Privacy Statement.

Version Date: January 2021
The Types of Personal Information Exathink Processes‍

This privacy policy (“Policy”) describes how Exathink LLC (“Company”), a US based business, collects, uses and shares personal information of users of this website, any other website we operate, and any associated applications or portals, including the Polaris product, (collectively, the “Websites”). Some of the information is only collected on customers. There is some data that we collect and that you voluntarily provide to us to become a registered user, subscriber, or customer of the Company. Exathink processes three broad categories of personal information when you use our Products:

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• Your personal information as a visitor or potential customer, which we refer to as General Data‍

•Your personal information as a customer or potential customer, which we refer to as Customer Account Data, and

• Certain personal information contained within your company’s ALM Systems (e.g. Jira, GitHub, GitLab, Bitbucket), which the Exathink application uses to provide software development analytics and performance insights. We refer to this data as ALM System Data.

Exathink processes these categories of information differently, the details of which are explained in the sections that follow. There is also some aggregated and anonymous data that we automatically collect to track how our Websites are performing, such as cookies or other tracking/analysis software. You can block cookies or trackers, but you may lose some functionality or not be able to enjoy all that we offer. This Policy does NOT apply to third party websites or other websites that you visit that are not affiliated with the Company.

General and Customer Account Data Processed When You Visit Our Website or Request Information‍

When you visit our website or request more information about Exathink, we collect information automatically using tracking technologies, like cookies, and through web forms where you type in your information. We collect this information to fulfill requests made through the web forms, to learn more about who is interested in our Products, and to improve the navigation experience and content of our web properties.‍

Information You Share Directly: Exathink’s public-facing websites allow you to fill out and submit web forms to express interest in our product, ask to be contacted by our Sales Team, sign up for our blog or newsletter, register for an event, or take a survey. The specific personal information requested on these forms will vary based on the purpose of the form. We will ask you for the information necessary for us to complete the request made via the form (for example, we will ask you for your email address if you want to sign up for an email newsletter and for your phone number if you want our Sales Team to call you). We may also ask you for additional information to help us understand you better as a customer like your company name, company size, or your role at your company. If you sign up to receive ongoing product or marketing communications from Exathink, like a blog or newsletter, you can always choose to opt-out of further communications using the preferences/unsubscribe link included on any marketing email you receive from Exathink. Alternatively, you can contact our Customer Support Team to communicate your choice to opt-out.‍

Information We Get From Others. Exathink may get information about you from other sources. We may add this to information we get from our Websites. For example, we may get information about you from Social Media, from newsletters, you might be a part of one or more of our online communities, you might interact with our posts, or you might interact with or give information to a partner or affiliate website.‍

Information We Collect Automatically: When you visit Exathink websites, we and our service providers acting on our behalf automatically collect certain information using tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how visitors to our websites are using them and which pages, features and content of the websites are most popular. This helps us understand how we can improve our websites and track performance of our advertisements. For more details on our specific use of cookies and tracking technologies, please see the Data Collection Technologies section.‍

Customer Account Data Processed When You Communicate with Our Sales or Customer Support Teams‍

You may share personal information, like your contact details, with a member of our Sales or Customer Support Team when you communicate with them. We keep a record of this interaction. If you contact our Sales or Customer Support Teams, those teams keep a record of that communication, including your contact details and other information you share during the course of the communication. We store this information to help us keep track of the inquiries we receive from you so we can improve our Products and quality of support, and to provide training to team members.

How Exathink Processes General Data and Customer Account Data‍

The following are  general scenarios when Exathink collects and processes your personal information:

• When you visit a Exathink public-facing website;

• When you make a request to receive information about Exathink or our products

• When you contact Exathink’s Sales Team or Customer Support Team; and/or

• When you establish an account to use Polaris, our Software Delivery Optimization platform,  use our Products, or invite users in your company to use our products.

We call this personal information General Data (for the first scenario) and Customer Account Data (for all other scenarios). Data protection or privacy laws in certain jurisdictions, like the European Economic Area (EEA), differentiate between “Controllers” and “Processors” of personal information. A Controller decides why and how to process personal information. A Processor processes personal information on behalf of a Controller based on the Controller’s instructions. When Exathink processes your General or Customer Account Data, Exathink is acting as a Controller.

