Last updated on January 7, 2019.
Absencesoft is committed to protecting your privacy and ensuring that you have a positive experience on our website and in using our products and services (collectively, “Products”). This policy covers the Absencesoft website, web applications, mobile applications, and is applicable worldwide.
If you reside in California, you may have additional rights with respect to your Personal Data, as further outlined below. These rights may include rights under the California Consumers Privacy Act (“CCPA”), if you are a resident of California.
If you reside in the European Union (“EU”), the United Kingdom, Lichtenstein, Norway, Iceland or Switzerland, you may have additional rights with respect to your Personal Data, as further outlined below. These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), if you are a resident of the EU, United Kingdom, Lichtenstein, Norway or Iceland.
Collection of your Personal Data
We may collect the following categories of Personal Data about you when you use or otherwise interact with our Products: (1) your name, location, and your contact information (such as your email address, phone number, billing and physical addresses, and your account password)
We collect and/or process your Personal Data in connection with the below activities related to our Products: Account registration, Use of certain Product features, Generating reports based on information collected from the use of our Products, Requesting service and support for our Products and providing such support, Registering to attend a seminar or webinar, Participating in an online survey, Billing and collecting payments for our Products, Participating in discussion groups or forums, Registering for newsletter subscriptions
Processing of your Personal Data
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e. processing that is necessary for the performance of a contract with you, such as your user agreement with us that allows us to provide you with the Products) and our “legitimate interests” or the legitimate interest of others (e.g. our users) such as: personalizing, improving or operating our Products and business, better understanding your needs and interests, fulfilling requests you make related to the Products, providing you with information and offers from us or third parties, complying with our legal obligations, resolving disputes with users, enforcing our agreements, and Protecting, investigating and deterring against fraudulent, harmful, unauthorized or illegal activity
We process Personal Data for purposes such as: to process your orders and deliver the Products that you have ordered, to provide reports based on information collected through the use of our Products, to keep you up to date on the latest Product announcements, software updates, software upgrades, system enhancements, special offers, and other information, to provide support and assistance for our Products, to provide the ability to create personal profile areas and view protected content, to provide the ability to contact you and provide you with shipping and billing information, to provide customer feedback and support, to the extent you choose to participate, to conduct questionnaires and surveys in order to provide better products and services to our customers and end users, to support recruitment inquiries, to personalize marketing communications and website content based on your preferences, such as in response to your request for specific information on products and services that may be of interest, to contact individuals that you refer to us and identify you as the source of the referral, in accordance with the “Referral” section below, and to meet contract or legal obligations.
If you choose to use our referral service to tell a contact about our products, you represent that you have their consent to provide us with your contact’s name and email address. We will automatically send your contact a one-time email inviting them to visit the website. Unless we are authorized by your contact, we will only use your contact’s name and email address for the purpose of sending this one-time email and maintaining an activity log of our referral program.
You can choose whether to provide Personal Data to Absencesoft, but note that you may be unable to access certain options, offers, and services if they require Personal Data that you have not provided. You can sign-up, and therefore consent, to receive email or newsletter communications from us. If you would like to discontinue receiving these communications, you can update your preferences by using the “Unsubscribe” link found in such emails or by contacting us using the information in the “Contact Us” section of this policy.
Data Subject Rights
You have certain rights with respect to your Personal Data as set forth below. Please note that in some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision.
To make any of the following requests, contact us using the contact details referred to in the “Contact Us” section of this policy.
Access: You can request more information about the Personal Data we hold about you. You can also request a copy of the Personal Data.
Rectification: If you believe that any Personal Data we hold about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your service account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
Objection: You can contact us to let us know that you object to the collection or use of your Personal Data for certain purposes.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Portability: You have the right to ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Products.
Right to File Complaint: In compliance with the Privacy Shield Principles, Absencesoft commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Absencesoft at:
firstname.lastname@example.org Attention: Privacy Officer.
You can also contact us by writing to this address:
Attention: Privacy Officer
14143 Denver West Pkwy, Suite 350, Golden, CO 80401
How long we retain your Personal Data depends on the type of data and the purpose for which we process the data.
Absencesoft and our third party service providers automatically collect some information about you when you use our Products, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the website and/or Products.
In addition, when you use some of our Products, network information is transmitted back to us such as Product usage information. This information is transmitted back to us so we can determine how users are interacting with our Products, to assist us with improving our Products, and to correct any problems that may occur.
Cookies and Tracking Technologies
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Products do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Products and after you leave our properties.
