Updated as of: May 23, 2018
Perforce Software, Inc. a Delaware corporation, on its own behalf, and on behalf of each its subsidiaries (collectively, “Perforce,” “we,” “us,” or “our”) is committed to protecting and respecting your privacy.
For the purposes of applicable data protection legislation (including Regulation (EU) 2016/679 (the “GDPR”) Perforce is a data controller in respect of the personal information that we collect or obtain about you.
2. Information we collect and how we collect it
Personal information (or “personal data”) is any information that can identify you, whether directly or indirectly. We process different types of personal information (for example, your name, company name, email address, home and/or work address, and/or telephone number).
Most personal information that we process is collected from you directly such as:
- your name and contact information when you subscribe to our mailing lists and company newsletter;
- information you provide when interacting with our Public Depot, KnowledgeBase, user lists, and weblog or when reporting a problem with the Website
- details of any service requests such as customer support, technical support, interactive demos, training, and consulting;
- communications with you;
- information submitted in any testimonial, comment, or other feedback message on a blog or other public-forum hosted on the Website; and
- the Internet Protocol (or “IP”) address of the device you are using to connect to the Internet and view the Website.
While you are under no obligation to provide such information, we cannot guarantee that we can provide you with our services if you do not provide certain information. For example, we may be unable to provide customer support in the event that relevant information related to the use of our products or services is withheld.
We may collect personal information about you indirectly, for example through third party public sources such as LinkedIn or the website of your company or the company that you work for. Also note that personal information that you provide on our Website may be combined with information collected off-line or from third parties.
We collect data that cannot be used to specifically identify you individually, but that builds up a picture of who is visiting our site. Examples of this include details of your visits to our Website, such as traffic data, location data, IP address, resources that you access, and other communication data.
We may remove personal information from certain communications with you relating to customer support, and/or information drawn from such communications, for statistical and/or reference and training purposes.
3. Why we process your personal information
We will only use your personal information for the purposes for which we collected it. These purposes include:
- Fulfilling orders and requests for products, services, or information;
- Entering into our End User Agreement with you (whether with you individually or on behalf of the company that you work for) and performing our obligations under it;
- Identifying you on our Website in order to customize your experience;
- Ensuring content from our Website is presented in the most effective manner;
- Providing you with promotional materials and advertising our products and services;
- Conducting research and analysis;
- Resolving disputes and troubleshooting problems;
- Preventing potentially fraudulent, prohibited or illegal activities;
- Allowing you to participate in interactive features of our service when you choose to do so;
- Notifying you about changes to our services; and
- Performing our obligations as may be required by law.
If we need to use your personal information for any other purpose, we will notify you and explain the legal basis that allows us to do so.
We process your personal information on the basis that it is necessary:
- for the performance of any contract that we enter with you or to take steps at your request prior to entering into a contract;
- for the purposes of our legitimate interests in ensuring that we provide you with the best service possible in all our interactions with you, which includes providing you with information about products or services that are in line with your interests; and
- for compliance with any legal obligation to which we are subject, for example, if a regulator requires us to disclose information to them.
We will obtain your consent to send you direct marketing emails where we are required to do so. Note that you can withdraw your consent at any time by clicking on the unsubscribe link contained in each email, or by writing to [email protected]. This will not affect the lawfulness of any processing carried out based on your consent before you withdrew it.
4. Sharing your personal information with third parties
We do not sell, rent, or lease our customer lists to third parties. We occasionally hire other third parties to provide services on our behalf, such as partners and distributors of our products. We require such third parties to maintain the confidentiality of any personal information processed by them and they are prohibited from using it for any purpose other than to deliver the services.
Some of our products and services are co-branded and offered in conjunction with products developed by other third party companies. This may occur, for example, where software that we develop is sold by a third party in a package with their own software that complements ours. We may share with those third parties such personal information collected in conjunction with the co-branded products and services.
In addition, we may share your personal information with:
- Our parent company, Perforce Intermediate Holdings, LLC, and the affiliates and subsidiaries it controls, in order to support our provision of services to you.
