Effective Date: May 25, 2018

Blue Pearl is committed to privacy and data protection. This Privacy Policy applies to all personal data Blue Pearl collects from you, through our interactions with you and through our products; as well as how we use and protect that data. Blue Pearl is the controller of this data.

The Privacy Policy applies to all websites which are run by, or under the control of, Blue Pearl, Inc. (collectively, the “Sites”), and our Products and Services. All references to “Blue Pearl”, “the Company”, “we” and “our” include Blue Pearl, Inc., located at 4699 Old Ironsides Drive, Suite 400, Santa Clara, CA 95054.

This Privacy Policy does not apply to the data you input to our Products and Services, or the files generated using our Products and Services (“Your Content”). You act as the controller of Your Content.

This Privacy Policy does not apply to any third-party applications or software that integrate with our Sites, Products and Services, or any other third-party products, services or businesses (collectively, “Third Party Services”).  Third Party Services are governed by their own privacy policies. We recommend you review the privacy policy governing any Third Party Services before using them.

Any questions or concerns regarding Blue Pearl’s privacy and data protection practices can be directed to our Data Protection Officer at dpo@bluepearlsoftware.com or by calling (408) 961-0121.

Personal Data We Collect

Blue Pearl collects data to provide the Products and Services you request, ease your navigation on our Sites, communicate with you, and improve your experience using our Products and Services. Some of this information is provided by you directly, such as when you submit support requests, request a trial and/ or purchase a Product or Service. Other information is collected through interactions at tradeshows and other events. Some of the information is collected through your interactions with our Sites, Products and Services. We collect such data using technologies like cookies and other tracking technologies, error reports, and usage data collected when you interact with Blue Pearl Site(s), Services or Products running on your device.

We also obtain data from third parties or use third parties to assist us with data collection. For example, we may supplement the data we collect as described in this section by purchasing demographic data from other companies. We also use services from other companies to help us determine a location based on your IP address notably to customize certain services to your location. In addition, we utilize third-party services to collect usage data.

The data we collect depends on the Site(s), Products, Services and features thereof that you use, and includes the following:

Name and contact data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.

Payment data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number).

Usage data. We collect personalized information about your use of our Sites, Products and Services, to better understand uses thereof and identify potential improvements, as well as to send you promotional communications or offers tailored to your use of our Sites, Products and Services and interest thereto.

Examples include:

• Product information based on your use of our Sites and Products running on your device. This includes license identification information, such as license ID, features, expiration and maintenance dates, operating system and license username and Blue Pearl Software Visual Verification Suite build and version information. Note that we do not collect any of the data that you input/use in our software Products, only analytical data about how you use the software Product.
• Information on the web pages you visit on and off our Sites and the search terms you enter on our Sites.
• Information regarding the performance of our Sites, Products and Services and any problems you may experience while using them. This information enables us to diagnose problems and offer support in resolution.
• Data about your device and the network you use to connect to our Product and Services, including IP address, device identifiers, and regional and language settings.

Web requests. For our cloud-based Products, we collect information regarding every web request sent to the relevant servers. This information is used to provide support, as well as to assess usage and performance of our Products. The data collected for each request can include such things as timestamps, any exception messages, user agent, IP address, email address, request time and duration, as well as files names. Note that we do not collect your project file data.

Location data. We collect your IP address and infer location such as city or postcode therefrom, when necessary in order to provide you with the Sites, Products and Services or to send you promotional communications or for customer relationship management purpose.

Content. We may collect the content of messages you send to us, such as feedback or questions you ask our technical support representatives, when necessary to provide you with the Sites, Products and Services you use. We will collect and utilize any data files you send to us for troubleshooting and improving our Products and Services. When you contact us, phone conversations or chat sessions with our representatives may be monitored and recorded in order to improve our services, facilitate the processing and resolution of your request or complaint.

Surveys and Studies. We may ask you to participate in a survey or study; and may request information from you. Participation is voluntary, and you have the choice of whether to disclose any requested information.

How We Use Personal Data

Blue Pearl uses information that we collect from customers and visitors for the purposes of:

• providing our Products and Services;
• providing ongoing support;
• communicating with you, including promotional communications and customer relationship management (“CRM”);
• providing information about other Products and Services;
• helping us run our company, for example to improve our Products and Services or our security, train staff or perform marketing activities, including CRM;
• complying with our legal obligations; and
• accounting and other administrative purposes.

Examples of the uses of information include:

Providing Products and Services. We use data to carry out your transactions with us and to provide Products and Services to you. Often, this includes personal data such as email, name and address.

