Licensing System Privacy Policy
Last updated May 11, 2020
Dynimize, Inc. ("us", "we", or "our") operates the Dynimize Licensing System
(hereinafter referred to as the "Licensing Service").
This page informs you of our policies regarding the collection, use and
disclosure of personal data when you use our Licensing Service and the choices
you have associated with that data.
We use your data to bill for the use of the software program Dynimize ("the
Application"). By using the Licensing Service, you agree to the collection and
use of information in accordance with this policy. Unless otherwise defined in
this Licensing System Privacy Policy, the terms used in this policy have the
same meanings as in our End User License Agreement, accessible from
www.dynimize.com/legal/dyni-eula
Definitions
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Licensing Service
Licensing Service is the Dynimize Licensing System operated by Dynimize,
Inc., which is used for bookkeeping and accounting purposes to bill for
using the Application, and to pay commission to Affiliates.
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Personal Data
Personal Data means data about a living individual who can be identified
from those data (or from those and other information either in our
possession or likely to come into our possession).
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Usage Data
Usage Data is data collected automatically either generated by the use of
the Licensing Service or from the Licensing Service infrastructure itself
(for example, issuing a request to start a license using the Application).
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Data Controller
Data Controller means the natural or legal person who (either alone or
jointly or in common with other persons) determines the purposes for which
and the manner in which any personal information are, or are to be,
processed.
For the purpose of this Licensing System Privacy Policy, we are a Data
Controller of your Personal Data.
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Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who
processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process
your data more effectively.
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Data Subject (or User)
Data Subject is any living individual who is using our Licensing Service and
is the subject of Personal Data.
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Affiliate
An individual or entity that may earn commission from Dynimize after the
User invokes the Application with the -promo= option to provide a promotional code
("Promo Code").
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Host
A container where the Application is used, unless the
Application is used outside of a container in which case a Host means the
virtual machine where the Application is used, unless the Application is used
outside of a virtual machine in which case a Host means the physical computer
where the Application is used.
Information Collection and Use
We collect several different types of information for various purposes to
provide and improve our Licensing Service to you.
Types of Data Collected
Personal Data
While using our Licensing Service, we may ask you to provide us with certain
personally identifiable information that can be used to contact or identify you
("Personal Data"). Personally identifiable information may include, but is not
limited to:
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Your Dynimize access token, which may include your account number
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The number of CPU cores on your Host
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An automatically generated number used to identify your Host
Usage Data
We may also collect information on how the Licensing Service is accessed and
used ("Usage Data"). This Usage Data may include the times licensing requests
were made by the Dynimize application on your Host.
Use of Data
Dynimize, Inc. uses the collected data for various purposes:
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To determine the amount to be charged for use of the Application
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To determine the amount of commission Dynimize may pay to an Affiliate
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To provide customer support
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To gather analysis or valuable information so that we can improve our
Licensing Service
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To detect, prevent and address technical issues
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To provide and maintain our Licensing Service
Legal Basis for Processing Personal Data under the General Data Protection
Regulation (GDPR)
If you are from the European Economic Area (EEA), Dynimize, Inc. legal basis for
collecting and using the personal information described in this Licensing System
Privacy Policy depends on the Personal Data we collect and the specific context
in which we collect it.
Dynimize, Inc. may process your Personal Data because:
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We need to perform a contract with you
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You have given us permission to do so
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The processing is in our legitimate interests and it is not overridden by
your rights
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For payment processing purposes
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For commission payment purposes
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To comply with the law
Retention of Data
Dynimize, Inc. will retain your Personal Data only for as long as is necessary
for the purposes set out in this Licensing System Privacy Policy. We will retain
and use your Personal Data to the extent necessary to comply with our legal
obligations (for example, if we are required to retain your data to comply with
applicable laws), resolve disputes and enforce our legal agreements and
policies.
Dynimize, Inc. will also retain Usage Data for internal analysis purposes. Usage
Data is generally retained for a shorter period of time, except when this data
is used to strengthen the security or to improve the functionality of our
Licensing Service, or we are legally obligated to retain this data for longer
periods.
Transfer of Data
Your information, including Personal Data and Usage Data, may be transferred to
- and maintained on - computers located outside of your state, province, country
or other governmental jurisdiction where the data protection laws may differ
from those of your jurisdiction.
