Updated as of 17 August 2018
If you are a resident of the European Union, then, to the extent that the information we collect and use is your personal data, OpsGenie will process and transfer your personal data when we have an adequate legal basis to do so. This means we collect, use and transfer your personal data where:
- you give us consent to collect, use or transfer the personal data for a specific purpose
- we need to process your personal data to provide you with our services
- we need to process your personal data to comply with a legal or contractual obligation
- our collection, use or transfer of your personal data satisfies a legitimate interest (which is not overridden by your data protection interests)
When we process information on behalf of an OpsGenie customer in connection with its access to and use of our services, we do so solely in accordance with the customer’s instructions, and the provisions of OpsGenie’s Subscription Services Agreement located at www.opsgenie.com/serviceterms or the written agreement manually executed by the customer and OpsGenie. The customer, and not OpsGenie, is processing the customer data as the controller of such customer data (that is, the customer decides why and how to process such information). OpsGenie is processing the customer data only as a processor of the customer data (that is, OpsGenie only processes such information on behalf of the customer based on the customer’s instructions).
Some of our third party service providers may collect and process some of your information also as controllers of such information (that is, the third party service provider will also decide why and how to process such information). In such cases, the collection and processing of your information by the third party service provider will be as specified by, and in accordance with, the privacy notice and practices of such third party service provider. We encourage you to review the privacy policies and practices of such third party service providers to understand their information practices. Third party service providers who may be processing some of your information as an additional controller of such information include:
- Stripe, Inc. We use Stripe, Inc. to perform some of our payment processing services. Credit card information may be collected and processed by Stripe, Inc. for certain purposes as a controller of such information as specified in its privacy notice and practices. Stripe, Inc. is currently certified to PCI Service Provider Level 1 and its privacy notice may be found at https://stripe.com/us/privacy.
Our website may contain links to other websites. The information practices and the content of such other websites are governed by the privacy policies or statements of such other websites. We encourage you to review the privacy statements of such other websites to understand their information practices.
- Twilio Inc. We use Twilio Inc. to perform some of our communications services. During your access to and use of our services, some communications information and strings may be collected and processed by Twilio Inc. for certain purposes as a controller of such information as specified in its privacy notice and practices. Twilio Inc.’s privacy notice may be found at https://www.twilio.com/legal/privacy.
We will collect information that you provide to us when you communicate directly with OpsGenie, for example when you:
- request information or materials about OpsGenie or our services
- fill out a form
- create an account
- order our services
- pay for a subscription
- request support
- apply for a job
- participate in any interactive features
- communicate with us via third party social media sites
When communicating with OpsGenie for the above or any other purposes, the types of information you may voluntarily provide may include:
- first name and surname
- user name and password
- mailing address
- country of residence
- telephone number
- email address
- transaction and payment information, including credit card, billing and delivery information;
- employer name and job title
- any other information or content necessary to populate your OpsGenie account, or submitted when using our website, services or mobile apps
Whenever you access, use or interact with our website, services or mobile apps, we may automatically collect information about you, including:
- Usage Information. We may collect information regarding how you access, use or interact with our website, services or mobile apps such as:
- the pages or features you browsed and the time you spent on those pages or features
- search terms
- the links that you clicked on
- event data
- crash data
- other similar technical data and statistics
- Log and Device Information. We may collect information sent by your browser, computer or device such as:
- your IP address
- your general location
- the type of browser, computer or device you use
- technical information about the means of connection to our website, services or mobile apps (for instance, the operating system, user settings, the internet service provider utilized and other similar information)
- the page that led you to the website
- the search terms you typed into a search engine that led you to the website
- Web Beacons. We may use web beacons, tags and scripts on our website, services or mobile apps, or in email or other electronic communications we send to you. These help us deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our third party service providers on an individual and aggregated basis.
- Local Shared Objects. We may use Local Shared Objects (LSOs) such as HTML 5 to collect and store information in order to provide certain features on our website. Third parties with whom we may partner with may also use LSOs in order to provide certain features on our website or to display advertising based upon your web browsing activity.
