ASG Logo

Privacy Policy

 
Request Demo

Privacy Policy

ASG Technologies Group, Inc. (“ASG” “we” “us”) has adopted this Privacy Policy (“Policy”) to govern its collection, use and disclosure of Personally Identifiable Information.  In addition, this Policy is designed to assist ASG in maintain an adequate level of Personal Data privacy protection. Without limiting the generality of the foregoing, this Policy applies to the processing of Personal Data that ASG or its affiliates (together the “ASG Group”) obtains from Individual Customers located in the European Union (“EU”) and Switzerland.

ASG complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries, the EEA and Switzerland, respectively. ASG has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

The Federal Trade Commission (“FTC”) has jurisdiction over ASG’s compliance with the EU-U.S. and Swiss-U.S. Privacy Shield programs.

All ASG employees who handle Personal Data from Europe and Switzerland are required to comply with this Policy.

Capitalized terms are defined in Section 16 of this Policy.


1. SCOPE


This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)  This Policy does not cover information collected by the ASG Group regarding its employees or contractors.


2. RESPONSIBILITIES AND MANAGEMENT


ASG has designated its Legal and Information Security Departments to supervise its corporate-wide information security program, including its compliance with the EU-U.S. and Swiss-US Privacy Shield Frameworks. The Legal Department in cooperation with the Information Security Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to privacy@asg.com.

ASG will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the personal information that it collects. ASG personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that ASG has undertaken to protect Personal Data.


3. RENEWAL / VERIFICATION


ASG will renew its EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield certifications annually, unless it subsequently determines that it no longer needs such certifications or if it employs a different adequacy mechanism.

Prior to the re-certification, ASG will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Individual Customer Personal Information are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, ASG will undertake the following:

  1. 1. Review this Policy as also publicly posted on its website to ensure that it accurately describes the practices regarding the collection of Individual Customer Personal Information;
  2. 2. Update the publicly posted privacy policy so that it informs Individual Customers of ASG’s participation in the EU-U.S. and Swiss-U.S. Privacy Shield programs and where to obtain a copy of additional information (e.g., a copy of this Policy);
  3. 3.Update this Policy such that it continues to comply with the EU-U.S. and Swiss-U.S. Privacy Shield Principles;
  4. 4. Confirm that Individual Customers are made aware of the process for addressing complaints and that the Better Business Bureau is available for an independent dispute resolution process (ASG may do so through its publicly posted website, Individual Customer contract, or both);
  5. 5. Review its processes and procedures for training Employees about ASG’s participation in the EU-U.S. and Swiss-U.S. Privacy Shield programs and the appropriate handling of Individual’s Personal Data.
  6.  
  7. ASG will prepare an internal verification statement on an annual basis.
 


4. COLLECTION AND USE OF PERSONAL DATA


ASG collects Personal Data and Personally Identifiable Information from users of its websites and from Individual Customers when they purchase its products, register with our website, log-in to their account, request support, complete surveys, request information or otherwise communicate with ASG. For example, ASG Individual Customers may choose to seek live support or post to a message board.

The Individual Customer Personal Information that we collect may vary based on the Individual Customer’s interaction with our webpages and request for our services. As a general matter, ASG collects the following types of personal information from its Individual Customers: contact information, including, a contact person’s name, work email address, work mailing address, invoice address, work telephone number, title or role, company name, products purchased, estimated deal value, services provided, as well as payment information (which might include credit card and/or bank account information). Some Individual Customers have the option to log into their accounts online and to request service online, including through a live support option.  We will collect information that they choose to provide to us through these portals.

ASG uses cookies to discern the various users on its websites.  In doing so, ASG seeks to improve its website offering and provide users with a practical and optimal browsing experience.  For example, when Individual Customers visit our webpages and use our services online, we will collect their IP address and browser type. We may also show content and ads about ASG, its products and services which might be of interest in relation to ASG webpages visited. We may associate IP address and browser type with a specific customer in order to authenticate the log-in credentials. We also may collect Individual Customer Personal Information from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website. For detailed information about the use of cookies in ASG’s websites, their disablement or deletion, please read and review our Cookie Policy found here.

The information that we collect from Individual Customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, providing services and products to the Individual Customer, improving our products and services, defending our rights, and investigating fraud.
For certain products, ASG serves as a service provider providing software maintenance and/or hosting of software as a service. In our capacity as a service provider, we will receive, store, and/or process Individual Customer Personal Information in order to supply the service. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our Individual Customers and/or agents. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, providing services to the Individual Customer, and as otherwise requested by our Individual Customer and/or agent.

