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Home / Legal / Privacy Policy


PRIVACY POLICY

INTRODUCTION

Thank you for visiting the Invicti Security website. We develop web application
security solutions, and we are committed to protecting the privacy and security
of your personal information. We also believe in transparency, and this Policy
explains how we treat your personal data. Please read this Policy carefully to
learn more about how we process personal information and what rights you may
have under applicable law.

When does this Policy apply? This Policy describes our practices for the
personal information for which we are a “data controller” under applicable law.
This includes information collected when you visit our websites that display a
link to this Policy (the “Sites”) or when you communicate with us. It includes
our Cookies and Similar Technologies Policy and our California Privacy
Rights page.

This Policy does not apply when you purchase our solutions or when we process
personal data on behalf of a customer. For information about a customer’s data
practices, please contact the customer directly. We are not responsible for our
customers’ privacy or security practices.

HOW DO WE COLLECT AND USE PERSONAL INFORMATION?

We collect the following types of personal data for the uses and purposes listed
below. You may choose not to provide us with any personal information, but you
will not be able to access portions of the Sites that require personal
information.

CategoryDescription and PurposeContact InformationIf you contact us or submit a
question via our Sites, request a demo, or otherwise inquire about our products
or services, we collect your name, company name, work email address, and phone
number.We process Contact Information to provide our products and services to
you, to provide customer support, to ensure the privacy and security of our
Sites, products, and services, to maintain our databases and back-ups, to manage
our relationships with you, to communicate with you, and to keep records of our
communications with you. The legal basis for this processing is consent or,
where applicable, our legitimate interests in the proper administration of our
Sites and business, the proper management of our customer relationships, and
direct marketing, and the performance of a contract between you and us and/or
taking steps, at your request, to enter into such a contract.Account
Registration InformationWhen you register with us, we collect your Contact
Information, your company website URL, and a record of the products and services
for which you have registered.We process Account Registration Information to
provide our products and services to you, to provide customer support, to ensure
the privacy and security of our products and services, to maintain our databases
and back-ups, to manage our relationships with you, to communicate with you, and
to keep records of our communications with you. The legal basis for this
processing is consent or, where applicable, our legitimate interests in the
proper administration of our Sites and business, the proper management of our
customer relationships, and the performance of a contract between you and us
and/or taking steps, at your request, to enter into such a
contract.Communications and InquiriesIf you contact us, in addition to your
Contact Information, we will receive the subject matter of your message and any
comments, content, or other information that you choose to provide.We process
Communications and Inquiries to provide our products and services to you, to
provide customer support, to ensure the privacy and security of our Sites,
products, and services, to maintain our databases and back-ups, to manage our
relationships with you, to communicate with you, and to keep records of our
communications with you. The legal basis for this processing is consent or,
where applicable, our legitimate interests in the proper administration of our
Sites and business, the proper management of our customer relationships, and the
performance of a contract between you and us and/or taking steps, at your
request, to enter into such a contract.Cookies and Similar TechnologiesWe use
cookies and use similar technologies as described in our Cookies and Similar
Technologies Policy. If you choose to disable cookies and similar technologies,
some areas and features of the Sites may not work properly.Device and Usage
InformationWhen you visit our Sites, we automatically collect information from
your browser and your device. This information includes the internet browser
that you use, the website or source that linked or referred you to the Platform,
your IP address or device ID (or other persistent identifier that uniquely
identifies your computer or mobile device on the Internet), the operating system
of your computer or mobile device, device screen size, and other similar
technical information. We also receive information about your interactions with
the Platform, including access dates and times, hardware and software
information, device event information, crash data, cookie data, aggregated scan
data or vulnerability data, and feature usage data.We process Device and Usage
Information to operate the Sites, to serve you the content and functionality you
request, to ensure the privacy and security of our Sites, to develop new
services, to enhance your experience and provide you with a more personal and
interactive experience, and for usage analytics purposes. The legal basis for
this processing is our legitimate interests in monitoring and improving our
Sites.

Other Processing Activities. We may also process personal information when
necessary for the following:

 * The establishment, exercise, or defense of legal claims, whether in court,
   administrative, or other proceedings. (The legal basis for this processing is
   our legitimate interest in the protection and assertion of our legal rights,
   your legal rights, and the legal rights of others.)
 * Obtaining or maintaining insurance coverage, managing risks, or obtaining
   professional advice (The legal basis for this processing is our legitimate
   interest in the proper protection of our business.)
 * Purposes that are consistent with, related to and/or ancillary to the
   purposes and uses described in this Policy for which your personal
   information was provided to us.

