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PRIVACY POLICY

Effective date: March 11, 2022 (view archived versions)

At Gradle, Inc. (“Gradle” or the “Company”), we take your privacy seriously.
Please read this Privacy Policy to learn how we treat your personal data. By
using or accessing our Services or the Gradle Enterprise software in any manner,
you acknowledge that you accept the practices and policies outlined below, and
you hereby consent that we will collect, use and share your information as
described in this Privacy Policy.

Remember that your use of Gradle’s Services is at all times subject to our Terms
of Use, which incorporates this Privacy Policy, and your use of Gradle
Enterprise is at all times subject to a separate Software License Agreement,
which is available at
https://gradle.com/legal/gradle-enterprise-software-agreement/. We have
identified below which of your Personal Data we collect from use of our Services
and which of your Personal Data we may collect from use of Gradle Enterprise.
Any terms we use in this Policy without defining them have the definitions given
to them in the Terms of Use.


WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy covers how we treat Personal Data that we gather when you
access or use our Services or through your use of the Gradle Enterprise
software. “Personal Data” means any information that identifies or relates to a
particular individual and also includes information referred to as “personally
identifiable information” or “personal information” under applicable data
privacy laws, rules or regulations. This Privacy Policy does not cover the
practices of companies we don’t own or control or people we don’t manage.


PERSONAL DATA


CATEGORIES OF PERSONAL DATA WE MAY COLLECT

This chart details the categories of Personal Data that we may collect or that
we have collected over the past 12 months through the Services:

Category of Personal Data  Examples of Personal Data We May Collect Profile or
Contact Data
 * First and last name
 * Email
 * Phone number
 * Organization
 * Role within your organization
 * Who is responsible at your organization for build and test quality

Device/IP Data
 * IP address
 * Device ID
 * Local hostname
 * Public hostname
 * Domain server
 * Type of device/operating system/browser used to access the Services
 * Build java virtual machine
 * Operating System
 * Hardware

Web Analytics
 * Web page interactions
 * Referring webpage/source through which you accessed the Services
 * Non-identifiable request IDs
 * Statistics associated with the interaction between device or browser and the
   Services

Consumer Demographic Data
 * Address
 * Zip code

Geolocation Data
 * IP-address-based location information
 * GPS data

Inferences Drawn From Other Personal Data Collected
 * Profiles reflecting user attributes
 * Profiles reflecting user behavior

Other Identifying Information that You Voluntarily Choose to Provide
 * Identifying information in emails or letters you send us

This chart details the categories of Personal Data that we may collect and have
collected over the past 12 months in connection with acquiring a license for
Gradle Enterprise or if you reach out to us for Gradle Enterprise technical
support:

Category of Personal Data  Examples of Personal Data We Collect Profile or
Contact Data
 * First and last name
 * Email
 * Phone number
 * Business mailing address

Device/IP Data
 * IP address
 * Device ID
 * Domain server

Data protection laws vary in how they define a “sale” of Personal Data. Based on
our current understanding of the CCPA, we believe we do not knowingly sell your
Personal Data. We may share your personal data with the following service
providers:

Third Parties With Whom We May Share Your Personal Data Examples Service
Providers
 * Hosting, technology and communication providers
 * Security and fraud prevention consultants
 * Support and customer service vendors
 * Product fulfillment and delivery providers

Advertising Partners
 * Ad networks
 * Data brokers
 * Marketing providers

Analytics Partners
 * Companies that track how users found or were referred to the Services
 * Companies that track how users interact with the Services

Business Partners
 * Businesses that you have a relationship with
 * Companies that we partner with to offer joint promotional offers or
   opportunities

Parties You Authorize, Access or Authenticate
 * Third parties you access through the services
 * Social media services
 * Other users


CATEGORIES OF SOURCES OF PERSONAL DATA

We collect Personal Data about you from the following categories of sources:

