Tercen Privacy
Last modified: 15-May-2020
Version: 1.0
This is the privacy notice of Tercen Data Analytics Ltd. In this document the words “we”, “our”, “us”, or “Tercen” all refer to Tercen Data Analytics Ltd.
We are company number 668615 registered in Ireland.
Our registered office is at:
Tercen Data Analytics Ltd. c/o David Breen & Company, Unit 3, Wallace House, Maritana Gate, Canada Street, Waterford, Ireland. X91CR9X
Introduction
This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR). The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at Know Your Privacy Rights Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
What information Tercen collects
“User Personal Information” is any information about one of our Users which could, alone or together with other information, personally identify them or otherwise be reasonably linked or connected with them. Information such as a username and password, an email address, a real name, an Internet protocol (IP) address, and a photograph are examples of “User Personal Information.”
User Personal Information does not include aggregated, non-personally identifying information that does not identify a User or cannot otherwise be reasonably linked or connected with them. We may use such aggregated, non-personally identifying information for research purposes and to operate, analyze, improve, and optimize our Website and Service.
Information users provide directly to Tercen
Registration Information
We require some basic information at the time of account creation. When you create your own username and password, we ask you for a valid email address.
Payment Information
If you sign on to a paid Account with us, we collect your full name, address, and credit card information. Please note, Tercen does not process or store your credit card information, but our third-party payment processor does.
Further information about how your privacy is protected by our payment partner can be found here. Stripe Privacy Policy
Profile Information
You may choose to give us more information for your Account profile, such as your full name, an avatar which may include a photograph, your biography, your location, your company, and a URL to a third-party website. This information may include User Personal Information. Please note that your profile information may be visible to other Users of our Service.
Information Tercen automatically collects from your use of the Service
Transactional Information
If you have a paid Account with us, we automatically collect certain information about your transactions on the Service, such as the date, time, and amount charged.
Usage Information
If you’re accessing our Service or Website, we automatically collect the same basic information that most services collect, subject, where necessary, to your consent. This includes information about how you use the Service, such as the pages you view, the referring site, your IP address and session information, and the date and time of each request. This is information we collect from every visitor to the Website, whether they have an Account or not. This information may include User Personal information.
Cookies and Similar Technologies Information
As further described below, and subject, where applicable, to your consent, we automatically collect information from cookies and similar technologies (such as cookie ID and settings) to keep you logged in, to remember your preferences, and to identify you and your device.
Device Information
We may collect certain information about your device, such as its IP address, browser or client application information, language preference, operating system and application version, device type and ID, and device model and manufacturer. This information may include User Personal information.
Information we collect from third parties
Tercen may collect User Personal Information from third parties. For example, this may happen if you sign up for training or to receive information about Tercen from one of our vendors, partners, or affiliates. Tercen does not purchase User Personal Information from third-party data brokers.
Other services you link to your account
We receive information about you when you link a third-party service with our Services. For example, if you create an account or log into the Services using your Google credentials, we receive your email address as permitted by your Google profile settings in order to authenticate you.
What information Tercen does not collect
We do not intentionally collect “Sensitive Personal Information”, such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. If you choose to store any Sensitive Personal Information on our servers, you are responsible for complying with any regulatory controls regarding that data.
If you are a child under the age of 13, you may not have an Account on Tercen. Tercen does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that you are a User who is under the age of 13, we will have to close your Account. We don’t want to discourage you from learning to code, but those are the rules. Please see our Terms of Service for information about Account termination. Different countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not have an Account on Tercen.
We do not intentionally collect User Personal Information that is stored in your Projects or other free-form content inputs. Any personal information within a user’s Project is the responsibility of the Project owner.
How Tercen uses your information
We may use your information for the following purposes:
We use your Registration Information to create your account, and to provide you the Service.
We use your Payment Information to provide you with the Paid Account service, the Marketplace service, or any other Tercen paid service you request.
We use your User Personal Information, specifically your username, to identify you on Tercen.
We use your Profile Information to fill out your Account profile and to share that profile with other users if you ask us to.
We use your email address to communicate with you, if you’ve said that’s okay, and only for the reasons you’ve said that’s okay.
