InfoVista SAS, a company organized and existing under the laws of France, registered with the Registre du commerce et des sociétés of Evry under number 334 088 275, located at 23 avenue Carnot, 91300 Massy, France (“InfoVista”), processes Personal Data (as defined below) in the course of its business activity, including the Personal Data of persons visiting the website operated by it, which is its institutional website at https://www.infovista.com/ (the “Website”).
The purpose of this “Privacy and Data Protection Policy” (the “Policy”) is to inform all concerned data subjects (“You” or “Your”) about how and why InfoVista, as the data controller, collects and uses such Personal Data and about how You may control such use.
By “Personal Data” (the singular includes the plural and vice-versa) is understood all information that permits identifying a person, either directly (ex: by his or her name, first name or date of birth), or indirectly by reference, as the case may be, to an identification number, or to one or more factors that are specific to that person, or else by cross-referencing data.
When Personal Data is “processed” this includes the use, storage, recording, transfer, adaptation, analysis, modification, notification, sharing and destruction of Personal Data as appropriate under the circumstances or as required by law.
This Policy may be updated according to particular needs of InfoVista or if the law or regulations so require. We encourage you to check for updates from time to time.
1/ Purposes pursued by InfoVista
- InfoVista collects and uses Your Personal Data for the following purposes: allowing You, at Your request, to be contacted by InfoVista and obtain, by phone or email, information about InfoVista, its solutions, products, services and events;
- allowing You, at Your request, to benefit from a product demonstration or test;
- allowing You to receive email communications tailored to Your interest, on InfoVista, its solutions, products, services and events;
- allowing You to influence InfoVista by receiving and completing surveys;
- allowing You to be contacted by phone or email to pre-book InfoVista events and set up a meeting with InfoVista at a 3rd party event;
- allowing You to be contacted, by phone or email, for sales prospections and/or solicitations tailored to Your interests;
- allowing You to submit either a spontaneous job applicationor apply for a job offer or an internship opportunity featured on the InfoVista website.
InfoVista may also use Your Personal Data for technical purposes (e.g. data deduplication), administrative purposes (e.g. sales statistics) or for any other purpose required by applicable legislation (for example, to notify You of any change made to this Privacy and Data Protection Policy).
2/ Personal Data collected
In accordance with the principle of minimization, the collection of Your Personal Data by InfoVista is limited to that which is strictly necessary for the purposes identified above.
When data that is relevant but not strictly necessary is collected, it will be marked as being optional or non-mandatory. The mandatory nature of data is marked with a symbol (“!” or “*”) accompanied by a caption indicating “required field”.
You are free to provide Your Personal Data or not. However, your refusal to provide Your Personal Data in whole or in part may make it impossible to achieve all or some of the purposes indicated above.
Personal Data may include the following, as applicable.
For the purposes of (i) receiving email communications on InfoVista, its solutions, products, services and events, and (ii) of being contacted for surveys, for the pre-booking of InfoVista events and for sales prospections and/or solicitations, the information collected is:
- Name, first name*
- Work e-mail address*
- Work phone number*
- Job Title*
It is also specified that Your Personal Data may be collected indirectly by InfoVista’s data vendors which have rightfully transferred such data to InfoVista (“Data Vendors”). Personal Data collected indirectly may include Your:
- Name, first name
- Work e-mail address
- Work phone number
- Job Title
- IP address
- Web-browsing statistics
These Personal Data originate from BrightTALK, Clara, Discover.org, ELEVATE, Hoovers, Informa, International Data Group, Lightreading, Networld Media Group, Rainking, SDxCentral, TechTarget, TMCnet are collected for the purposes set forth hereinafter.
For the purposes of being contacted by InfoVista or requesting a demonstration or test, the information collected is:
- Name,* first name
- Work e-mail address*
- Work phone number*
- Job Title*
For the purposes of submitting either a spontaneous job application or applying for a job offer or an internship opportunity featured on the website of InfoVista, the information collected to create a candidate page is:
- E-mail address* and password* (to access the candidate page)
- Résumé* and cover letter
- Choice of country(ies) by the applicant*
- Name*, first name,* date of birth*
- Address,* postal code,* town/city,* phone number*
- Position sought*, contract type sought,* location (country)*
- Level of education,* name of educational establishment/institution*
- Language 1, language 2
- Main experience and length of such experience
- Level of experience in the position sought*
- Box to be ticked “if you wish to be identified as a person with a disability”
- Source of information prompting your application*
3/ Legal basis for the processing of Your Personal Data
Your Personal Data is collected and processed by InfoVista on the basis of Your freely given, specific, informed and unambiguous consent.
Your consent is manifested by Your decision to voluntarily provide Your Personal Data when interacting with InfoVista and/or browsing on the Website and Your interactive use of it.
