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Privacy Notice Terms

ABBYY FlexiCapture Cloud Privacy Notice

This Privacy Notice (“Privacy Notice”) governs your use of the ABBYY FlexiCapture Cloud Service and the Website, made available by ABBYY USA Software House, Inc. (“ABBYY”) and together with its Vendors (as defined in Section 7.1, below) collectively referred to as “we” or “us”.

This Privacy Notice is applicable only to the ABBYY FlexiCapture Cloud Services (the “Service”) and the Website located at https://flexicapture.com and https://services.flexicapture.com (the “Website” or the “Site” and, together with the Service, the “Services”). No other Privacy Notice of ABBYY is applicable to the Services. We may update this Privacy Notice from time to time and you should check the revision date of the Privacy Notice from time to time to see if it has been updated.

ABBYY is committed to maintaining your privacy. This Privacy Notice outlines ABBYY’s privacy practices with respect to the Services, including the types of information that you may provide to us, how we use such information and the choices you have regarding our use of that information. We may collect the information through the Website; when you register or use the Services through computers or mobile devices; through our online support services; or through email messages that we send to you, or offline, such as when you contact our user service line or email support FC_cloud_support@abbyy.com. By instructing us to provide the ABBYY Service and/or using the ABBYY Website, you signify your acceptance of the terms of this Privacy Notice.

1. Notice

1.1. The Types of Information You May Provide. Information you may provide or that we may collect from you in connection with the Services falls into four broad categories: (i) Personal Data, (ii) Activities Information, (iii) Anonymous Information and (iv) Other Confidential Information.

1.2. Personal Data. We use the term “Personal Data” to mean any information that could reasonably be used to identify you, including but not limited to your name, e-mail address, login and password. Please read this Privacy Notice carefully before providing us with any Personal Data.

1.3. Activities Information. We use the term “Activities Information” to refer to information collected by so-called “persistent identifiers” such as cookies, web beacons and other similar technologies. Unlike Personal Data, Activities Information does not directly identify a particular person; the information, however, is or can potentially be linked to a particular computer or device. Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Site.

1.4. Anonymous Information. “Anonymous Information” is information that does not identify you, and may include general statistical or aggregated information concerning, for example, your use of our Services, such as your access to content on the Website, or the pages on our Site that you visit most frequently.

1.5. Other Confidential Information. We use the term “Other Confidential Information” to refer to any data, information, or material uploaded or submitted by you (or any individuals who are authorized by you to use the Services) except Personal Data that may be uploaded by you when using the Services and may be related to the privacy of others. Our use of Other Confidential Information is governed by the ABBYY Terms of Service, which may be found at https://flexicapture.com/terms-of-service. This Privacy Notice does not apply to Other Confidential Information.

2. Choice and consent

We have structured the Website so that you may visit certain pages and/or access certain marketing content without revealing your identity or providing any Personal Data. Please read this Privacy Notice carefully. Providing your Personal Data to us through the Services as well as by clicking the checkbox on the registration form accepting this Privacy Notice confirms your agreement to the terms and practices of this Privacy Notice. You also confirm your agreement and understanding of how Your Personal Data may be processed, including collection, recording, systematization, storage, rectification, retrieval, use, transfer, anonymization, blockage, erasure and destruction, in accordance with this Privacy Notice.

2.1. Receiving Electronic Communications from Us. You can opt-in to receiving bulletins, updates, or other Services marketing-related materials by clicking on the subscribe link on the Website or other email communications to you.You may opt-out of receiving bulletins, updates, or other Services marketing-related materials to which you have opted-in by clicking on the unsubscribe link on the bottom of each marketing communication (please indicate your name and your email address connected with it so that we can identify you).

2.2. Effect of Opt-Out. If you opt out of receiving electronic marketing communications from us pursuant to Section 2.1, please be advised that your election will be implemented only with respect to the marketing communications and will not operate as your opt-out election for any communications in relation to Services or sharing of your Personal Data with respect to any other products or services offered or supported by ABBYY to you as these are required for the provision of the Services or any products.

