Cherwell Software Privacy Policy

Last Updated: April 16, 2014

This privacy policy applies to the Cherwell Software, Inc. (“Cherwell”) website at www.cherwell.com and our hosting service for Cherwell Service Management. By using Cherwell’s website or service, you consent to the terms of this policy. The use of information collected through our service shall be limited to the purpose of providing the service for which the Customer has engaged Cherwell. If you have any questions or suggestions regarding our privacy policy, please contact us at: 719-386-7000, Cherwell Software, Inc., Attn: General Counsel, 12295 Oracle Boulevard, Colorado Springs, CO 80921 or general.counsel@cherwell.com.

Cherwell has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe’s Program Requirements and the TRUSTed Cloud Program Requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. The TRUSTe program only covers information that is collected through this website and iCherwell mobile app. The TRUSTe program does not cover information that may be collected through software downloaded from this website. If you have questions or complaints regarding our privacy policy or practices, please contact us at the number and address in the above paragraph. If you are not satisfied with our response you can contact TRUSTe here.

Cherwell complies with the U.S.–E.U. Safe Harbor framework and the U.S.–Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Cherwell has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Cherwell certification, please visit http://www.export.gov/safeharbor.

Information Related to Data Collected for our Customers
Service Provider, Sub-Processors/Onward Transfer

Cherwell may transfer personal information to companies that help us provide our service. Transfers to these third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Customers.

Access to Data Controlled by our Customers

Cherwell has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to Cherwell’s Customer (the data controller). If the Customer requests Cherwell to remove the data, we will respond to their request within 30 business days.

Information Collection & Use About You

When you visit www.cherwell.com, you are not required to register with the site or provide any personally-identifiable information in order to access the site.
If you choose to, you can use our website to:

  • request more information from us (such as a demo or pricing),
  • register for a training class,
  • access Cherwell Support via Cherwell Self Service, or
  • join the Cherwell Community.

When you choose to do one of these things, then you may be asked to provide your name, email address, phone number, company name and job title so that we can respond to your request. When requesting pricing, demos or product information, we will also ask for information about your company such as the current helpdesk solution, the number of users, the timeframe for project implementation and other system requirements. We do not collect or process your location based information when using our iCherwell mobile app.

We use this information to contact you about the products or services on our site in which you have expressed interest. If you are an end-user of our service, then we use the information to provide technical support for your use of the software or to inform you about new software products and services or updates to existing products and services. We also use this information to improve both the usability of our site and our user support procedures and to help prevent misuse of our system.

We will share your personal information with third parties only in the ways that are described in this privacy policy. We share your information with third party service providers that are authorized to resell our software, an email service provider to send out emails on our behalf, a credit card processing company to bill you for services, and provide services, community forums and support for our software products. These companies are authorized to use your personal information only as necessary to provide these services to us. We also purchase marketing data from third parties and add it to our existing user database to better target our advertising.

Orders

You may register and place orders for Cherwell training classes on our website. If you purchase a training class from us, you must provide contact information (such as name, email, and phone number) and financial information (such as credit card number and expiration date). The registration page contains terms and conditions related to training classes and cancellation policies.

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. When you enter a credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL) and otherwise follow generally accepted industry standards to protect the information submitted to us. No method of transmission over the Internet, or method of electronic storage, is 100% secure, therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at marketing@cherwell.com.

We use this information for billing purposes, to register you for the class, and to issue coupon codes for classes. We also use this information to communicate with you about changes to scheduled classes and notify you of upcoming training classes.

Choice/Opt-out

If you no longer wish to receive our newsletter and promotional communications, you may unsubscribe or opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at marketing@cherwell.com or contacting us at 719-386-7000.

Generally, you may not opt-out of software service or technical support related announcements, which are not promotional in nature. If you do not wish to receive these announcements, please contact your Cherwell Support representative.

Access to Personally Identifiable Information

If your personally identifiable information changes, you may correct, update or delete it by emailing Cherwell at marketing@cherwell.com or by contacting us by telephone at 719-386-7000. We will respond to your request for access within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at marketing@cherwell.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Data Retention

Cherwell will retain personal data we process on behalf of our Customers and, personal data we collect for as long as needed to provide services. Cherwell will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Additional Information

Log Files

As is true of most websites, we and our third party tracking-utility partners gathers certain information automatically and stores it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We link this automatically-collected data to information you submit when filling out forms on our site.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use session ID cookies and persistent cookies on our website. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

We link the information we store in cookies to information you submit when filling out forms on our site. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our website, but your ability to use some areas of our site will be limited.

The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by our privacy policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, service providers use session ID and persistent cookies to make it easier for you to navigate our site.

Clear Gifs (Web Beacons/Web Bugs)

We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs) in email communications that you may sign up to receive through our website. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications.

Our third party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, and scripts that help them better manage content on our site. We do [not] tie the information gathered to our Customers’ or Users’ personally identifiable information.

Behavioral Targeting/ Re-Targeting

We partner with a third party ad network to either display advertising on our website or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other websites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking Here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads. We do respond to a browser’s “do not track” signal.

Links to Other Sites

This website contains links to other sites, for example those of our value-added resellers or implementation partners, that are not owned or controlled by Cherwell Software. We are not responsible for the privacy practices of these other sites and encourage you to read the privacy policies of these web sites.

Social Media Features and Widgets

Our website includes social media features, such as the Facebook Like button and widgets, such as the Share this button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are governed by the privacy policy of the company providing the features.

Testimonials

We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at marketing@cherwell.com.

Bulletin Boards/Chat Rooms/Blogs

If you use a bulletin board, chat room or blog on this site or accessible by a link to another site, such as the Cherwell Community site at www.cherwellcommunity.com, you should be aware that any information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. Use of the Cherwell Community site is subject to the Terms of Service located on the community homepage and we reserve the right to terminate the accounts of those who use this service in a manner inconsistent with the terms. To request removal of your personal information from our blog or community forum, contact us at marketing@cherwell.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Legal Disclaimer

We reserve the right to disclose information collected through our site, including your personally identifiable information, when we believe that disclosure is necessary to protect our legal rights or to comply with a legal proceeding, court order, law, rule or regulation.

If Cherwell is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Changes in this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. If we decide to change our privacy policy, we will post those changes to this privacy policy. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this web site prior to the change becoming effective.