Broadly speaking, we use General or Customer Account Data to further our legitimate interests to:

• understand who our customers and potential customers are and their interests in our Products,

• manage our relationship with you and other customers,

• carry out core business operations such as accounting and filing taxes,

• grant appropriate access to Products, and

• understand Products usage to improve functionality and the experience of our customers.‍

Customer Account Data Processed When You Establish an Account and Use Polaris.

When your company requests a Polaris account for a pilot or to become a customer, we ask for certain information like your contact details and billing information so we can communicate with you and so you can pay for our products and services. Your company also provides user names and roles so we can grant product access to the correct individuals. We additionally collect some information automatically, like your IP address and user name, when you log in to your account and use the product. We use this to understand who is using the Products and how, and to detect, prevent and investigate security incidents.‍

Information You Share Directly: When your company requests a pilot or decides to become a customer, you’ll be asked to give us your name, job title, email address, phone number, your company name and physical address. We collect this information so we know who you are, we can communicate with you about your account(s), and we can recognize you when you communicate with us for questions, support or otherwise.

We also use your email address to send you information about the Polaris  product, or other Exathink services or events in which we think you may be interested. You can opt out of further marketing communications through the preferences/unsubscribe link included on any marketing email you receive from Exathink. Or, you can contact our Customer Support Team to communicate your choice to opt-out. When you decide to become a paying customer, we’ll ask you to provide your billing address and other relevant payment details. We store this information so we can bill you for your use of our products and services. Your billing address may also be used by Exathink for tax calculation and audit purposes. In addition, when you use our Products, we collect your IP address and other data through tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how customers are using our Product, who those customers are, what country they are logging in from, and to help improve the user experience. For more details on our use of cookies and tracking technologies, please see the Data Collection Technologies section.
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Data Collection Technologies‍

We use cookies, web beacons, and other data collection technologies to provide you with a better experience when you use the Products. These technologies help you log onto the Products, remember your settings and preferences, help us keep your information secure, and enable our partners to serve ads for our Products, including those targeted to your interests. While the data collection technologies we use may change from time to time, they generally fall into the following categories:

Cookies: are text files, typically small in size, that are placed on your computer by a webpage server. They are used to make websites work more efficiently and effectively and help us improve our Products, our marketing activities and your experience. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. We use cookies to support the following product and business functions:

• Authentication - we use cookies to verify your account and determine when you’re logged in so we can make it easier for you to access the Products and move from page to page without having to sign in again on each content.

• Analytics and research - we use cookies to better understand how people use the Products so that we can improve them. For example, we use Google Analytics, which employs cookies to track your interactions with our Products. Google collects usage information like the number of page views and reports it to us, without identifying individual users. This information helps us improve our Products so that we can better serve users. For more information on Google Analytics, visit https://support.google.com/analytics.

• Marketing and advertising - we may use cookies placed by third-party service providers to track the performance of our advertisements. For example, these cookies remember which browsers have visited the Exathink website. This data given to the third-party service providers does not include information that identifies you specifically, but this data may be re-associated with information that identifies you specifically after Exathink receives it.

From time to time, Exathink may also use third-party advertising networks that collect IP addresses and other data from web beacons (see below) on the Exathink website and other websites. Ad networks follow your online activities over time through automated means, such as cookies and web beacons. They use this data to provide ads about Products tailored to your interests. You may see these ads on other websites. This helps us manage and track the effectiveness of our marketing. For more information and resources on how to opt out of advertising cookies, please see the How to Make Choices About Your Customer Account Data section.

Although most browsers and devices accept Cookies and other data collection technologies by default, their settings usually allow you to clear or decline Cookies. If you disable Cookies, some of the features of our Products may not be available or function properly.‍

Browser Local Storage: We may store data locally on your device to enhance the user experience on our Products. We may also use browser local storage to mark once a user has seen content like notifications, new feature announcements etc, that the user only sees the content one time.‍

Web Beacons: We use web beacons (also referred to as clear gifs, pixel tags, or web bugs) along with cookies to gather data about use of the Products and interaction with emails from us. Web beacons are clear electronic images embedded in web pages that can recognize certain types of data on your computer, like cookies, when you view a particular website tied to the web beacon. For example, we may put web beacons in marketing emails that notify us when you click on a link in the email that directs you to the Exathink website. We use web beacons to operate and improve our website and email communications.‍