We partner with third parties to either display advertising on our website or to manage our advertising on other sites. Some of our third party partners use technologies such as cookies and other technologies to gather information about your activities on this website, our affiliates’ websites, and unaffiliated websites in order to provide you advertising based upon your browsing activities and interests. With respect to our interest-based ads, we adhere to self-regulatory principles for online behavioral advertising.
We collect information about where you are located when you are using our Products. We use this information for purposes such as optimizing your connection to our data center and suggesting customizations to your experience with our Products (e.g. your language preference). We share this information with parties such as our data center provider and our advertising partners. If you do not wish to allow us to share your information in this manner please opt-out by contacting us using the information in the “Contact Us” section of this policy.
Sharing your Personal Data
We do not sell or rent your Personal Data to third parties for marketing purposes unless you have granted us permission to do so. We share Personal Data within Absencesoft, and with third party service providers for purposes of data processing or storage. We also share Personal Data with business partners, service vendors and/or authorized third-party agents or contractors in order to provide requested Products or transactions, including processing orders, processing credit card transactions, hosting websites, hosting events and seminar registration and providing customer support. We provide these third parties with Personal to complete/utilize the requested Product or transaction.
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy. As required by law, we may respond to subpoenas, court orders, or similar legal process by disclosing your Personal Data and other related information, if necessary. We also may use Personal Data and other related information to establish or exercise our legal rights or defend against legal claims.
We collect and possibly share Personal Data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Absencesoft’s terms of service, or as otherwise required by law.
Security of your Personal Data
Absencesoft is committed to protecting the Personal Data you share with us. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Data from unauthorized access, use or disclosure. When we transfer your Personal Data over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology.
We recommend you take every precaution in protecting your Personal Data when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser. If you have any questions about the security of your Personal Data, you can contact us by using the information in the “Contact Us” section of this policy.
Linked websites and third party services
Our websites and services may provide links to other third-party websites and services which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites you visit or services you use.
If you participate in a Absencesoft discussion forum, you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside Absencesoft, who have access to that discussion forum. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of Absencesoft.
Transfer and Storage of Personal Data
Our Products are hosted and operated in the United States (“U.S.”) through Absencesoft and its service providers. We may transfer your Personal Data to the U.S., to any Absencesoft affiliate worldwide, or to third parties acting on our behalf for the purposes of processing or storage. By using any of our Products or providing any Personal Data for any of the purposes stated above, you consent to the transfer and storage of your Personal Data, whether provided by you or obtained through a third party, to the U.S. as set forth herein, including the hosting of such Personal Data on U.S. servers.
California Consumer Privacy Act of 2018 (CCPA)
Consumer rights in the CCPA can be formulated in different ways, but we divide them into the following categories: (1) right to notice, (2) right to access, (3) right to opt out (or right to opt in), (4) right to request deletion, and (5) right to equal services and prices.
(1) Under the CCPA, businesses must inform consumers at or before the point of collection what categories of personal information will be collected and the purposes for which these categories will be used.
(2) Under the CCPA, you have the right to request that a business disclose the categories of personal information collected; the categories of sources from which personal information is collected; the business or commercial purpose; the categories of third parties with which the business shares personal information; and the specific pieces of personal information the business holds about a consumer.
(3) CCPA provides for a right to opt in to the sale of data (exercised by the minor if the consumer is between 13 and 16 years of age, or by the minor’s parent or guardian if the consumer is under 13 years old).
(4) Consumers also have the right to request deletion of personal information, but only where that information was collected from the consumer. Like the right to erasure under the GDPR, this right is subject to exceptions.
(5) The CCPA prohibits businesses from discriminating against consumers by denying goods or services, charging a different price or rate for goods or services, providing a different level or quality of goods or services, or suggesting that they will do any of these things based upon a consumer’s exercise of any CCPA rights.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
Absencesoft participates in its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield. Absencesoft has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List.
Absencesoft is responsible for the processing of Personal Data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Absencesoft complies with the Privacy Shield Principles for all onward transfers of Personal Data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to Personal Data received or transferred pursuant to the Privacy Shield Frameworks, Absencesoft is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Absencesoft may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you can invoke binding arbitration when other dispute resolution procedures have been exhausted.
Standard Contractual Clauses
In certain cases, Absencesoft will transfer Personal Data from the EU in accordance with the European Commission-approved Standard Contractual Clauses, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.
Children Under the Age of 13
Our Products are not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us via our contact us link.
You can also contact us by writing to this address:
Attention: Privacy Officer
14143 Denver West Pkwy, Suite 350, Golden, CO 80401