- Companies that Perforce plans to merge with or be acquired by, or, in the event of any bankruptcy, a bankruptcy estate. Should such a combination occur, we will require that the new combined entity, or the acquiring entity, follow this Policy with respect to your personal information. If your personal information is intended to be used contrary to this Policy, you will receive prior notice and the opportunity to communicate preferences you may have, if applicable.
- Law enforcement, government officials, or other third parties (i) if Perforce is compelled to do so by law, such as under a subpoena or court order, (ii) when it is necessary to do so to comply with applicable laws, (iii) where the disclosure of personal information is reasonably necessary to prevent physical harm or financial loss, (iv) to report suspected illegal activity, (v) to investigate violations of the Perforce End User License Agreement, or (vi) as otherwise required by law.
6. Retention and deletion of personal information
We will only retain data for as long as is necessary and in accordance with our data retention procedures. We will retain your personal information if you are a customer for as long as is needed to manage any account held with us and for a maximum of six (6) years thereafter.
We will retain your personal information if you are a prospective customer (for example, if you have inquired about our products and services) or have joined our marketing list for a maximum of three (3) years from our first communication with you unless you request otherwise (as described under “Your privacy rights” below).
7. Where we store your personal information
We are based in the United States but also have servers located in Australia, the United Kingdom and Belgium. The data we collect from you, regardless of where you are located may therefore be transferred to, and stored at, locations both inside and outside the European Economic Area (“EEA”).
We take appropriate steps to ensure that the personal information we collect under this Policy is processed according to the provisions of this Policy and the requirements of applicable law no matter where the data is stored. When we transfer your personal data outside the EEA we will take all steps reasonably necessary to ensure that any such transfer is made securely and that there is adequate protection in place in order to protect your personal data.
9. Protecting children's privacy
We are committed to protecting children's privacy on the internet. We do not knowingly collect personal information from children without appropriate parental or guardian consent. If you believe that we may have collected personal information of a child (based on the applicable age of a 'child' in your country), please contact us via the "Contact us and how we communicate with you" section and we will we will take appropriate measures to investigate and address the issue promptly.
11. Compliance with this Policy and regulatory frameworks
We regularly review our compliance with our Policy. If we receive a formal written complaint, we will contact the person who made the complaint to follow up and investigate the matter. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal information that we cannot resolve with our users directly.
If you are dissatisfied with our adherence to any aspect of this Policy, or any of our data processing obligations, you may make a complaint to a data protection supervisory authority.
If we hold your personal information, you may at any time:
- Request access to review the information that we hold about you;
- Request that we correct any errors, outdated information, or omissions in the personal information that we hold about you;
- Request that you are no longer sent marketing or promotional e-mails, post, phone, or mobile marketing communications;
- Object to the processing of your personal information in certain circumstances;
- Request your personal information to be moved, copied, or transferred to another data controller; and
- Request that we delete your personal information but only in specific circumstances, for example, where the personal information is no longer necessary in relation to the purpose for which it was originally collected.
To exercise any of these rights, let us know by one of these methods:
- Follow the directions in a marketing e-mail, direct mail, or mobile communication that you receive from us; or
- Provide your request and current contact information so that we can get back to you through one of the contact methods listed under "Contact us and how we communicate with you" below.
- For your protection, we may need to verify your identity before implementing any request made to exercise your rights detailed above; and
- In some cases, we may not be able to entirely remove your content or personal information, in which case we will let you know if we are unable to do so and why. For example, we may need to retain certain information for record-keeping purposes and/or to complete any transactions that you began prior to requesting such deletion.
13. Your California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code (the California "Shine the Light" requirements), residents of California have the right to request from us, with whom the California resident has an established business relationship, certain information with respect to the types of personal information we share with third parties for direct marketing purposes by such third party and the identities of the third parties with whom we have shared such information during the immediately preceding calendar year. If you are a California resident, email requests to [email protected] with "California Privacy Information Request" in the subject line and in the body of your message. Please also specify in your request the Perforce company to which your request pertains, otherwise we will treat your request as pertaining to Perforce. Please be aware that not all information sharing is covered by the California "Shine the Light" requirements and only information on covered sharing will be included in our response.
