Dynamo Software Privacy Policy

Dynamo Software Privacy Policy

Effective Date: 10/26/2021

Dynamo takes your privacy seriously. This privacy policy (“Policy”) explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights.

1. Definitions

When we say “we”, “our, “us” or the “Company”, we’re referring to Dynamo Software, Inc., a Delaware corporation, its subsidiaries (including Q-Biz Solutions, LLC, Digiterre Communica Ltd, Preqin Solutions Ltd, Imagineer Technology Group LLC), and the other affiliated companies that are part of the Dynamo Software group. The Dynamo Software group of companies operates on a worldwide basis through its principal operations in the United States, as well as through its offices in Europe, the United Kingdom, Singapore, and Hong Kong.

When we say “Sites” we’re referring to our corporate websites, http://www.dynamosoftware.com, http://www.q-bizsolutions.com , and www.imagineertechnology.com

This policy applies across all of our product and service offerings, including the Dynamo™ online and mobile applications (“Dynamo”), PEView™, Communica™, Clienteer™, WebVision™, data capture services, HoldingsInsight™, and our fund administration services, collectively referred to as the “Services”.

When we say “you” we’re referring to: (i) an individual that is visiting our Sites or the entity such individual represents; (ii) a user/visitor of the Services or the entity such a user/visitor of the Services represents that has authorized access to Dynamo or other Services as per a legal agreement with the Company (“Customer”); (iii) an individual who registers to attend a corporate event organized by the Company (via our Sites or a third-party service); (iv) any other individual or the entity such individual represents that provides Personal Data to us.

In the course of making available the Sites, or offering the Services, we may collect or obtain “Personal Data” about you. When we use the term “Personal Data”, we mean any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.  It is a broad definition, and it includes pieces of information like your first and last name, the organization you represent, your position, and your business contact information such as your business address, email, and telephone number.

Personal Data is sometimes referred to as Personal Information, depending on the applicable law.

2. The Controller and Customer Data

This Privacy Policy is effective with respect to any data that we collect or process on our own behalf.  To the extent we process personal data as a service provider or processor, the privacy policy of the applicable controller will apply. Dynamo Customers use Dynamo to host data and information of their clients (“Customer Data”). We serve as a processor with respect to such Customer Data, while our Customer is generally the controller. We will not review, share, distribute, or reference any such Customer Data except as authorized by our Customer for purposes of providing our Services, or as may be required by law. Individual records of Customer Data may be viewed or accessed under permission by the Customer only for the purpose of resolving a problem, support issues, or a suspected violation of our contract with our Customer, or as may otherwise be required by law.

We do operate as a controller with respect to Personal Data that we collect from our Customers and others in connection with offering or providing our Services, such as when we collect the name and business contact information of someone enquiring about our Services on behalf of a business. The Dynamo group company which was originally responsible for collecting information about you will be principally responsible for your Personal Data. For example, if you represent a U.S.-based Customer of Dynamo Software, Inc. that Dynamo company is the controller of your Personal Data collected in connection with that Customer relationship. Similarly, if you represent a Customer of Dynamo Software UK. Limited, Dynamo Software Bulgaria EOOD, or Dynamo Software Pte. Ltd. (Singapore), that Dynamo company is the controller of your Personal Data collected in connection with that Customer relationship.

3. How We Collect and Use Personal Data

The Personal Data we collect about you helps us manage our relationship with you, allowing us to respond to your queries, improve Site performance and user experience, and provide our Services. The Personal Data we collect about you will vary based on the Services you use. We also collect information when you apply to be a member of our team or when you visit one of our facilities.

The Personal Data we collect, the basis of processing, and the purposes of processing are detailed below.  Sometimes, these activities are carried out by third parties (see the “How We Share Personal Data” section below).

For EU or UK data subjects, we have a lawful basis for each of our processing activities covered by the GDPR.

From whom do we collect this data Personal Data Basis and Purpose of processing
Representatives of prospective Customers We will collect your name, email address, phone number, company name, industry, other relevant business contact information, and any communications we have with you.  We may also ask you to provide additional information, such as (but not limited to) the value of assets under management, number of employees, and industry of the organization that you are representing. It is necessary to take steps to market our products and services to prospective clients and continue communication, if you have indicated an interest in doing so, prior to entering into a contract (e.g. to respond to your queries or where you have submitted an application to become our client to contact you to further discuss your interest in Dynamo and to send you information regarding Dynamo or the Company).
Current Customers We will collect your name, email address, and other relevant user identification information when you create an account in relation to our platforms and Services.

In addition, we will collect about your organization information for services purchased from Dynamo, you/your organization’s billing details, and any communications we have with you or your organization.

