PRIVACY POLICY

 

Logicworks adheres to strict privacy guidelines with respect to all individuals who visit this Website, provide personal information to the company via this Website, or contacts us via the avenues on this Website. This statement details Logicworks’ methods of collection, storage, and usage of information.

1.DEFINITIONS

·“Visitor” or “you” means any individual or entity who visits Logicworks’ Website, whether they are a customer or not.

·“Customer” means an individual who is a client of Logicworks.

·“Data Controller” means a party or entity that determines the purposes and means of processing of Personal Information. A company functions as a Data Controller when it decides how such data is to be used and uses it accordingly.

·“Data Processor” means a party or entity that processes Personal Information on behalf of a Data Controller. With respect to Personal Information, processing includes collecting, recording, organizing, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, dissemination or otherwise making available, aligning or combining, blocking, erasing or destroying the information.

·“Personal Information” means any information or set of information that identifies or could be used by or on behalf of Logicworks to identify an individual. Personal Information does not include information that is encoded or anonymized, or publicly available information that has not been combined with nonpublic Personal Information.

·“We”, “us” or “the company” refers to Logicworks.

·“Website” means Logicworks’ Website at www.logicworks.net.

2.THE INFORMATION WE COLLECT

A.PERSONAL INFORMATION

Logicworks collects Personal Information from Visitors and Customers via interactive tools and forms located on Logicworks’ Website. Logicworks’ interactive forms and tools include, but are not limited to, LivePerson Chat, Contact Us, and Build A Solution. Logicworks does not collect, store, or use any Personal Information without an individual’s prior consent. Logicworks only collects, stores, and uses Personal Information in accordance with this policy. Personal Information that may be collected by Logicworks includes the following:

  • individual names;
  • company names;
  • reasons for contacting Logicworks;
  • information regarding Visitors, Customers, and their companies;
  • addresses, phone numbers, facsimile numbers and email addresses;
  • product and service preferences;
  • service orders and maintenance requests;
  • billing and transaction information; and
  • other information relevant to conducting business with Logicworks or becoming a customer of Logicworks.

Personal Information is not collected from individuals unless they consent to provide such information to Logicworks. However, if a Visitor arrives at Logicworks’ Website via a search engine, referral tool or forum, certain Personal Information may be transmitted to Logicworks by a third party. Logicworks will use and store that information, if any is received, in accordance with this policy.

B.OTHER INFORMATION

Logicworks also collects standard information from Visitors using automated tools. These automated tools collect information such as a Visitor’s browser type and language, Internet service provider, Internet protocol (IP) address, access dates and times, Web pages viewed, search information, and other similar statistics. The automated tools used by Logicworks to collect this information include, without limitation, Web beacons, cookies, embedded Web links and other commonly used information-gathering tools.

·A Web beacon is an invisible file located on a Web page that is used to track a visitor’s navigation of a Website. The Web beacon may communicate with your computer to determine, among other things, whether you have been to a page on Logicworks’ Website before or viewed a particular online advertisement.

·A cookie is a small data file saved on your computer by a Website that you visit. Logicworks uses cookies to identify return visitors to its Website. You can set your browser to warn you before accepting cookies, and you can choose to refuse cookies by turning them off in your browser. You do not need to enable cookies in your browser to visit Logicworks’ Website.

·An embedded link is a link to a Web page that may be located in an email you receive from Logicworks. If you click on an embedded link, Logicworks may collect information about the interaction that follows, and this information could be connected to your identity. If you do not want Logicworks to collect information about the links you click, you can opt to receive text-based emails or you can choose not to click links in an email from Logicworks.

3.EXTERNAL LINKS

Logicworks’ Website includes links to external Websites. Among other things, these links may lead you to white papers, reference articles, agency or authority Websites, press releases, customer Websites, and the Websites of Logicworks’ preferred vendors. Logicworks does not transmit any Visitor information to these sites. Logicworks has no control or authority over the privacy policies of any third parties. Visitors should read the privacy policy of any externally linked websites for more information.

