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Privacy

Introduction

ApexSQL (“ApexSQL”, “we”, “us”, “our” or the “Company”) is a USA based software company that develops SQL Server developer and dba tools. We are located at 11312 US 15-501 N, suite 107-212 Chapel Hill, NC, 27517. To contact us, please use the following contact information:

ApexSQL
11312 US 15-501 N
Suite 107-212
Chapel Hill, NC 27517
USA
service@apexsql.com
+1 (919) 968-8444

ApexSQL respects and is committed to protecting the privacy of our Websites’ users and individuals who register to use our tools. This Privacy Policy (the “Policy”) describes what information we may collect from you when you use one of our websites: ApexSQL website, ApexSQL blog, ApexSQL knowledgebase, ApexSQL solution center, ApexSQL troubleshooting, ApexSQL TV and SQLShack (each, a “Website”), as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • on our Websites
  • in email, text, and other electronic messages between you and our Websites (including our technical support services)

It does not apply to information collected by:

  • us offline or through any other means
  • any third party, including through any application or content that may link to or be accessible from or on the Website or with our products

Please read this Policy carefully before using our Website. If you don’t agree with the policies and practices described in this document, please don’t use our Websites. By accessing and using our Websites, you agree to this Privacy Policy. Please note that we may change this Privacy Policy periodically. Please be aware that, to the extent permitted by applicable law, our use of your information is governed by the Privacy Policy in effect at the time we collect the information. If you visit the site after a change to this Privacy Policy is posted, you will be bound by such change.

ApexSQL is the data controller of the Personal Data you provide on the Websites. To contact us regarding the details, inquiries and requests related to your personal data, use any of the method listed in the Policy’s ‘Contact Information’ section

Children under the age of 18

ApexSQL Websites and products are not intended for minors (children under the age of 18) and minors are not allowed to use our Websites We don’t knowingly collect Personal Data from minors, and if we learn we processed the Personal Data of a child under the age of 18, we will remove the collected information immediately.

If you are a minor, please don’t provide any information about yourself (including, but not limited to: your name, address, phone number, email address, user name or any screenname) and please don’t register on our Websites, make purchases through the Websites or use any of the comment features of the Websites. In case you believe we processed any information of a minor, use any of the means listed in the ‘Contact Information’ section in this Policy.

Information we collect about you and how we collect it

ApexSQL collects various types of information about you, either from you directly, through third-parties (our resellers for example), or by automated means:

  • Personal information - information that personally identifies you, such as: Name, E-mail and postal address, phone number, etc.
  • Information about you on an anonymous, aggregate basis, which does not personally identify you, such as:
    • Website usage information: location (through IP address), the time and length of your visit, the pages you look at on our sites, and the site you visited just before coming to ours, equipment you use to access our Websites, etc.
    • ApexSQL tools usage information: number of product activations, the date and time of activations, activation location data (through IP address), hardware ID, etc.
    • Information related to you about your internet connection, the equipment you use to access our Websites and usage details.

The information we collect from you directly on or through our Websites are:

  • Information obtained through Websites’ forms (such as request a quote, registration form, start a chat form, etc.)
  • Records and copies of your correspondence (including email addresses), if you contact us
  • Responses to surveys we convey for research purposes
  • Basic order and transaction information (e.g. first and last name, email address) from online transactions. Please note that we do not receive or otherwise have access to end user credit card information, let alone store or in any other way retain this information
  • Your search queries on the Websites

Information provided by you on and through ApexSQL Websites

We require the Personal Information to be able to enter into and perform under the contract with you, to provide products and services, and to license the products to you (provide product keys). Refusing to provide requested information or withdrawing your consent for processing Personal Information may result in us being unable to enter into the contract with you or fulfill our obligations under the contract.

You might choose to provide personal data to be posted on public areas of the Websites, by using the commenting option on our blogs for example, or by consenting to us sharing your testimonials. Please note that personal information provided in these cases is posted at your own risks and that ApexSQL cannot be held responsible for the actions of other Websites’ users that you made your personal information available to in this manner.

Information ApexSQL collects through automatic data collection technologies

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

  • details of your visits to our Websites, specifically traffic data, location data (through IP addresses), logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access and use on the Websites
  • the number of activations for the products you have purchased
  • Information about your computer and internet connection, specifically your IP address, operating system, and browser type

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways. It helps us to improve our Websites and to deliver a better and more personalized service by enabling us to:

  • estimate our audience size and usage patterns
  • store information about your preferences, allowing us to customize our Websites according to your individual interests
  • prevent or deter software piracy and protect our intellectual property
  • speed up your searches
  • recognize you when you use and return to our Websites

Details about the automated data collection technologies and the specific cookies that we use can be found in our Cookie Policy.