We use User Personal Information to respond to support requests.
We use User Personal Information and other data to make recommendations for you, such as to suggest projects you may want to follow or contribute to. We learn from your public behavior on Tercen (such as the projects you star) to determine your coding interests, and we recommend similar projects. These recommendations are automated decisions, but they have no legal impact on your rights.
We may use User Personal Information to invite you to take part in surveys, beta programs, or other research projects, subject, where necessary, to your consent .
We use Usage Information and Device Information to better understand how our Users use Tercen and to improve our Website and Service.
We may use your User Personal Information if it is necessary for security purposes or to investigate possible fraud or attempts to harm Tercen or our Users.
We may use your User Personal Information to comply with our legal obligations, protect our intellectual property, and enforce our Terms of Service.
We limit our use of your User Personal Information to the purposes listed in this Privacy Statement. If we need to use your User Personal Information for other purposes, we will ask your permission first. You can always see what information we have, how we’re using it, and what permissions you have given us in your user profile.
Our legal bases for processing information
To the extent that our processing of your User Personal Information is subject to certain international laws (including, but not limited to, the European Union’s General Data Protection Regulation (GDPR)), Tercen is required to notify you about the legal basis on which we process User Personal Information. Tercen processes User Personal Information on the following legal bases:
Contract Performance:
When you create a Tercen Account, you provide your Registration Information. We require this information for you to enter into the Terms of Service agreement with us, and we process that information on the basis of performing that contract. We also process your username and email address on other legal bases, as described below.
If you have a paid Account with us, we collect and process additional Payment Information on the basis of performing that contract.
Consent:
- We rely on your consent to use your User Personal Information under the following circumstances: when you fill out the information in your user profile; when you decide to participate in a Tercen training, research project, beta program, or survey; and for marketing purposes, where applicable. All of this User Personal Information is entirely optional, and you have the ability to access, modify, and delete it at any time. While you are not able to delete your email address entirely, you can make it private. You may withdraw your consent at any time.
Legitimate Interest:
- Generally, the remainder of the processing of User Personal Information we perform is necessary for the purposes of our legitimate interest, for example, for legal compliance purposes, security purposes, or to maintain ongoing confidentiality, integrity, availability, and resilience of Tercen’s systems, Website, and Service.
If you would like to request deletion of data we process on the basis of consent or if you object to our processing of personal information, please email support@tercen.com.
How we share the information we collect
We may share your User Personal Information with third parties under one of the following circumstances:
With your consent
We share your User Personal Information, if you consent, after letting you know what information will be shared, with whom, and why.* For example, if you join an Organization, you indicate your willingness to provide the owner of the Organization with the ability to view your activity in the Organization’s access log.
With service providers
We share User Personal Information with a limited number of service providers who process it on our behalf to provide or improve our Service, and who have agreed to privacy restrictions similar to the ones in our Privacy Statement by signing data protection agreements or making similar commitments. Our service providers perform payment processing, customer support ticketing, network data transmission, security, and other similar services. While Tercen processes all User Personal Information in the European Union.
For security purposes
If you are a member of an Organization, Tercen may share your username, Usage Information, and Device Information associated with that Organization with an owner and/or administrator of the Organization who has agreed to the Corporate Terms of Service or applicable customer agreements, to the extent that such information is provided only to investigate or respond to a security incident that affects or compromises the security of that particular Organization.
For legal disclosure
Tercen strives for transparency in complying with legal process and legal obligations. Unless prevented from doing so by law or court order, or in rare, exigent circumstances, we make a reasonable effort to notify users of any legally compelled or required disclosure of their information. Tercen may disclose User Personal Information or other information we collect about you to law enforcement if required in response to a valid subpoena, court order, search warrant, a similar government order, or when we believe in good faith that disclosure is necessary to comply with our legal obligations, to protect our property or rights, or those of third parties or the public at large.
Change in control or sale
We may share User Personal Information if we are involved in a merger, sale, or acquisition of corporate entities or business units. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of User Personal Information, and we will notify you on our Website or by email before any transfer of your User Personal Information. The organization receiving any User Personal Information will have to honor any promises we made in our Privacy Statement or Terms of Service.