• Customer support. We use data to diagnose and address problems and provide other customer and support services.
• Product activation. We use data, including device and application type, location, and unique device, application, network and subscription identifiers to activate software and devices that require activation.
• Software Updates. Unless you have disabled the functionality of our Software Update Manager, our software products periodically communicate with our servers to perform functions such as checking for updates.

Improving Product and Services. We use data to continually improve our Products and Services, including adding new features or capabilities. Data is collected throughout your interactions with our Products and Services that enable us to understand customer usage and tailor future capabilities.

We track general, non-personalized information (e.g., operating system, browser version and type of device being used) to know how many people visit specific pages of our Sites or utilize specific areas of our Products and Services so that we may improve those Products and Services.

Our Cookies Policy explains how we use cookies and similar technologies to collect information about the way you use our Sites, Products and Services, and how to control them.

Please note that we use IP addresses on a highly restrictive basis to analyze trends, to administer the site, and to collect general information for aggregate use.

Service Communications. We use data we collect to deliver and personalize our communications with you. For example, we may contact you by email or other means to notify you of changes in information and updates to our Products and Services or to our Privacy Policy.

Marketing and event communication: We use personal data to deliver marketing and event communications to you across various platforms, such as email, direct mail, social media, and online via our Sites. We also may send you invitations to trade shows or trainings relating to our Products and Services that occur nearby you, based on your address.

If we send you a marketing email, it will include instructions on how to opt out of receiving these emails in the future. We also maintain email preference centers for you to manage your information and marketing preferences. For information about managing email subscriptions and promotional communications, please visit the Your Rights Regarding Personal Data section of this privacy statement. Please remember that even if you opt out of receiving marketing emails, we may still send you important Service information related to your accounts and subscriptions.

How We Share Personal Data

It is the policy of Blue Pearl and its subsidiaries to protect users’ information both online and off-line. Access to our users’ information is restricted to only those employees or agents, contractors or subcontractors of Blue Pearl who have valid reasons to access this information to perform any service you have requested or authorized, or for any other purpose described in this Privacy Policy. The information you provide will not be sold or rented to third parties.

We may provide your personal data to:

• our partners located in and outside your country, including outside the European Union (in such case, we will use appropriate legal framework to operate data transfers);
• outsourced service providers who perform functions on our behalf, located inside or outside of the EU territory (in such case, we will use appropriate legal framework to operate data transfers). For example, when you provide payment data to make a purchase, we will share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction;
• our authorized agents and representatives, located inside or outside of the EU territory (in such case, we will use appropriate legal framework to operate data transfers), who sell products or provide services on our behalf, such as training service providers or product resellers;
• anyone expressly authorized by you to receive your personal data
• anyone to whom we are required by law to disclose personal information, upon valid and enforceable request thereof.

Finally, we will access, disclose and preserve personal data, including Your Content, when we have a good faith belief that doing so is necessary to:

• comply with applicable law or respond to valid legal processes, including from law enforcement or other government agencies, upon valid and enforceable request thereof; or
• operate and maintain the security of our Services, including to prevent or stop an attack on our computer systems or networks.

Please note that some of our Services may direct you to services of third parties whose privacy practices differ from Blue Pearl’s. If you provide personal data to any of those services, your data is governed by their privacy statements or policies. Blue Pearl, Inc. and their subsidiaries are not responsible for the privacy practices of these other sites. Please review the privacy policies for these web sites to understand how they process your information.

We require third parties to only use your personal data for the specific purpose for which it was given to us and to protect the privacy of your personal data. We will only disclose your personal data to third parties who agree to keep your information confidential.

Handling of Personal Data

Security of Personal Data

Blue Pearl is committed to protecting the security of your personal data. Depending on the circumstances, we may hold your information in hard copy and/or electronic form. For each medium, we use technologies and procedures to protect personal data. We review our strategies and update as necessary to meet our business needs, changes in technology, and regulatory requirements.

These measures include, but are not limited to, technical and organizational security policies and procedures, security controls and employee training.

Storage and Transfer of Personal Data

Personal data collected by Blue Pearl may be stored and processed in your region, in the United States or in any other country where Blue Pearl, its affiliates or contractors maintain facilities, including outside the European Union. We take steps to ensure that the data we collect under this Privacy Policy is processed pursuant to the terms thereof and the requirements of applicable law wherever the data is located.

Blue Pearl also collaborates with third parties such as cloud hosting services and suppliers located around the world to serve the needs of our business, workforce, and customers. In some cases, we may need to disclose or transfer your personal data within Blue Pearl or to third parties in areas outside of your home country. When we do so, we take steps to ensure that personal data is processed, secured, and transferred according to applicable law.