 * You
   * When you provide such information directly to us.
     * When you use our interactive tools and Services.
     * When you voluntarily provide information in free-form text boxes through
       the Services or through responses to surveys or questionnaires.
     * When you send us an email or otherwise contact us.
   * When you use the Services and such information is collected automatically.
     * Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out”
       section below).
     * If you download and install certain applications and software we make
       available, we may receive and collect information transmitted from your
       computing device for the purpose of providing you the relevant Services,
       such as information regarding when you are logged on and available to
       receive updates or alert notices.
 * Third Parties
   * Vendors
     * We may use analytics providers to analyze how you interact and engage
       with the Services, or third parties may help us provide you with customer
       support.
     * We may use vendors to obtain information to generate leads and create
       user profiles.
   * Advertising Partners
     * We receive information about you from some of our vendors who assist us
       with marketing or promotional services related to how you interact with
       our websites, applications, products, Services, advertisements or
       communications.


OUR COMMERCIAL OR BUSINESS PURPOSES FOR COLLECTING PERSONAL DATA

 * Providing, Customizing and Improving the Services
   * Processing orders or other transactions; billing.
   * Providing you with the products, services or information you request.
   * Meeting or fulfilling the reason you provided the information to us.
   * Providing support and assistance for the Services.
   * Improving the Services, including testing, research, internal analytics and
     product development.
   * Personalizing the Services, website content and communications based on
     your preferences.
   * Doing fraud protection, security and debugging.
   * Carrying out other business purposes stated when collecting your Personal
     Data or as otherwise set forth in applicable data privacy laws, such as the
     California Consumer Privacy Act (the “CCPA”).

 * Marketing the Services
   * Marketing and selling the Services.
   * Showing you advertisements, including interest-based or online behavioral
     advertising.
 * Corresponding with You
   * Responding to correspondence that we receive from you, contacting you when
     necessary or requested, and sending you information about Gradle or the
     Services.
   * Sending emails and other communications according to your preferences or
     that display content that we think will interest you.
 * Meeting Legal Requirements and Enforcing Legal Terms
   * Fulfilling our legal obligations under applicable law, regulation, court
     order or other legal process, such as preventing, detecting and
     investigating security incidents and potentially illegal or prohibited
     activities.
   * Protecting the rights, property or safety of you, Gradle or another party.
   * Enforcing any agreements with you.
   * Responding to claims that any posting or other content violates third-party
     rights.
   * Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal
Data we collected for materially different, unrelated or incompatible purposes
without providing you notice.


HOW WE SHARE YOUR PERSONAL DATA

We may disclose your Personal Data to the categories of service providers and
other parties listed in this section. Depending on state laws that may be
applicable to you, some of these disclosures may constitute a “sale” of your
Personal Data. For more information, please refer to the state-specific sections
below.

 * Service Providers. These parties help us provide the Services or perform
   business functions on our behalf. They include:
   * Hosting, technology and communication providers.
   * Security and fraud prevention consultants.
   * Support and customer service vendors.
   * Product fulfillment and delivery providers.
 * Advertising Partners. These parties help us market our services and provide
   you with other offers that may be of interest to you. They include:
   * Ad networks.
   * Data brokers.
   * Marketing providers.
 * Analytics Partners. These parties provide analytics on web traffic or usage
   of the Services. They include:
   * Companies that track how users found or were referred to the Services.
   * Companies that track how users interact with the Services.
 * Business Partners. These parties partner with us in offering various
   services. They include:
   * Businesses that you have a relationship with.
   * Companies that we partner with to offer joint promotional offers or
     opportunities.
 * Parties You Authorize, Access or Authenticate
   * Third parties you access through the services.
   * Social media services.
   * Other users.


LEGAL OBLIGATIONS

We may share any Personal Data that we collect with third parties in conjunction
with any of the activities set forth under “Meeting Legal Requirements and
Enforcing Legal Terms” in the “Our Commercial or Business Purposes for
Collecting Personal Data” section above.


