Introduction
Qotilabs S.A.S. (Société par Actions Simplifiée – French Simplified Joint Stock Company) (“We”, “Us”, “Our”, “Its”, “Company”, or “Qotilabs”) is committed to protecting and respecting your privacy.
“You”, “Your”, “Yours” or “Yourself” refers to the end-user of Our Products (as defined below), the legal entity who is the licensee of Our Products, the visitor of the Websites (as defined below) or any user of Our Services (as defined below).
We want to tell You how We use and protect: (a) Your personal information (“Personal Information”), and (b) any of Your configuration data related to Your use of Qotilabs’ cloud software (“Your Data”, as further defined under Qotilabs’ End-User License Agreement (“EULA”)). We also want to inform You of Your rights regarding Your Personal Information that Qotilabs holds.
The present data security and privacy policy (collectively the “Privacy Policy”) covers:
- all of Qotilabs’ Downloadable Software and Cloud Software as both further defined under Qotilabs’ EULA (collectively the “Product(s)”);
- all information that Qotilabs, as vendor of the Products, receives from the Atlassian Marketplace; and
- Our public websites (“Website(s)”) owned, provided, operated and/or maintained by Qotilabs, Our newsletter subscription forms (“Newsletters”), Our support and maintenance services as defined under section 3 of Our EULA (“Maintenance Service”), Our user engagement activities (“Surveys”), it being understood that the Websites, Newsletters, Maintenance Service and Surveys shall be hereinafter referred to collectively as the “Services”.
This Privacy Policy sets out how We may use, process and store Your Personal Information. We may get that information from You or Our partners, through contracts or other legal arrangements You have with Us or Our partners on behalf of Us, in order to deliver contractual/legal obligations. In other cases, We will get that information from You with Your permission and consent, or We may receive Your personal information from third parties who You have given consent to pass this information on to Us.
As further detailed under Section 9 of the present Privacy Policy, please note that:
By using, downloading, or visiting any of the Company’s Products or Services, You are accepting and consenting to the practices outlined in this Privacy Policy.
1. Who is Qotilabs?
This is Qotilabs’ registered address, Company number and contact information:
Qotilabs S.A.S.
43 Chemin du Cabaret,
78620 L’Étang-la-Ville,
France
Versailles Trade and Companies Register number: 807 730 312 R.C.S. Versailles.
VAT Number: FR 95807730312
Email: contact@qotilabs.com
Website: http://qotilabs.com/
2. Collection and Usage of Information by Qotilabs
Generally speaking, We use the information We collect: (1) to personalize Your experience; (2) for communication and marketing purposes; (3) for research and development of features and products; (4) for safety and security purposes; (5) to protect Our and/or Your legal rights as well as Our legitimate business interests; (6) when You provide consent for a specific purpose; and (7) to provide You with the Cloud Software. How We use the information We collect also depends in part on which Product(s) and/or Services You use, how You use them, and any preferences You have communicated to Us. Below are the specific purposes for which We use the Personal Information We collect about you.
We may collect information from You because We have a legal reason (allowed by law or under contract) to collect the information, or because You have consented for Us to do so for a specific purpose.
2a. Information You Give Us
You may give Us information about You with Your consent, for example:
- By filling out any form (including in order for You to leave any comments on Our blog) or sending Us an email;
- As part of Your subscription to a Product license (on a free trial or paid basis);
- By signing up for one of Our Newsletters;
- By contacting Us via email to request to be provided with any of Our other Services;
- Applying for a job at Qotilabs.
This information may be personal, financial, educational, or related to Your employment history.
You may give Us information for legal reasons, such as to enter into a contract with Us (to identify Yourself as a contracting party) when You subscribe to a Product license (on a free trial or paid basis), when You request to be provided with any of Our Services, or when You are taking a job at Qotilabs.
2b. Information We Collect About You
If You visit Our Website, We may automatically collect information about you, for example:
- Technical information;
- IP addresses;
- Information about what type of device You use to connect to Our Website; and
- The manner in which You interact with Our Website.
Additionally, Our Websites use Google Analytics to collect statistics and to help Us understand how visitors use the Websites. This information is used according to Our website’s Terms of Use.
Any data or information that is entered into any form on Our Websites is only used for the indicated purposes or as described in the present Privacy Policy.
2c. Anonymized Usage Statistics to Improve Our Cloud Software
We collect statistical data regarding Cloud Software usage. These statistics are used to improve future versions of Our Cloud Software. Such collected usage statistics are systematically anonymized by Qotilabs and never contain any personally identifiable information.