If you would like to know more about our data transfer practices, please contact our Data Protection Officer at dpo@bluepearlsoftware.com.

Retention of Personal Data

Blue Pearl retains personal data for as long as necessary to provide the services and fulfill the transactions you have requested, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We are required by law to keep some types of information for certain periods of time (e.g. statute of limitations). If your personal data is no longer necessary for the legal or business purposes for which it is processed, we will generally destroy or anonymize that information.

Your Rights Regarding Your Personal Data

Blue Pearl respects your right to access and control your personal data. You have choices about the data we collect. When you are asked to provide personal data that is not necessary for the purposes of providing you with our Sites, Products and Services, you may decline. However, if you choose not to provide data that is necessary to provide a Service, you may not have access to certain features, Sites, Products, or Services.

We aim to keep all personal data that we hold accurate, complete and up-to-date. While we will use our best efforts to do so, we encourage you to tell us if you change your contact details.  However, if you believe that the information we hold about you is incorrect, incomplete or out-of-date, please contact dpo@bluepearlsoftware.com or call (408) 961-0121.

Access to personal data: In some jurisdictions, you have the right to request access to your personal data. In these cases, we will comply, subject to any relevant legal requirements and exemptions, including identity verification procedures. Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data. We may also charge you a fee for providing you with a copy of your data (except where this is not permissible under local law).

If you are a corporate user of our Products and Services (which means your employer is a Blue Pearl customer of such Products and Services): please first request access to your personal data with your employer. Your employer will then be in touch with us with respect to your request.

Correction and deletion: In some jurisdictions, you have the right to correct or amend your personal data if it is inaccurate or requires updating. You may also have the right to request deletion of your personal data. Please note that such a request could be refused because your personal data is required to provide you with the products or services you requested, e.g. to deliver a product or send an invoice to your email address, or that it is required by the applicable law.

Portability: If you reside within the European Union, you have the right to ask for a copy of your personal data and/or ask for it to be ported to another provider of your choice. Please note that such a request could be limited to the only personal data you provided us with or that we hold at that given time and subject to any relevant legal requirements and exemptions, including identity verification procedures.

If you are a corporate user of our Products and Services (which means your employer is a Blue Pearl customer of such Products and Services): please first request access to your personal data with your employer. Your employer will then be in touch with us with respect to your request.

Marketing preferences: If you have provided us with your contact information, we may, subject to any applicable Spam Act or similar regulation, contact you via e-mail, postal mail or telephone about Blue Pearl products, services and events that may be of interest to you, including our newsletter.

E-mail communications you receive from Blue Pearl will generally provide an unsubscribe link allowing you to opt-out of receiving future e-mail or to change your contact preferences. Please remember that even if you opt out of receiving marketing emails, we may still send you important Service information related to your accounts and subscriptions.

You can also request changes to your account by contacting Blue Pearl via email, postal mail, telephone or fax at the appropriate location found at: https://www.Blue Pearl.com/contact-us/.

Cookies & Similar Technologies

Blue Pearl uses cookies (small, often encrypted, text files that are stored on your computer or mobile device) and similar technologies (“Cookies”) to provide our Products and Services and help collect data. This Cookies Policy explains how we use Cookies to collect information about the way you use our Sites, Products and Services, and how you can control them.

How We Use Cookies

We use Cookies to track how you use our Sites, Products, and Services by providing usage statistics. Cookies are also used to deliver Company information (including updates) and allow product authentication to you based upon your browsing history and previous visits to the Sites. Information supplied to us using cookies helps us to provide a better online experience to our visitors and users and send marketing communications to them, as the case may be. Information supplied to us upon launching of our Products and Services will enable Blue Pearl to manage your permissions, license, license type, and improve the functionality of the Product or Service.

While this information on its own may not constitute your “Personal data”, we may combine the information we collect via Cookies with Personal data that we have collected from you to learn more about how you use our Sites, Products to improve them.

Types of Cookies

We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device until you delete them). To make it easier for you to understand why we need them, the Cookies we use on our Sites and Products can be grouped into the following categories:

• Strictly Necessary: These Cookies are necessary for the Sites and Products to work properly. They include any essential authentication and authorization cookies for our Products and Services.
• Performance/Analytical: These Cookies allow us to collect certain information about how you navigate the Sites or utilize the Products running on your device. They help us understand which areas you use and what we can do to improve them.
• Targeting: These Cookies are used to deliver relevant information related to our products and services to an identified machine or other device (not a named or otherwise identifiable person) which has previously been used to visit our sites. Some of these types of Cookies on our sites are operated by third parties with our permission and are used to identify advertising sources that are effectively driving customers to our sites.