We may process your personal information in connection with any of the purposes
and uses described in this Policy on one or more of the following legal grounds:

 * Because it is necessary to perform the services you have requested or to
   comply with your instructions or other contractual obligations between you
   and us;
 * To comply with our legal obligations as well as to keep records of our
   compliance processes;
 * Because our legitimate interests, or those of a third-party recipient of your
   personal information, make the processing necessary, provided those interests
   are not overridden by your interests or fundamental rights and freedoms;
 * Because you have chosen to publish or display your personal information on a
   public area of the Sites, such as a comment area;
 * Because it is necessary to protect your vital interests;
 * Because it is necessary in the public interest; or
 * Because you have expressly given us your consent to process your personal
   information in a particular manner.

We do not use personal information for making any automated decisions affecting
or creating profiles other than as described herein.

Data Sources. In general, we receive information from you. However, we also
receive marketing leads from our lead generation partners. We also receive and
process transactional data from providers of payment services.

Location of Processing. We are headquartered in the United States, and personal
information is transferred to, stored in, and processed in the United States as
well as other countries in which we or our affiliates, partners, service
providers, or agents maintain facilities. By sending us personal information or
using the Sites, you agree and consent to the processing of your personal
information in locations such as the United States, which may not offer the
levels of protection required in other countries. We rely on recognized legal
bases to lawfully conduct cross-border/international transfers of personal
information, such as express consent, when transfer is necessary for us to
deliver services pursuant to an agreement, or when the transfer is subject to
safeguards that assure the protection of the personal information.

HOW DO WE SHARE YOUR PERSONAL INFORMATION?

We only disclose your personal information as described below:

CategoryDisclosure ContextsCorporate AffiliatesWe share personal information
with our corporate subsidiaries and affiliates and with their respective
officers, directors, employees, accountants, attorneys and agents.Acquisitions
and Similar TransactionsAs we continue to grow, we may purchase websites,
applications, subsidiaries, and other businesses or business units.
Alternatively, we may sell businesses or business units, merge with other
entities, reorganize, and/or sell assets or stock, in some cases as part of a
reorganization or liquidation in bankruptcy. As part of these transactions, we
may disclose personal information with a successor entity or a
purchaser.Disclosures with Your ConsentWe may ask if you would like us to share
your personal information with other unaffiliated third parties who are not
described elsewhere in this Policy. We will only disclose your personal
information in this context with your consent.Legal Obligations and RightsWe
disclose personal information in response to subpoenas, warrants, court orders
or other legal process, or to comply with relevant laws. We may also share
personal information in order to establish or exercise our legal rights, to
defend against a legal claim, and to investigate, prevent, or take action
regarding possible illegal activities, suspected fraud, safety of person or
property, or a violation of contract. We may also disclose personal information
as needed to protect vital interests.Service ProvidersWe share personal
information with our agents, contractors, and service providers. Among other
things, service providers help us to administer the Sites; support our provision
of products and services; send marketing communications; provide technical
support; and assist with other legitimate purposes permitted by law. As
examples, this includes hosting and content delivery network services, analytics
services, CRM providers, lead generation partners, marketing and social media
partners, customer support services, and functionality and debugging services.
We also use a third-party payment processor for all payments made to us. We do
not receive any credit card numbers, and all such information is provided
directly to our payment processor.Business PartnersWe share marketing leads with
our business partners who market and resell our products, and they share leads
with us.Professional AdvisorsWe share personal information with our insurers and
other professional advisors, including attorneys, accountants, consultants, and
auditors, that need access to your information to provide operational or other
support services on our behalf.Deidentified or Aggregated DataWe share
aggregated information and information that does not identify any specific
individual, such as groupings of demographic data and customer preferences, (i)
for compliance with reporting obligations; (ii) for business or marketing
purposes; and (iii) to assist us and others in understanding our users’
interests, habits, and usage patterns for certain programs, content, services,
marketing, and/or functionality.

HOW LONG DO WE PROCESS YOUR INFORMATION?

We retain and use your personal information for as long as is necessary to
fulfill the purposes for which it was collected, to comply with our business
requirements and legal obligations, to resolve disputes, to protect our assets,
to provide our services, and to enforce our agreements.

We take reasonable steps to delete the personal information we collect when (1)
we have a legal obligation to do so, (2) we no longer have a purpose for
retaining the information, and (3) if you ask us to delete your information,
unless we determine that doing so would violate our legal, regulatory, dispute
resolution, contractual, or similar obligations. We may also decide to delete
your personal information if we believe it is incomplete, inaccurate, or that
our continued storage of your personal information is contrary to our legal
obligations or business objectives.