Lawful basis for processing your Personal Data

Processing of Personal Information of EU citizens is lawful only if the applicable data protection law permits it. ApexSQL has lawful basis for each of our processing activities (except when an exception applies as described below):

  • Consent: By using our Websites, you consent to our collection, use, and sharing of your Personal Data as described in this privacy policy. If you do not consent to this privacy policy, please do not use the Websites.
  • Legitimate interests: We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Specifically, our legitimate interests are to: facilitate communication between ApexSQL and you; detect and correct bugs and to improve our Websites, products, and services; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime (including misappropriation of intellectual property); promote and market our business; and develop our product and services.
  • To fulfill our obligations to you under our contract: We process your Personal Data to fulfill our obligations to you pursuant to our contract with you to deliver our goods and services to you. Specifically, we use your contact information to provide you with the products, license keys, and support services that you order from us.
  • As required by law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspection, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

Special categories of information

ApexSQL does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you, such as Personal Data that reveals your racial or ethnic origin, political opinions, religious, philosophical beliefs, or trade unions membership, or the processing of data concerning your health or data concerning your sex life or sexual orientation or history of criminal convictions.

Automated decision making

ApexSQL does not use automated decision making or profiling processes on your Personal Data that might have legal and otherwise significant consequences

How we use your information

The information collected about you, including Personal Information is used to:

  • to present our Websites and their contents to you
  • to deliver requested information, products, licenses, or services
  • to deliver information about security advisories regarding purchased products or services
  • to fulfill any other purpose for which you provide it
  • to communicate with you regarding your account, including expiration and renewal notices, invoices, and receipts
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
  • to provide updates related to our Websites or any products or services you have purchased or that we offer or provide
  • to contact you about our own goods and services that may be of interest to you, including events and other activities that may be in your area or may be of interest to you
  • to allow you to participate in interactive features on our Websites
  • to contact you, when necessary, regarding the processing an order or transaction
  • in any other way we may describe at the time of requesting information
  • for any other purpose with your consent

If you wish to stop receiving marketing emails from us, you may do so at any time by clicking unsubscribe button located at the bottom of every newsletter and or promotional email we send or by sending us an email stating your request to service@apexsql.com. For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of your information

ApexSQL does not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this privacy policy:

  • to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. Specifically, these entities provide IT and infrastructure support services and payment processing services. Our online live chat support service is provided by LiveChat, Inc. and its privacy policy may be found at https://www.livechatinc.com/privacy-policy/. Our payment processor is Digital River GmbH and its privacy policy may be found at https://order.shareit.com/info/privacy_statement
  • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ApexSQL’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by ApexSQL about our Websites’ users is among the assets transferred
  • to fulfill the purpose for which you provide it. For example, if you give us a name and/or email address and post in public comments to a page, we will transmit your name and/or email address to anybody who views that comment page
  • for any other purpose disclosed by us when you provide the information
  • with your consent

We may also disclose your Personal Data:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request
  • to enforce or apply our terms of use and other agreements, including for billing and collection purposes
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ApexSQL, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction

Choices about how we use and disclose your information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for third-parties to advertise to you, our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

  • Promotional offers from ApexSQL. We may use your email address to promote our own or third parties’ products and services. If you wish to stop receiving these emails, you may do so at any time by clicking unsubscribe button located at the bottom of every newsletter and/or promotional email we send or by sending us an email stating your request to service@apexsql.com. This opt out does not apply to information provided to ApexSQL as a result of a product purchase, support emails, product service experience, for the products you have purchased from us, or other transactions.

Your rights regarding your information and accessing and correcting your information

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

  • Access and update: You can review and change your Personal Data by contacting us at service@apexsql.com. You may also notify us through the contact information below or through our Websites’ live chat features of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
  • Restrictions: You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing, but we have retained it as permitted by law.
  • Portability: To the extent the Personal Data you provide ApexSQL is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
  • Withdrawal of consent: To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by contacting us at service@apexsql.com. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
  • Right to be forgotten: You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account and revoking your licenses, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
  • Complaints: You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
  • How you may exercise your rights: You may exercise any of the above rights by contacting us through any of the methods below and through the live chat feature of our Websites. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.

Do Not Track Signals

We do not track you over time and across other third-party websites or services and therefore we currently do not honor do-not-track signals that may be sent by some browsers.

We do not track you over time and across third-party websites or other online services for any purpose. Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such signal is broadcast or received.

Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites like message boards. The information you share in public areas may be viewed by any user of the Websites.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Websites. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

Consent to Processing of Personal Data in the United States

If you are a resident of the European Economic Area (“EEA”), in order to provide our Websites, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an adequate level of protection for your Personal Data.

Your Personal Data is transferred by ApexSQL to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. By using our Websites, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Websites. To ensure your Personal Data processed by other recipients is treated in accordance with this Privacy Policy, ApexSQL uses Data Processing Agreements between ApexSQL and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third party.

