APPERCEPT LIMITED EXTERNAL GENERAL PRIVACY NOTICE

1. GENERAL

Appercept Limited are committed to complying with data privacy legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018. Looking after the personal information you share with us is very important to us, and we want you to be confident that your personal information is kept safe and secure. We also want you to understand how we may use personal information we collect before, during and after your relationship with us and the rights that you have in relation to your personal information.

2. WHO THIS NOTICE APPLIES TO

This privacy notice applies to you if you are external to our business and if we process your personal information. You may be, for example, a customer or potential customer of ours, an individual who accesses or uses our website, a customer of one of our resellers (of our products), such as Embarcadero, or an individual who otherwise has a relationship with us.

Please note that not every section of this privacy notice may relate to you, as this will depend on your relationship with us. For example, aspects only relevant to a user of our website would not apply to you unless you visit or use our website. However some parts of this privacy notice will always apply to you, for example the section on your rights and how to make a complaint.

References to you, your and yourself in this privacy notice are to either you as an individual or any organisation that you work for.

We may make changes to this notice from time to time, and if we do make changes, we will update this page with the new version. Therefore, please check this page occasionally to ensure that you’re happy with any changes. For significant changes to this notice, we will try to give you reasonable notice unless we are prevented unable to do so.

This privacy notice was last updated in February 2024.

3. WHO WE ARE

References to we, our or us in this privacy notice are to Appercept Limited, a limited company incorporated in England and Wales with registered number 07959138 and with its registered office at Christopher House, 94b London Road, Leicester, United Kingdom, LE2 0QS.

For the purposes of data protection, except where we act as a processor only, we will be the controller of your personal information. Being a controller of your personal information means that we are responsible for deciding how we hold and use your personal information. Regardless of where you are based, if you have any queries regarding your personal information, please contact us using the contact details set out in the "Contacting us" section at the end of this privacy notice.

4. PERSONAL INFORMATION WE COLLECT

We may collect the following types of personal information about you:

• Contact details: information that allows us to identify and contact you directly such as your name, address, email address, telephone number and address.
• Publicly available personal information: including any information which you have shared via a public platform, online or on social media.
• Business information: including transactions, business relationships and amounts paid or owed.
• Financial and payment information: including bank details, credit card or other payment details for the purpose of you making payments to us for our products and/or services or us making payment to you for your products and/or services.
• Account information: such as your email address, username and password when you set up an account with us, and your Embarcadero Developer Network registration details if you are an Embarcadero customer.
• Responses to surveys: we keep records of any surveys you respond to.
• Creditworthiness: we may undertake investigations into your creditworthiness in order to establish whether to enter into or continue a business relationship with you.
• Fraud prevention related information: this may include details of other transactions you have been involved in.
• How you use our products and/or services: including details relating to our delivery or performance of products and/or services to you and your receipt of the same.
• How you use our website: we collect information about the pages you look at, entry and exit data when you look at or leave our website and details of products, services, events and materials that may be of interest to you.
• IP address and other technical information: this includes your computer's or device’s IP address which allows us to track your usage of our website or applications, anonymous data collected by the hosting server for statistical purposes, unique device identifier for example your device’s IMEA number, the MAC address of the device’s wireless network interface, or the mobile phone used by the device, mobile network information, your mobile operating system, browser type and version, location, time zone setting, browser plug-in types and versions, operating system and platform and other cookie data.
• Details of the correspondence (including e-mail correspondence) you send to and receive from us and details of any queries, complaints or claims: this includes letters and emails, SMS, MMS and other electronic communications.
• Your marketing preferences: so that we know whether and how we should contact you and what is most likely to interest you.
• Social media information: including your social media handles, social media posts, information about your social media followers, information about any product/services endorsements by you and other aspects of your social media activity.
• Any other personal information you provide to us.

We will always aim to make it clear which personal information it is necessary for you to provide and which personal information is optional. However, if you are unsure as to whether you are required to provide any particular piece of personal information please ask.