BUSINESS TRANSFERS

All of your Personal Data that we collect may be transferred to a third party if
we undergo a merger, acquisition, bankruptcy or other transaction in which that
third party assumes control of our business (in whole or in part). Should one of
these events occur, we will make reasonable efforts to notify you before your
information becomes subject to different privacy and security policies and
practices.


DATA THAT IS NOT PERSONAL DATA

We may create aggregated, de-identified or anonymized data from the Personal
Data we collect, including by removing information that makes the data
personally identifiable to a particular user. We may use such aggregated,
de-identified or anonymized data and share it with third parties for our lawful
business purposes, including to analyze, build and improve the Services and
promote our business, provided that we will not share such data in a manner that
could identify you.


TRACKING TOOLS, ADVERTISING AND OPT-OUT

The Services use cookies and similar technologies such as pixel tags, web
beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our
servers to recognize your web browser, tell us how and when you visit and use
our Services, analyze trends, learn about our user base and operate and improve
our Services. Cookies are small pieces of data– usually text files – placed on
your computer, tablet, phone or similar device when you use that device to
access our Services. We may also supplement the information we collect from you
with information received from third parties, including third parties that have
placed their own Cookies on your device(s). Please note that because of our use
of Cookies, the Services do not support “Do Not Track” requests sent from a
browser at this time.

We use the following types of Cookies:

 * Essential Cookies. Essential Cookies are required for providing you with
   features or services that you have requested. For example, certain Cookies
   enable you to log into secure areas of our Services. Disabling these Cookies
   may make certain features and services unavailable.
 * Functional Cookies. Functional Cookies are used to record your choices and
   settings regarding our Services, maintain your preferences over time and
   recognize you when you return to our Services. These Cookies help us to
   personalize our content for you, greet you by name and remember your
   preferences (for example, your choice of language or region).

You can decide whether or not to accept Cookies through your internet browser’s
settings. Most browsers have an option for turning off the Cookie feature, which
will prevent your browser from accepting new Cookies, as well as (depending on
the sophistication of your browser software) allow you to decide on acceptance
of each new Cookie in a variety of ways. You can also delete all Cookies that
are already on your device. If you do this, however, you may have to manually
adjust some preferences every time you visit our website and some of the
Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences”
or “options” section of your browser’s menu. To find out more information about
Cookies, including information about how to manage and delete Cookies, please
visit http://www.allaboutcookies.org/.


DATA SECURITY AND RETENTION

We seek to protect your Personal Data from unauthorized access, use and
disclosure using appropriate physical, technical, organizational and
administrative security measures based on the type of Personal Data and how we
are processing that data. You should also help protect your data by
appropriately limiting access to your computer or device and browser. Although
we work to protect the security of your account and other data that we hold in
our records, please be aware that no method of transmitting data over the
internet or storing data is completely secure.

We retain Personal Data about you as necessary to provide you with our Services.
In some cases we retain Personal Data for longer, if doing so is necessary to
comply with our legal obligations, resolve disputes or collect fees owed, or is
otherwise permitted or required by applicable law, rule or regulation. We may
further retain information in an anonymous or aggregated form where that
information would not identify you personally.


PERSONAL DATA OF CHILDREN

We do not knowingly collect or solicit Personal Data about children under 16
years of age; if you are a child under the age of 16, please do not attempt to
register for or otherwise use the Services or send us any Personal Data. If we
learn we have collected Personal Data from a child under 16 years of age, we
will delete that information as quickly as possible. If you believe that a child
under 16 years of age may have provided Personal Data to us, please contact us
at privacy@gradle.com.


CALIFORNIA RESIDENT RIGHTS

If you are a California resident, you have the rights set forth in this section.
Please see the “Exercising Your Rights” section below for instructions regarding
how to exercise these rights.

If there are any conflicts between this section and any other provision of this
Privacy Policy and you are a California resident, the portion that is more
protective of Personal Data shall control to the extent of such conflict. If you
have any questions about this section or whether any of the following rights
apply to you, please contact us at privacy@gradle.com.