Please note that we transfer the data, including Personal Data and Usage Data,
to Canada and the United States and process it there.
Your consent to this Licensing System Privacy Policy followed by your submission
of such information represents your agreement to that transfer.
Dynimize, Inc. will take all the steps reasonably necessary to ensure that your
data is treated securely and in accordance with this Licensing System Privacy
Policy and no transfer of your Personal Data will take place to an organisation
or a country unless there are adequate controls in place including the security
of your data and other personal information.
Disclosure of Data
Business Transaction
If Dynimize, Inc. is involved in a merger, acquisition or asset sale, your
Personal Data may be transferred. We will provide notice before your Personal
Data is transferred and becomes subject to a different Privacy Policy.
Disclosure for Law Enforcement
Under certain circumstances, Dynimize, Inc. may be required to disclose your
Personal Data if required to do so by law or in response to valid requests by
public authorities (e.g. a court or a government agency).
Legal Requirements
Dynimize, Inc. may disclose your Personal Data in the good faith belief that
such action is necessary to:
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To comply with a legal obligation
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To protect and defend the rights or property of Dynimize, Inc.
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To prevent or investigate possible wrongdoing in connection with the
Licensing Service
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To protect the personal safety of users of the Licensing Service or the
public
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To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of
transmission over the Internet or method of electronic storage is 100% secure.
While we strive to use commercially acceptable means to protect your Personal
Data, we cannot guarantee its absolute security.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain
data protection rights. Dynimize, Inc. aims to take reasonable steps to allow
you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if
you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
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The right to access, update or delete the information we have on you.
Whenever made possible, you can access, update or request deletion of your
Personal Data directly within your account settings section. If you are
unable to perform these actions yourself, please contact us to assist you.
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The right of rectification. You have the right to have your information
rectified if that information is inaccurate or incomplete.
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The right to object. You have the right to object to our processing of
your Personal Data.
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The right of restriction. You have the right to request that we restrict
the processing of your personal information.
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The right to data portability. You have the right to be provided with a
copy of the information we have on you in a structured, machine-readable
and commonly used format.
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The right to withdraw consent. You also have the right to withdraw your
consent at any time where Dynimize, Inc. relied on your consent to process
your personal information.
Please note that we may ask you to verify your identity before responding to
such requests.
You have the right to complain to a Data Protection Authority about our
collection and use of your Personal Data. For more information, please contact
your local data protection authority in the European Economic Area (EEA).
Affiliates
For accounting purposes, Affiliates may be provided with an anonymized, consolidated
list of Hosts that have used Dynimize with a Promo Code. This list may include the CPU core count
and Application usage time for each Host.
Service Providers
We may employ third party companies and individuals to facilitate our Licensing
Service ("Service Providers"), provide the Licensing Service on our behalf,
perform Licensing Service-related services or assist us in analysing how our
Licensing Service is used.
These third parties may have access to your Personal Data only to perform these
tasks on our behalf and are obligated not to disclose or use it for any other
purpose.
Payments
We provide paid products and/or services within the Licensing Service, and use
third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is
provided directly to our third-party payment processors whose use of your
personal information is governed by their Privacy Policy. These payment
processors adhere to the standards set by PCI-DSS as managed by the PCI
Security Standards Council, which is a joint effort of brands like Visa,
MasterCard, American Express and Discover. PCI-DSS requirements help ensure the
secure handling of payment information.
The payment processors we work with are:
Children's Privacy
Our Licensing Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone
under the age of 18. If you are a parent or guardian and you are aware that your
Child has provided us with Personal Data, please contact us. If we become aware
that we have collected Personal Data from children without verification of
parental consent, we take steps to remove that information from our servers.
Changes to This Licensing System Privacy Policy
We may update our Licensing System Privacy Policy from time to time. We will
notify you of any changes by posting the new Licensing System Privacy Policy on
this page.
We will let you know via email, prior to the change becoming effective and
update the "effective date" at the top of this Licensing System Privacy Policy.
You are advised to review this Licensing System Privacy Policy periodically for
any changes. Changes to this Licensing System Privacy Policy are effective when
they are posted on this page.
Contact Us
If you have any questions about this Licensing System Privacy Policy, please
contact us:
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By email: info@dynimize.com