SOURCES WE COLLECT YOUR PERSONAL INFORMATION FROM

We will collect personal information from a number of sources. These may include the following:

• Directly from you: when you complete forms we provide to you (including quote requests, online website enquiries) or forms provided on our behalf, when you submit orders to us for our products and/or services, when you use our website or provide information to us through our website or on the site of one of our partners, if you make a complaint, when you contact us by phone, email or communicate with us directly in some other way, when you submit support requests directly to us or to third party resellers.
• Resellers of our products: our resellers may provide us with personal information so that we can perform our contracts with them or for the purposes of the relationship between them and us, or between you and us in connection with a product or service you have purchased from a reseller.
• Our customers and suppliers (including contractors and subcontractors): our customers and suppliers may provide us with personal information so that we can perform our contracts with them or for the purposes of the relationship between us.
• Our website and applications: this includes personal information collected automatically through our websites or other applications which provide us with information about how you use them and the devices that you use to connect to them.
• Social media platforms: this includes LinkedIn and X.
• Your employer or the organisation you work for: they may provide us with your name, position, contact details and background information about you in connection with us providing our products and/or services to them or them providing us with products and/or services.
• Our professional advisors: such as lawyers, accountants, financial advisors, health and safety consultants, other consultants, surveyors and other advisors.
• Your professional advisors: such as lawyers, accountants, financial advisors, consultants, surveyors and other advisors.
• The Government, local authorities or relevant regulators: usually to assist with investigations, for example the Information Commissioner's Office or health and safety bodies.
• The police, security services and other law enforcement agencies: usually to assist with the investigation and prevention of crime and the protection of national security.

We will also collect additional personal information throughout the period of our relationship with you.

If you are providing information regarding other individuals to us, it is your responsibility to ensure that you have the right to provide the information to us.

If you are providing us with details about other individuals, they have a right to know and to be aware of what personal information we hold about them, how we collect it and how we use and may share that information. Please share this privacy notice with them. They also have the same rights as set out in the “Your rights in relation to personal information” section below.

5. WHAT WE USE YOUR PERSONAL INFORMATION FOR

The section below describes the main purposes for which we process your other personal information. The types of personal information involved and our lawful basis for being able to do process such data for the relevant purpose stated below are also set out. Which will apply will depend upon the nature of your relationship and interactions with us. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful basis depending on the specific purpose for which we are using your personal information.

Purpose: To provide products and/or services to customers and facilitate support requests

Personal information used:

• Name and contact details, publicly available information, information provided to us (e.g. on order forms), customer preferences (e.g. in relation to marketing), financial details, contractual details (e.g. services provided).

Lawful basis including (where relevant) the legitimate interest pursued:

• To enter into and perform contracts with you including as required to provide support services to you.
• Necessary for our legitimate interests. We have a legitimate interest to properly perform contracts with customers and to manage our relationships with customers.

Purpose: To make payments to and receive payments from you or the organisation you work for

Personal information used:

• Financial details and transaction and payment information.

Lawful basis including (where relevant) the legitimate interest pursued:

• To authorise payments for the contracts we enter into with you.
• Necessary for our legitimate interests. We have a legitimate interest to be paid for the goods and services you purchase from us.

Purpose: To build/develop profiles for customers or potential customers

Personal information used:

• Name and contact details, publicly available information, information provided to us (e.g. on request or enquiry forms), customer preferences (e.g. in relation to marketing or desired products and/or services), financial details and contractual details (e.g. details of services provided).

Lawful basis including (where relevant) the legitimate interest pursued:

• Necessary for our legitimate interests. We have a legitimate interest in acquiring information on products and/or services our current customers are receiving and products and/or services our potential customers may want to receive.

Purpose: To manage relationships with data subjects other than those who are customers e.g. website users and interactions via social media)

Personal information used:

• Name and contact details, website user activity, information provided to us (e.g. via telephone or email or provided via direct messaging on social media) and preferences (e.g. in relation to desired products and/or services or marketing).

Lawful basis including (where relevant) the legitimate interest pursued:

• Necessary for our legitimate interests. We have a legitimate interest in corresponding and dealing properly with all third parties with whom we come into contact with or with whom we have a relationship, not just our customers and suppliers.