Whenever Your consent is required, you will be given information that is clear and in compliance with applicable legislation.
In this connection, You are informed of the identity of the data controller and of the purposes pursued by the latter, of the Personal Data collected and of the corresponding retention period, of the recipients who have access to Your Personal Data, of Your rights and of how You can exercise them.
Your Personal Data will not be transmitted to InfoVista before You have positively expressed Your clear and unambiguous consent.
For minors under the age of 16, this consent must be given or authorized by the holder of parental responsibility.
If the holder of parental responsibility discovers that the minor has provided Personal Data to InfoVista without the holder’s consent, that person may ask InfoVista to erase such Personal Data by following the procedure described in point X on the exercise of rights.
4/ Personal Data recipients
Your Personal Data being confidential, only persons who by virtue of their duties are duly authorized by InfoVista have access to Personal Data, without prejudice to the possible transmission thereof to the bodies charged with a monitoring or inspection task in accordance with applicable legislation.
All persons who have access to Your Personal Data are under a duty of confidentiality and are subject to disciplinary measures and/or other penalties if they do not comply with this duty.
These persons are authorized staff within InfoVista, as the case may be and based on their credentials, in the InfoVista marketing, commercial, finance, and IT departments, as well as the persons to whom they report.
Your Personal Data is processed in the Marketo software as a service marketing application, edited and hosted by Marketo, used by InfoVista authorized marketing persons to send You email communications, surveys, event pre-booking invitations, and score visitors of the InfoVista website.
Your Personal Data is also processed in the Salesforce.com software as a service CRM application, edited and hosted by Salesforce.com, used by InfoVista commercial authorized persons to contact You for sales prospections and/or solicitations, and accessed by InfoVista authorized marketing, commercial and finance persons for sales statistics and accounting purposes.
Your Personal Data is further processed in the CPQ software as a service application, edited and hosted by SAP, used by InfoVista commercial and finance authorized persons to edit commercial quotations at Your attention.
It is also specified that InfoVista uses the Cloudingo and Verifalia applications and services, hosted and edited respectively by Cloudingo and Verifalia for the technical administration (data de-duplication) of Your Personal Data processed in Salesforce.com.
It is also specified that InfoVista relies on the services of Clara, Deveo, Harte Hanks or other companies listed in Exhibit 1 which acts as a sub-processor for the provision of the following telemarketing services: contact You by phone or email to pre-book InfoVista events, set up a meeting with InfoVista at a 3rd party event, for sales prospections and/or solicitations tailored to Your interests.
InfoVista finally relies on the services of Azalead, which acts as sub-processor for the provision of the following services: in relation to emails sent to Your attention by InfoVista, track the emails You opened and the hyperlink included in such emails on which You clicked.
InfoVista finally exchanges Your Personal Data with InfoVista authorized resellers or managed services providers, who sub-license or service You InfoVista solutions, respectively.
In this capacity, Marketo, Salesforce.com, SAP, Cloudingo, Verifalia, Clara, Deveo, Azalead, other companies listed in Exhibit 1, along with InfoVista authorized resellers and managed services providers have access to Your Personal Data for the purposes of performing such services but can only process such data in accordance with the prior documented instructions of InfoVista.
Pursuant to all of the legal obligations applicable to it as a sub-processor, Marketo, Salesforces.com, SAP, Cloudingo, Verifalia, Clara, Deveo, Azalead, along with each InfoVista authorized resellers and managed services providers warrants in particular the security, integrity and confidentiality of the Personal Data processed on behalf of InfoVista.
In deviance from the above, Your Personal Data submitted with a Job application shall solely be accessed by InfoVista’s human resources department, as well as the person of another department who is responsible for the related job position and the persons to whom such person reports.
5/ Personal Data transfers outside the European Union
Your Personal Data may be accessed by InfoVista authorized staff located outside of the European-Union.
Your Personal Data may be processed on InfoVista servers located outside of the European-Union.
Your Personal Data may be processed on third party servers located outside of the European-Union.
6/ Security of Personal Data
InfoVista strives to secure and protect Your Personal Data, to ensure the confidentiality of such data and prevent such data from being altered, damaged, destroyed or disclosed to unauthorized third parties.
Whenever the disclosure of Personal Data to third parties is necessary or authorized, InfoVista shall ensure, as the data controller, that such third parties guarantee the same level of protection to the relevant data as that afforded by InfoVista, and require contractual guarantees to ensure, in particular, that the data is processed only for the purposes previously accepted by You, with all of the requisite security and confidentiality.
InfoVista has put in place technical and organizational measures to ensure that Personal Data is stored in the most secure manner possible, during the entire period necessary to fulfil the purposes for which such data was collected in accordance with applicable legislation.