Our website may include social media features and widgets. These features may collect your IP address, record which page you are visiting on our website, and set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on the website. Your interactions with these features are governed by the privacy notice of the company providing them.
- Advertising Services Provided by Others. We may partner with third parties to either display advertising on our website or to manage our advertising on other sites. Our third party partners may also use technologies such as cookies, web beacons, device identifiers and other tools to collect information about your use of our website, services and mobile apps, and other websites and applications, including information such as your IP address, web browser, pages viewed, time spent on pages or in apps, links clicked and conversion information.
We may use the information that we collect or obtain from you to:
- administer, operate and provide you with our website, services and mobile apps
- provide you with all OpsGenie services-related sales support (including processing orders, billings and payments, setting up our services, and advising on account status)
- provide you with technical support
- provide you with requested information and materials
- improve our website, services and mobile apps, which may include diagnosing problems, developing new features and services, and responding more efficiently to service requests and support needs
- detect, investigate and prevent fraud or other activities that may violate applicable laws or our policies (including our Acceptable Use Policy)
- detect, investigate and prevent activities that may threaten the security, integrity or availability of our or another party’s products, systems and services
- send you emails and other communications providing you with information and updates pertaining to your services subscription and use of our services
- send you emails and other communications responding to inquiries, questions and/or other requests initiated by you
- send you promotional emails, newsletters, information and materials about OpsGenie and our services
- conduct market research about OpsGenie customers and their interests, and the effectiveness of OpsGenie marketing campaigns
- act pursuant to your consent for a specific purpose not stated in this policy, such as posting your testimonial along with your name on our website
- aggregate, anonymize and analyze the information for the above stated and other purposes, and for analyzing industry trends and sharing aggregated, anonymized information with third parties for marketing, advertising, research, analytics and similar purposes
Third party service providers may include companies that provide:
- Hosting services
- Billing or payment processing services
- Customer support and engagement
- Notification or communication services
- Authentication services
- Cyber security and anti-fraud services
- Analytics and assistance in the use, improvement or optimization of our website or services
- Necessary or Authorized Disclosures. We may disclose your information to a third party:
- if we believe disclosure of such information is appropriate to comply with any applicable law, rule, regulation, legal process or government request;
- to implement, perform or enforce our agreements, terms of service or policies;
- to protect the security or integrity of our services;
- to protect our or others’ rights, property and safety; or
- with your prior consent or instructions
- Business Transfers. Information that we collect or obtain from you is considered a business asset. If we merge with or are acquired by another company, or if all or a substantial portion of our assets are acquired by another company, your information will likely be one of the assets that is disclosed during negotiations and transferred as part of the business transfer.
- Aggregated or Anonymized Data. We may share and publish aggregated information that does not specifically identify you and is not linked to any of your personal information, such as statistical information about visitors to our website or statistical information about how customers use our services.
We will retain your information for as long as your account is active or as needed to provide you with our services. You may update, correct or delete your information by accessing your OpsGenie account and modifying your information, or by emailing us at firstname.lastname@example.org. You may deactivate your OpsGenie account or services (subject to the terms of your agreement with us) by emailing us at email@example.com. Please note, however, that we will retain and use certain of your information as necessary to comply with our legal obligations or for legitimate business purposes such as resolving disputes or enforcing our agreements. We may also retain cached or archived copies of your information for a certain period of time.
You may opt out of receiving promotional and newsletter emails from OpsGenie by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional and newsletter emails, and other promotional communications, at any time by emailing us at firstname.lastname@example.org. If you opt-out, then we may still continue to send you non-promotional communications, such as those about your account or our ongoing business relations.
We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this may affect your ability to take full advantage of the availability and functionality of our website, services and mobile apps. Various browsers may offer their own management tools for removing Local Storage Objects, including HTML5 LSOs.