2d. Newsletters
We use Rocket Science Group, LLC (doing business as “MailChimp”), a third-party email marketing platform, to collect emails, manage email subscriber lists and to send emails to Our subscribers in connection with Our Products and Services. When signing up for Our Newsletters, You provide Your email address and/or additional information with such Personal Information being sent by Us directly to MailChimp. By subscribing to a Product license on a free trial or paid basis, You agree that the email address You provide us with may be added by Us to Our MailChimp Newsletters’ emailing list. You can read MailChimp’s privacy policy here: https://mailchimp.com/legal/privacy/.
Should You wish to unsubscribe from receiving any marketing/promotional communications from Us, You may do so at any time by following the procedure as described under Section 12 (Unsubscribing) of the present Privacy Policy.
2e. Information made available to Qotilabs by Atlassian
If You subscribe to a Product license or if You renew any such Product license and/or related Maintenance Service on the Atlassian Marketplace, Atlassian makes available to Us, in accordance with the Atlassian Privacy Policy, transaction and Product license details (i.e. sale date, transaction id, license id, licensee name, number of authorized users, Product license type, number of licenses, duration of the Product license, maintenance start and end dates) as well as the name, phone number, mailing address and email address of the customers’ registered contact (i.e. Technical Contact) and, if applicable, the billing contact information (i.e. Billing Contact). Qotilabs uses this information for accounting, support verification purposes, and periodic Newsletters and updates pertaining to the Products and/or Services. At no point does Qotilabs receive, use or store Your credit card billing information.
2f. Information Sent While Using the Maintenance Service
Any information You provide to Us while using the Maintenance Service for Our Products will be used according to the terms and conditions specified under section 3 of Our EULA.
2g. Surveys
You may participate in one of Our Surveys. In such instances, We collect and store the information You provide within Our Google Forms’ account. Data related to surveys are stored in Google Forms. You can review Google’s security practices here: https://cloud.google.com/security/.
3. Why Does Qotilabs Collect Personal Information?
Qotilabs collects Personal Information for some or all of the following reasons:
- To provide support services to You after You have requested or purchased such services;
- To send You information and updates pertaining to Our Products and Services in accordance with Section 2 of the present Privacy Policy;
- To send You occasional Company news, updates, related products, promotions, special offers or service information pertaining to Our Products and Services in accordance with Section 2 of the present Privacy Policy;
- To provide information about Our Products and/or Services to You if You requested such information;
- To employ You or consider You for employment; or
- To provide Products or Services to You.
4. What Legal Basis Does Qotilabs Have For Processing Your Information?
Qotilabs may process Your information because:
- We have a contract with You;
- You have given Us permission to do so;
- We must provide Products or Services to You after You have purchased something from Us;
- We must provide services to You because You have requested such services; and/or
- It is necessary in order to comply with the law.
5. Who Might Qotilabs Share Your Information With?
We may share or transfer information We collect under this Privacy Policy in connection with any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. You will be notified via email and/or a prominent notice on the Services if a transaction takes place, as well as any choices You may have regarding Your information.
6. How We May Share/Transfer Your Personal Information to Third Parties
Qotilabs does not sell or rent Your Personal Information to any third party. We however may share information for legitimate reasons with third parties that help Us operate, provide, improve, integrate, customize, support and market Our Products or Services as outlined below.
Service Providers: We work with third-party service providers to provide application development, hosting, maintenance, Newsletters, support, logs, marketplace, backup, storage, virtual infrastructure, analysis and other services for Us, which may require them to access or use information about You. If a service provider needs to access information about You to perform services on Our behalf, they do so under close instruction from Us, including policies and procedures designed to protect Your information.
In exceptional circumstances, We may share Your Personal Information with a third party if We believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce Our agreements, policies and terms of service, (c) protect the security or integrity of Our Products and Services, (d) protect Atlassian, Our customers or the public from harm or illegal activities, or (e) respond to an emergency which We believe in good faith requires Us to disclose information to assist in preventing the death or serious bodily injury of any person.
We may transfer Your Personal Information to third parties in the following situations:
- When You have given Us consent to do so;
- In response to subpoenas, court orders, or legal process by disclosing Your Personal Information and other related information, if necessary or to establish or exercise Our legal rights or defend against legal claims; or
- 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 Our EULA and other terms of services, or as otherwise required by law.