ACCESS

You have the right to request certain information about our collection and use
of your Personal Data over the past 12 months. In response, we will provide you
with the following information:

 * The categories of Personal Data that we have collected about you.
 * The categories of sources from which that Personal Data was collected.
 * The business or commercial purpose for collecting or selling your Personal
   Data.
 * The categories of third parties with whom we have shared your Personal Data.
 * The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business
purpose over the past 12 months, we will identify the categories of Personal
Data shared with each category of third party recipient. If we have sold your
Personal Data over the past 12 months, we will identify the categories of
Personal Data sold to each category of third party recipient.


DELETION

You have the right to request that we delete the Personal Data that we have
collected about you. Under the CCPA, this right is subject to certain
exceptions: for example, we may need to retain your Personal Data to provide you
with the Services or complete a transaction or other action you have requested.
If your deletion request is subject to one of these exceptions, we may deny your
deletion request.


EXERCISING YOUR RIGHTS

To exercise the rights described above, you or your Authorized Agent (defined
below) must send us a request that (1) provides sufficient information to allow
us to verify that you are the person about whom we have collected Personal Data
(such as your name, email address and/or IP address), and (2) describes your
request in sufficient detail to allow us to understand, evaluate and respond to
it. Each request that meets both of these criteria will be considered a “Valid
Request.” We may not respond to requests that do not meet these criteria. We
will only use Personal Data provided in a Valid Request to verify your identity
and complete your request. You do not need an account to submit a Valid Request.
We take the security and privacy of your Personal Data seriously, and we will
not provide access to certain types of Personal Data such as social security
numbers, driver’s license number or other government-issued identification
number, financial account number, any health insurance or medical identification
number, an account password, security questions and answers, or unique biometric
data. We may require a notarized affidavit to verify your identity.

We will work to respond to your Valid Request within 45 days of receipt. We will
not charge you a fee for making a Valid Request unless your Valid Request(s) is
excessive, repetitive or manifestly unfounded. If we determine that your Valid
Request warrants a fee, we will notify you of the fee and explain that decision
before completing your request.

You may submit a Valid Request using the following methods:

 * Call us at: +1 (415) 446-9553
 * Email us at: privacy@gradle.com

You may also authorize an agent (an “Authorized Agent”) to exercise your rights
on your behalf. To do this, you must provide your Authorized Agent with written
permission to exercise your rights on your behalf, and we may request a copy of
this written permission from your Authorized Agent when they make a request on
your behalf.


PERSONAL DATA SALES

In this section, we use the term ‘sell’ as it is defined in the CCPA. Based on
our current understanding of the CCPA, we do not believe we sell your Personal
Data. However, as described in this Privacy Policy, we have incorporated Cookies
from certain third parties into our Services. These Cookies allow those third
parties to receive information about your activity on our Services that is
associated with your browser or device. Those third parties may use that data to
serve you relevant ads on our Services or on other websites you visit. You can
opt out of such cookies by following the opt-out method described in the
Personal Data section of this policy.


WE WILL NOT DISCRIMINATE AGAINST YOU FOR EXERCISING YOUR RIGHTS UNDER THE CCPA

We will not discriminate against you for exercising your rights under the CCPA.
We will not deny you our goods or services, charge you different prices or
rates, or provide you a lower quality of goods and services if you exercise your
rights under the CCPA. However, we may offer different tiers of our Services as
allowed by applicable data privacy laws (including the CCPA) with varying levels
of services you receive related to the value of Personal Data that we receive
from you.


STATE LAW PRIVACY RIGHTS


CALIFORNIA RESIDENT RIGHTS

Under California Civil Code Sections 1798.83-1798.84, California residents are
entitled to contact us to prevent disclosure of Personal Data to third parties
for such third parties’ direct marketing purposes; in order to submit such a
request, please contact us at privacy@gradle.com.


