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Legal Information



PRIVACY POLICY

Last update: May 31, 2022

Progress Software Corporation, together with all of its subsidiaries and
affiliates, (“Progress”, “we”, “us”, “our” or the “Company”) is committed to
protecting the privacy of individuals who visit the Company’s web sites,
individuals who register to use our services, and individuals who register to
attend the Company’s corporate events. This Privacy Policy (the “Policy”)
describes Progress’ privacy practices in relation to the use of the Company’s
web sites and the related applications, services, and programs offered by the
Company, as well as individuals’ choices regarding use, access and correction of
personal information.

IMPORTANT NOTE FOR EUROPEAN USERS AND CUSTOMERS:

Please note that Progress is a US-headquartered company and therefore
information covered by this Privacy Policy will be hosted and stored in the
United States, which does not have similar data protection laws to the European
Union. By providing us with Personal Information, you agree to that information
being stored and processed in the United States.

This Policy applies to information practices of our websites that link to this
policy, including without limitation www.progress.com, www.ipswitch.com,
https://community.progress.com, www.telerik.com, www.chef.io,
https://kemptechnologies.com/, https://www.flowmon.com/, as well as all
international domains and subdomains and/or any other Progress owned or
controlled websites (the “Sites”). Note that the Sites may contain links to
other company websites. Please be aware that our privacy policy does not apply
to these other websites. Although Progress uses great care to select content for
our Sites, including links to websites of third parties, we disclaim any
responsibility for content that is found on these other websites. We encourage
you to review the privacy statements of the other websites to understand their
information

This Policy provides information about how Progress collects, uses, discloses
and protects the personal information (“Personal Information”) we gather when
you (i) create or access an account through any of the Sites or use the
services, including any applications, free trials or demos that we make
available via the Sites, from time to time (the "Services"); (ii) download,
install, or otherwise use any Progress software product, including any demos
related to such products ("Products"); (iii) subscribe to, access, configure, or
otherwise use any Progress hosted or software-as-a-service offering ("SaaS
Products") (iv) subscribe to or participate in any newsletter, promotion or
competition (v) submit inquiry forms, ask for a price quote, contact sales,
schedule a call with engineer, download materials or reports (vi) register for
events, webinars (vi) when you interact with chat bot which may be available on
some of our websites (vii) when you submit a form to become reseller or
distributor. The Sites, Services, Products, and SaaS Products are each referred
to herein as a "Progress Property", or, collectively as the “Progress
Properties”.

This Policy does not apply to the privacy practices governing the relationship
between our customers and their end users when our customers use our Products or
SaaS Products to collect and process data. Rather, such usage is governed by our
customers’ privacy policies, over which we have no control.

Furthermore, access to and usage of some of our Products or SaaS Products, may
entail additional privacy terms, to which you must agree before using the
specific Product or SaaS Product.

Information Gathered and Tracked by Progress Software

Progress may collect various types of information from visitors to our website
or from phone or email conversations, which are described in more detail below.
In some instances, we may combine one type of information with another type of
information and store them together in our records. In all cases, however, we
strive to limit the amount of information we collect and store to that which is
necessary to provide you the relevant services.

Organizational and Personal Information Collected

Within our Sites, you may be asked to give us personal or organizational
information in order to purchase or receive information about a Progress
Property. We may collect this information through different methods, including
(without limitation):

 * Registration Forms. We encourage all visitors to register with Progress,
   although registration is not required except for access to our premium
   content areas. The registration forms require users to give us accurate
   contact information and references to help us better serve you. You will be
   given specific account information in connection with establishing an account
   with us and it is your responsibility to keep your account credentials
   confidential at all times.
 * Order Forms and Enrollment Forms. Our order forms securely collect visitor’s
   contact information and payment information to use for order fulfillment and
   this information may be shared with our partners or resellers if that is
   necessary to fulfill your request. During the purchasing process, you may be
   given the opportunity to sign up for future e-mailings regarding our
   products, services, and promotions.
 * Registration Profile. You may also be given the option of registering a
   profile with us to store your name, purchase history, and billing information
   to make it easier for you to shop and purchase products/services from us in
   the future. You may change/cancel information relating to your profile online
   at any time.
 * Online forums and social networks. Any Personal Information that you choose
   to submit to one of our online forums, bulletin boards, blogs, recipe pages
   or social networks may be read, collected, or used by others who visit these
   community areas. You should carefully consider whether you wish to submit
   Personal Information to these forums or social networks and should tailor any
   content you submit appropriately.
 * Telephone conversations. With your consent, we may record telephone
   conversations between you and our sales and technical support representatives
   for training and quality control purposes. You will be notified at the
   beginning of any call that may be recorded and given the option to opt-out.
   Recorded calls will be stored securely and deleted when no longer required
   for the purpose they were recorded.
 * Package Registry: if your use of our Products includes the publishing of
   packages in a package registry, the name and email address of the developer
   is saved and may be shared on the Sites.