Other Customer Account Data We Collect‍

We may collect information about you, as our customer or potential customer, from publicly-available sources so we can understand our customer and market base better. We may use publicly-available information about you through services like LinkedIn, or we may obtain information about your company from third party providers to help us understand our customer base better, such as your industry, the size of your company, and your company’s website URL.‍

How Long We Store Your Customer Account Data‍

Exathink will store your Customer Account Data as long as needed to provide you with our services and to operate our business. If you ask Exathink to delete specific personal information from your Customer Account Data (see ‘How To Make Choices About Your Customer Account Data’ below), we will honor this request unless deleting that information prevents us from carrying out necessary business functions, like billing for our services, investigating claims, incidents, or potential fraud, calculating taxes, conducting required audits, or as otherwise required by law.
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You may request your data be deleted by contacting us at this email address: support@exathink.com with the subject line “Customer Account Data Deletion Request.”‍

How To Make Choices About Your Customer Account Data‍

Your preferences about how we use your information are important to us and, when possible, we aim to honor them. You can contact our Customer Support Team at any time to request to access, modify, or delete the Customer Account Data we possess about you, or to opt out of promotional communications. You also have the ability to control or limit how we and our vendors use Cookies and other data collection technologies.‍

Closing Your Account and Deletion. To request closure or deletion of your Exathink account, you can contact our Customer Support Team. You should know that closure and/or deletion of your Exathink account will result in you permanently losing access to your account and data in the account. Please note that certain information associated with your account may nonetheless remain on Exathink’s servers in an aggregated form that does not identify you. Similarly, data, including personal information, associated with your account that we are required to maintain for legal purposes or for necessary business operations (see “How Long We Store Your Customer Account Data” section above) will be retained after account closure until no longer needed.‍

Promotional Communications. You can choose not to receive promotional emails from Exathink by following the unsubscribe/preferences instructions in those emails. You can also opt-out by contacting our Customer Support Team. Please note that even if you opt out of promotional communications, we may still send you non-promotional messages relating to things like updates to our terms of service or privacy notices, security alerts, and other notices relating to your access to or use of our Products.‍

Cookies and Other Data Collection Technologies. You have a number of options to control or limit how we and our vendors use cookies and other data collection technologies including for advertising:

• To revoke cookies for Exathink.com click here

• To prevent location information from being collected by us, you can turn off your device’s location-tracking functionality.

• To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on.

• To opt out of ads on Facebook or Google that are targeted to your interests, use your Facebook or Google Ads settings.

• To learn more about how to opt out of targeting and advertising cookies, you can go to the Your OnlineChoices page, the NetworkAdvertising Initiative page, and the Digital Advertising Alliance’s Consumer Choice content.

The opt-out tools listed in the last three bullets are provided by third parties, not Exathink. We do not control or operate these tools or the choices that advertisers and others provide through these tools.

NOTE: The polaris-session-key cookie is required to authorize user sessions of the Polaris application, thus an opt-out option is not available.

Other Choices About Your Customer Account Data. In addition, you can express other choices about your Customer Account Data (i.e., accessing it, deleting it, restricting its use, or withdrawing consent for its use) by contacting our Customer Support Team.

How Polaris Processes ALM System Data

As a software development optimization platform, Polaris draws raw data from a number of your company’s systems of record in order to perform analysis and then surface performance metrics and insights. We call this information ALM System Data, a subset of which contains personal information such as name and email address.

As noted above, data protection or privacy law in certain jurisdictions, like the EEA, differentiate between “Controllers” and “Processors” of personal information. When Polaris processes ALM System Data, Exathink is acting as a Processor.

What ALM System Data Is Processed

Exathink is able to collect and analyze ALM System Data from the following system types:

• Issues (e.g. Jira, Pivotal Tracker etc..)

• Code (e.g. GitHub, Gitlab, BitBucket etc.)

• Code quality (e.g.Code Climate, Sonar))

• CI/CD (e.g. Jenkins)

We integrate with the source ALM system using standard programmatic APIs provided by these services. . In general, Exathink collects the minimum amount of data necessary.

Personally identifiable information is limited to:

• Employee Name

• Employee Email and geographic location derived from the timezone of system activity we record.