2.3. Exceptions. Please understand that if you choose not to receive marketing-related electronic communications from us, we may still send you important administrative messages, such as notices concerning operation of the Services or your orders, and legal and other notices concerning your use of the Services. You cannot opt-out from receiving administrative messages.

3. Collection

3.1. Our Collection of Personal Data. “Personal Data” means information relating to an identified or identifiable natural person and any sensitive or special categories of data including data relating to an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic, biometric, health, sex life or sexual orientation, criminal convictions or offences, or as otherwise defined under applicable data protection laws. We collect Personal Data from you. Personal Data may be collected as part of the normal operation of our Services. If you submit any Personal Data relating to other people to us in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.

The following further explains the Personal Data that may be collected by us:

3.1.1. Registration Information. If you register with us in order to use Services, receive technical support, or receive information and discounts on newer versions and updates for our Services and other benefits we may provide, we collect your Personal Data, such as email address and password, and any other Personal Data submitted by you in the Registration Form. We also collect your user ID in our Service. If you do not register, we will be unable to provide you with the Services or with technical support. The registration information we collect may vary, but we only collect the information that you manually enter into our forms.

3.1.2. Email Addresses. You may wish to contact us or provide us with comments and feedback concerning our Services. If you do, you should provide us with your email address and other Personal Data.

3.1.3. Questionnaires and Surveys. Our Website may allow you to participate in optional surveys and questionnaires from time to time to help us improve the Services and our products. We may ask that, in addition to providing your responses, you also provide Personal Data. You may opt-out of receiving such surveys and questionnaires.

3.1.4. Offline. We may collect Personal Data from you offline, such as when you call us seeking user service or technical support.

3.2. Our Collection of Activities Information. We gather information from your computer or handheld or mobile device when you visit our Site, whether you register for an account with us or not. We encourage you to register with us to take advantage of our many personalization features. However, you may choose not to register and take advantage of features of our Site where registration is not required. You may still use the Site, but some of the features and functionality may be limited or not available. If you do not register, then the information we collect from you is limited to the information described below.

We collect Activities Information about your activity with respect to our Services. The following further summarizes the Activities Information that may be collected:

3.2.1. IP Addresses; Logs; Other System Information. We may automatically receive and record information in our server logs from your browser or device (including but not limited to your computer system, mobile device), including your IP address (the Internet address of your computer). Anytime you visit our site, we collect your IP address to help diagnose problems with our server, administer our site and track site usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on the type of Internet connection (e.g., cable modem or DSL). Either way, it would be extremely difficult for us to identify you through your IP address by itself, and we make no attempt to do so. We may also automatically receive and record information in our server logs from your browser or device, your computer's name, the type and version of your web browser, referrer addresses, device manufacturer and model, language, name and version of the Services  you are using and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information about use of the Services. In addition, we may collect information about the presence of any software that our Services may require to operate with your computer or device, or other third party software on your computer or device, for product development and user service purposes.

3.2.2. Information About Your Use of the Site. We use a third-party service provider that collects information regarding your use of the Site, such as pages visited, links clicked, non-sensitive text entered and mouse movements, as well as your IP address, referring URL, browser, operating system, cookie information and Internet Service Provider. The service provider uses this information to show us how you and other visitors use the Site, so that we can identify problems and improve the Site.

3.2.3. Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. You can control how and whether cookies will be accepted by your web browser, and you may remove them from your computer at any time at your discretion. We recommend, however, that you accept and leave cookies on as they enable you to utilise some of our features or services.

List of cookies that we currently use:

(a) ‘session-state cookies’ and persistent cookies of Google Analytics, Marketo, Yandex Metrica to collect information about how users interact with a website and to track visitor and prospect activities on the website and lead connection; and;

(b)cross-domain google analytics cookies (conversion cookies);
(c) persistent ABBYY cookies to collection location information;

