Privacy Policy – Diffchecker Desktop

Your privacy is important, so we created this privacy policy to help you understand how we collect, store, use, or disclose your personal information. Unless stated otherwise, this Privacy Policy applies to your use and access of our Diffchecker Desktop software, including the object code version and the user interface thereof, and other software included in the Diffchecker Desktop platform (the “Software”), and any other services that we link to this Privacy Policy.

WHO ARE WE?

The Software is offered by Checker Software Inc. and/or one or more of its affiliates and/or agents (“Diffchecker” or “we” or “We” or “our” or “Our”). This Privacy Policy, and the personal information handling practices described herein, apply to the Software and the collection, use, and disclosure of your personal information by us through the Software or in connection with your use of the Software.

The Diffchecker Desktop Software provides a means for users to securely compare documents without the documents leaving their computer. We do not receive copies of the documents that you compare using Diffchecker Desktop Software, and do not store or access the documents that you compare or “diff content” relating to the differences between your documents that you compare using Diffchecker Desktop Software.

We may have to change this Privacy Policy to reflect new regulations, new technologies or changes to how we collect, use or disclose your personal information. We reserve the right to change this Privacy Policy at any time at our sole discretion. The date of the most recent revisions will appear at the top of this page.

BY USING OUR ONLINE SERVICES, YOU CONFIRM THAT YOU HAVE READ AND AGREED TO THE END USER LICENSE AGREEMENT APPLICABLE TO THE SOFTWARE AVAILABLE AT https://www.diffchecker.com/terms/, AND ACCEPT AND CONSENT TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, WHICH YOU ACKNOWLEDGE ARE NECESSARY FOR DIFFCHECKER’S LEGITIMATE BUSINESS INTERESTS. If you do not agree with this Privacy Policy, please do not download, install, or otherwise use the Software, and if you do not agree to any changes to this Privacy Policy that we make in the future, you must end your use of the Software and the services available through the Software. Any changes will become effective as soon as they are posted to this Privacy Policy.

What do you mean by personal information?

Personal information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or household. We do not consider personal information to include information that has been de-identified so that it cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer. Your name, e-mail address, and IP address are all examples of data that may be personal information.

What personal information do you collect about me?

We collect and store personal information directly from you when you interact with us or when you submit personal information to us by or through our Software, or through our application forms on our website or the Software. Categories of personal information that we collect about you when you interact with us online or offline may include the following:

• Identification data you share with us, including name, and address;
• Contact information you share with us, including e-mail address, phone number, and mailing address;
• Where we make available account functionality by way of the Software, information you provide to create an account, including password and username, contact information, and data such as contact preferences;
• Information that you provide to us in connection with your use of the Software, but we do not receive copies of the documents that you compare using Diffchecker Desktop Software, and do not store or access the documents that you compare or “diff content” relating to the differences between your documents that you compare using Diffchecker Desktop Software;
• If you choose to make a purchase or subscribe to a feature or service of ours that requires a fee, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, and similar data (collectively, “Payment Information”); and
• Information you submit to us directly via email or other communication methods including, but not limited to, general inquiries, media inquiries, and customer support.

We may also collect your personal information from other sources, such as:

• Our service providers, who may assist us with performing aspects of our services or may handle your personal information on our behalf, as set out in this Privacy Policy; and
• Your computer or device, from which we may obtain information about your location.

BY DOWNLOADING, INSTALLING, AND USING THE SOFTWARE, YOU CONSENT TO THE APPLICABLE PROVISIONS OF THIS PRIVACY POLICY (I.E., THOSE RELATING TO THE SOFTWARE AND THE APPLICABLE SERVICES THAT YOU ACCESS AND USE THROUGH THE SOFTWARE), RELATING TO THE COLLECTION OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, WHICH YOU ACKNOWLEDGE IS NECESSARY FOR DIFFCHECKER’S LEGITIMATE BUSINESS INTERESTS.

How do you use my personal information?

We use the above categories of personal information to support our typical business activities, and to provide services to our customers, in particular for the following purposes:

• Use, process, and reproduce data and any personal information that you provide to us in documents and information that you upload via the Software, for analytical and business purposes. Without limiting the foregoing, we, or our third party service providers, may compile, aggregate, combine with other information, conduct data analytics, develop and manipulate the data and any personal information included therein, and create derivative materials using the data and personal information, but we do not receive copies of the documents that you compare using Diffchecker Desktop Software, and do not store or access the documents that you compare or “diff content” relating to the differences between your documents that you compare using Diffchecker Desktop Software;
• Respond to your requests, for instance, if you contact us;
• Offer you a tailored version of our Software;
• Manage and administer our Software;
• Improve our products or services;
• Notify you about changes to our legal terms or business practices, or the terms of this Privacy Policy;
• Get in touch with you after you submit an inquiry to us;
• Where we make available account functionality for the Software, setting up, administering, and managing your account, and your preferences for the Software;
• Review and use your personal information for compliance with our legal obligations, for the security of us and our employees and customers, and to protect against fraud;
• Use your Payment Information to process payments for our Software and service, where applicable; and
• Use and disclose your contact and personal information to our affiliates and advertising partners.

How can I opt-out of receiving marketing e-mails?

We may communicate with you through e-mail for marketing and promotional purposes. When you receive such communications from Diffchecker, you can always unsubscribe using the link in the e-mail. Alternatively, you can reach out directly to us and we will help you out: Contact Us.

How do you protect my personal information?