It is in our legitimate interests to grant you access to a private log-in where you can access information relevant to you and your account.

It is also necessary that we enter into or perform on a Customer contract. Otherwise, it is in our legitimate interests to store Customer-related information so that we can refer back to it (e.g. for our general recordkeeping and Customer relationship management).

Our interests are not overridden by the interests or fundamental rights and freedoms of the data subject.

Representatives of vendors/suppliers We will collect your name, email address, phone number, order information for goods and services sold by you (or your organization), you/your organization’s billing, payment, and banking details, and any communications we have with you. If you are an individual contracting with us on behalf of a vendor or supplier, it is necessary to enter into or to perform on a contract. Otherwise, it is in our legitimate interests to store vendor/supplier-related information so that we can refer back to it (e.g. for our general recordkeeping and supplier relationship management). Our interests are not overridden by the interests or fundamental rights and freedoms of the data subject.
General inquirers and those reporting issues with our website We will collect your name, email address, phone number, and message details. It is in our legitimate interests to respond to queries and to provide you with information relating to our services and maintain our website. Our interests are not overridden by the interests or fundamental rights and freedoms of the data subject.
Other third-party partners with whom we carry out business We will collect your name, email address, and phone number. It is in our legitimate interests to provide you with information relating to our services. Our interests are not overridden by the interests or fundamental rights and freedoms of the data subject.
Those who wish to be included in our electronic mailing/contact list We will collect your name and email address, and telephone number. Consent.  If you subsequently wish to withdraw your consent, you may do so at any time by clicking the “unsubscribe” link at the bottom of these communications, or by contacting us using the information set forth below in the “Contact Us” Section.
Event attendees We will collect your name, phone number, email address, company name, industry, and payment information. It is in our legitimate interests to organize and administer events that provide you with information related to our services; and consent.
Prospective employees We will collect your name, email address, physical address, phone number, employment, and educational history.  If you receive a conditional offer from us and depending on local laws, we may also collect a background check, including any criminal history. Necessary in order to take steps prior to entering into an employment contract; for background check purposes, where permissible, consent.
Website users We will collect website navigational information, including your location based on where you access our website, IP address, and other device information. It is in our legitimate interests to enhance account security and to ensure appropriate privacy regulations are followed. Our interests are not overridden by the interests or fundamental rights and freedoms of the data subject.
Mobile app users We will collect your location, device information, and usage and performance information. It is in our legitimate interests to maintain our application in support of services you request, to enhance account security, and to ensure appropriate privacy regulations are followed. Our interests are not overridden by the interests or fundamental rights and freedoms of the data subject.
Visitors to our facilities We will collect your name, company /employer, and purpose for access. Depending on location, facility administrators may also collect your driver’s license or a number of other identification documents; expected length of stay; any required certificate or credential necessary for access to a restricted area; time in/time out. Depending on location, we also may monitor our facility using CCTV. It is in our legitimate interest in maintaining security and accountability (which does not unfairly cause you to prejudice or affect your fundamental rights and liberties because it provides you with a more safe and secure visit); compliance with local laws, including those relating to health and safety.
Visitors, service providers, and auditors require access to Dynamo information systems We may monitor your usage of our network. It is in our legitimate interest to maintain security and accountability through: identifying and authenticating employees and other individuals; identifying, investigating, and mitigating suspected misuse of our assets, systems, and platforms. This interest does not unfairly cause you to prejudice or affect your fundamental rights and liberties because it provides you with a functional and secure website to use. It is also necessary to ensure compliance with law, regulations, as well as our policies and procedures.

Our Sites and Services are primarily intended for commercial use by businesses. We do not offer, target, or intend the Sites or any of our Services to be used for personal or household uses. Accordingly, we endeavor only to collect information, including Personal Data, about individuals in their capacity as a representative of a business. You should not submit any information to us other than information used in your capacity as a representative of a business.

4. Cookies and Other Automated Collection Practices

As you navigate the Sites and Dynamo, we may collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on our Sites and in our online applications (such as the Web pages viewed and the links clicked). We may also use Web Site Navigational Information to operate and improve the Sites and create an overall easier navigation or usability experience based on usage patterns.

This section describes the types of Web Site Navigational Information the Company or its Customers may collect and how the Company or its Customers may use this information.

4.1 Cookies

Both the Sites and Dynamo use cookies to make interactions with the Sites and Dynamo easy and meaningful. When you visit the Sites or Dynamo, servers hosting the Sites or Dynamo application send a cookie to your computer.

Here’s how we use different categories of cookies and similar technologies for our Sites:

  • Required cookies are necessary for basic website functionality. They are essential to operate the websites and there is no option to opt-out of these cookies. Examples include session cookies, authentication cookies, and security cookies.