Data Retention Periods

ApexSQL will retain your personal data for the entire time that you keep your account open. After you close your account and request your information to be deleted, we may retain your Personal Data:

  • for as long as necessary to comply with any legal requirement
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies
  • for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely

Changes to Our Privacy Policy

This Privacy Policy is effective as of the date stated at the bottom of this Privacy Policy. We may change this Privacy Policy periodically. Please be aware that, to the extent permitted by applicable law, our use of your information is governed by the Privacy Policy in effect at the time we collect the information. If you visit the site after a change to this Privacy Policy is posted, you will be bound by such change.

We might notify you via notice on the Websites’ home page or via email about the changes made to the Privacy Policy. You are responsible for ensuing we have an up to date active and deliverable emails address for you, and for periodically visiting our Websites and the Privacy Policy to check for any changes.

   

ApexSQL (“ApexSQL”, “we”, “us”, “our” or the “Company”) respects and is committed to protecting the privacy of our Websites’ users and individuals who register to use our tools.

This Cookie Policy (the “Cookie Policy”) provides information about different types of cookies we use on our Websites: ApexSQL website, ApexSQL blog, ApexSQL knowledgebase, ApexSQL solution center, ApexSQL troubleshooting, ApexSQL TV and SQLShack.

Please note that we may change this Policy at any time. You are responsible for periodically visiting our Websites and the Cookie Policy to check for any changes. The date that this Cookie Policy was last revised is identified at the bottom of this page.

What are Cookies?

A cookie is a small file downloaded to your device when you visit a website. ApexSQL places cookies on your hard drive when you visit our Websites. Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself to the Company, either by responding to a promotional offer, registering to download ApexSQL tools, or filling out a Web form (such as a “Request a Quote” Web form) or have previously identified yourself to the Company, you remain anonymous to the Company.

You have an option to set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, we don’t recommend this as disabling cookies may prevent you from using certain parts of our Websites. Learn more about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.

Web Beacons. Our Websites and our emails may contain web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs), which are small electronic files that allow ApexSQL to gather information related to website statistics, such as the number of page visitors, the number of email openings, etc. (with the purpose of, for example, tracking the popularity of certain website content and verifying system and server integrity).

You can learn more about your choices and how we use Personal Information in Cookies and Web Beacons, if any, by visiting our Privacy Policy.

How We Use Cookies

ApexSQL may use session-based (cookies that expire as soon as you close your Web browser) and persistent-based cookies (cookies that stay on your computer until you delete them). We use cookies and other technologies to collect information such as domain names, IP address (or the proxy server you use to access the World Wide Web), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, referring/exit web site addresses, date/time stamps associated with your usage and other data (“Other Information”) that help us improve your experience with using our Websites.

We may use cookies for various purposes, including:

  • To help you navigate ApexSQL Websites
  • To facilitate the sign up and login process for our products and services
  • To personalize your experience
  • To analyze which content is most popular
  • To provide features such as social sharing widgets and videos
  • To measure advertising and promotional effectiveness

Third Party Cookies

ApexSQL may use third-party cookies in some cases to help us understand how you use a site and ways that we can improve your experience. These cookies may track things such as how long you spend on a site and the pages that you visit so we can continue to produce engaging content.

Strictly Necessary Cookies

These cookies are necessary for the website to function properly and they enable the access to secure areas of the Websites and using the Company Services. These cookies do not store any personally identifiable information, but if you have chosen to identify yourself to the Company, the Company may place on your browser cookies containing an encrypted, unique identifier. These cookies allow us to uniquely identify you when you visit our Website again. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.

Functional Cookies

These cookies allow us to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. They may be set by us or by third party providers whose services we have added to our pages.

Functional cookies may also be used to improve the functioning and performance of our Websites, to improve and customize your interactions with the Company, and to help us provide you with more relevant messages, including marketing communications.

Targeting Cookies

These cookies may be set through our site by our advertising partners to show you ads for the Company products and services that we think may interest you on any devices you may use and to track the performance of the Company advertisements. They do not store directly personal information, but this information may be re-associated with personal information after the Company receives it.

We also contract with third-party advertising networks that collect IP addresses and other information on the Sites and Services, from emails, and on third-party web sites. These technologies may recognize you across the different devices you use, such as a desktop or laptop computer, smartphone or tablet. Third parties use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other web sites or mobile applications on any of your devices. This process also helps us manage and track the effectiveness of our marketing efforts. Third parties, with whom the Company partners to provide certain features on our Websites or to display advertising based upon your Web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.

Social Media

We also may use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work, we may set cookies through our site.

Disabling Cookies

Placing cookies can be disabled by adjusting the setting on your browser (see your browser Help for how to do this). Please note that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of ApexSQL Websites. We recommend that you do not disable cookies.

Contact Information

To Contact ApexSQL (Controller)
ApexSQL
11312 US 15-501 N
Suite 107-212
Chapel Hill, NC 27517
service@apexsql.com
+1 (919) 968-8444

Last modified: July 02, 2018