(d) Optimizely cookies for A/B testing

Google Analytics

ABBYY uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies" - text files that are stored on your computer and enable analysis of your use of the Website. The information generated by the cookie about your use of this Website is usually transferred to a Google server and stored there. In case of an activation of the IP anonymization on the Website, your IP address will be truncated within Member States of the European Union or in states of the European Economic Area. Google will use this information to evaluate your use of the Website, compiling reports on Website activity and providing other with Website and internet related services to the Website operator. Google Analytics has undertaken that your IP address will not be merged with other data from Google. You may refuse the use of cookies by adjusting your browser software; however, you should be aware that if you choose that option, you may not be able to use all features of this Website to their full extent. You can also prevent the data being generated by the cookie about your use of the Website to Google (including your IP address) and the processing of these data by Google, by downloading and installing a browser plugin which is available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en-GB. For more information on Terms of Use and Privacy Policy of Google, we refer to http://www.google.com/analytics/terms/ or to https://www.google.de/intl/en-GB/policies/.

3.2.4. Email Click-Throughs. We may send email messages, which use a “click-through URL” linked to content on the Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. If you prefer that we do not learn that you have clicked on the link, simply do not click text or graphic links in the email. 

4. Use

4.1. Our Use of Personal Data. We may use Personal Data as follows.

4.1.1. Provision of the Services. We use your Personal Data to provide the Services to you, including to respond to your inquiries, fulfill your requests and provide you with related user service.

4.1.2. Administrative and Informational Notices and Bulletins; Marketing. We may send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies. Periodically, if you opt-in to receive marketing communications, we may also send news, bulletins, marketing materials, or other information to you in the interest of improving our products and services, and developing and offering new products and service, subject to your choice with respect to marketing email communications, as provided in Section 2 above. Once you register, we may also use registration information to periodically contact you with news or important information about your account, to provide you with information on our special offers, our products or services that we think may be of interest to you, to communicate about, and administer your participation in, special events, programs, surveys, and other offers or promotions, or to request your feedback on our Site. 

4.1.3. Other Business Purposes and Protecting Rights. We may use Personal Data as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others (e.g. to protect against fraud or for risk management purposes or comply with prudent legal practice as we may determine, and applicable law or legal process); and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

4.2. Our Use of Activities Information. We use Activities Information as follows. We may also use or disclose Activities Information for any purpose, to the extent permitted by applicable law, including the purposes of administering our Site and for internal operations (e.g., troubleshooting, data analysis, testing, research, statistical and survey purposes), the improvement of our site to ensure that content is presented in the most effective manner for you and for your computer, allowing you to participate in interactive features of our Service, when you choose to do so, keeping our Site safe and secure, measuring or understanding the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you, making suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.

4.2.1. IP Addresses; Logs. General statistics and tracking information will be aggregated with that of other users in order to understand how the Website is being used, and for security and monitoring purposes.

4.2.2. Cookies. We may use cookies to provide you with a tailored user experience and to make it easier for you to use the Website upon a future visit. We use cookies to recognize you when you return to the Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.

We use session cookies (see category (a) in section 3.2.3 above) to allow us to track your actions during a single browser session, for example to remember the items returned from a search. They do not remain on your device beyond your session, such cookies are also used for A/B testing to compare two versions of a webpage to determine which one performs better (see category (d) in section 3.2.3 above).

We use persistent cookies. It remains on your device between sessions and allow us to authenticate you and to remember your preferences. We also use them to balance the load on our servers and thus to enhance your experience on our website.

Session and persistent cookies can be either first or third-party cookies - a first-party cookie is set by the website being visited. A third-party cookie is issued by a different website to that being visited.

Our website uses a mixture of first-party, session and persistent cookies to deliver its services efficiently and to enhance your experience.

You may refuse to accept a cookie from us by following the procedures specific to your web browser or by adjusting the use of advertising identifiers on mobile devices through the settings on your device. If you disable our cookies, you may find that your browser reacts strangely when visiting our site, and some portions of the site may not work properly if you refuse cookies. 

4.2.3. Tags. We may use so-called “pixel tags” — small graphic images (also known as “web beacons” or “clear GIFS”) — to tell us what parts of the Website have been visited or to measure the effectiveness of searches users perform on our Site. Pixel tags also enable us to send email messages in a format users can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest.

4.2.4. Click-Throughs. We track click-through data to help determine interest in particular topics and measure the effectiveness of our user communications.