ASG uses the personal information that it collects directly from its Individual Customers and for its agents indirectly in its role as a service provider for the following business purposes, without limitation:

  • 1. maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to an Individual Customer;
  • 2. satisfying governmental reporting, tax, and other requirements (e.g., import/export);
  • 3. storing and processing data, including Personal Data, in computer databases and servers located in the United States;
  • 4. verifying identity (e.g., for online access to accounts);
  • 5. as requested by the Individual Customer;
  • 6. for other business-related purposes permitted or required under applicable local law and regulation, including protecting our business or our Individual Customers or investigating fraud or misconduct; and
  • 7. as otherwise required by law or court order.
  •  

Special Note Regarding Children Under 16.  ASG cares about protecting the privacy of children. We will not specifically market to or knowingly collect Personal Data or Personally Identifiable Information from children under 16 for marketing purposes. Because some information is collected online, it may not appear to be the Personal Data or Personally Identifiable Information of a child under 16. If a child under 16 submits Personal Data or Personally Identifiable Information to us and we learn that the Personal Data or Personally Identifiable Information is the information of a child under 16, we will attempt to delete the Personal Data as soon as possible. If you are under 16, please do not register for any of our services or provide us any information about yourself (such as your name, email address or phone number).


5. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA


Except as otherwise provided herein, ASG discloses Individual Customer Personal Information to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations and enter into data processing agreements with ASG.

ASG may provide Personal Data or Personally Identifiable Information to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, ASG may store such Personal Data or Personally Identifiable Information in the facilities operated by Third Parties. This is the case for CRM, customer service or marketing platform service providers. Such Third Parties are thoroughly selected on basis of their credentials, their industry standing as well as their track record surrounding privacy, data protection and security. They must warrant compliance with all applicable data protection laws and regulations, including the E.U. Regulation 2016/679 for Personal Data. Third Parties instructed by ASG must agree to use such Personal Data and Personally Identifiable Information only for the purposes for which they have been engaged by ASG, and they must abide by confidentiality obligations and agree to provide adequate protections for the Personal Data and Personally Identifiable Information that are no less protective than those set out in this Policy.

ASG also may disclose Personal Data for other purposes or to other Third Parties if and when a Data Subject has expressly consented to or requested such disclosure. ASG also may disclose Personally Identifiable Data for other purposes or to other Third Parties if and when a Data Subject has expressly consented to or requested such disclosure or when otherwise permitted under law. Please be aware that ASG may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

In cases of onward transfer to Third Parties of data of EU or Swiss individuals received pursuant to the EU-U.S. Privacy Shield or Swiss-U.S. Privacy Shield, ASG is potentially liable.


6. SENSITIVE DATA


ASG does not collect Sensitive Data from its Individual Customers.
 

7. DATA INTEGRITY AND SECURITY


ASG uses reasonable efforts to maintain the accuracy and integrity of Personal Data and Personally Identifiable Information and to update these as appropriate. For instance, regular reviews are conducted throughout each business month as data in ASG’s databases is used for customer billing and invoicing.  ASG has implemented physical, administrative and technical safeguards designed to protect Personal Data and Personally Identifiable Information in ASG’s custody and control from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.
 

8. NOTIFICATION


ASG notifies Individual Customers about its adherence to the EU-U.S. and Swiss-U.S. Privacy Shield Principles through its publicly posted website privacy policy, available at www.asg.com/privacy and assumes Individual Customers’ approval and adherence to the current policy when they provide their information to us in the transactional process.


9. ACCESSING PERSONAL DATA


ASG has an approved list of managers and personnel with access to Personal Data and may access and use Personal Data only for the purposes for which they are authorized. Access is monitored.  Individuals with access are trained on the requirements of this Policy and security.


10. OPTING-OUT

 

Data Subjects have a right to opt-out at any time by contacting us at privacy@asg.com before we share their Personal Data with Third Parties other than our agents, consultants or contractors, or before we use it for a purpose other than which it was originally collected or subsequently authorized. You may also contact us under privacy@asg.com at any time for removal from any mailing lists or by simply following the “unsubscribe” instructions on emails from ASG.


11. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA OR PERSONALLY IDENTIFIABLE INFORMATION


A. Right to Access. Individual Customers have the right to know what Personal Data (or Personally Identifiable Information, as applicable) about them is included in the databases and to ensure that such Personal Data (or Personally Identifiable Information, as applicable) is accurate and relevant for the purposes for which ASG collected it. Individual Customers may review their own Personal Data (or Personally Identifiable Information, as applicable) stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and ASG policies. Upon reasonable request and as required by the Privacy Shield Principles, ASG allows Individual Customers access to their Personal Data (or Personally Identifiable Information, as applicable), in order to correct or amend such data where inaccurate.
Individual Customers may request edits to their Personal Data (or Personally Identifiable Information, as applicable) by contacting ASG by email (privacy@asg.com). In making modifications to their Personal Data (or Personally Identifiable Information, as applicable), Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data (or Personally Identifiable Information, as applicable), Individual Customers should submit a written request to ASG at privacy@asg.com. For any data subject access rights, ASG will endeavor to comply as soon as practically possible, however not later than thirty (30) days.  If ASG is not able to attend to your request, ASG will inform you of a later date, but not later than reasonable or where specified according to applicable mandatory law. ASG reserves the right to request such additional information from you as reasonably required in order to verify your identity.