To the extent permitted by law, we may retain and use anonymous, de-identified,
and aggregated information for performance reporting, benchmarking, and analytic
purposes and for product and service improvement. When we delete data, it will
be removed from our active servers and databases; but, it may remain in our
archives when it is not practical or possible to delete it.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We have put security measures in place to protect personal information from
being accidentally lost, used, altered, disclosed, or accessed in an
unauthorized manner and to detect fraudulent identify-verification activity,
including when transmitting personal information in response to data subject
requests. From time to time, we review our security procedures to consider
appropriate new technologies and methods.

However, no security system is perfect, and no data transmission is 100% secure.
As a result, while we strive to protect personal data, we cannot guarantee or
warrant the security of any information transmitted to or from the Sites or
services. Your use of the Sites is at your own risk. We cannot guarantee that
your data will remain secure in all circumstances.

If a data breach compromises your personal information, we will notify you and
any applicable regulator when we are required to do so by applicable law.

YOUR RIGHTS AND CHOICES

Please use the “Contact Us” details at the end of this Policy to exercise your
rights and choices under this Policy.

Email Preferences. If you no longer wish to receive communications from us via
email, you may opt-out by clicking the “unsubscribe” link at the bottom of our
emails or by contacting us via the “Contact Us” details at the end of this
Policy and providing your name and email address so that we may identify you in
the opt-out process. Once we receive your instruction, we will promptly take
corrective action. Please note that registered users cannot opt out of receiving
transactional e-mails related to their account.

Accuracy and Updating Your Personal Information. Our goal is to keep your
personal information accurate, current, and complete. If any of the personal
information you have provided to us changes, please let us know via the “Contact
Us” details at the end of this Policy. We are not responsible for any losses
arising from any inaccurate, inauthentic, deficient or incomplete personal data
that you provide to us.

Complaints. If you believe that your rights relating to your personal
information have been violated, you may lodge a complaint with us by contacting
us via the “Contact Us” details at the end of this Policy.

Individual Rights. You may have certain rights relating to your personal data
under local data protection laws, and we discuss the rights provided in various
jurisdictions below. We honor individuals’ rights where required under
applicable law, and, depending on the applicable laws, these rights may include
the right to:

 * Access your personal information;
 * Know more about how we process your personal information;
 * Rectify inaccurate personal information and, taking into account the purpose
   of processing the personal information, ensure it is complete;
 * Erase or delete your personal information;
 * Restrict our processing of your personal information;
 * Transfer your personal information to another controller, to the extent
   possible;
 * Object to certain processing of your personal information;
 * Opt-out of certain disclosures of your personal information to third parties;
 * If you’re under the age of 16, or such other applicable age of consent,
   opt-in to certain disclosures of your personal information to third parties;
 * Not be discriminated against for exercising your rights;
 * Not be subject to a decision based solely on automated processing, including
   profiling, which produces legal effects; and
 * Withdraw your consent at any time (to the extent we base processing on
   consent), without affecting the lawfulness of the processing based on such
   consent before its withdrawal.

All requests should be sent to the contact details noted in the “Contact Us”
section of this Policy. Your personal information may be processed in responding
to these rights. If you are exercising a right that is the responsibility of a
third party, including one of our customers, we will direct you to contact the
appropriate data controller who is responsible for responding to your request.

EU/EEA Residents

Right of Access. To the extent required by law, you have the right to receive
confirmation as to whether or not personal data concerning you are being
processed, and, where that is the case, access to the personal data and the
following information: the purposes of the processing; the categories of
personal data concerned; and the recipients or categories of recipient to whom
the personal data have been or will be disclosed. We will provide a copy of your
personal information in compliance with applicable law.

Right of Rectification. Our goal is to keep your personal information accurate,
current, and complete. Please contact us if you believe your information is not
accurate or if it changes.

Right to Erasure. In some cases, you have a legal right to request that we
delete your personal information when (1) it is no longer necessary for the
purposes for which it was collected, (2) consent has been withdrawn in certain
instances, (3) you have objected to the processing in certain instances, (4) the
personal information has been unlawfully processed, (5) the personal data have
to be erased for compliance with a legal obligation; and (6) the personal data
were collected in relation to the offer of information society services.
However, the right is not absolute. When we delete personal information, it will
be removed from our active servers and databases; but, it may remain in our
archives when it is not practical or possible to delete it. We may also retain
your personal information as needed to comply with our legal obligations,
resolve disputes, or enforce any agreements.

Right to Restrict Processing. You have the right to restrict the processing of
your data when (1) the accuracy of the personal data is contested, for a period
enabling the controller to verify the accuracy of the personal data; (2) the
processing is unlawful and you oppose erasure and request a restriction instead;
(3) we no longer need the personal data, but you need us to keep it for the
establishment, exercise, or defense of legal claims; or (4) you have objected to
us processing the personal information, pending resolution of the objection.

