookies and gather usage and performance data. Our Websites may include web beacons and cookies from third-party service providers.

5.3. You have a variety of tools to control cookies, web beacons and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons and similar technologies. Your browser and other choices may impact your experiences with our Services.

More details see here

6. Local Software

6.1. Yaware.TimeTracker requires the installation of local software (Yaware Agent) on a user’s computer/device. This section of the Privacy Policy governs your use of local software provided by Yaware.

6.2. At your direction, the local software may transmit (i) data, which may include Customer Data, from a device or appliance to or from the Online Service; or (ii) logs or errors reports to Yaware for troubleshooting purposes. The local software may also collect data about the use and performance of the local software or the Online Service that may be transmitted to Yaware and analyzed to improve the quality, security, and integrity of the products and Services we offer.

6.3. Yaware Agent collects data according to your Account settings that may be configured by the Account owner. Yaware Agent by default collects the following data: 1) used applications on your computer (application path, application name), 2) visited sites (site URL and site title), 3) duration of working with each program/application (start and end time indicated too), 4) user’s name and computer’s name/number.

7. Notice to End Users

7.1. Yaware’s TimeTracker/TimeManager is intended for use by organizations and is administered to you by your organization. Your use of Yaware Services may be subject to your organization's policies, if any. If your organization is administering your use of the Yaware Services, please direct your privacy inquiries to your administrator. Yaware is not responsible for the privacy or security practices of our customers, which may differ from those set forth in this privacy statement.

7.2. If you use an email address provided by an organization you are affiliated with, such as an employer or school, to access Yaware online Services, the owner of the domain (e.g., your employer) associated with your email address may: (i) control and administer your Yaware online Services Account and (ii) access and process your data, including the contents of your communications and files.

More details you can find in our FAQs and Knowledge Base .

8. Use of Subcontractors

8.1. Yaware may hire subcontractors to provide services on its behalf. Any such subcontractors will be permitted to obtain data from the Online Services only to deliver the services Yaware has retained them to provide and will be prohibited from using data for any other purpose.

9. Data Location

9.1. Customer Data that Yaware processes on your behalf is stored on Amazon Web Services (AWS) servers according to Yaware and AWS agreement. Customer Data that Yaware processes on your behalf may be transferred to, and stored and processed in, the United States or any other country in which AWS maintains facilities.

9.2. Amazon Web Services and its subsidiaries participate in the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield frameworks. Its status may be checked here

9.3. Due to the European Economic Area section of the AWS Privacy Notice, when Amazon Web Services EMEA SARL is the provider of an AWS Offering, Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855, Luxembourg, is the data controller of personal information collected or processed through the AWS Offering. Amazon Web Services EMEA SARL is the authorized representative of Amazon Web Services, Inc. in the EEA.  

10. Information security 

10.1. Yaware takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of personal data. These include internal reviews of our data collection, storage, and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

10.2. We restrict access to personal information to Yaware employees, contractors, and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to disciplinary action, including termination and criminal prosecution, if they fail to meet these obligations. 

10.3. Yaware uses 128-bit SSL encryption, and creates daily backups. 

10.4. We never disclose any personal data to third parties without your prior written permission, unless otherwise requested by law, or agreed between the parties, or needed for the Services provision. 

10.5. We do not share, sell or rent any kind of personal data provided by our users, customers, or Website visitors to third-parties. We ensure the confidentiality of your personal data. 

10.6. If you have any concerns that aren't covered here,  please send your inquiry to dpo@yaware.com or contact@yaware.com

11. Data Retention

11.1. The criteria used to determine the period of storage of personal data and collected data by the Service is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary. You can configure this period on your Monitoring Settings page under the “Global Settings” menu.

  1. GDPR Compliance 

12.1. What is GDPR?  

12.1.1. General Data Protection Regulation (GDPR) is a legal act the main goal of which is to ameliorate the protection of EU citizens’ personal data and increase the obligations of the organizations to manage that information in a transparent and secure way. 