The Personal Information collected by Progress Software may include, but is not
necessarily limited to:

 * Contact information (such as your name, title, e-mail address, postal
   address, and telephone number);
 * Transactional information, including delivery details, including billing and
   delivery address where applicable;
 * User preferences;
 * IP address;
 * Financial/credit card and payment information (please see the “Third Party
   Payment Processor” section for more information);
 * Demographic information and geographic or geo-location information; and
 * Additional information as needed for our business and customer service
   purposes.

Where applicable, if you choose to access, or log in to, any Progress Software
Website using your Google, Facebook, Yahoo, or other accounts accepted by the
applicable Progress Software Websites, the third-party site may share with us
certain Personal Information.

Sensitive Information

We ask that you not send or otherwise share with us any sensitive Personal
Information, which includes but is not limited to your government-issued ID
numbers (e.g. Social Security Number or driver’s license number), racial or
ethnic information, political or religious opinions, or your health information.

In some cases, end users of our customers may need to provide Sensitive Personal
Information to our customer in order to make use of an application that uses our
Product or SaaS Product and that Sensitive Personal Information may be stored or
processed by us as a result. We process such Sensitive Personal Information in
the role of a processor on behalf of a customer (and/or its affiliates) who is
the responsible controller of the Sensitive Personal Information concerned. If
your data has been submitted to us by or on behalf a Progress customer and you
wish to exercise any rights you may have under applicable data protection laws,
please inquire with the applicable customer directly. Because we may only access
a customer’s data upon instruction from that customer, if you wish to make your
request directly to us, please provide to us the name of the Progress customer
that submitted your data to us. We will refer your request to that customer and
will support them as needed in responding to your request within a reasonable
timeframe.

Notwithstanding the above, it we ever need to handle Sensitive Personal
Information about you, we will ask your consent to do so. Once given, such
consent may be withdrawn at any time. We will not handle any Sensitive Personal
Information that we are not permitted by you to handle, or that you have not
provided us with. Any Personal Information about you that we handle will only be
accessible by those Progress personnel who have a reason to do so.

Progress Software Cookies & Analytics

Please review our Cookie Policy to learn more about our use of cookies.

Do Not Track Signals

Without a common industry or legal standard for interpreting Do Not Track (DNT)
signals, Progress Software does not respond to browser DNT signals. We will
continue to monitor further development of a DNT standard by the privacy
community and industry.

How Progress Software Uses and Shares Information

Progress Software does not sell, lease or rent the Personal Information you
share with us to third-parties. However, the information you provide may be used
by us or shared with third-parties for any of the following purposes (and please
note that not all of the uses listed below may be relevant to you):

With your consent (when required), we may use and share the Personal Information
we collect to: provide, support and improve the Progress Properties; deliver
correspondence, communications, or services, such as newsletters, events,
training, or software that you request or purchase; process orders; confirm
licensing compliance; solicit your feedback; and inform you about the Company
and the products and services of our distributors, resellers and promotional
partners.

Product-specific data collection and usage information is available in the
applicable End User License Agreement and product documentation.

Also, we may use your Personal Information as described below.