Although InfoVista takes all reasonable steps to protect Your Personal Data, no storage or transmission technology is entirely fail-safe.
In accordance with applicable European legislation, in case of an averred breach of Personal Data that is likely to result in a high risk to the rights and freedoms of the data subjects, InfoVista may have to provide notice of such breach to the competent supervisory authority and, when required by such legislation, to the data subjects (through general or individual notices, as appropriate).
Without prejudice to the foregoing, You should exercise caution to prevent any unauthorized access to Your Personal Data.
7/ Personal Data Retention Period
InfoVista only keeps Your Personal Data for the time necessary to fulfill the purpose of collection, subject to legal archival possibilities and/or legal requirements concerning the retention of certain data.
For Personal Data communicated via the contact or request for demo forms, such data is only kept for the time necessary for the processing and proper handling of Your request and no longer than six (6) months after the date of collection, unless You have given Your express consent that such data be used for the purpose of receiving email communications on InfoVista, its solutions, products, services and events, and being contacted for surveys, for the pre-booking of InfoVista events and for sales prospections and/or solicitations. For the hiring page of the Website, Personal Data is kept during the time necessary to process the application. If an application is unsuccessful, InfoVista will erase the data or inform the applicant if it wishes to keep the applicant’s file, to give the latter the possibility of requesting its destruction. If an applicant does not request the destruction of his or her file, the data will be automatically destroyed two (2) years after the date of last contact. A longer retention period is only possible with the formal agreement of the applicant. In case of a successful outcome, data on an employee will be kept during the period of employment.
More generally, for clients who are individuals or individuals acting as legal representatives of legal persons having dealings (e.g. an active maintenance contract) with InfoVista, Personal Data is erased no later than three (3) years from the date of the end of the business relationship (e.g. end of maintenance) between the client and InfoVista, subject to any shorter periods provided by applicable legislation depending on the type of data and purposes of collection.
Similarly, Personal Data of individuals who have agreed to receive commercial solicitation is erased no later than three (3) years after the date of Your latest business interest in InfoVista’ product, services or events (e.g. open an email, visit the InfoVista website, complete an online form, meet InfoVista at an InfoVista or third-party event), subject to any shorter periods provided by applicable legislation depending on the type of data involved.
You may ,at any time, unsubscribe from all InfoVista communications, on the “Preference Center” Or “Manage Your Subscription” page of the InfoVista website, accessible directly or through a link provided in each email communication. In case You unsubscribe from InfoVista communications, Your Personal Data collected and processed by InfoVista shall be erased.
8/ Links to websites not controlled by InfoVista
The Website may provide links to third-party websites that may be of interest to You.
InfoVista has no control over the content of third-party websites or over their practices as regards the protection of any Personal Data they may collect. Accordingly, InfoVista disclaims any and all liability regarding the processing of Your Personal Data by such third parties. You are responsible for reviewing such third-party privacy and personal data protection policies.
9/ Individual rights and methods of exercise
9.1. Rights with respect to Your Personal Data
Subject to the limits provided by applicable legislation, You have the following rights with respect to Your Personal Data:
9.1.1. Right to information about the processing of the Personal Data
InfoVista strives to offer you information in a concise, transparent, intelligible and easily accessible form, in clear and plain language, on the conditions in which Your Personal Data is processed.
9.1.2. Right to access, correct and erase (or “right to be forgotten”) Personal Data
Your right of access permits you to obtain confirmation from InfoVista as to whether Your Personal Data is processed or not, information on the conditions of such processing, and to receive a copy (for any additional copy, InfoVista has the right to require the payment of reasonable fees based on the administrative costs incurred). If You make this request electronically, the information will be provided in a commonly used electronic form.
You also have the right to obtain the prompt correction by InfoVista of any Personal Data that is inaccurate.
Lastly, subject to the exceptions under applicable legislation (ex. retention required to comply with a legal requirement), You have the right to ask InfoVista to promptly erase Your Personal Data, when one of the following reasons applies:
- Your Personal Data is no longer necessary considering the purposes for which it was collected or processed;
- You wish to revoke your consent having served as the basis for the processing and there is no other basis justifying such processing;
- Your Personal Data has been the subject of unlawful processing;
- Your Personal Data should be erased pursuant to a legal requirement.
9.1.3. Right to the limitation of processing of Personal Data
Applicable legislation provides that this right can be asserted in the following cases:
- when You contest the accuracy of Your Personal Data, during the time necessary to verify the accuracy of such data;
- when the processing of Your Personal Data is unlawful but You oppose the erasure thereof and instead demand the limitation of processing;
- when InfoVista no longer needs Your Personal Data but You still need such Personal Data for the establishment, exercise or defense of legal claims.