Purpose: To deal with enquiries or complaints, claims, legal disputes (including those received from members of the public) or raise queries, claims, legal disputes or complaints with you or the organisation you work for.

Personal information used:

• Name and contact details, publicly available information, contractual details (e.g. services provided or received, financial details, information provided to us (e.g. on request, enquiry or complaint forms).

Lawful basis including (where relevant) the legitimate interest pursued:

• To enter into and perform contracts with you.
• Necessary for our legitimate interests. We have a legitimate interest to improve the services and/or products we provide, to ensure that we operate efficiently and to deal with any enquiries, complaints or other communications received. We also have a legitimate interest in being able to raise queries, claims or complaints of our own and to ensure that all legal claims are managed effectively.
• To defend, bring or establish legal claims.

Purpose: To deal with requests from data subjects in relation to exercising their rights

Personal information used:

• Name and contact details any other information processed by us for the purposes listed elsewhere in this section which is relevant to the request received.

Lawful basis including (where relevant) the legitimate interest pursued:

• To comply with our legal obligations under data protection laws.
• Necessary for our legitimate interests. We have a legitimate interest in ensuring that requests are dealt with properly and expediently and in constantly improving our data protection procedures and processes in relation to data subject requests.

Purpose: To maintain our website, including conducting data analytics and market research in connection with our website

Personal information used:

• Website user activity details, browser and browsing details, publicly available information, preferences (e.g. in relation to desired products and/or services or marketing), electronic identification information and information collected through cookies.

Lawful basis including (where relevant) the legitimate interest pursued:

• Necessary for our legitimate interests. We have a legitimate interest to maintain and improve the online services provide and user experience.

Purpose: To support network and system security and system auditing

Personal information used:

• Website user activity details, browser and browsing details, electronic identification information and information collected through cookies.

Lawful basis including (where relevant) the legitimate interest pursued:

• Necessary for our legitimate interests. We have a legitimate interest in ensuring the security of our IT systems and in auditing our systems.

Purpose: To monitor use of website and other communication systems

Personal information used:

• Website user activity details browser and browsing details, electronic identification information and information collected through cookies.

Lawful basis including (where relevant) the legitimate interest pursued:

• Necessary for our legitimate interests. We have a legitimate interest to monitor the use of our website to correct usage as well as to maintain and improve the online services provide and user experience.

Purpose: To carry out marketing of our products and/or services

Personal information used:

• Name and contact details, publicly available information, information provided to us (e.g. on request or enquiry forms), customer preferences (e.g. in relation to marketing or desired products and/or services), financial details and contractual details (e.g. details of services provided).

Lawful basis including (where relevant) the legitimate interest pursued:

• We may ask for your consent to process your personal information for this purpose, and you may with-draw or otherwise revoke your consent at any point.
• Necessary for our legitimate interests. If you or your organisation has purchased similar services or products from us previously, we may market similar products or services as a legitimate interest in developing our business. You have the right to opt out from such marketing at any time.

Purpose: To carry out general business administration and business management, including audits

Personal information used:

• All personal information that we process under the other processes mentioned in this section.

Lawful basis including (where relevant) the legitimate interest pursued:

• To enter into and perform contracts with yourself.
• To comply with legal obligations, for example in relation to taxation.
• Necessary for our legitimate interests. We have a legitimate interest to ensure that we operate our business properly and efficiently way and to expand our business. We also have a legitimate interest to perform our contracts with third parties.

Purpose: To prevent, detect or prosecute criminal activity

Personal information used:

• Name and contact details, publicly available information, customer activity, supplier activity or website user activity details, financial details, contractual details (e.g. services received or provided), browser and browsing details, location details, electronic identification information such as IP address and information collected through cookies.

Lawful basis including (where relevant) the legitimate interest pursued:

• To comply with legal obligations.
• To defend, bring or establish legal claims.
• Necessary for our legitimate interests. We have a legitimate interest in preventing, detecting or prosecuting criminal activity that is or may be harmful to our business or our staff.