4.USING THE INFORMATION WE COLLECT

The information we collect is used to provide services and products to Customers, process payments, diagnose problems with a Customer’s hosting environment, provide access to secure areas of this Website (i.e., LogicOps), personalize a Visitor’s experience on this Website, configure marketing and outreach programs, compile anonymous statistics for the purpose of improving the Website, track the number of times advertisements and emails are viewed, correspond with potential new customers (subject to their consent), and update services on a periodic basis.

As a managed hosting, networking and security services provider, Logicworks occasionally provides log monitoring services to Customers. These services involve monitoring a Customer’s data to ensure its integrity. This data is located in customer database and storage layers, and it may include Personal Information. Logicworks does not use or have control over this information, and Logicworks only stores logs that relate to its integrity but contain no Personal Information.  Logicworks is not responsible for how Customers process or use data within their environments.

5.DISCLOSING THE INFORMATION WE COLLECT

Except as otherwise provided in this privacy statement, Personal Information is for internal use and will not be communicated to a third party. Notwithstanding the foregoing, Logicworks may disclose Personal Information under the following circumstances:

·Logicworks may transfer a Customer’s Personal Information to unaffiliated entities who provide products and services that complement those provided by Logicworks. No Personal Information is disclosed to these entities without a Customer’s prior consent. When data is transferred to such entities, it is handled in accordance with the Onward Transfer section below.

·If Logicworks, or substantially all of its assets are acquired, customer information will be one of the transferred assets.

·Logicworks will also release Personal Information when we believe its release is appropriate to comply with the law; to enforce or apply Logicworks’ acceptable use policy and other agreements; or to protect the rights, property, or safety of Logicworks, our Customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

If Logicworks otherwise desires to transfer information about you to third parties, you will first receive notice and the information will not be transferred without your prior consent.

6.ACCESS, INQUIRIES AND REVIEW

Logicworks will answer questions regarding the collection, storage and use of Personal Information that we collect from this Website. You may request that we correct, delete, or restrict the use of your information by contacting Logicworks in writing via email at info@logicworks.net, or via U.S. mail or nationally recognized courier (i.e., FedEx or UPS) at:

Attn: Privacy Department
Logicworks Corporation
155 Avenue of the Americas
Fifth Floor
New York, NY  10013

7.MINORS

Logicworks does not knowingly collect information from or about children under 13 years of age.

8.SENSITIVE INFORMATION

Logicworks does not collect Personal Information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, information about social security benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings.

9.LOGICWORKS AS A DATA PROCESSOR

Logicworks acts only as a Data Processor with respect to Personal Information that is collected, stored or used by its Customers. Logicworks’ sole function is to provide the limited technical support needed to run Customers’ systems on Logicworks’ servers for the benefit of those Customers. In accordance with the provisions of Safe Harbor’s FAQ 10 – Article 17 contracts, Logicworks has entered into a contract with each one of its customers that defines its obligations with respect to Personal Information. Under the terms of each contract, Logicworks is obligated to process the data only in accordance with instructions from each Customer and to provide an appropriate level of security for the data.Thus, Logicworks is not required to apply the safe harbor principles to this information because the Data Controller in the European Union remains responsible for it vis-à-vis each respective individual in accordance with the relevant EU provisions (which may be more stringent than the equivalent Safe Harbor principles).

Since Logicworks is a service provider acting as a Data Processor to its Customers (i.e., by providing network, security and hardware infrastructure), this Privacy Policy does not cover Customer transactions or obligations within their networks. Logicworks does not have the authority to access or use the Personal Information in these systems. Customers are responsible for following all necessary legal, corporate and ethical guidelines within their environments and Logicworks cannot be held responsible for how clients use information received over their networks or transmitted over Logicworks’ network.

