Privacy Policy

Content

1. How we handle your personal data 1.1 How we collect and process data about you 1.2 What we do for the security of your data 1.3 How long we process your personal data 2. Personal data we process about you 2.1 Usage data regarding our websites 2.2 Notifications and correspondence data 2.3 Ordering and sales data 2.4 Other information you provide to us 3. Personal data our third-party suppliers process about you 4. Your rights with regards to your personal data 5. Warranty information 6. Contact Information and dispute resolution

This privacy policy sets forth the principles that we, Fookes Software Ltd, located at La Petite Fin 27, CH-1637 Charmey, Switzerland, follow with respect to personal data we process about you if you visit our websites www.aid4mail.com, www.aid4mail.ch, www.fookes.com, www.notetab.com, order our services or products or provide us with personal data by other means. We may eventually amend this policy consistent with the requirements of applicable law. Any changes will be posted immediately on our websites.

The protection of your privacy is an important concern to which we pay special attention in all our business processes. Accordingly, we process personal data collected during your visit of our websites confidentially and solely in compliance with legal provisions.

Furthermore, we comply with the requirements of the Children’s Online Privacy Protection Act. Our websites are not intended for children under 13 years of age and no one under age may provide information to us. We kindly ask you to contact us if you believe that we might have any information from or about such a child.

1  How we handle your personal data

1.1  How we collect and process data about you

Before we collect personal data from you, we will inform you about the purposes for which it is collected and used; the legal basis of such data processing; the types of non-agent third parties, to which we may disclose that information; the duration of data retention and the choices and means we may offer you for limiting the use and disclosure of your personal data.

Notice will be provided in clear and conspicuous language when you are first asked to provide personal information, or as soon as practicable thereafter, and in any event before we use the information for a purpose other than that for which it was originally collected.

We will process your personal data only in ways compatible with the purposes for which it was collected or subsequently authorized by the individual concerned. We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties. However, your data may be transferred to trusted third parties who assist us in operating our websites, conducting our business, or servicing you, subject to a strict data processing agreement.

1.2  What we do for the security of your data

We have implemented measures designed to secure your personal data from accidental loss and unauthorized access, use, alteration and disclosure. All personal data you provide to us is stored on secure third-party servers or our own encrypted storage media. We will also take reasonable steps in order to ensure that personal data processed by us is relevant to its intended use, accurate and complete.

Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our websites.

1.3  How long we process your personal data

Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. You also have the right to object to the processing of your personal data, including opting-out from the use for direct marketing purposes.

If you do not withdraw your consent, we retain your personal data that we process based on your consent for only as long as is necessary for the purpose in question. Subject to other lawful reasons for data processing, we will retain your personal data as follows:

  • Correspondence, account, usage and transaction data: 10 years from date of submission.
  • You can opt-out of our email communications at any time. If you do not interact with our email communications, you will automatically be removed from our database after a two-year period without having to opt-out.

2  Personal data we process about you

2.1  Usage data regarding our websites

We may process personal data about your use of our websites (e.g. IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, downloaded files, viewed videos, listened tracks, clicked links, used search words or search phrases, website navigation paths and information about the timing, frequency, and pattern of your use). If your visit is the result of online advertising (e.g. banners, video ads, search engine advertising etc.), we also record which element (e.g. banner, AdWords etc.) motivated the visit to our websites. We may process such personal data about you in order to improve our services and our understanding of our customer’s needs.

In addition, we use session cookies to personalize our websites for you (e.g. your country as determined from your IP address, the appropriate currency for your location, your original order reference when purchasing an upgrade or renewal and discount coupons) and as an element of our security measures in order to protect your user account and our websites against disruption, data loss and unauthorized data access. Session cookies are small text files temporarily stored on your computer during your visit of our websites. They are automatically deleted by your browser when you close it. We may also store one or more necessary first and third-party cookies that are required for basic functions like site security and navigation. Most browsers allow you to refuse and delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies by contacting your browser provider. Blocking all cookies may have a negative impact upon the usability of our websites. If you block necessary cookies, you may not be able to use all the features and services on our websites. Even if you block all cookies, third parties may still be in the position to collect certain information about you during your visit of our websites.

The legal basis for this processing is either your consent or our legitimate interest to operate, provide, secure, monitor and improve our services, products and websites.

2.2  Notifications and correspondence data

If you voluntarily subscribe for our email notifications and newsletters, we will use provided personal data for the purposes of sending you the relevant notifications and newsletters. You may choose at any time to unsubscribe from this service by clicking a link displayed at the bottom of each notification and newsletter.

The legal basis for this processing is consent or the conclusion or performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.3  Ordering and sales data

When you order our software, we receive your name and contact details, as well as transaction details from our trusted third-party provider cleverbridge including your name, email address, contact details, order number, payment type and past purchases. We respect your privacy and we will therefore not share such personal data with anyone except trusted third parties who assist us in operating our websites, conducting our business, or servicing you, subject to a strict data processing agreement. Furthermore, no credit card, bank account or other specific payment details are disclosed to us.