4.2.5. Computer Configuration. We use the information collected about your computer configuration or configuration of your mobile device(s) to determine if your computer is compatible with the system that operates the Services.

4.3. Our Use of Anonymous Information. We may use and disclose Anonymous Information for any purpose, including to analyze the effectiveness of the Site and to improve our Services.

5. Retention and disposal

  1. ABBYY retains Personal Data for the period of time needed to fulfill the purposes outlined in this Privacy Notice, including to provide the Services to you and maintain ABBYY’s user records, unless a longer retention period is required or permitted by law. Please note, when we no longer need to retain your Personal Data, it will be destroyed or anonymized in a manner that designed to preserve its private and confidential nature. Complete removal may not be immediate, however, and in some instances, archival copies may be impossible to delete.

6. Access and correction

  1. If you would like to review, correct, update, or delete Personal Data you have previously provided to us, please contact us as provided in Section 17 (Contact Us). In your request, please make clear what Personal Data you would like to have changed or what other limitations you would like to put on our use of Personal Data you have provided to us. We may request information from you for purposes of verifying your identity before fulfilling such requests. While we will try to comply with your requests to delete your Personal Data from our databases, please understand that it may not be technically or commercially feasible to remove this information completely. We will try to comply with your requests made in accordance with this section as soon as reasonably practicable. If you would like to cancel your ABBYY FlexiCapture Cloud registration or you are interested in carrying your Personal Data over to another provider (data portability), please see Section 18 (Cancelling Your Registration/Data Portability).

7. Disclosure to third parties

  1. We may disclose your Personal Data in the following ways:

7.1. Vendors. ABBYY will share your Personal Data with ABBYY affiliates and  third parties engaged to provide the Services to you, such as hosting or maintaining the Website, providing services related to the Services, collecting information, responding to and sending electronic mail, or other functions necessary to the provision of the Services (“Vendors”). We may aggregate Personal Data from all of our users and provide that information in the aggregate form to manufacturers and advertisers, for marketing and promotional purposes. However, if we do so, that information will be anonymized so as not to be personally identifiable. We are not selling your Personal Data and do not use it for other purposes which are not set-out in this Privacy Notice.

7.2. Protecting Rights. ABBYY will cooperate with legal authorities, and may in some circumstances be required to disclose Personal Data in response to requests from law enforcement or other regulatory authorities, or in response to a subpoena or other legal process.We may disclose Personal Data as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to respond to requests from public and government and other authorities, including such authorities outside your country of residence; (c) to enforce our terms and conditions; (d) to protect our operations and business interests; (e) to protect our rights, privacy, safety or property, and/or that of you or others (e.g. to protect against fraud or for risk management purposes or comply with prudent legal practice as we may determine, and applicable law or legal process); (f) to allow us to pursue available remedies or limit the damages that we may sustain; and (g) to provide you the Services. We may also share information about you in the course of legal proceedings if we are legally required to do so, if we reasonably believe that doing so may mitigate our liability, or if doing so will assist us in enforcing our legal rights. We also may share your information in connection with a potential corporate transaction, such as a divestiture, merger, consolidation, or asset sale, and in the unlikely event of bankruptcy. 

8. Third-party services

  1. This Privacy Notice does not address, and we are not responsible for, the privacy or other practices of third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us.

9. Security

  1. ABBYY has put in place security systems designed to protect your Personal Data you provide to ABBYY, and we take reasonable steps to secure and safeguard this Information. ABBYY has implemented commercially reasonable administrative, technical, personnel, and physical security measures to help protect your Personal Data stored in our systems against loss, theft and unauthorized use, disclosure or modification. For example, we limit access to your Personal Data to employees who we believe reasonably need to come into contact with that information. We also employ processes (such as access management, password management, malware protection, vulnerability management) to protect against unauthorized access to your Personal Data. Technical measures also include use of firewall protection, network segmentation and in some instances may include and encryption technology. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. Your Personal Data may be disclosed in response to inquiries or requests from government authorities in the countries in which we operate. If you have reason to believe that your interaction with ABBYY is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify ABBYY of the problem by contacting ABBYY in accordance with Section 17 (Contact Us).