Purpose: To maintain and improve our services and/or products, including conducting audits, data analytics and market research in connection with our product and/or services

Personal information used:

• Name and contact details, information provided to us (e.g. on request or enquiry forms), customer preferences (e.g. in relation to marketing and desired products and/or services), financial details, contractual details (e.g. in relation to services provided), website user activity details, browser and browsing details, publicly available information, electronic identification information and information collected through cookies.

Lawful basis including (where relevant) the legitimate interest pursued:

• Necessary for our legitimate interests. We have a legitimate interest to improve the services and/or products we provide.

Purpose: To arrange and manage our insurance policies as well as making claims under such policies

Personal information used:

• Name and contact details, publicly available information, information provided to us (e.g. on order forms), financial details, contractual details (e.g. services provided or received), information you provide to us, customer activity or supplier activity details and qualification information.

Lawful basis including (where relevant) the legitimate interest pursued:

• To comply with legal obligations, for example in relation to required insurances and health and safety.
• Necessary for our legitimate interests. We have a legitimate interest to maintain appropriate insurances regarding our activities and to make claims under such insurances.

Purpose: To keep records e.g. for general business purposes

Personal information used:

• All personal information that we process under the other processes mentioned in this section.

Lawful basis including (where relevant) the legitimate interest pursued:

• To comply with legal obligations, for example in relation to health and safety or taxation.
• To enter into and perform contracts with either yourself or the organisation that you represent.
• Necessary for our legitimate interests. We have a legitimate interest to keep proper records in relation to all of our activities.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose or we are legally permitted to use it for another purpose. If we need to use your personal information for an unrelated purpose, we will notify you by updating this privacy notice on our website, so please check back regularly for any updates.

We may anonymise and aggregate any of the personal information we hold (so that it does not directly identify you). We may use anonymised and aggregated information for purposes that include providing certain products and/or services to our customers, testing our IT systems, research, data analysis, improving our site and developing new products and services.

For some of your personal information, there will be a legal, contractual or other requirement or obligation for you to provide us with your personal information. If you do not provide us with the required personal information, we may not be able to properly perform our contract with you, continue our relationship with you or comply with legal obligations. For other personal information, whilst you may not be under an obligation to provide it to us, if you do not provide it then we may not be able to properly perform our services for you or provide you with our products or we may be unable to continue our relationship with you.

You should be aware that it is not a condition of any contract with us that you agree to any request for consent from us and we do not usually rely on consent as a basis for processing your personal information. However if we have asked you for consent, and you have given us your consent to use your personal information, you have the right to withdraw this consent at any time, which you may do by contacting us as described in the “Contacting us” section below.

Please note however that the withdrawal of your consent will not affect any use of your personal information made before you withdrew your consent and we may still be entitled to hold and process the relevant personal information to the extent that we are entitled to do so on bases other than your consent. Withdrawing consent may also have the same effects as not providing the information in the first place, for example we may no longer be able to carry out certain activities or continue our relationship with you.

6. AUTOMATED PROCESSING AND DECISION MAKING

Automated decision-making takes place when an electronic system uses personal information to make a decision about that person without any human intervention, which produces legal effects concerning them or similarly significantly affects them. We do not currently use this type of automated decision-making in our business in relation to you. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making unless we have a lawful basis for doing so and we have notified you.

However, as part of our processing of your personal information, your personal information may be processed using automated or partially automated means. For example, we may use automated processing so that we can send you personalised marketing communications. Any marketing you receive may relate to your browsing activity on our website or applications from your computer or other devices. Please refer to our Cookie Policy for further information.

We may also analyse your responses to marketing communications. The results of this analysis, together with other demographic information, allow us to decide what marketing materials are suitable for you and to ensure that we draw to your attention to products, services, events and offers that are tailored and relevant to you. To do so, we use software and other technology for automated processing. This allows us to provide a more personalised service and experience.

We aim to update you about products and services which are of interest and relevance to you as an individual. In addition, to help us to update you about products and services which are interest and relevance to you, we may process personal information by profiling and segmenting, identifying what our customers like and ensuring that marketing communications that we send to you are more relevant based on demographics, interests, previous order history or products and/or services requested from us and engagement with previous communications.