The legal basis for this processing is consent or the conclusion or performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.4  Other information you provide to us

If you choose to interact with our websites by providing information and registering for a user account (e.g. when renewing a license, contacting us or purchasing a license) we may process your account data and other information contained in or relating to any communication that you send to us including any metadata associated with the communication.

We also process personal data you voluntarily provide for another purpose (e.g. in context of a post, a survey or a contest). This may also include Information that you provide by filling in forms or by contributing information to be displayed on the public areas of our websites or transmitted to other users or third parties.

If you proactively send us personal data, such data may also be processed on our server and may include details of transactions you carry out through our websites, the fulfillment of your license subscriptions, email and other addresses, names and the correspondence content.

We process such data for the purposes of providing our services, record keeping of our databases and communicating with you and the public. The source of such data will always be you and may include name, email address, contact details and other information.

The legal basis for this processing is consent or the conclusion or performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3  Personal data our third-party suppliers process about you

Our websites contain technologies, which allow our trusted third-party suppliers to process information about you during your visit of our website in order to analyze trends, to handle our website and your orderings or licenses, to track your movements around the site and in the internet or to gather demographic and other information. However, our relevant trusted third-party suppliers adhere to strict guidelines concerning the handling of your personal data and are obliged to comply with EU or Swiss standards.

Some of our trusted third-party suppliers and the hosting facilities for our websites are situated in the United States and Switzerland, which results in a transfer of your personal data to these countries. The EU has issued an "adequacy decision" with respect to the data protection laws of these countries, and thereby confirmed that they provide appropriate safeguards and have implemented standard data protection clauses approved by the EU. To learn more, click here.

A complete list of our trusted third-party suppliers (along with their privacy policies) who assist us in operating our websites, conducting our business and servicing you can be found here:

  • Infomaniak is our Swiss based web hosting company, which commits to an information security level beyond the legal framework. They host our www.fookes-software.ch and www.aid4mail.ch websites. This is where we store client purchase data and license information. To learn more, click here.
  • G Suite is a Google service that we use for internal administration and general email communication purposes. Our email addresses based on the fookes.net domain are managed by Google’s Gmail for Business. Being based in Google's data centers, data and information is saved instantly and then synchronized to other data centers for backup purposes. To learn more, click here.
  • Microsoft is used for internal administration and various communication purposes, including our public Skype phone number. Being based in Microsoft's data centers, data and information is saved instantly and then synchronized to other data centers for backup purposes. To learn more, click here.
  • Freshdesk is our customer support solution provider and manages our support portal and support forms via help.fookes.com. To learn more, click here.
  • cleverbridge provides us with e-commerce solutions for our customers, resellers and affiliates to purchase and resell our products. To learn more, click here.
  • MailChimp provides us with newsletter and email notification services. Your email address will be transferred and processed in the USA, where this provider has its servers. To learn more, click here.
  • Zingtree is used for internal and external communication purposes and allows us to provide you with troubleshooters, process guides and diagnostic procedures. To learn more, click here.
  • Liquid Web is our web hosting company for fookes.com, aid4mail.com and notetab.com. We do not store any personal data on their servers. To learn more, click here.
  • SoftWORKZ is used as part of our licensing platform. To learn more, click here.
  • SurveyMonkey provides online survey forms used to gauge your satisfaction in order to improve our product offerings. To learn more, click here.

4  Your rights with regards to your personal data

You have the right to (i) access your personal data; (ii) correct your personal data in case it is incomplete or inaccurate; or (iii) delete your personal data, at any time. You also have the right to request suspension of personal information processing, subject to relevant law. Data which is necessary for billing and accounting purposes or which is subject to the legal obligation to preserve or another lawful reason is not affected.

5  Warranty information

We develop our websites according to the highest standards. Nonetheless, we cannot guarantee the accuracy or correctness of the information contained and preclude any liability for damage resulting from your use of our websites, unless caused intentionally or by gross negligence on our part.

Our websites may contain links to third-party websites operated by providers that are not associated with us. We have no influence over the processing of personal data transmitted by clicking such a link, as the behavior of third parties is beyond our control and we accept no responsibility for any links, their related website contents, or your use of them.

6  Contact Information and dispute resolution

In order to maintain the security of your personal data, any and all requests to view or modify your data must be sent in writing, along with a copy of your valid ID card or passport, to Fookes Software Ltd, La Petite Fin 27, CH-1637 Charmey, Switzerland. We will immediately investigate and attempt to resolve complaints and disputes regarding the use and disclosure of personal information in accordance with the principles contained in this Policy. If incorrect information has been stored despite our efforts to maintain correct and up-to-date data, we will correct this immediately upon your request.

For complaints that cannot be resolved, we have agreed to participate in the dispute resolution procedures of the Swiss or European Data Protection Laws. Furthermore, you may file a complaint with the supervising data protection authorities of your country.

This policy was last modified on June 18, 2018