12.2. Your rights due to GDPR.

12.2.1. As an EU citizen you have the following GDPR rights: 

1) You have the right to be aware of what kind of your data is collected by Yaware; 

2) You have the right to know why this information is gathered from you; 

3) You have the right to agree or disagree to the data collection during the very first interaction with Yaware Website; 

4) You have the right to review/change/delete your personal data we received from you; 

5) You have the right to be aware of how Yaware protects your personal data; 

6) You have the right to disagree with the collection of the particular personal data; 

7) You have the right to know how you can review/change/delete/disagree with the collection of your data. 

12.2.2. Thus, every client has the following rights due to GDPR: to be informed, to request access to, correct (rectify), amend, delete (erase), port to another service provider (if technically feasible), restrict data processing, or object to certain uses of their personal data. 

12.2.3. Yaware does not use your personal data for automated decision-making. 

12.3. Your right to send requests

12.3.1. You may send a request relating to your personal data at email: dpo@yaware.com or via contact us form. 12.3.2. All your inquiries and messages will be responded to. However, please consider that in order to implement your requests or options we may need several days due to technical reasons (during such a period we may continue to process your personal information based on your past options). 

12.3.3. Please note that if you send us a request relating to your personal data, we have to make sure that it is you before we can respond. In order to do so, we may ask to see documentation verifying your identity.

13. Right to be forgotten

13.1. Your personal data and all data collected by our Service will be deleted immediately right after you press delete my Account on Account Settings menu. 

13.2. If you want your personal data to be completely or partially deleted, then please write a request to  dpo@yaware.com or via contact us form. Please note that your withdrawal of consent to process certain personal data about you may limit our ability to deliver Services to you.     

14. Right to know what personal data is collected

14.1. Yaware users have the right to submit any request on the personal data they submitted while interacting with the Yaware Service. 

14.2. You may write a request to dpo@yaware.com or via contact us form and we’ll send you the report on your personal data that you’ve provided. 

15. Changes

15.1 We reserve the right to modify this Privacy Policy at any time and at our own discretion.

15.2 If we decide to change our Privacy Policy, we will post those changes on this page.

15.3 By using our Website and (or) Services, you acknowledge and agree that it is your  responsibility to review this Privacy Policy periodically and become aware of the possible modifications.

16. Additional Terms for California Consumers. 

The information below is required due to the “The California Consumer Privacy Act of 2018” (the “CCPA”). The terms below apply to the State of California residents additionally to the rest terms of this Privacy Policy.

16.1. CCPA REQUESTS

16.1.1. Due to the CCPA California residents are provided with specific rights regarding the collection and storage of their personal information.

16.1.2. California residents may apply to us with requests as detailed below by emailing to dpo@yaware.com or contact@yaware.com .   

16.1.3. No Discrimination. We will not discriminate against any consumer for exercising their rights under the CCPA.  

16.1.4. CCPA Information Request Rights

16.1.4.1. You have the right to request the provision of the following information about our collection and use of your personal information over the preceding twelve (12) months. 

16.1.4.2. If upon receipt of a verifiable consumer request has been confirmed through our review of the information you provide in your request, we will disclose to you:

  1. The categories of personal information we have collected about you.
  2. The categories of sources from which the personal information is collected.
  3. The business or commercial purpose for collecting that personal information.
  4. The categories of third parties with whom we share or have shared that personal information.
  5. The specific pieces of personal information we collected about you. 

16.1.5. CCPA Deletion Request Rights

16.1.5.1. You have the right to request that we delete any of the Personal Information collected from you and retained, subject to certain exceptions and your verification. 

16.1.5.2. Your request to delete the Personal Information collected may be denied if it is necessary for us to retain your information under one or more exceptions listed in the CCPA.

16.2. WE DO NOT SELL YOUR PERSONAL INFORMATION 

16.2.1. We do not sell personal information collected about you to third parties. 

16.2.2. We do not share your personal information with outside third parties without your consent, unless instructed by you for the purpose of providing you the Services.

 

If You have any questions about this Privacy Policy, please send your inquiry to dpo@yaware.com or contact@yaware.com

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