We may also review personal information held about you by external social media platform providers, such as the personal information available on social media platforms such as Twitter, Instagram, YouTube and Facebook.

7. WHO WE SHARE YOUR PERSONAL INFORMATION WITH EXTERNALLY

When using your personal information we may share it with third parties, but we will only do so when it is appropriate and we have a legal basis for doing so. Third parties that we may share your personal information with include:

• Any third party approved by you.
• Any third party reseller of our products, including Embarcadero.
• Service or product providers to our business, for example information technology services suppliers such as Amazon Web Services, identification agencies, equipment suppliers, logistics providers, fraud prevention organisations, marketing and public relations service providers and market research and analysis providers.
• Third parties that process personal information on our behalf and in accordance with our instructions, for example, payment service providers.
• Third parties who request referrals from us, so that third parties who are seeking services and/or products which are the same or similar to those that you provide are able to obtain your details or we may provide your details to third parties for the purposes of informing them that we provide or have provided products and/or services to you.
• Purchasers, investors, funders and their advisers if we sell all or part of our business, assets or shares or restructure whether by merger, re-organisation or in another way.
• Our legal and other professional advisers, including our auditors or any professional advisors appointed by you, for example a legal advisor.
• Social media and other online platforms where relevant to our relationship with you.
• Governmental bodies, the HSE, HMRC, any regulators (including the UK’s Information Commissioner’s Office), Companies House, the Land Registry, police, law enforcement agencies, security services, courts/tribunals.
• Insurers and insurance brokers.

We do not disclose personal information to anyone else except as set out above unless we are legally entitled to do so. We do not sell, rent or trade your personal information.

8. TRANSFERRING YOUR PERSONAL INFORMATION INTERNATIONALLY

We use third parties located in other countries other than the UK to help us run our business such as our payment service provider. As a result, personal information may be transferred outside the countries where we are located. This includes countries outside the UK or the European Economic Area and to countries that do not have laws that provide specific protection for personal information.

In certain instances, the laws in those countries may be less protective than the UK or the European Economic Area. In these cases, we will impose any legally required protections to the personal information as required by law before it is disclosed. We will also take all reasonable steps to ensure that your personal information is only used in accordance with this privacy notice and applicable data protection laws and is respected and kept secure. Where a third party processes your personal information on our behalf, we will put in place appropriate safeguards as required under data protection laws. Our standard practice is to assess the laws and practices of the destination country and relevant service provider and the security measures that are to be taken as regards the personal information in the overseas location; and we use standard data protection clauses such as European Commission or the UK’s Information Commissioner Office approved International Data Transfer Agreement or addendum to the European Commission’s standard data protection clauses.

If you require more details on the arrangements for any of the above then please contact us using the details in the "Contacting us" section below.

9. SECURITY

We have numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures will protect information in all cases. We do, however, take information security very seriously and will use all reasonable endeavours to protect the integrity and security of the personal information we collect about you.

You should take all reasonable steps to keep your personal information secure, including choosing a secure password if you have an online account with us and not disclosing your passwords or username to anybody else.

10. DIRECT MARKETING

Email, telephone and social media marketing. From time to time, we may contact you by email, post, telephone or SMS/MMS or via targeted marketing delivered online through social media and other platforms with information about products or services we believe you may be interested in.

We will only send marketing information to you in accordance with the marketing preferences set when you initially contact us, when you open your account with us, when you refresh your marketing preferences after a request from us to do so, that you otherwise tell us you are happy to receive or where you have purchased similar services or goods from us previously.

From time to time, we may ask you to refresh your marketing preferences by asking you to confirm that you consent to continue to receiving marketing information from us.

You can let us know at any time that you do not wish to receive marketing information by sending an email to us at support@appercept.com or by using the details set out in the "Contacting us" section below. You can also unsubscribe from our marketing by clicking on the unsubscribe link in any electronic marketing messages we send to you. This will not stop service messages such as order updates and other non-marketing communications from us. It will also not affect marketing or advertising that may appear on our website, applications or other websites.