    If you have chosen to identify yourself to us, we may place a cookie containing encrypted information on your browser that allows us to uniquely identify you when you are logged into the websites and to process your online transactions and requests. They expire when you close the web browser.

  • Persistent cookies enhance functions, performance, services on the website. They allow websites to remember the user’s site preferences and choices they make on the Site (username, language, region, etc.) and remain on your desktop or mobile device even after you close your browser or restart your computer.

    Persistent cookies help boost user experience on the website and help us provide you with more relevant communications, including marketing communications. These cookies collect information about how our websites are used, including which pages are viewed most often to improve our website functionality for you and others who visit our website(s). The Sites use persistent cookies to identify users that have previously visited the Sites. When you access the Sites, a unique identifier is assigned to you through the server. This unique identifier is associated with a persistent cookie that our Sites place on your Web browser. If you disable your Web browser’s ability to accept cookies, you will be able to navigate the websites, but it may limit your use of certain features or functions on our Sites.

  • We also use third-party technology to track and analyze usage information to provide enhanced interactions and more relevant communications and to track the performance of our advertisements.

    For example, we use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to help us analyze how our websites are used, including the number of visitors, the websites from which visitors have navigated to our websites, and the pages on our websites to which visitors navigate. This information is used by us to improve our websites.

    Third-party cookies track activity across websites in order to understand a viewer’s interests and to direct marketing to them. We sometimes use cookies delivered by us or by third parties to show you ads for our products that we think may interest you on devices you use and to track the performance of our advertisements. Third-party cookies, including social media plugins, belong to and are managed by other parties, such as Google, HubSpot, or other service providers. These cookies may also be required to render certain forms, such as email list sign-up, or to facilitate the gathering of demographic data about visitors to our Sites. For example, these cookies collect information such as which browser you used when visiting our websites. We encourage you to consult the privacy policies of these third-party vendors on their websites for information regarding their use of cookies.

    You can choose to reject or block all or specific types of cookies for our Sites by changing your browser settings. Please note that most browsers automatically accept cookies. Therefore, if you do not wish cookies to be used, you may need to actively delete or block the cookies (although, as mentioned above, some of the functions of the Sites may not work correctly). You may also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally.

  • Cookies related to the use of Dynamo are system-generated and do not gather data related to individual Dynamo users. They carry session-related information and are necessary for the use of Dynamo.

4.2.   Web Beacons

Dynamo uses Web beacons alone or in conjunction with cookies to compile information about your usage of the Sites or Dynamo. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Web site. For example, we may use Dynamo to place Web beacons in marketing emails that notify us if the recipient opens an email. We may use Dynamo and information from Web beacons to provide you with information about our Company or services.

5. How We Share Personal Data

The Company does not share, sell, rent, or trade any Personal Data with third parties for their own promotional and marketing purposes. We may share some of your Personal Data with our affiliates, service providers, or other third parties for the following legitimate purposes:

  • We may share your personal data with our affiliates to assist in the delivery of services to you. For example, we may need to share data about our customers for customer relationship management purposes or technical support.
  • We may use service providers, who help with parts of our website and operation of our business; (e.g. bill collection, fraud prevention, technology services, marketing) and with whom we may share your Personal Data. We endeavor via contract to limit our service providers’ use of such information to the purposes of providing services to, or assisting us with, the operation of our business and not for their own benefit;
  • We may share with our professional advisors, including law and accounting firms.
  • We may partner with other companies to jointly offer products or services (such as data feeds that work with Dynamo). If you purchase or specifically express interest in a jointly–offered product or service from or through the Company, we may share Personal Data with our partners as necessary to take steps at your request prior to entering into a contract (e.g. to respond to your product inquiries and to provide you information about these jointly offered products). The Company does not control our business partners’ use of that Personal Data, which will be subject to their own privacy policies.
  • We may share with law enforcement, government officials, or other third parties to the extent we believe applicable law requires our sharing or such sharing is appropriate to protect our rights, your rights, or the rights of others;
  • We may share payment information with third parties such as financial institutions as part of providing our services to you or the business you work for;
  • As part of our legitimate interest, we may share in order to manage any proposed sale, restructuring, transfer, or merging of any or all part(s) of our business, including to respond to queries from the prospective buyer or merging organization; and We may share with other third parties with your consent or direction to do so, or where otherwise permitted by applicable law.

Social Media

We maintain presences on social media platforms like LinkedIn, Facebook, and Twitter. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We are not responsible for the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the particular social media platform.