 * We may, from time to time, share Personal Information and other information
   with other companies who may provide you information about the products and
   services they offer.
 * We may analyze your Personal Information and other information in aggregate
   form which does not identify you personally. We may share this aggregate data
   with our affiliates, agents, advertisers, manufacturers, business partners,
   and to current and prospective business partners and to other third-parties
   for other lawful purposes.
 * We may share, disclose, or provide your Personal Information to third
   parties: (i) when attempting to collect a payment or debt; (ii) when required
   to combat fraud or to protect our interests; (iii) to enforce our Privacy
   Policy, our Terms of Use, or any terms of service or end user license
   agreement of Progress; (iv) when required to do so by law or in response to
   legal process or lawful requests, including from law enforcement or
   government agencies; (v) within and among our affiliates and subsidiaries; or
   (vi) as part of a merger, sale of our business or assets, or dissolution.
 * We may employ other companies and individuals to perform functions on our
   behalf. Examples may include providing hosting and network services,
   information technology support, and customer service. These other companies
   will have access to the Personal Information we collect only as necessary to
   perform their functions and to the extent permitted by law.
 * Progress may retain, aggregate, use, and resell any non-personal information
   (including other information) collected in connection with any use of the
   Sites or our products and services both during your use of the same and after
   such use has ended.
 * From time to time, we may conduct surveys regarding the website or other
   products or services. The information you provide is used collectively for
   analytical and/or research purposes. You will not receive unsolicited
   communications as a result of your participation in a survey if you notify us
   not to contact you.

Also, as you browse our Sites, our web servers collect non-personal information
about your visit for the operation and improvement of the Progress Properties,
to track Site trends and statistics, and to prevent Product license abuse. Via
server logs, we monitor statistics such as the number of visitors to our Sites,
which pages on the Sites that people visit most often and from which domains
visitors come to the Sites. While we gather this type of information, none of it
is associated with you as an individual. We use these statistics to improve our
Sites, monitor their performance, and to make it easier for you and other
visitors to use them.

Location-specific Privacy Information

If you are located in the EEA or the UK, you may submit a request relating to
your own personal data collected by Progress (including without limitation, a
request to access and/or delete your personal data) by visiting our Data Subject
Access Request Page.

If you are a resident of Brazil, Personal information, as described in this
Policy, is collected, stored, used and/or processed in accordance with Brazilian
Law No. 13,709/2018, as amended (LGPD). LGPD gives you certain rights to request
information about our processing of your personal data and the right to ask that
we delete your personal data. To exercise your rights, please visit our Data
Subject Access Request Page.

You also have the right to lodge a complaint with the competent data protection
supervisory authority in your country. If you believe we have processed your
personal information in a manner which infringes your privacy rights, we
encourage you initially to contact us as specified “Contact Us” section below or
by submitting request via our Data Subject Access Request Page.

If you are a resident of the State of California, please refer to our California
Resident Privacy Notice

Informed Consent to Data Collection and Processing

Progress will rely on current and prospective customers to determine what
information they would like to receive about our products, services and partners
and will inform all visitors to our websites of their rights regarding
information collection and tracking and provide the ability for an individual to
amend their selections in the future.

Legitimate interest to Data Collection and Processing

To the extent permitted by the applicable law we may rely on legitimate interest
or the so called “soft opt-in” to process personal data for some operations such
as improving our business and marketing practices or sending communications to
current customers who subscribed for services or prospective who enroll for free
trials, demo to provide information about the product of interest or similar for
a limited period of time where the option to object against such processing,
i.e. to opt out is always available. We may also rely on legitimate interest to
ensure network, information security, and business performance improvement.

Controlling Your Communication Preferences

Our Sites provide users with the opportunity to control what communications they
receive from us. You can go to the Progress Preference Center at any time to
change your communication preferences, including unsubscribing to the various
communication offerings at any time. However, some non-marketing communications
are not subject to general opt-out, such as communications related to product
download, sales transactions, software updates and other support related
information, patches and fixes, conferences or events for which you have
registered, and disclosures to comply with legal requirements. If you are
receiving communications from one of our partners, you should follow the
partner’s process for opting out of communications from them.

Events

From time to time, we are organizing events and other similar activities which
may be photographed as it might be indicated at the venue with an appropriate
signage. Some of the most prominent photos may be posted on our corporate
profiles on the social networks and/or corporate intranet portal to enhance
visibility and the inspiring outcomes of the event. You are always entitled to
request erasure of the photo and/or the post. However, we are not able to
control whether the attendees take or post photos or videos in a personal
context and take no responsibility for such actions.