11. HOW LONG DO WE KEEP PERSONAL INFORMATION FOR

We will keep your personal information for as long as is necessary for the purpose for which it has been obtained and then for an additional period to cover the risk of a potential dispute or claim arising. The limitation period for claims is typically either 6 years or 12 years depending on the type of claim, and therefore we have determined that the additional period for which will be retain your personal information will typically be a period of either 7 or 13 years, the extra year being necessary to ensure that relevant personal information is available if claims are initiated before the applicable 6 or 12 year limitation period, but not received by us until afterwards. We have set out below the main retention periods which will apply:

• For individual contacts at customers and suppliers this will be for as long as we have a contract or relationship with that customer or supplier and then generally for a period of 7 years afterwards.
• For other persons whose personal information is processed as part of the provision of our products and/or services to our customers, it will generally be a period of 7 years after our relationship with the relevant customer ends.
• For customer or supplier accounting information or other related information this will be for as long as we have a contract with that customer or supplier and then generally for a period of 7 years afterwards.
• For marketing contacts it will be until we receive confirmation of your wish to opt-out of marketing communications or if no such opt out is received, it will generally be a period of 3 years after we were last in contact with you.
• For website and applications users it will generally be a period of 7 years after you last used our website or applications.
• For individuals seeking information, making complaints or otherwise corresponding with us it will generally be 7 years from the date of the correspondence.
• For individuals attending an event (such as a marketing event) it will generally be a period of 7 years after the event.
• For the retention of cookie data, please refer to our Cookie Policy.

Whichever time period applies, we do not guarantee to retain your personal information for the whole of the periods set out above; they are usually the maximum period, and in some cases, we may keep your personal information for a much shorter period.

However where any personal information becomes relevant to legal proceedings or an investigation, then it may be retained for longer periods than those set out above and retained for as long as it remains relevant to the legal proceedings or investigation.

It is important to ensure that the personal information we hold about you is accurate and up-to-date, and you should let us know if anything changes, for example if you move position or work for a different organisation or change your phone number or email address. you can contact us by using the details set out in the “Contacting us” section below.

To the extent that we act as a processor, we will only process personal information required to be processed pursuant to that role for as long as is necessary in order for us to carry out our duties and obligations as a processor.

12. YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION

You have the following rights in relation to your personal information:

• the right to withdraw any consent you have given to us in relation to our use of your personal information;
• the right to be informed about how your personal information is being used;
• the right to access the personal information we hold about you;
• the right to request the correction of inaccurate personal information we hold about you;
• the right to request the erasure of your personal information in certain circumstances;
• the right to restrict processing of your personal information where certain requirements are met;
• the right to object to the processing of your personal information;
• the right to object to us sending you direct marketing materials;
• the right to request that we transfer elements of your information either to you or another service provider in certain circumstances; and
• the right to object to certain automated decision making processes using your personal information.

You should note that some of these rights, for example the right to require us to transfer your information to another service provider or the right to object to automated decision making, may not always apply as they have specific requirements and exemptions which apply to them and they may not apply to personal information recorded and stored by us. However some have no conditions attached, so your right to withdraw consent or object to processing for direct marketing are absolute rights.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Whilst this privacy notice sets out a general summary of your legal rights in respect of personal information, this is a very complex area of law. More information about your legal rights can be found on the UK Information Commissioner Office’s website at https://ico.org.uk/for-the-public/.

To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the "Contacting us" section below.

If you are unhappy with the way we are using your personal information you can also complain to the UK Information Commissioner’s Office or your local data protection regulator. For complaints to the Information Commissioner’s Office, please see https://ico.org.uk/make-a-complaint/. However, we are here to help and we encourage you to contact us to resolve your complaint first. If you are based outside of the UK, you may have the right to complain to your local data protection regulator.

13. CONTACTING US

In the event of any query or complaint in connection with the information we hold about you or in connection with this notice, please email our us at info@appercept.com or write to us at Appercept Limited, Christopher House, 94b London Road, Leicester, United Kingdom, LE2 0QS.