We strive to implement reasonable measures to protect your personal information against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and any other unauthorized access or use. We aim to ensure that the level of security and the measures adopted to protect your personal information are appropriate for the risks presented by the nature and use of your personal information. However, we cannot guarantee that your personal information will be secure from theft, loss, alteration, misuse, or unauthorized access, nor do we make any representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such information. We are not responsible for any attempt made by a third party to circumvent our privacy and security protocols. Please immediately Contact Us in the event that you feel the security of your personal information has been compromised.

Who will access my personal information in your organization?

We only allow our employees and agents and affiliates, where applicable, to use your personal information on a need-to-know basis. Our employees and agents handling personal information are subject to confidentiality agreements.

Do you share my personal information with third parties?

We may share the categories of personal information described above with service providers that we partner with to assist us in various functions, including providing technological support and performing security and anti-fraud services, providing you with our services where applicable, and providing you with communications and marketing information on our behalf.

These service providers can be classified in the following categories:

• Marketing partners, which we may use to display advertisements, to send you promotional communications, and for the purposes of cross-promotional advertising among and between Diffchecker and/or one or more of its affiliates and/or agents, and lookalike ad targeting (including developing advertising profiles and look-alike audience profiles);
• IT service providers, such as our web and data hosting providers; and
• Other service providers, who we may engage to provide services to us or on our behalf.

These service providers may process your personal information as part of the services they offer to us. We take steps to ensure that our service providers process your personal information in accordance with applicable privacy laws and regulations, only use it in accordance with our contract with them, and keep it secure. If you would like more information about our service providers, including the identities of those service providers, please Contact Us.

We may have to share your personal information if necessary, in our judgment, to comply with laws or regulations or in response to a subpoena, warrant, or legal order, or to protect our rights or the rights of others.

We reserve the right to transfer your personal information to a successor entity (or potential buyer) if we sell or transfer our business operation. We reserve the same right in case of merger, acquisition, bankruptcy, reorganization or sale of assets. In addition, in the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver, or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court.

Where will my personal information be stored?

We may store your personal information in any jurisdiction where we operate, including in Canada. When we share your personal information with our third party service providers, they may store some of your personal information in their databases in Canada, the United States, or elsewhere in the world. If you are downloading, installing, or using our Software from jurisdictions outside Canada, please be advised that by transmitting or sending personal information to us, you are transferring your personal information to us in Canada and/or the United States, as applicable, where data protection and privacy laws may be less stringent than the laws of your country.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU CONSENT TO THE APPLICABLE PROVISIONS OF THIS PRIVACY POLICY (I.E., THOSE RELATING TO THE SOFTWARE AND THE APPLICABLE SERVICES THAT YOU ACCESS AND USE BY OR THROUGH THE SOFTWARE), RELATING TO THE TRANSFER, STORAGE, AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, WHICH YOU ACKNOWLEDGE ARE NECESSARY FOR DIFFCHECKER’S LEGITIMATE BUSINESS INTERESTS.

How long do you keep my personal information?

We will retain your information for as long as needed to provide you with our services by or through the Software, for our valid business purposes, and as necessary to comply with our legal obligations, resolve disputes, defend our legal rights, and enforce our agreements. You can request that we delete personal information about you in our possession. If you would like us to delete some or all of your personal information, or delete your account (if applicable), please Contact Us.

What are my rights regarding my personal information?

Different laws allow you to exercise rights relating to your personal information in our possession. Depending on where you are located, these rights can vary. Your rights usually include the right to:

• access copies of the personal information that we collect, use and disclose about you, as long as such data remain available in our databases; and
• ask for the deletion of your personal information in certain circumstances provided by applicable law.

Depending on where you are located and subject to applicable law, you may have additional rights with respect to your personal information in our possession, including:

• “Right to rectification” – the right to ask for the rectification of your personal information in case it is incorrect, incomplete, invalid or ambiguous;
• “Right to be forgotten” - the right to request that we erase your personal information in certain circumstances provided by applicable law;
• “Data portability” - the right to request that we send to another company, where technically feasible, your personal information; and
• The right to request that we restrict the processing of your personal information in certain circumstances; for example, if you contest the accuracy of the personal information while we are verifying the accuracy thereof; and
• The right to object to processing of your personal information where it is processed on the grounds of legitimate business interests.

If you have any questions about your rights or if you want to exercise any of these rights, please Contact Us. We will take reasonable steps to enable you to access your personal information, or to update or correct personal information in our possession that you have previously submitted.

If you request a transcription, reproduction, or transmission of your personal information, we may have to charge a reasonable fee to process your request, subject to applicable laws. In this case, we will contact you about these charges before addressing your request.

Additionally, in some cases, your ability to access or control your personal information will be limited, as required or permitted under the applicable laws. If your request is denied, we will notify you in writing, with the reasons for our refusal and information on how to appeal our decision.

Nevada, California and Virginia Residents

Nevada, California and Virginia residents have the right to submit a verified request directing us not to sell your Personal Information. To submit such a request, please Contact Us.

How do we protect children’s privacy online?

Our Software is restricted and limited only to users that are above the legal age in their jurisdiction and we do not knowingly collect or store personal information from children. However, if we learn that we have collected personal information from a child without parental consent, we will delete that information as quickly as possible. If you believe that we have personal information from or about a child, please Contact Us.

How can I reach you if I have more questions, concerns, or any inquiries?

Diffchecker welcomes your comments regarding this Privacy Policy. If you would like more information on this Privacy Policy or Diffchecker’s organizational privacy policies, or if you believe that Diffchecker has not adhered to the terms of this Privacy Policy, please Contact Us, and our privacy officer will get back to you as soon as possible.