Links to Third-Party Sites

Our Sites may include links to other websites (e.g. in blog posts on the Sites), whose privacy practices may be different from those of the Company. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

6. Communication Preferences

You can choose how we use the information you provide to us as our customers or through Sites. You may manage your receipt of marketing and non-transactional communications by responding to such communications with a notice to adjust preferences at any time. You may also unsubscribe from emails by clicking the “unsubscribe” link at the bottom of the email. You can also inform us about your communications preferences by contacting us using the information set forth below in the “Contact Us” section of this Policy.

If you are a customer of ours, you cannot opt-out of receiving transactional emails related to your account with Dynamo, which are necessary for us to be able to provide the services you have requested.

7. Your Rights Regarding Your Information and Accessing and Correcting Your Information

Depending on where you live, your current jurisdiction, and applicable data protection laws, and subject to any relevant restrictions/exemption, you may be entitled to certain rights with regards to our processing of your Personal Data. (Please note: depending on the country you live in and the applicable data protection laws, you may only have access to some of the rights listed below).

  • Access and Update. You may be entitled to request that we disclose to you the Personal Data we have collected about you, the categories of sources from which the information was collected, and the purposes of collecting the data. You can review and change any inaccurate Personal Data by notifying us through the Contact Us section below of any errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. Customers may update or change their registration information by editing their user or organization record via their Personal and Site Settings after login. To update Billing Information, please email billing[at]dynamosoftware.com. Note that we may not be able to accommodate your requests to access or update information if we believe it would violate any law or legal requirement or cause the information to be incorrect. Data solely retained for data backup purposes is generally excluded.
  • Right to Deletion. You may have the right, subject to some exceptions, to request that we delete Personal Data about you that we have collected or maintained. We will not delete Personal Data about you when the information is required to fulfill a legal obligation, is necessary to exercise or defend legal claims, or where we are required or permitted to retain the information by law. For example, we cannot delete information about you while continuing to provide you with certain products and services or where we are legally required to retain certain information.  This right is generally excluded from data kept for archival or backup purposes.
  • Restrictions. You may have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
  • Portability. To the extent the Personal Data you provide to us is processed based on your consent or that we process it through automated means, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
  • Right to Object. You may have the right to object to any processing of your Personal Data carried out on the basis of our legitimate interests or where we process your Personal Data for direct marketing purposes.
  • Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
  • Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy. For a list of the various European privacy regulators, see https://edpb.europa.eu/about-edpb/board/members_en.

8. Security

We have implemented appropriate technical, physical, and administrative measures designed to secure your Personal Data and Customer Data from unauthorized access, use, alteration, and disclosure. As part of those measures, we maintain a written information security program.

Unfortunately, the transmission of information via the internet is not always secure. Although we do our best to protect your Personal Data, including through the use of Secure Socket Layer technology when available, we cannot guarantee the security of your Personal Information transmitted to our Sites. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites or within Dynamo.

9. Processing of Personal Data in the United States/ Outside the EU/EEA and Switzerland

If you are a resident of the European Economic Area (“EEA”) or Switzerland, in order to provide our Sites, products, and services to you, we may send and store your Personal Data outside of the EEA and Switzerland, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. To facilitate the Company’s global operations, we may also transfer and access data that you have provided to other countries outside the United States where the Company has operations.

We transfer your Personal Data to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data.

To ensure your Personal Data is treated in accordance with this Policy, we use Data Protection Agreements between the Company and all other recipients of your data that include, where applicable, the Standard Contractual Clauses between Controllers and Processors under the GDPR and Standard Contractual Clauses for the Transfer of Personal Data to Third Countries Pursuant to the GDPR adopted by the European Commission (both “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such a third country. Note that we are not directly subject to the U.S. Foreign Intelligence Surveillance Act. You may request a copy of the Data Protection Agreement by contacting us as provided in the Contact Us section below.

10. Do Not Track Disclosure

Currently, various browsers — including Firefox, Internet Explorer and Safari — offer a “do not track” or “DNT” setting, which sends a signal to websites visited by the user indicating a preference that they “do not track” your online activities. We do not currently honor such signals with respect to the Sites or Dynamo because no common industry standard for interpreting DNT signals has been widely adopted. We take privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology.

11. Changes

The Company reserves the right to update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. If we do, we will update the “effective date” at the top. If we make a material update, we may provide you with notice prior to the update taking effect, such as by posting a notice on our website or by contacting you directly, or where required under applicable law and feasible, seek your consent to these changes.

We encourage you to periodically review this Privacy Statement to stay informed about our collection, processing, and sharing of your Personal Data.

12. Security

If you have any questions about our Policy, please us in one of the following ways:

  • use our contact form
  • by email at [email protected]
  • by mail sent to Dynamo Software, Privacy Office, 480 Pleasant Street, Suite B200, Watertown, MA 02472.
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