NEVADA RESIDENT RIGHTS

If you are a resident of Nevada, you have the right to opt-out of the sale of
certain Personal Data to third parties who intend to license or sell that
Personal Data. You can exercise this right by contacting us at
privacy@gradle.com with the subject line “Nevada Do Not Sell Request” and
providing us with your name and the email address associated with your account.
Please note that we do not currently sell your Personal Data as sales are
defined in Nevada Revised Statutes Chapter 603A.


EUROPEAN UNION DATA SUBJECT RIGHTS


EU RESIDENTS

If you are a resident of the European Union (“EU”), United Kingdom,
Lichtenstein, Norway or Iceland, you may have additional rights under the EU
General Data Protection Regulation (the “GDPR”) with respect to your Personal
Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are
defined in the GDPR, but “Personal Data” generally means information that can be
used to individually identify a person, and “processing” generally covers
actions that can be performed in connection with data such as collection, use,
storage and disclosure. Gradle will be the controller of your Personal Data
processed in connection with the Services or in the event you provide us with
any Personal Data in connection with Gradle Enterprise.

If there are any conflicts between this this section and any other provision of
this Privacy Policy, the policy or portion that is more protective of Personal
Data shall control to the extent of such conflict. If you have any questions
about this section or whether any of the following applies to you, please
contact us at privacy@gradle.com.


PERSONAL DATA WE COLLECT

The “Categories of Personal Data We Collect” section above details the Personal
Data that we collect from you.


PERSONAL DATA USE AND PROCESSING GROUNDS

The “Our Commercial or Business Purposes for Collecting Personal Data” section
above explains how we use 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 and our
“legitimate interests” or the legitimate interest of others, as further
described below.

 * Contractual Necessity: We process the categories of Personal Data listed
   under the heading “Categories of Personal Data We Collect” as a matter of
   “contractual necessity”, meaning that we need to process the data to perform
   under our Terms of Use with you, which enables us to provide you with the
   Services. When we process data due to contractual necessity, failure to
   provide such Personal Data will result in your inability to use some or all
   portions of the Services that require such data.
 * Legitimate Interest: We may process Personal Data when we believe it furthers
   the legitimate interest of us or third parties. We may also de-identify or
   anonymize Personal Data to further our legitimate interests. Examples of
   these legitimate interests include:
   * Providing, customizing and improving the Services.
   * Marketing the Services.
   * Corresponding with you.
   * Meeting legal requirements and enforcing legal terms.
   * Completing corporate transactions.
 * Consent: In some cases, we process Personal Data based on the consent you
   expressly grant to us at the time we collect such data. When we process
   Personal Data based on your consent, it will be expressly indicated to you at
   the point and time of collection.
 * Other Processing Grounds: From time to time we may also need to process
   Personal Data to comply with a legal obligation, if it is necessary to
   protect the vital interests of you or other data subjects, or if it is
   necessary for a task carried out in the public interest.


SHARING PERSONAL DATA

The “How We Share Your Personal Data” section above details how we share your
Personal Data with third parties.


EU DATA SUBJECT RIGHTS

You have certain rights with respect to your Personal Data, including those set
forth below. For more information about these rights, or to submit a request,
please email us at privacy@gradle.com. Please note that in some circumstances,
we may not be able to fully comply with your request, such as if it is frivolous
or extremely impractical, if it jeopardizes the rights of others, or if it is
not required by law, but in those circumstances, we will still respond to notify
you of such a decision. In some cases, we may also need you to provide us with
additional information, which may include Personal Data, if necessary to verify
your identity and the nature of your request.

 * Access: You can request more information about the Personal Data we hold
   about you and request a copy of such Personal Data.
 * Rectification: If you believe that any Personal Data we are holding about you
   is incorrect or incomplete, you can request that we correct or supplement
   such data.
 * Erasure: You can request that we erase some or all of your Personal Data from
   our systems.
 * 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 Services.
 * Portability: You can ask for a copy of your Personal Data in a
   machine-readable format. You can also request that we transmit the data to
   another controller where technically feasible.
 * Objection: You can contact us to let us know that you object to the further
   use or disclosure of your Personal Data for certain purposes, such as for
   direct marketing purposes.
 * Restriction of Processing: You can ask us to restrict further processing of
   your Personal Data.
 * Right to File Complaint: You have the right to lodge a complaint about
   Gradle’s practices with respect to your Personal Data with the supervisory
   authority of your country or EU Member State. A list of Supervisory
   Authorities is available here:
   https://edpb.europa.eu/about-edpb/board/members_en.