• Employee Avatar: As provided by the customer system, or if the employee has configured one, the public avatar at Gravatar.com‍

How Long We Store and How To Make Choices About ALM System Data

Data History: Exathink performs an initial ALM System Data import based on the length of data history you specify. Incremental updates to the ALM System Data are then performed continually to changes in the systems of record and provide customers accurate and up-to-date information. We will retain and show all historical data sets unless you instruct us otherwise based on the length of history you would like to see reflected in the Products.‍

Closing Your Account and Deletion: To request closure of your Exathink account, you can contact our Customer Support Team. Your ALM System Data will be deleted within 30 days of account closure.Other Choices About Your ALM System Data: You can express other choices about your ALM System Data (i.e., accessing it, deleting it, restricting its use, or withdrawing consent for its use) by contacting our Customer Support Team.‍

Sharing Your Personal Information‍

We do not sell or allow your Customer Account Data to be used by third parties for their own marketing purposes, unless you ask us to do so. Further, we do not sell your ALM System Data, and we do not share it with third parties for their own marketing purposes.

We may share your Personal Information for the reason(s) disclosed to you at the time we collect it, with your consent, as well as in the following ways:

• At your direction. We will share your information with third parties if and when you direct us to. For example, you may ask us to share your information when you wish to authenticate a user with your company’s SSO provider.

• For legal purposes. We may share Customer Account Data as reasonably necessary to comply with law or a legal process (including a court or government order or subpoena), to detect, prevent, or otherwise address fraud, security or technical issues, to enforce this Privacy Statement and/or the Terms of Use, and to protect the rights, property or safety of Exathink, our users, and/or the public.

• Sub-processors. We may share Personal Information with sub-processors, like AWS, who assist in providing the Exathink services by hosting the infrastructure on which some of the processing is performed.

• During a corporate transaction. If Exathink is involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about users may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third party privacy policy or policies may govern further use of the information.

• Aggregated or de-identified data. We might also share data with third parties if the data has been de-identified or aggregated in a way so it cannot be used to identify you or your company. This is information that has been combined with information about other users and analyzed or evaluated as a whole. ‍

Protecting Your Personal Data‍

We use reasonable organizational and technical security measures designed to preserve the security of your Personal Data, including without limitation, encryption technologies and authentication tools. Note, however, that no data transmitted over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient. As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to or from our Products.‍

Transferring Your Personal Data Overseas‍

We manage our Products through our teams in the United States and other countries. We acknowledge that the data protection laws may be different from country to country, and may not provide the same level of protection. If you visit our Products or contact us from outside of the United States, please be advised:

• any information you provide to us or that we automatically collect may be transferred to the United States and other countries where our teams are located; and

• by using our Products or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States and other countries where our teams are located in accordance with this Privacy Statement. If you have any questions about our policies for transferring your Personal Data, please contact our Customer Support Team.

Children’s Privacy

We respect the privacy of children. Our Products are not designed to attract an audience younger than 18, and we do not knowingly collect Personal Data from children under 18. Please contact our Customer Support Team if you believe we may have collected information from a person who is underage, and we will work to promptly delete it.

Your California Privacy Rights

Under California laws, California residents can request information from us whether we have disclosed Personal Data to any third parties for the third parties’ direct marketing purposes. We will not sell or share your personal information with third-party companies for their direct marketing purposes. California residents desiring to request further information about our compliance with these laws or have questions or concerns about our privacy practices and policies are welcome to contact our Customer Support Team.

Third Party Links and Products

We provide links to third party websites operated by organizations not affiliated with Exathink. We do not disclose your Personal Data to organizations operating such linked third-party websites, but if you visit a third party website linked to from our website, that third party site may collect Personal Data from you. We do not review or endorse, and are not responsible for, the privacy practices of these organizations, or for any data that you provide them. We encourage you to read the privacy statements of each and every website that you visit. This Privacy Statement applies solely to information collected by Exathink.

Changes to the Privacy Statement

We may change our Privacy Statement from time to time. If we make changes we’ll revise the “Effective” date at the top of this statement, and we may provide additional notice such as on the Exathink website homepage, by notification within the Products, or via the email address we have on file for you. We may also ask you to affirmatively consent to the changes at the time of your next login to the Products. By continuing to use the Products after such notice and/or consent, you agree to be bound by Privacy Statement as modified. If you do not agree with our changes to Privacy Statement, your sole and exclusive remedy will be to discontinue use of the Products.

Questions and Feedback

We welcome your questions and comments about this Privacy Statement or our privacy practices. You can also contact our Customer Support Team to exercise your privacy rights under applicable law.