7. International transfers of Personal Information We collect
We store and process Your Personal Information (i) in the E.U./European Economic Area (“EEA”), and (ii) outside the EEA. Indeed, We collect information globally and primarily store that information with Our third-party service providers. Some of those service providers have their data stored in the United States of America (USA). We may transfer, process and store Your Personal Information outside of Your country of residence, to wherever We, or Our third-party service providers, operate for the purpose of providing You the Products or Services. Whenever We transfer Your Personal Information, We take steps to protect it.
8. Access to Personal Information by Our Staff
Only Qotilabs’ authorized employees and subcontractors have access to Personal Information relevant to the activities and services such authorized staff members provide to Qotilabs. All subcontractors hired/used by Qotilabs shall be contractually bound by data security, privacy and non-disclosure standards at least as stringent as those required from Qotilabs’ employees.
9. Data Storage
9a. Data Stored In Our Downloadable Software
Our Downloadable Software stores all information in Your Atlassian Host Product where Our Downloadable Software is installed. All data is located on Your IT system (server or data center) that hosts Your Atlassian Host Product.
No information stored on the installation IT system is made available to Us when You install or use the Downloadable Software. The Downloadable Software does not transmit data from Your IT system or from the end-user’s web browser to Us or to any third-party.
9b. Data Stored In Our Cloud Software
‘Your Data’ (as defined above) is strictly limited to the configuration data related to Your use of Qotilabs’ Cloud Software. Qotilabs stores Your Data in Qotilabs’ cloud which is hosted on Amazon Web Services (“AWS”) in the United States of America. Your Data, which is stored on AWS, is also subject to AWS’ Privacy Notice.
Qotilabs does not duplicate any of Your information located on Your Atlassian Host Product. Qotilabs does not store on Its cloud any information normally located/stored on Your Atlassian Host Product (e.g. Jira issues, projects, or any Personal Information such as Your or Your users’ name or email).
Qotilabs may also store Cloud Software configuration data on the Atlassian Host Product on which the Cloud Software is installed. Any data stored on Your Atlassian Host Product is governed by the Atlassian Privacy Policy.
9c. Personal Information We Store About You
If Your Personal Information cannot be processed and stored within the EEA:
- We will comply with all other data protection principles;
- where possible, it will be transferred to a country that provides adequate protections for the rights and freedoms of data subjects;
- We will make sure We have assessed the adequacy of protections in all other cases.
10. What If You Chose Not To Give Us Your Personal Information?
If the Personal Information is necessary in order to supply products or services to You under a contract between You and Qotilabs, then We will not enter into that contract or provide the services or goods if You do not give Us Your personal information.
11. Your Rights
Qotilabs will respect Your legal rights to Your data. Below are the rights that You have under law, and what Qotilabs does to protect those rights:
| Legal right | What Qotilabs does to protect Your rights |
|---|---|
| The right to be informed | Qotilabs is publishing this Privacy Policy to keep You informed as to what We do with Your Personal Information. We strive to be transparent about how We use Your data. |
| The right to access | You have the right to access Your Personal Information. Please contact Qotilabs at contact@qotilabs.com if You wish to access the Personal Information Qotilabs holds about you. |
| The right to rectification | If the information Qotilabs holds about You is inaccurate or not complete, You have the right to ask Us to rectify it. If that data has been passed to a third party with Your consent or for legal reasons, then We must also ask them to rectify the data. Please contact Us at contact@qotilabs.com if You need Us to rectify Your information. |
| The right to erasure | This is sometimes called ‘the right to be forgotten’. If You want Qotilabs to erase all Your Personal Information and We do not have a legal reason to continue to process and hold it, please contact Us at contact@qotilabs.com. |
| The right to restrict processing | You have the right to ask Qotilabs to restrict how We process Your data. This means We are permitted to store the data but not further process it. We keep just enough data to make sure We respect Your request in the future. If You want Us to restrict processing of your data, please contact Us at contact@qotilabs.com. |
| The right to object | You have the right to object to Qotilabs processing Your data even if it is based on Our legitimate interests, the exercise of official authority, direct marketing (including data aggregation), and processing for the purpose of statistics. If You wish to object please contact Us at contact@qotilabs.com. |
| The right to withdraw consent | If You have given Us Your consent to process Your data but change Your mind later, You have the right to withdraw Your consent at any time, and Qotilabs must stop processing Your data. If You want to withdraw Your consent, please contact Us at contact@qotilabs.com. |
| The right to complain to a Supervisory Authority | You have the right to complain to the competent French Data Protection Authority if You feel that Qotilabs has not responded to your requests to solve a problem. |
12. Unsubscribing
When You subscribe to a Product license on a free trial or paid basis or when You subscribe to Our Newsletters, We may use Your name and email address to send (i) periodic promotional/marketing emails to You which may be related to Our Products, or (ii) all other necessary non-marketing communications including but not limited to (a) any response to Your comments, questions and requests, (b) customer support-related communications in connection with the licensed Product, (c) communications sent by Us to You in order to provide You with technical updates in connection with the Products, (d) any notification of security alerts, and (e) messages sent by Us to You for administrative purposes. As provided above, We use MailChimp to handle Our Newsletters and Product-related emails. Out of respect for Your privacy, We, of course, at all times enable You to unsubscribe from receiving marketing/promotional emails by following the unsubscribe instructions included in these marketing/promotional emails or You can contact Us at contact@qotilabs.com. After You opt out from receiving marketing related messages, You will continue to receive non-marketing communications from Us.