10.LOGICWORKS AS A DATA CONTROLLER

Logicworks only collects Personal Information from individuals in the European Union on an at-will basis. For Personal Information that Logicworks collects as a first party from subjects in the European Union, the company adheres to Safe Harbor principles (Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement) as outlined in this Privacy Policy.

A.NOTICE

Where Logicworks collects Personal Information directly from individuals in the European Union, before collecting the information it will inform them about the purposes for such collection, the types of non–agent third parties to which Logicworks discloses that information, the choices and means, if any, Logicworks offers individuals for limiting the use and disclosure of their Personal Information, and how to contact Logicworks.  Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information, or as soon thereafter as possible. In no event will Logicworks use or disclose such information for a purpose other than that for which it was originally collected.

B.CHOICE

Logicworks collects Personal Information from Visitors who opt to provide the information to Logicworks on its Website, meaning that Logicworks does not collect Personal Information without first obtaining the individual’s consent. Logicworks will not proceed to collect data without the express (“opt-in”) consent of the individual.Moreover, Logicworks adheres to this Privacy Policy with respect to all such information.

C.ONWARD TRANSFER

Logicworks discloses Personal Information externally only as set forth in Section 5 above.Logicworks takes all possible steps to ensure that its agents and partners respect and follow both the Safe Harbor and company privacy policy when handling data from EU individuals. For example, Logicworks may have a contract obligating the agent or partner to provide at least the same level of protection as is required by the relevant Safe Harbor principles. Logicworks is not responsible for agent or partner handling of Personal Information from EU individuals.

D.ACCESS

Logicworks will answer questions regarding all Personal Information that we have collected. Upon request, Logicworks will grant an individual access to his or her Personal Information, or correct, amend, or delete that information where it is inaccurate, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.

E.SECURITY

Logicworks takes comprehensive measures to ensure proper handling of EU individuals’ data. These steps include employee training, periodic reviews, assessment and implementation of new (or applicable) technologies and purging of data, encryption, firewalls and restrictions on access. In addition, all personal data is located in data center facilities with enhanced security features. All data is safeguarded to established security standards. Due to the nature of the Internet, however, Logicworks cannot guarantee the security of personal data.

F.DATA INTEGRITY

We take reasonable measures to ensure that any Personal Information collected isrelevant for the purposes for which it is to be used. Logicworks does not process Personal Information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. To the extent necessary for those purposes, steps to ensure that data is reliable for its intended use, accurate, complete, and current.

G.ENFORCEMENT

Logicworks reviews and updates this Privacy Policy periodically. We also perform periodic audits to ensure that our processes adhere to this policy. Individuals with complaints or inquiries should contact us via email atinfo@logicworks.net or at the physical address set forth above in section 5 of this Privacy Policy. If a query or investigation is opened, Logicworks will make all reasonable attempts to resolve the issue within the scope of this Privacy Policy.

Logicworks will cooperate with European Data Protection Authorities, the U.S. Department of Commerce, the U.S. Federal Trade Commission, relevant state or provincial agencies, and law enforcement and judicial authorities in investigating any privacy complaints or suspected violations of privacy laws or Logicworks’ Safe Harbor commitments, as well as in rectifying any noncompliant practices.

Employees or contractors who violate the terms of this Privacy Policy may be subject to disciplinary consequences up to and including termination of employment or termination or non-renewal of contract, in addition to any other legal measures that may be taken by Logicworks, its clients, or the affected individuals and their representatives.

11.LIMITATIONS

Logicworks is not responsible for how our Customers handle Personal Information. This policy is limited by applicable legal, regulatory, ethical, or public interest consideration, and as expressly permitted or required by any applicable law, rule, or regulation. In addition, Logicworks reserves the right to disclose Personal Information reasonably related to the sale or disposition of all or part of its business.

12.CHANGES

This Privacy Policy may be amended from time to time. All amendments will be consistent with the Safe Harbor principles. A notice will be posted on Logicworks’ Website regarding any changes. You should check this Website frequently for changes to this Privacy Policy.