Aggregate, non-personally identifying information
We share certain aggregated, non-personally identifying information with others about how our users, collectively, use Tercen, or how our users respond to our other offerings, such as our conferences or events. For example, we may compile statistics on the open source activity across Tercen.
We do not sell your User Personal Information for monetary or other consideration.
Other important information
Project contents
Tercen employees do not access private Projects unless required to for security purposes, to assist the Project owner with a support matter, to maintain the integrity of the Service, or to comply with our legal obligations. However, while we do not generally search for content in your Projects, we may scan our servers and content to detect certain tokens or security signatures, known active malware, or child exploitation imagery. Our Terms of Service provides more details.
If your Project is public, anyone may view its contents. If you include private, confidential or Sensitive Personal Information, such as email addresses or passwords, in your public Project, that information may be indexed by search engines or used by third parties.
Please see more about User Personal Information in public Projects.
User Developed Code or Operators
All code developed by users is available publicly on Tercen. If you have developed code which gathers or transmits data during runtime then you alone are responsible for ensuring your code complies with European Legislation and the terms set out in the Tercen Privacy Policy. This specifically includes your responsibility to inform other users of the data gathered and seek their consent for their data to be collected.
Public information on Tercen
Many of Tercen’s services and features are public-facing. If your content is public-facing, third parties may access and use it in compliance with our Terms of Service, such as by viewing your profile or Projects or pulling data via our API. We do not sell that content; it is yours. However, we do allow third parties, such as research organizations or archives, to compile public-facing Tercen information. Other third parties, such as data brokers, have been known to scrape sites such as Tercen and compile data as well.
Your User Personal Information associated with your content could be gathered by third parties in these compilations of Tercen data. If you do not want your User Personal Information to appear in third parties’ compilations of Tercen data, please do not make your User Personal Information publicly available and be sure to configure your email address to be private in your user profile and in your commit settings. We currently set Users’ email address to private by default, but legacy Tercen Users may need to update their settings.
If you would like to compile Tercen data, you must comply with our Terms of Service regarding scraping and privacy, and you may only use any public-facing User Personal Information you gather for the purpose for which our user authorized it. For example, where a Tercen user has made an email address public-facing for the purpose of identification and attribution, do not use that email address for commercial advertising. We expect you to reasonably secure any User Personal Information you have gathered from Tercen, and to respond promptly to complaints, removal requests, and “do not contact” requests from Tercen or Tercen users.
Similarly, projects on Tercen may include publicly available User Personal Information collected as part of the collaborative process. If you have a complaint about any User Personal Information on Tercen, please contact support@tercen.com
We do not pre-screen your content, but we have the right to refuse, alter, or remove any User-Generated Content that, in our sole discretion, violates our terms or policies.
You have legal responsibility for the data you make public on Tercen. By using our services, you are declaring that you have the right to post your data and have taken the necessary steps to comply with relevant legislation regarding confidentiality of any Personal information contained in your data.
Organizations
You may indicate, through your actions on Tercen, that you are willing to share your User Personal Information. If you collaborate on or become a member of an Organization, then its Account owners may receive your User Personal Information. When you accept an invitation to an Organization, you will be notified of the types of information owners may be able to see (for more information, see About Organization Membership). If you accept an invitation to an Organization with a verified domain, then the owners of that Organization will be able to see your full email address(es) within that Organization’s verified domain(s).
Please note, Tercen may share your username, Usage Information, and Device Information with the owner of the Organization you are a member of, to the extent that your User Personal Information is provided only to investigate or respond to a security incident that affects or compromises the security of that particular Organization.
If you collaborate on or become a member of an Account that has agreed to the Corporate Terms of Service and a Data Protection Addendum (DPA) to this Privacy Statement, then that DPA governs in the event of any conflicts between this Privacy Statement and the DPA with respect to your activity in the Account.
Please contact the Account owners for more information about how they might process your User Personal Information in their Organization and the ways for you to access, update, alter, or delete the User Personal Information stored in the Account.