9.1.4. Right to Personal Data portability
This right permits You to receive Personal Data You have provided to InfoVista in a structured, commonly used and machine-readable format, and to transmit such data to another controller without hindrance from InfoVista.
Whenever this is technically feasible, You may request that Your Personal Data be transmitted directly to another data controller by InfoVista.
9.1.5. Right to revoke consent to the processing of Your Personal Data
InfoVista only processes Your Personal Data with Your consent.
You may revoke Your consent at any time by using the means made available to you for that purpose (hypertext link and procedure indicated below). However, in accordance with applicable legislation, the revoking of Your consent is only valid for the future and does not affect the lawfulness of processing carried out prior to such revocation.
9.1.6. Right to file a complaint with Your supervisory authority
If, despite InfoVista efforts to protect the confidentiality of Your Personal Data, You consider that Your rights have not been respected, You have the right to file a complaint with the competent national data protection authority in your country.
9.1.7. Right to decide on what happens to Your Personal Data after Your death
Lastly, You have the right to decide on what happens to Your Personal Data after Your death by giving general or specific instructions. InfoVista agrees to comply with such instructions.
In the absence of such instructions, InfoVista recognizes that Your heirs have the possibility of exercising certain rights, in particular a right of access, if necessary for the settlement of Your estate; and a right of objection so as to close Your user accounts and object to the processing of Your data.
9.2. Contact InfoVista
For any query or request concerning this Privacy and Data Protection Policy and/or to exercise your rights as set out above, You may write to InfoVista, by electronic mail or postal mail to the addresses indicated below, enclosing a copy of Your signed identity document to:
InfoVista Legal Department
23 avenue Carnot,
91300 Massy – FRANCE
23 avenue Carnot, 91300 Massy, agrees to reply to you promptly, and in any case, within one month from receipt of Your query.
If necessary, considering the complexity and number of queries and requests sent to InfoVista, this period may be extended by two months. In such case, You will be informed of this extension and of the reasons for such extension.
If You submit a query or a request electronically, the information will also be sent to You electronically whenever possible, unless You have expressly requested otherwise.
If InfoVista is unable to respond favorably to Your query or request, it will inform you of the reasons for its taking no further action.
When browsing the Website, cookies may be placed on Your terminal (computer, mobile, tablet), subject to the choices You have previously expressed in your navigator parameters and which you may modify at any time.
A cookie is a small text file containing information about the user’s browsing on a website, the main purpose of which is to improve the user’s consultation of the website and permit access to personalized contents. Cookies may be temporary (in such case, the cookie will be deleted automatically upon closing the browser) or permanent (in such case, the cookie will remain stored in the terminal until the date it expires, that is to say a maximum of six (6) months).
InfoVista can also use the services of third-party service providers such as Google Analytics, Google AdWords, Google Plus, Google Inc. (YouTube), Google (Ad Platform), AdRoll, Perfect Audience, Azalead, Marketo Social Marketing, Facebook, LinkedIn, Twitter, Bing, Yahoo or other service providers listed in Exhibit 2, to perform services for it, and in particular to: track and analyze browsing activity on the InfoVista website to establish Your user profile for behavioral advertising retargeting purposes (showing You online advertisements based on Your previous browsing behavior), calculate marketing conversion rates.
A correlation may be made between such cookies and a personally identifiable information that may be in the possession of InfoVista or of its data sub-processors. Your IP address may enable InfoVista to personally identify You, to the extent InfoVista is already processing Your Personal Data listed in section 2 hereabove, based on Your consent to InfoVista, or to a third-party Data Vendor which has rightfully transferred such data to InfoVista.
When browsing the Website, You may decide to accept or block the placement of cookies.
You may also set Your browser settings to systematically block cookies (including cookies used for audience measurement purposes).
You may also delete cookies stored on Your terminal to permanently erase the information contained in them.
However, deleting all of the cookies used by the browser, including those used by other websites, may result in the impairment or loss of certain information and make it difficult for You to browse the Websites.
11/ Governing law and jurisdiction
InfoVista is subject to applicable European legislation on personal data protection, and in particular General Data Protection Regulation No. 2016/679 of April 27th, 2016 (“GDPR”), and to any national legislation adopted in application thereof, on a subsidiary basis, and which might apply depending on the circumstances.
InfoVista operational headquarters being located in France, the lead supervisory authority for its activities within the European Union is the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés or (“CNIL”).
In the event of a dispute which cannot be resolved amicably, the court of competent jurisdiction will be determined according to the applicable procedural rules.
Google Analytics, http://www.google.com/policies/privacy/
Google Inc. (YouTube), https://www.google.com/policies/technologies/cookies/
Google (Ad Platform), http://www.google.com/policies/privacy/
Perfect Audience, http://www.perfectaudience.com/privacy/
Marketo Social Marketing, https://documents.marketo.com/legal/cookies/