Third Party Payment Processor

We use third-party service providers (“Payment Processors”) to manage credit
card processing. Under our agreement with service providers, they are not
permitted to store, retain, or use your Personal Information or your billing
information except for the sole purpose of credit card processing on our behalf.
In certain cases, we may have access to the last four digits of your credit card
number, its expiration date, and the billing address, which we will use solely
to assist us in providing the product or service you purchased. In addition, we
and our service providers may use any information processed pursuant to this
section at an aggregate level for internal business analyses and fraud
prevention.

Communications on the Sites

Any Personal Information or other content that you choose to submit in any forum
on the Sites may be read, collected, or used by others who visit these forums,
and may be used to send you unsolicited messages. We are not responsible for the
Personal Information or other content that you choose to submit in these forums.

Any content or Personal Information you publish on the Sites may also appear in
search engine results (such as Google, Yahoo!, and Bing), in the cache of those
search engines, in feeds, and on third-party sites pursuant to cobranding
agreements. We have no control over updating and/or removal of such content or
Personal Information, which is the sole responsibility of the search engines,
third-party sites, and RSS web feed resources. You agree and acknowledge that we
are not liable for the information published in search results or by any
third-party site that carries any content or Personal Information you publish on
the Sites. We strongly discourage your posting any content or Personal
Information that you do not want others to see or use.

We do not and cannot review all communications and materials posted to or
created by users that visit the Sites or use the Services. However, we reserve
the right to block or remove communications, content, Personal Information, or
other submissions to the Sites, for any reason, in our sole and absolute
discretion.

Our Security Practices

Progress employs industry standard security measures to ensure the security of
information. However, the security of information transmitted through the
Internet can never be guaranteed. Progress is not responsible for any
interception or interruption of any communications through the internet or for
changes to or losses of information. Users of our Sites are responsible for
maintaining the security of any password, user ID, or other form of
authentication involved in obtaining access to password protected or secure
areas of any of our websites. To protect you and your information, Progress may
suspend your use of a website, without notice, pending an investigation, if any
breach of security is suspected. Access to and use of password protected and/or
secure area of any Progress Software site is restricted to authorized users
only. Unauthorized access to such areas is prohibited and may lead to criminal
prosecution.

We have put in place physical, electronic, and managerial procedures designed to
help prevent unauthorized access, to maintain data security, and to use
correctly the Information we collect online. These safeguards vary based on the
sensitivity of the information that we collect and store. We also use
administrative, technical, and physical security measures to help protect your
personal information. While we have taken reasonable steps to secure the
personal information you provide to us, please be aware that despite our
efforts, no security measures are perfect or impenetrable, and no method of data
transmission can be guaranteed against any interception or other type of misuse.
Any information disclosed online is vulnerable to interception and misuse by
unauthorized parties. Therefore, we cannot guarantee complete security if you
provide personal information.

Service Providers

We use third-parties to assist us providing you with a variety of services while
using the Progress Properties. When you subscribe to receive any of these
services, we will share your Personal Information only as necessary with the
third-party solely for the purpose of providing that service. In addition, we
may use specialized third-parties for our subscription billing platform.

These companies may use your information to help Progress Software communicate
with you about offers from Progress Software and our partners. These companies
do not have any independent right to share this information. We will obtain your
initial consent prior to sharing your personal information. If you would like to
opt out of having your information shared with these third parties in the
future, you may Contact Us, but please note that opting out may preclude you
from licensing certain products due to our point of sale processes.

Commitment to Children’s Online Privacy

Progress Software Websites are not directed at children. Progress Software does
not knowingly accept online Personal Information from children under the age of
18. If you are under 18 or otherwise would be required to have parent or
guardian consent to share information with Progress Software, you should not
share any information about yourself. If we become aware that we have collected
personal information from a child, we will promptly delete the information from
our records. If you believe that a child under the age of 18 may have provided
us with personal information, please contact us as it is indicated below.

If you are customer who is covered by any of the children and/or student privacy
laws and you believe that the usage of some of our products may result in
processing or disclosure of children or student data to us, you need to notify
us in writing prior your subscription and to obtain the parental consents to the
extent required by the applicable laws.