Additional services
Tercen Pages
If you create a Tercen Pages website, it is your responsibility to post a privacy statement that accurately describes how you collect, use, and share personal information and other visitor information, and how you comply with applicable data privacy laws, rules, and regulations. Please note that Tercen may collect User Personal Information from visitors to your Tercen Pages website, including logs of visitor IP addresses, to comply with legal obligations, and to maintain the security and integrity of the Website and the Service.
How you can access and control the information we collect
If you’re already a Tercen user, you may access, update, alter, or delete your basic user profile information by editing your user profile or contacting Tercen Support or Tercen Premium Support. You can control the information we collect about you by limiting what information is in your profile, by keeping your information current, or by contacting support@tercen.com
If Tercen processes information about you, such as information Tercen receives from third parties, and you do not have an account, then you may, subject to applicable law, access, update, alter, delete, or object to the processing of your personal information by contacting support@tercen.com
Data portability
As a Tercen User, you can always take your data with you. You can clone your Projects to your desktop, for example.
Data retention and deletion of data
Generally, Tercen retains User Personal Information for as long as your account is active or as needed to provide you services.
If you would like to cancel your account or delete your User Personal Information, you may do so in your user profile. We retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile (within reason) within 90 days of your request. You may contact support@tercen.com to request the erasure of the data we process on the basis of consent within 30 days.
After an account has been deleted, certain data, such as contributions to other Users’ Projects and comments in others’ issues, will remain. However, we will delete or de-identify your User Personal Information, including your username and email address, from the author field of issues, pull requests, and comments by associating them with a ghost user.
That said, the email address you have supplied via your Project commit settings will always be associated with your commits in the Project system. If you choose to make your email address private, you should also update your Project commit settings. We are unable to change or delete data in the Project commit history — the Project software is designed to maintain a record — but we do enable you to control what information you put in that record.
Our use of cookies, tracking and analytics
Cookies
Tercen uses cookies to make interactions with our service easy and meaningful. Cookies are small text files that websites often store on computer hard drives or mobile devices of visitors. We use cookies (and similar technologies, like HTML5 localStorage) to keep you logged in, remember your preferences, and provide information for future development of Tercen. For security purposes, we use cookies to identify a device. By using our Website, you agree that we can place these types of cookies on your computer or device. If you disable your browser or device’s ability to accept these cookies, you will not be able to log in or use Tercen’s services.
We provide a web page on cookies and tracking that describes the cookies we set, the needs we have for those cookies, and the types of cookies they are (temporary or permanent). It also lists our third-party analytics providers and other service providers, and details exactly which parts of our Website we permit them to track.
Tracking and analytics
We use a number of third-party analytics and service providers to help us evaluate our Users’ use of Tercen, compile statistical reports on activity, and improve our content and Website performance. We only use these third-party analytics providers on certain areas of our Website, and all of them have signed data protection agreements with us that limit the type of User Personal Information they can collect and the purpose for which they can process the information. In addition, we use our own internal analytics software to provide features and improve our content and performance.
Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Tercen responds to browser DNT signals and follows the W3C standard for responding to DNT signals. If you have not enabled DNT on a browser that supports it, cookies on some parts of our Website will track your online browsing activity on other online services over time, though we do not permit third parties other than our analytics and service providers to track Tercen Users’ activity over time on Tercen.
How Tercen secures your information
Tercen takes all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information.
Tercen enforces a written security information program. Our program:
aligns with industry recognized frameworks;
includes security safeguards reasonably designed to protect the confidentiality, integrity, availability, and resilience of our Users’ data;
is appropriate to the nature, size, and complexity of Tercen’s business operations;
includes incident response and data breach notification processes;
complies with applicable information security-related laws and regulations in the geographic regions where Tercen does business.
In the event of a data breach that affects your User Personal Information, we will act promptly to mitigate the impact of a breach and notify any affected Users without undue delay.
Transmission of data on Tercen is encrypted using SSH, HTTPS (TLS), and Project content is encrypted at rest. No method of transmission, or method of electronic storage, is 100% secure but Tercen uses industry leading Cloud Service providers with multiple security and risk mitigation strategies to protect your data..
Tercen’s global privacy practices
We store and process the information that we collect in the European Union in accordance with this Privacy Statement though our service providers may store and process data outside the EU. However, we understand that we have Users from different countries and regions with different privacy expectations, and we try to meet those needs even when the European Union does not have the same privacy framework as other countries.