If you have questions regarding our privacy practices, or this Policy, please contact us at [email protected], call us at +1 510-864-7400, or write us at:
Perforce Software, Inc.
400 North First Avenue, Suite 200
Minneapolis, Minnesota 55401
How we will communicate with you
If you have a business account with Perforce, we will communicate with you through the business account contact details. For all others, if you provide us with contact information, we will reach out to you through those provided details.
We may edit or amend this Policy from time to time in which case we shall publish the amended version on our Website. We will inform you should we process your personal information for a purpose other than the purpose for which it was obtained.
17. Acceptance of this Policy
You should read this Policy carefully to ensure that you are happy with its contents. If you do not agree with this Policy, you should refrain from using our Website and our products. Continued use of our Website and products after having been informed of this Policy (or any changes as described in the “Changes to this Policy”) implies acceptance of the information contained in this Policy.
Job Applicant Privacy Notice
Updated as of: July 19, 2018
As part of any recruitment process, Perforce Software (Perforce) collects and processes personal data relating to job applicants. We are committed to being transparent about how we collect and use that data and to meeting our data protection obligations.
What information does Perforce collect?
Perforce collects a range of information about you. This includes:
your name, address and contact details, including email address and telephone number;
- details of your qualifications, skills, experience and employment history;
- information about your current level of compensation/remuneration, including benefit entitlements;
- whether or not you have a disability for which we need to make reasonable adjustments and/or accommodations during the recruitment process; and
- information about your entitlement to work in the country for which you have applied for employment.
We may collect this information in a variety of ways. For example, data might be contained in application forms, resumes or CVs, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment.
Perforce may also collect personal data about you from third parties, such as references supplied by former employers. We will seek information from third parties only once a job offer to you has been made and will inform you that we are doing so. Data will be stored in a range of different places, including our Applicant Tracking System (ATS) on IT systems (including email), and in hard copy.
Why does Perforce process personal data?
Perforce needs to process data to take steps at your request prior to entering into employment and/or a contract of employment with you. In some cases, we need to process data to ensure that we are complying with our legal obligations. For example, it is required to check a successful applicant's eligibility to work in the UK before employment starts.
Perforce has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate's suitability for employment and decide whom to offer a job. We may also need to process data from job applicants to respond to and defend against legal claims.
Perforce may process special categories of data, such as information about ethnic origin, sexual orientation or religion or belief, to monitor recruitment statistics. We may also collect information about whether or not applicants are disabled to make reasonable adjustments and/or accommodations for candidates who have a disability.
Perforce processes such information to carry out its obligations and exercise specific rights in relation to employment. We will not use your data for any purpose other than the recruitment exercise for which you have applied.
Who has access to data?
Your information may be shared internally for the purposes of the recruitment exercise. This includes the Hiring Manager, the HR Manager and with any members of staff involved in the recruitment process.
We will not share your data with third parties, unless your application for employment is successful and we make you an offer of employment. We will then share your data with former employers to obtain references for you.
Perforce will not transfer your data outside the European Economic Area, however, the ATS in which your data is held is “cloud based” and may be accessed by those outside of the European Economic Area for purposes as described above. The ATS is password protected and is used by those within Perforce who have hiring authorization.
How does Perforce protect data?
Perforce takes the security of your data seriously. We have internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.
How long does Perforce keep data?
If your application for employment is unsuccessful, we will hold your data on file for twelve (12) months after the end of the relevant recruitment process.
If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your Employee file and retained during your employment. The periods for which your data will be held will be provided to you in a new privacy notice.
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request;
- require Perforce to change incorrect or incomplete data;
- require Perforce to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
- object to the processing of your data where Perforce is relying on its legitimate interests as the legal ground for processing.
If you would like to exercise any of these rights, please . If you believe that Perforce has not complied with your data protection rights, you can complain to the Information Commissioner.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to Perforce during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.