13. Data Security
13a. Personal Information Security
We protect Your Personal Information by implementing equivalent or stronger security standards and measures than those We implement to protect Our own Company data.
All data is stored on servers with restricted access and only Qotilabs’ authorized staff members shall have access to such data, to the extent required for the performance of their job duties. In addition, We will take reasonable precautions to prevent the loss, misuse or alteration of Your Personal Information. Data transmission over the Internet is inherently insecure and We cannot guarantee the security of data sent over the Internet.
You are responsible for keeping Your passwords confidential. We will not ask You for Your passwords.
Data generated in the Atlassian Marketplace is stored in Atlassian’s systems. Please see the Atlassian Security practices or the Atlassian Privacy Policy for further information.
13b. Your Data Security (only applicable to Cloud Software)
Qotilabs uses AWS to host Its Cloud Software. Qotilabs is responsible for monitoring and maintaining the AWS infrastructure which is required to support Qotilabs’ Cloud Software. Cloud Software data which is stored on Qotilabs’ AWS cloud is encrypted following industry standards. All communications with the Cloud Software are protected with HTTPS using TLS.
AWS manages the security of its Cloud infrastructure. AWS has been certified by third-party organizations, and manages many compliance programs to comply with laws and regulations (including GDPR). Only a few of Qotilabs’ trusted and authorized staff members have access to the Cloud Software production environment and Your Data for the sole purposes of maintaining Our Cloud Software and assisting Our customers. Additionally, Qotilabs monitors all access to the Cloud Software.
Qotilabs implements security procedures to help protect Your Data from security attacks. However, You understand that Your use of the Cloud Software necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by Us. We shall not be responsible for any loss, alteration, interception or storage of Your Data across such networks. We cannot guarantee that Our security procedures will be error-free, that transmissions of Your Data will always be secure or that unauthorized third parties will never be able to defeat Our security measures or those of Our third party service providers.
We store access logs in the standard formats which include IP addresses. We use such information for security and operational purposes. We will keep this information for no longer than is necessary for the purposes for which it is stored.
14. Cookies
14a. What Are Cookies?
We use HTTP “cookies” to collect information about how You navigate through Our Website. Cookies are text files placed on Your computer, to help the Website analyze how users use the site. We use this information to improve Our Website usability and the cookies are anonymous, i.e. they are not linked with the data that You enter into forms on the Website.
We use Google Analytics to collect detailed statistics and help Us understand how You use Our Website(s). Google Analytics uses cookies and other means to transfer some information about how you’re using Our websites to Google servers. Details are available in Google Analytics Terms of Service.
You may refuse the use of cookies by selecting the appropriate settings on Your browser, however please note that if You do this You may not be able to use the full functionality of the Website.
14b. Enabling and Disabling Cookies
View Your browser’s help pages or information on how to manage cookies at www.allaboutcookies.org.
15. Links to Other Websites
From time to time, the Website(s) may contain links to and from other websites, advertisers, and affiliates. If You follow a link to any of these websites, please note that these websites may have their own respective privacy policy and that We do not accept any responsibility or liability for any such privacy policies. Please check these third party website’s privacy policies, where available, before You submit any personal data to these websites.
16. Changes to Our Privacy Policy
From time to time, We may update this Privacy Policy to clarify Our practices or to reflect new or different privacy practices, such as when We add new features to the Service. Qotilabs reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this Privacy Policy periodically, and especially before You provide any Personal Information. This Privacy Policy was last updated on the date indicated below. Your continued use of the Products and/or Services after any changes or revisions to this Privacy Policy shall indicate Your agreement with the terms of such revised Privacy Policy.
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