We provide a high standard of privacy protection—as described in this Privacy Statement—to all our users around the world, regardless of their country of origin or location, and we are proud of the levels of notice, choice, accountability, security, data integrity, access, and recourse we provide. We work hard to comply with the applicable data privacy laws wherever we do business, working with our Data Protection Officer as part of a cross-functional team that oversees our privacy compliance efforts. Additionally, if our vendors or affiliates have access to User Personal Information, they must sign agreements that require them to comply with our privacy policies and with applicable data privacy laws.
In particular:
Tercen provides clear methods of unambiguous, informed, specific, and freely given consent at the time of data collection, when we collect your User Personal Information using consent as a basis.
We collect only the minimum amount of User Personal Information necessary for our purposes, unless you choose to provide more. We encourage you to only give us the amount of data you are comfortable sharing.
We offer you simple methods of accessing, altering, or deleting the User Personal Information we have collected, where legally permitted.
We provide our Users notice, choice, accountability, security, and access regarding their User Personal Information, and we limit the purpose for processing it. We also provide our Users a method of recourse and enforcement. These are the Privacy Shield Principles, but they are also just good practices.
How we communicate with you
We use your email address to communicate with you, if you’ve said that’s okay, and only for the reasons you’ve said that’s okay. For example, if you contact our Support team with a request, we respond to you via email. You have a lot of control over how your email address is used and shared on and through Tercen. You may manage your communication preferences in your user profile.
By design, the Project version control system associates many actions with a User’s email address, such as commit messages. We are not able to change many aspects of the Project system. This will not change how we contact you, but it will affect how others see you. We set current Users’ email address private by default*
Depending on your email settings, Tercen may occasionally send notification emails about changes in a Project you’re watching, new features, requests for feedback, important policy changes, or to offer customer support. We also send marketing emails, based on your choices and in accordance with applicable laws and regulations. There’s an “unsubscribe” link located at the bottom of each of the marketing emails we send you. Please note that you cannot opt out of receiving important communications from us, such as emails from our Support team or system emails, but you can configure your notifications settings in your profile to opt out of other communications.
Our emails may contain a pixel tag, which is a small, clear image that can tell us whether or not you have opened an email and what your IP address is. We use this pixel tag to make our email more effective for you and to make sure we’re not sending you unwanted email.
Resolving complaints
If you have concerns about the way Tercen is handling your User Personal Information, please let us know immediately. We want to help. You may *email us directly at support@tercen.com with the subject line “Privacy Concerns.” We will respond promptly — within 45 days at the latest.
You may also contact our Data Protection Officer directly at the following address.
Data Protection Officer Tercen Data Analytics Ltd. c/o David Breen & Company Unit 3, Wallace House Maritana Gate Canada Street Waterford Ireland
support@tercen.com
Dispute resolution process
In the unlikely event that a dispute arises between you and Tercen regarding our handling of your User Personal Information, we will do our best to resolve it. If we cannot, we have selected to cooperate with the relevant EU Data Protection Authority, or a panel established by the European data protection authorities, for resolving disputes with EU individuals, and with the Swiss Federal Data Protection and Information Commissioner (FDPIC) for resolving disputes with Swiss individuals. Please contact us if you’d like us to direct you to your data protection authority contacts.
Additionally, if you are a resident of an EU member state, you have the right to file a complaint with your local supervisory authority.
Changes to our Privacy Statement
Although most changes are likely to be minor, Tercen may change our Privacy Statement from time to time. We will provide notification to Users of material changes to this Privacy Statement through our Website at least 30 days prior to the change taking effect by posting a notice on our home page or sending email to the primary email address specified in your Tercen account. We will also update our Site Policy Project, which tracks all changes to this policy. For changes to this Privacy Statement that are not material changes or that do not affect your rights, we encourage Users to check our Site Policy Project frequently.
License
This Privacy Statement is licensed under this Creative Commons Zero license.
Contacting Tercen
Questions regarding Tercen’s Privacy Statement or information practices should be directed to support@tercen.com