Right to Object. In certain circumstances, you have the right to object to the
processing of your personal information where the processing is necessary for
performance of a task carried out in the public interest, for our legitimate
interests, or for the legitimate interests of others. You also have the right to
object where personal data are processed for direct marketing purposes or for
scientific or historical research purposes or statistical purposes.

Right to Withdraw Consent. If you have provided your consent to the collection,
processing, and transfer of your personal information, you may have the right to
fully or partially withdraw your consent. Once we have received notice that you
have withdrawn your consent, in whole or in part, we will no longer process your
information for the purpose(s) to which you originally consented and have since
withdrawn unless there are compelling legitimate grounds for further processing
that override your interests, rights and freedoms or for the establishment,
exercise or defense of legal claims. Withdrawal of consent to receive marketing
communications will not affect the processing of personal information for the
provision of our services.

Right to Complain. If you believe we have not processed your personal
information in accordance with applicable law, we encourage you to contact us
at privacy@invicti.com. You may also have the right to make a complaint to an
applicable Supervisory Authority or seek a remedy through the courts. A list of
Supervisory Authorities for residents of the EU or EEA is available
at: https://edpb.europa.eu/about-edpb/board/members_en. If you need further
assistance regarding your rights, please contact us using the contact
information provided below, and we will consider your request in accordance with
applicable law.

Nevada Residents

Nevada residents may submit a verified request to us at privacy@invicti.com to
request that we not make any sale (as defined under Nevada law) of any covered
information (as defined under Nevada law) that we have collected or will collect
about you. Please provide your name and contact information in your request, and
we will respond to your request in accordance with Nevada law.

California Residents

Please see our California Privacy Rights page for more information about your
rights under California law.

THIRD-PARTY SITES AND SERVICES

This Policy does not apply to any third-party websites or applications. The
Sites may contain links to, and media or other content from, third parties.
These links are to external resources and third parties that have their own
privacy policies. Because of the dynamic media capabilities of the Sites, it may
not be clear which links are to external, third-party resources. If you click on
a third-party link, you will be redirected away from the Sites. You can check
the URL to confirm whether you have left the Sites.

We cannot and do not (1) guarantee the adequacy of the privacy or security
practices employed by or the content and media provided by any third parties or
their websites, (2) control third parties’ independent collection or use or your
information, or (3) endorse any third-party information, products, services or
websites that may be reached through embedded links on the Sites.

Any information provided by you or automatically collected from you by a third
party will be governed by that party’s privacy policy and terms of use.

CHILDREN

Our Sites, products, and services are not directed to children under the age of
18, nor is information knowingly collected from children under the age of 18. No
one under the age of 18 may access, browse, or use the Sites or provide any
information to us. If we learn that we have collected or received personal
information from a child under the age of 18 without a parent’s or legal
guardian’s consent, we will take steps to stop collecting that information and
delete it. If you believe we have any received information from a child under
the age of 18, please contact us using the “Contact Us” details provided below.

UPDATES AND CHANGES TO THIS POLICY

We may add to, change, update, or modify this Policy from time to time. We will
post all changes to this Policy on this page, and the updated policy will be
effective immediately upon posting.

If we make material changes, we will also notify you through a notice on the
homepage of the Sites for a reasonable period of time. We may also, in our
discretion, notify you of changes to this Policy via email.

You are expected to, and you acknowledge and agree that it is your
responsibility to, carefully review this Policy prior to using the Sites, and
from time to time, so that you are aware of its current terms. Your
continued use of the Sites after the “Last Updated” date will constitute your
acceptance of and agreement to any changes and to our collection and sharing of
your information according to the then-current Policy. If you do not agree with
this Policy and our practices, you should not use the Sites.

CONTACT US

If you have any questions or concerns, wish to exercise your rights, or want to
submit a complaint, please contact us using the information below, and we will
do our best to assist you.

In Writing:
Invicti Security
1000 N Lamar Blvd Suite 300
Austin, TX 78703, US

By Email: privacy@invicti.com

Telephone: 737-236-0302

 If you are a user in the EEA, you may also contact our representative in the
European Union:

Attn: Legal Counsel
2nd Floor, Mirabilis Bldg.
TRIQ I-Intornjatur Mriehel
Malta BKR 3000

Cc:  1000 N Lamar Blvd Suite 300
Austin, TX 78703, US

Last updated as of: April 19, 2022

Invicti Security Corp
1000 N Lamar Blvd Suite 300
Austin, TX 78703, US

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