  • B. Requests for Personal Data (or Personally Identifiable Information, as applicable). ASG will track each of the following and will provide notice to the appropriate parties as required under law and contract when either of the following circumstances arise: (a) a legally binding request for disclosure of the Personal Data (or Personally Identifiable Information, as applicable) is made by a law enforcement authority, unless prohibited by law or regulation; or (b) a written request is received from the Data Subject. If ASG receives a request for access to his/her Personal Data (or Personally Identifiable Information, as applicable) from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, ASG will refer such Data Subject to the Individual Customer.

    C. Satisfying Requests for Access, Modifications, and Corrections. ASG will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data (or Personally Identifiable Information, as applicable).


    12. CHANGES TO THIS POLICY


    This Policy may be amended from time to time, consistent with the EU-U.S. and Swiss-U.S. Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make available to employees any changes to this Policy either by posting to our intranet, through email, or other means. We will notify Individual Customers if we make changes that materially affect the way we handle Personal Data or Personally Identifiable Information previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.


    13. QUESTIONS OR COMPLAINTS


    Individual Customers and Data Subjects may contact ASG with questions or complaints concerning this Policy at  privacy@asg.com.


    14. ENFORCEMENT AND DISPUTE RESOLUTION


    In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, ASG commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact us at:  privacy@asg.com.

    If an EU or Swiss Individual Customer’s question or concern cannot be satisfied through this process, ASG has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

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

    15. CALIFORNIA ONLINE PRIVACY PROTECTION ACT


    Special Note Regarding Personal Information of Residents of California.  Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to request and receive, once a year and free of charge, information about Third Parties to whom we have disclosed certain types of personal information (if any) about you for their direct marketing purposes in the prior calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to privacy@asg.com and please include the phrase “California Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal information to Third Parties for their direct marketing purposes. 

    As required by the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code, this Policy also identifies the categories of “Personally Identifiable Information” (as that term is defined in the California Act) that we collect through our website about Individual Customers who use or visit our website and the categories of Third Parties with whom such Personally Identifiable Information may be shared.

    Depending on the visitor’s activity at our website, certain Personally Identifiable Information may be collected, in addition to information set forth in other sections of this document.

    Depending on the visitor’s activity at our website, certain Personally Identifiable Information may be collected, in addition to information set forth in other sections of this document.

    Please refer to Section 11 for a description of the process maintained by ASG for an Individual Customer who uses our website to review and request changes to any of his or her Personally Identifiable Information that is collected through our website.

    Please refer to Section 12 for a description of the process by which we notify Individual Customers who use our website of material changes to this Policy.

    See more about the California Act at http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf.


    16. DEFINED TERMS


    Capitalized terms in this Policy have the following meanings:

    Individual Customer” means any enterprise which as an individual current, prospective or former customer is or has been or intends to be a business client of the ASG Group. The term also shall include any individual agent, representative, of an individual customer of the ASG Group.

    Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Individual Customers residing in Switzerland, a Data Subject also may include a legal entity. Notwithstanding, a partnership, sole trader, association or cooperation may also be a data subject.

    Employee” means an employee (whether temporary, permanent, part-time, or contract),  or independent contractor, or job applicant of ASG or any of its affiliates or subsidiaries.

    Europe” or “European” refers to a country in the European Union or the European Economic Area (“EEA”).

    Personal Data” as defined under the European Union Regulation 2016/679 means data that directly identifies or may be used to indirectly identify a natural person either by reference to one identifying element (for example, but not limited to, name, job title and role, user ID, email address, phone number)  or in combination with one or more factors specific to the identity of that person (for example, but not limited to, user ID, password, and customer number) . Personal Data does not include data that is de-identified, anonymous, or has been manifestly made public by the natural person. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity. Notwithstanding, a partnership, sole trader, association or cooperation may also be a “person”.
     
    Personally Identifiable Information” means individually identifiable information about an individual natural person, including any of the following:  the individual’s first and last name; home or other physical address, including street name and name of a city or town; e-mail address; telephone number; social security number; any other identifier that permits the physical or online contacting of a specific individual; or information concerning a user that the website or online service collects online from the user and maintains in personally identifiable form in combination with another identifier.
    For ease of comprehension, Personal Data and Personally Identifiable Information shall be referred to jointly as Individual Customer Personal Information or simply as personal information where the context permits such indistinct use.

    Sensitive Data” means personal information that discloses for example, but not exhaustively, a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.

    Third Party” means any individual or entity that is neither ASG nor an ASG employee, agent, contractor, or representative.

All materials on any ASG Technologies Web site are protected by United States and international copyright law. Except as specifically permitted herein, no portion of the materials on this Web site may be reproduced without the express prior written consent of ASG.

ASG Trademarks

Any ASG trademarks, registered trademarks or third party trademarks are the property of their respective owners. No use of any ASG trademark, registered trademark or third party trademark is permitted without the prior written consent of ASG or the third party which may own the trademark.

Failure of a mark to appear on this page does not mean that ASG does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Those trademarks followed by ® are registered trademarks of ASG in the United States; all others are trademarks or common law marks of ASG in the United States. ASG’s trademarks and common law marks may be protected by the laws of other countries, as well.