TRANSFERS OF PERSONAL DATA

The Services are hosted and operated in the United States (“U.S.”) through
Gradle and its service providers, and if you do not reside in the U.S., laws in
the U.S. may differ from the laws where you reside. By using the Services, you
acknowledge that any Personal Data about you, regardless of whether provided by
you or obtained from a third party, is being provided to Gradle in the U.S. and
will be hosted on U.S. servers, and you authorize Gradle to transfer, store and
process your information to and in the U.S., and possibly other countries. You
hereby consent to the transfer of your data to the U.S. pursuant to: (i) a data
processing agreement incorporating standard data protection clauses promulgated
by the European Commission, a copy of which can be obtained at
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087, (ii)
binding corporate rules for data protection that align with the GDPR’s
requirements, or (iii) adherence to an industry- or technology-specific approved
code of conduct blessed by the European Commission.


EU-U.S. PRIVACY SHIELD FRAMEWORK AND SWISS-U.S. PRIVACY SHIELD FRAMEWORK

Gradle complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy
Shield Framework (together, the “Privacy Shield Framework”) as set forth by the
U.S. Department of Commerce regarding the collection, use, and retention of
personal information transferred from the European Union and Switzerland to the
United States. Under the Privacy Shield Framework, Gradle shall be subject to
liability in cases of onward transfers of personal information to third parties,
however Gradle is required to disclose personal information in response to
lawful requests by public authorities, including to meet national security or
law enforcement requirements.

Gradle has certified to the U.S. Department of Commerce that it adheres to the
Privacy Shield Principles, and under the Privacy Shield Framework, Gradle is
subject to the investigatory and enforcement powers of the Federal Trade
Commission (FTC). If there is any conflict between the terms in this privacy
policy and the Privacy Shield Principles, the Privacy Shield Principles shall
govern. To learn more about the Privacy Shield program, and to view our
certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, Gradle 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 Gradle’s privacy team at privacy@gradle.com. In
resolving disputes, it may be possible, under certain conditions, for you to
invoke binding arbitration.

Gradle has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
https://bbbprograms.org/privacy-shield-complaints/ for more information and to
file a complaint. This service is provided free of charge to you.


CHANGES TO THIS PRIVACY POLICY

We’re constantly trying to improve our Services, so we may need to change this
Privacy Policy from time to time, but we will alert you to any such changes by
placing a notice on the Gradle website, by sending you an email and/or by some
other means. Please note that if you’ve opted not to receive legal notice emails
from us (or you haven’t provided us with your email address), those legal
notices will still govern your use of the Services, and you are still
responsible for reading and understanding them. If you use the Services after
any changes to the Privacy Policy have been posted, that means you agree to all
of the changes. Use of information we collect is subject to the Privacy Policy
in effect at the time such information is collected.


CONTACT INFORMATION

If you have any questions or comments about this Privacy Policy, the ways in
which we collect and use your Personal Data or your choices and rights regarding
such collection and use, please do not hesitate to contact us at:

Rolf Dockter

 * Phone: +1 415-446-9553 / +49 30-609-886-880
 * Website: www.gradle.com
 * Email: privacy@gradle.com
 * Address: 2261 Market Street #4081, San Francisco, CA 94114, United States
   | Danckelmannstr. 21, 14059, Berlin, Germany

If you are located in the United Kingdom, you may use the following information
to contact our Data Protection Officer and our United Kingdom-Based Member
Representative:

GRCI Law Limited Email: ukrep@grcilaw.com


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