Here is a representative list of the Cookies we use.

Cookie	Name	Purpose
Google Analytics	_gat _gid _ga _utmv _utmzci_session	These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. Click here for an overview of privacy at Google.

Cookies Set by Third Party Sites

To enhance our content and to deliver a better online experience for our users, we sometimes embed images and videos from other websites on the Sites. We currently use, and may in future use content from sites such as Facebook, LinkedIn and Twitter. You may be presented with Cookies from these third-party websites. Please note that we do not control these Cookies. The privacy practices of these third parties will be governed by the parties’ own privacy statements or policies. We are not responsible for the security or privacy of any information collected by these third parties, using cookies or other means. You should consult and review the relevant third-party privacy statement or policy for information on how these cookies are used and how you can control them.

Social Sharing

We also embed social sharing icons throughout our Sites. These sharing options are designed to enable users to easily share content from our Sites with their friends using a variety of different social networks. If you choose to connect using a social networking or similar service, we may receive and store authentication information from that service to enable you to log in and other information that you may choose to share when you connect with these services. These services may collect information such as the web pages you visited and IP addresses, and may set cookies to enable features to function properly. We are not responsible for the security or privacy of any information collected by these third parties. You should review the privacy statements or policies applicable to the third-party services you connect to, use, or access. If you do not want your personal data shared with your social media account provider or other users of the social media service, please do not connect your social media account with your account for the Services and do not participate in social sharing on the Services.

Other Similar Technologies

Blue Pearl web pages may use other technologies such as web beacons to help deliver cookies on our Sites and count users who have visited those Sites. We also may include web beacons in our promotional email messages or newsletters to determine whether you open and act on them as well as for statistical purposes.

In addition to standard cookies and web beacons, our services can also use other similar technologies to store and read data files on your computer. This is typically done to maintain your preferences or to improve speed and performance by storing certain files locally.

How to Control and Delete Cookies

Cookies can be controlled, blocked or restricted through your web browser settings. Information on how to do this can be found within the Help section of your browser. All Cookies are browser specific. Therefore, if you use multiple browsers or devices to access websites, you will need to manage your cookie preferences across these environments.

If you are using a mobile device to access the Sites, you will need to refer to your instruction manual or other help/settings resource to find out how you can control cookies on your device.

Please note: If you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the sites may not operate properly, and you may not have access to our Products and Services available through the Sites. Blue Pearl shall not be liable for any impossibility to use the Sites, Products and Services or degraded functioning thereof, where such are caused by your settings and choices regarding cookies.

Sites are Not Intended for Children

You must be at least the age of majority in your place of residence to use the Sites, Products or Services.  The Sites, Products or Services are not directed to or intended for use by minors.  Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, if we learn that we received any information directly from a child under age 13 without his or her parent’s verified consent, we will use that information only to inform the child (or his or her parent or legal guardian) that he or she cannot use the Sites, Products or Services.

Questions or Complaints Handling

We understand that you may have questions or concerns about this Privacy Policy or our privacy practices or may wish to file a complaint. In such case, please contact us in one of the following ways:

Blue Pearl Data Protection Officer

Email: dpo@BluePearlsoftware.com

Phone: +1-408-961-0121

Mail: Attention: Data Protection Officer

Blue Pearl, Inc.

4699 Old Ironsides Drive, Suite 400 Santa Clara, CA 95054 USA

If you are not satisfied with our answer or how Blue Pearl manages your personal data, you may also have the right to make a complaint to a data protection regulator. If you reside within the European Union, a list of National Data Protection Authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you reside in Australia, you may obtain information about privacy and lodging a complaint with the Federal Privacy Commissioner (FPC) at www.privacy.gov.au

Changes To This Privacy Policy

We may update this Privacy Policy based upon evolving Laws, regulations and industry standards, or as we may make changes to our business including our Sites, Products and Services. We will post changes to our Privacy Policy on this page and encourage you to review our Privacy Policy when you use our Sites, Products or Services to stay informed. If we make changes that materially alter your privacy rights, Blue Pearl will provide additional notice, such as via email or through the Sites or Services. If you disagree with the changes to this Privacy Policy, you should discontinue your use of the Sites and/or Services. You may also request access and control of your personal data as outlined in the Your Rights Regarding Personal Data section of this Privacy Policy.