10. Quality/data integrity

  1. We rely on you to provide us complete and accurate Personal Data and to contact us if correction of such information is required.

11. Monitoring and enforcement

  1. ABBYY uses a self-assessment approach to assure compliance with this Privacy Notice and periodically verifies that the Privacy Notice is accurate, comprehensive for the information intended to be covered, prominently displayed, and accessible. We encourage users to raise any concerns by contacting ABBYY, as provided in Section 17 (Contact Us), and we will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of Personal Data.

12. Any information linked with your personal data is protected as “personal data”

  1. To enable us to better understand the characteristics of our users and to provide services tailored to your needs, we may link the Personal Data you have provided with Anonymous Information or other information. If we combine or link any Anonymous Information or other information with your Personal Data, the resulting combination will be treated and protected as Personal Data under this Privacy Notice.

13. Participation by children and teens; advisory

Our Services are not intended for or directed to children. If you are under 18 years old, you are not eligible to use our Services. By using the Services, you represent that you are at least 18 years old and understand that you must be at least 18 years old in order to create an account and use the Services. We do not knowingly collect or maintain Personal Data from individuals under the age of 18. If we learn that we have inadvertently gathered Personal Information from individuals younger than the age of 18, we will take reasonable measures to delete or destroy such information from our records.  

14. Notification of changes

  1. From time to time, ABBYY may change this Privacy Notice. Any change to this Privacy Notice that materially affects your rights to your Personal Data will not take effect until 30 days after notice of such change is posted on the Website, during which time you may notify us that you do not accept such change.  Your continued use of the Website or the Service after such 30-day period will mean that you accept such changes.  If we make material changes that will affect Personal Data we have already collected from you, we will make reasonable efforts to notify you of the changes and to give you the opportunity to amend or cancel your registration. At all times, you are bound by the then-current version of this Privacy Notice and all applicable laws.  We highly recommend that you review this Privacy Notice from time to time to ensure that you are familiar with the most recent version. 

15. Relationship to ABBYY FlexiCapture Cloud Terms of Service

  1. This Privacy Notice must be read in conjunction with the ABBYY FlexiCapture Cloud Terms of Service. To the extent the ABBYY FlexiCapture Cloud Terms of Service conflicts with the terms of this Privacy Notice, the terms of this Privacy Notice will control. 

16. Cross-border transfer

Your Personal Data is stored on, and transferred to servers in the European Economic Area ("EEA"), U.S. or in Russia. If you are a Russian citizen and reside in Russia, then your Personal Data is stored in Russia in the first place and the copy of your Personal Data can be transferred to and stored in servers hosted in countries outside Russia. Also, some of our service providers may transfer and store information in servers hosted in countries outside the U.S., Russia and the EEA. It may also be processed by staff operating outside the EEA, who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services. As such, your Personal Data may be subject to the laws of other countries, where the protection of Personal Data and other laws may not be as comprehensive as your country of residence. Before ABBYY transfers your Personal Data outside of the EEA (e.g. to the U.S.), ABBYY will use the appropriate legal safeguards (e.g. the EU Standard Contractual Clauses) that are necessary so that these data transfers are in compliance with applicable EU and an EU Member State law. 

17. Contact us

  1. If you have any questions about this Privacy Notice, the practices of our Site or our Services or you want to review and update your Personal Data, please contact us at:

ABBYY USA

Address 880 North McCarthy Blvd., Suite #220 Milpitas, California 95035, USA

Email privacy@abbyyusa.com

18. Cancelling your registration/data portability

  1. You can cancel your registration with us by e-mailing FC_cloud@abbyy.com. We will send you an e-mail to confirm your request. After we receive confirmation, we will remove your Personal Data from our active database, but some information may remain in our archives for our own corporate record keeping and logs under the applicable legislation and in the event of possible future litigation. If you are interested in carrying your Personal Data over to another provider (data portability), please contact us so that we can assist you. 

19. Interpretation

  1. This Privacy Notice has been prepared in the English language which may be found at https://flexicapture.com/privacy-notice 

20. Effective date

  1. The effective date of this Privacy Notice is 07.09.2017.