Cross Border Transfers of Your Personal information

We are a corporation with operations worldwide and have developed global data
practices designed to assure your Personal Information is appropriately
protected. Please note that your Personal Information may be transferred,
accessed and stored globally as necessary for the uses stated above in
accordance with this policy.

Because Progress Software is headquartered in the United States, we may have a
need to transfer information collected from our non-U.S. customers to the U.S.
We may also have a need to transfer our customer information (regardless of
where you live) to other countries or places in which we or our
agents/contractors maintain offices or facilities.

Privacy Shield

On July 16, 2020, the Court of Justice of the European Union (CJEU) decision in
Case C-311/18 (“Schrems II”) invalidated Privacy Shield as a transfer mechanism
for data between EU and US companies. Progress will therefore rely on
alternative safeguards for the transfer of EU Personal Information moving
forward. However, Progress will continue to honor its commitments with respect
to EU Personal Information transferred in accordance with Privacy Shield and is
committed to retaining its Privacy Shield certification. Progress complies with
the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S.
Department of Commerce regarding the collection, use, and retention of personal
data provided to Progress by its customers and business partners where such data
are transferred from the European Union, United Kingdom and Switzerland to the
United States. For purposes of enforcing compliance with the Privacy Shield,
Progress is subject to the investigatory and enforcement authority of the US
Federal Trade Commission. Progress has certified to the Department of Commerce
that it adheres to the Privacy Shield Principles (the “Principles”). To read our
Privacy Shield Statement click here. To learn more about the Privacy Shield
program, and to view our certification, please visit
https://www.privacyshield.gov/list.

Progress commits to cooperate with any applicable EU data protection authorities
(DPAs), the UK Information Commissioner’s Office (ICO) and the Swiss Federal
Data Protection and Information Commissioner (FDPIC) and to comply with the
advice given by such authorities with regard to human resources data transferred
from the EU and Switzerland in the context of the employment relationship.

Consistent with the Privacy Shield Principles, Progress may transfer personal
information to third parties, including transfers from one country to another.
We will only disclose an individual’s non-public personal information to third
parties either (a) to a third party providing services to Progress, or to the
individual, in connection with the operation of our business, and as consistent
with the purpose for which the personal information was collected, (b) with the
data subject’s permission, (c) where required to meet a legal obligation, or (d)
where reasonably necessary for compliance, regulatory or other legal purposes.
Progress maintains written contracts with applicable third-parties to ensure
that they provide at least the same level of privacy protection and security as
required by the Privacy Shield Principles. To the extent provided by the
Principles, Progress remains responsible and liable under the Privacy Shield
Principles if a third-party that it engages to process personal information on
its behalf does so in a manner inconsistent with the Privacy Shield Principles,
unless Progress proves that it is not responsible for the matter giving rise to
the damage.

In compliance with the Privacy Shield Principles, Progress commits to resolve
complaints about our collection or use of your personal information. EU and
Swiss individuals with inquiries or complaints regarding our Privacy Shield
policy should first contact Progress at Privacy@Progress.com. Emails to this
address are received and reviewed by Progress’ Data Protection Officer.

Progress has further committed to refer unresolved Privacy Shield complaints to
JAMS, an alternative dispute resolution provider located in the United States.
If you do not receive timely acknowledgment of your complaint from us, or if we
have not addressed your complaint to your satisfaction, please contact or visit
https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a
complaint. The services of JAMS are provided at no cost to you.

If your complaint is not resolved through these channels, under limited
circumstances, a binding arbitration option may be available before a Privacy
Shield Panel.

Intercompany Agreements and Standard Contractual Clauses

Progress has intercompany agreements in place between our US legal entity and
each of our European subsidiary companies which incorporate the European
Commission approved Standard Contractual Clauses for the Transfer of Personal
Data to processors located outside the EEA (“SCCs”).

Where we transfer personal information from the EU or the UK to the US, or other
countries without a current EU adequacy decision, we rely on the SCCs as the
legal basis for those transfers. The SCCs are incorporated into Progress’ Data
Processing Addendum, which customers and partners are encouraged to execute and
return to Progress in accordance with the instructions in that document.

