Updated as of: May 23, 2018

1. Overview

TechExcel, Inc. a California corporation, on its own behalf, and on behalf of each its subsidiaries (collectively, “TechExcel,” “we,” “us,” or “our”) is committed to protecting and respecting your privacy.

We have developed this privacy policy (the “Policy”) to provide you with information on how we collect personal information from you, what we do – and do not do- with your personal information, and what your rights are with respect to such personal information provided to us.  This applies to information we collect on our website (www.techexcel.com) (“Website”) and off-line (through phone and software applications.

For the purposes of applicable data protection legislation (including Regulation (EU) 2016/679 (the “GDPR”)  TechExcel, Inc. 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 directly or indirectly.  We process different types of personal information (for example, your name, company name, email address, 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 request demos or purchase our products;
• when you register on our customer care portal at www.techexcel.com;
• information you provide when interacting with our KnowledgeBase;
• details of any requests such as customer support, training, and professional services;
• communications with you via our support portal, email, or phone calls;
• information submitted in any testimonial, comment, or other feedback message 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 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, and/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;
• 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.  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.  In addition, we may share your personal information with:

• Companies that TechExcel 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 TechExcel 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 TechExcel 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 five (5) 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 five (5) years from our first communication with you unless you request otherwise.

7. Where we store your personal information

We are based in the United States but also have servers located in the United Kingdom and China.  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.

We adhere to the EU-US and Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce concerning the collection, use, and retention of personal information transferred from the EU to the United States.  Personal information may be processed by staff who work for us or for one of our suppliers.  If this involves the transfer of data from the EEA to a separate country, we will ensure that appropriate measures are in place to protect the transfer, such as the use of data processing agreements incorporating the EU Commission Model Clauses.

8. Use of cookies and other web technologies

Use of cookies and other web technologies are not covered in this Policy, but they are covered under our cookies policy located on our website.

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 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.

12. Your privacy rights

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 https://www.techexcel.com/about-us/contact-locations/

Please note:

• 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 with “California Privacy Information Request” in the subject line and in the body of your message.  Please also specify in your request the company to which your request pertains, otherwise we will treat your request as pertaining to TechExcel.  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.

14. Contact us and how we communicate with you

Contact Us

If you have questions regarding our privacy practices, or this Policy, please contact us at support@techexcel.com; or call us at +1 925-871-3900 (toll free +1 800 439 7782, or write us at:

TechExcel, Inc.
Attention: Privacy
3675 Mt. Diablo Blvd
Suite 330
Lafayette, CA 94549
USA

How we will communicate with you

If you have a customer account with TechExcel, we will communicate with you through the account contact details.  For all others, if you provide us with contact information, we will reach out to you through those provided details.

16. Changes to this Policy

For new customers, changes or updates to this Policy are effective upon the “Last Updated Date” set forth above.  For existing customers, changes or updates to this Policy are effective thirty (30) calendar days after such “Updated as of” date.  We may update this Policy to reflect changes to our information practices.  When we make changes to this Policy, we will revise the “Updated as of” date at the top.  If the changes are material, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website.  We encourage you to periodically review this page for the latest information on our privacy practices.

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 implies acceptance of the information contained in this Policy.