You may opt out of behaviorally targeted ads anytime by deleting your browser's cookies. In addition, you may opt-out of interest-based advertising from some third party partners by visiting http://preferencesmgr.truste.com/, http://www.youronlinechoices.eu, or the third party provider’s website. Please note that opting-out will only prevent targeted ads so you may continue to see generic (non-targeted ads) after you opt-out.
If you are a resident of the European Union, you have rights in relation to your personal data processed by OpsGenie. You may exercise such rights by emailing us at email@example.com. If the related personal data is customer data processed by OpsGenie on behalf of a customer, then please include the name of the applicable customer in your request. We will refer the request to that customer to respond directly to you and will support them as needed to respond to your request. The rights that you have, as an EU resident, in relation to your personal data processed by OpsGenie include the following:
- Access. You may request access and review of personal data at any time. You can also request the following information:
- How we collect and use your information and why
- The categories of personal data involved
- How long we use or store your personal data or the manner in which we determine relevant retention periods
- Rectification. You may request that any incorrect personal data be corrected or otherwise rectified.
- Objection to Use; Erasure. In certain situations, you may object to the use or export of your personal data and request that we erase or stop using or exporting your personal data.
- Withdrawal of Consent. Where we rely on your consent to process your personal data, you may withdraw you consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent. At any time, you can request that we stop using your personal data for direct marketing purposes.
California residents who have established a business relationship with OpsGenie may request and obtain from us, once a year and free of charge, a list of third parties, if any, to which we disclosed certain of their personal information for direct marketing purposes during the preceding calendar year and the categories of personal information shared with those third parties. They may also choose to opt-out from OpsGenie’s disclosure of personal information about them to third parties for direct marketing purposes. If you are a California resident and wish to obtain that information, or choose to opt-out, you may submit your request by emailing us at firstname.lastname@example.org.
- Complaints. You may raise questions or lodge a formal complaint with your local EU supervisory authority if you have questions or a complaint about any processing of your personal data being conducted by us.
We maintain reasonable and appropriate technical and organizational measures to protect against the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal information which may be stored, transmitted or otherwise processed on our website, services or mobile apps. To learn more about OpsGenie’s current practices and policies regarding the security of our services, please see our Security Controls webpage at https://www.opsgenie.com/tos/security. Please be aware, however, that no security controls are 100% effective and no method of transmitting information over the internet or storing information is completely secure. Therefore, OpsGenie cannot, and does not, ensure, guarantee or warrant the security of any information, including your personal information.
We will make any legally required disclosure of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal information. Such disclosure will be made without undue delay and as required by applicable data protection laws, consistent with the legitimate needs of law enforcement or any measures reasonably necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide your information to us, we may transfer your information to the United States and process it there. Your use of our website, services or mobile apps followed by your submission of any information represents your consent and agreement to that transfer.
If you are established in the European Economic Area (EEA) or Switzerland, you understand and acknowledge that OpsGenie may transfer your information that is personal data outside of the EEA or Switzerland for processing. If such personal data is transferred from the EEA or Switzerland to other countries whose legal protections are not deemed adequate under the applicable data protection laws of the country from which the personal data is transferred, then OpsGenie offers the Standard Contractual Clauses approved by the European Commission in order to ensure adequate protection for such personal data in accordance with the requirements of the European Union General Data Protection Regulation (GDPR). Upon your explicit written request, OpsGenie will execute such Standard Contractual Clauses if necessary to meet the requirements of the GDPR or other applicable data protection laws.
OpsGenie’s customers, in connection with their access to and use of our services, may opt to transfer their customer data to a recipient in a country that the European Commission has decided provides adequate protection for personal data. If such customer data includes your personal data (for example, you are an employee of the customer), then please contact the customer directly to determine if the customer has exercised such option.
Our website, services and mobile apps are not designed for or marketed to persons under 18 years of age. We do not knowingly collect or ask for information from such individuals. If you are under 18 years of age, please do not use our website, services or mobile apps, or send us any or your information. If we learn that we have collected information from an individual under 18 years of age, we will take steps to delete such information from our files as soon as possible. Please contact us at email@example.com if you believe we might have information from or about a person under 18 years of age.