Correcting and Updating Your Personal Information

Progress may retain your information for a period of time consistent with the
original purpose of collection. For instance, we may retain your information
during the time in which you have an account to use our Sites or Services and
for a reasonable period of time afterward. We also may retain your information
during the period of time needed for Progress to pursue our legitimate business
interests, conduct audits, comply with our legal obligations, resolve disputes
and enforce our agreements.

You may request to review, correct, delete or otherwise modify any of the
personal information that you have previously provided to us through the
Progress Properties. If you have registered for an account with Progress, you
may generally update your user settings, profile, organization’s settings or
event registration by logging into the applicable Site or Service with your
username and password and editing your settings or profile. To update your
billing information, discontinue your account, and/or request return or deletion
of your Personal Information associated with your account, please contact your
account representative or the customer service team for the applicable Service.
For other requests to access, correct, modify or delete your Personal
Information, please review the “Contact Us” section below. Requests to access,
change, or delete your information will be addressed within a reasonable
timeframe. If you are an employee of a Progress customer, you may also wish to
contact your company’s system administrator for assistance in correcting or
updating your information.

Changes to Policy

Progress will occasionally update this Policy. When we do, we will post a
prominent notice in this section of this policy notifying users when it is
updated. For material changes (i.e., substantially new practices you wouldn’t
expect from us or that we didn’t previously tell you about), we may decide to
give you notice via email, in which case you will have a choice as to whether or
not we use your Personal Information in this different manner. We reserve the
right to make changes to our practices and this Policy at any time, provided
that we follow the procedures above.

If Progress goes through a business transition, such as a merger, acquisition by
another company, or sale of all or a portion of its assets, your personal
information collected through our website(s) may be among the assets
transferred. A prominent notice will appear on our website(s) for 30 days after
any such change in ownership or control of your personal information.

This Policy revises and supersedes the previous versions dated May 12, 2021,
September 23, 2020, August 12, 2019, December 10, 2018, May 3, 2016, March 16,
2016, August 1, 2014 and November 15, 2011. This Policy also replaces the Data
RPM, Kinvey, Ipswitch, Chef, Telerik, Kemp Technologies and Flowmon privacy
policies.

View previous version

CONTACT US

If you have comments or questions about this Policy, you may contact us by mail
e-mail (Privacy@progress.com) or by regular mail at:

PSC Data Protection Officer
15 Wayside Rd, Suite 400
Burlington, MA 01803
USA 

LEARN MORE

 * Privacy Center
 * Privacy Policy
 * California Resident Privacy Notice
 * Cookie Policy
 * Privacy Shield
 * Candidate Privacy Notice
 * GDPR Data Subject Access Request
 * GDPR Data Processing Agreement
 * HIPAA Compliance FAQs
 * Impressum
 * Documentation Copyright
 * Candidate Privacy Notice for California Residents

LEARN MORE

Trademarks Use Policy


CONTACT INFORMATION

PRIVACY

Questions about Progress’ privacy practices and how we handle your personal data

privacy@progress.com

COPYRIGHTS

Use of Progress Software copyrighted materials or notice of copyright
infringement

copyrights@progress.com

TRADEMARKS

Questions about or requests to use Progress Software trademarks, logos or
branding

trademarks@progress.com

GENERAL LEGAL

legal@progress.com

GOVERNANCE

bod@progress.com

SECURITY

Questions about Security, Privacy, Compliance and Due Diligence

security@progress.com
Progress

Copyright © 2023 Progress Software Corporation and/or its subsidiaries or
affiliates.
All Rights Reserved.

Progress, Telerik, Ipswitch, Chef, Kemp, Flowmon, MarkLogic, Semaphore and
certain product names used herein are trademarks or registered trademarks of
Progress Software Corporation and/or one of its subsidiaries or affiliates in
the U.S. and/or other countries. Any other trademarks contained herein are the
property of their respective owners. See Trademarks for appropriate markings.

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of Conduct Careers Offices
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YOUR PRIVACY

YOUR PRIVACY

When you visit any web site, it may store or retrieve information on your
browser, mostly in the form of cookies. This information might be about you,
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