Version 3.1 – February 27, 2019
At Aptible, our core mission is to help teams protect data on the internet. As a result, our goal is to set a high standard for protecting the privacy of your information. We want to be clear about how we collect, use, protect, and share your information, including your personal information, and the rights and choices you have about the ways in which you can help us protect your privacy.
This Privacy Statement explains:
What information we collect and why we collect it.
How we use that information and when we disclose it.
Your rights regarding that information, including how to access and update your information.
The steps we take to protect your information.
Scope: This Privacy Statement applies to the information that we obtain through your use of Aptible products and services, including our website (https://www.aptible.com), our Enclave and Gridiron platforms, social media, communications, and web-based tools (collectively, our “Services”). For a current list of the Services and vendors covered by this Privacy Statement, see our Subvendor Directory.
This Privacy Statement does not apply to personal information arising from Aptible’s employment-related activities. Except to the extent that a third party provides services on our behalf (such as a SaaS vendor), this Privacy Statement also does not apply to the practices of third parties to which we may link or otherwise refer you, such as consultants, pen testing firms, audit firms, and other vendors.
Geography: Aptible is a U.S.-based company that offers our Services to domestic and international business customers. As a result, information that we collect, including personal information, may be transferred to our U.S. offices to permit us to comply with our legal and contractual obligations, to provide information and services to prospective and current clients, and to perform related business activities. In addition, we may provide information to third-party service providers in the U.S. and in other countries to the extent necessary to support Aptible’s business activities, and we may access personal information collected by our customers to support the Services that we provide to our customers. Thus, personal information may be transferred to and stored on servers located in the United States and in countries different from the country in which that information was initially collected. Similarly, information we collect may be accessed by Aptible and our third-party service providers and business partners from countries other than the ones in which the information is stored. For more information about how we handle personal information from EU-based individuals, see below.
If you have any questions or concerns about this Privacy Statement or about our privacy or data security practices, please contact us at firstname.lastname@example.org.
What We Mean by Personal Information
For purposes of this Privacy Statement, “Personal Information” means information from or about you that identifies you directly and information that is associated with you and thus could potentially identify you, including when combined with other information from or about you.
“Sensitive Personal Information” includes data about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union memberships, genetic and biometric data when used for identification purposes, and data about health, sex life, and sexual orientation.
Types of Personal Information that We Collect
Business contact information, including names, email addresses, business addresses, telephone numbers, company name or business affiliation, and title.
User IDs and passwords
Personal information that you choose to share within our user communities, such as the GDPR Slack (go.aptible.com/gdpr-slack) or community.aptible.com
Payment card and financial account information
Identifiers of devices used to access our Services
Information that We Collect from and About You
Information that You Provide to Us Voluntarily
Content: We collect and store content that you create, input, submit, post, upload, transmit, or store while using our Services. Such content may include any personal or other sensitive information submitted using our Services, such as HIPAA protected health information, EU personal data, and other information such as source code or regulatory compliance materials. When we process HIPAA protected health information or EU personal data on your behalf pursuant to a HIPAA business associate agreement or a GDPR data protection agreement, our use of that data is restricted by that agreement and limited solely to providing you with our Services and other ancillary functions as provided by law.
Other submissions: We collect other data that you may submit to our Services or to us directly, such as when you request customer support or communicate with us via email or social media sites.
Information that We Collect Automatically When You Use Our Services
Web Logs and Analytics Information: We record certain information and store it in log files when you interact with our Services. This information may include Internet protocol (IP) or other device addresses or ID numbers as well as browser type, Internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information that you search for, your locale and language preferences, your mobile carrier, and system configuration information. We and our analytics providers (see our Subvendor Directory), also collect and store analytics information when you use our Services to help us improve our Services.
Information that We Collect from Other Sources
Information from third parties: We may obtain information, including personal information, from our business partners and service providers. This information includes, but is not limited to, information that we receive from our direct marketing providers, product referrals, and other interactions. We also may combine information we receive from third parties with other information we collect from you through our Services as described in this Privacy Statement. If we use this information to provide you with opportunities that we think may be of interest to you, you will have the ability to inform us that you do not wish to receive such offers, and you may unsubscribe from our marketing and other email communications by clicking on the link in the email, sending an e-mail to email@example.com, or accessing your user account and changing your distribution preferences.
Information provided by other individuals: While using our Services, individuals may provide information about another individual, or an authorized user (such as an account administrator) creating an account on your behalf may provide information about You. When one individual provides us with information (including personal information) about another individual, we assume that the individual has permission and authority to do so and to consent on behalf of that individual to the collection and use of personal information as described in this Privacy Statement. Please contact us immediately at firstname.lastname@example.org if you become aware of an individual providing us with personal information about another individual without being authorized to do so, and we will act consistently with this Privacy Statement.
Information that We Receive About You From Our Customers
Our customers and their designated users use our Services, in particular Enclave, to develop, establish, implement, and maintain secure application and database deployment environments for processing sensitive data, including personal information and sensitive personal information. While using our Services, our customers may create, input, submit, post, upload, transmit, or store personal information that they have collected from individuals. During the course of our business relationship, we may need to access a customer’s account and the information it contains to provide support for our Services.
Our customers and prospective customers are responsible for complying with all applicable federal, state, local, and international laws and regulations regarding notice, disclosure, consent, and transfer of personal information, prior to providing that personal information to Aptible.
In addition, our customers and prospective customers are also responsible for identifying, in the Services agreement or in a related document (such as a HIPAA business associate agreement or GDPR data protection agreement), any additional requirements for protecting, accessing, and handling personal information in a particular matter that exceeds the reasonable, risk-based administrative, technical, and physical safeguards that Aptible would otherwise routinely implement, or that are inconsistent with the collection and use practices identified in this Privacy Statement.
Unlike the other collections of information described in this section, our agreements with customers include specific protections and limitations regarding our access to and use of personal information collected by customers, and we do not access, use, copy, retain, or aggregate that customer data except as stated in those agreements.
Why We Collect Information from and About You
We will not use your personal information for anything other than the following lawful purposes:
To establish and maintain contractual relationships with our customers:
To establish relationships with new customers
To fulfill our obligations to current customers
To contact customers regarding account-related issues and business communications relating to the Services, including technical notices, updates, security alerts, and administrative messages
To enable individuals to access and use our Services
To comply with our legal obligations:
To comply with legal obligations, including but not limited to complying with tax and financial reporting requirements
To demonstrate compliance with applicable privacy and data security laws and regulations, such as HIPAA and GDPR
To comply with incident monitoring, reporting, assessment, and notification requirements
To comply with other applicable criminal and civil law and regulatory requirements under federal, state, and international law
To provide services and information that you request and consent to receive:
To provide customer service and support
To communicate with you, including responding to your comments, questions, and requests regarding our Services
To process and complete transactions, and send you related information, including purchase confirmations and invoices
To provide direct marketing, email, and other distributed information distribution
To fulfill our other legitimate interests to the extent that they are not overridden by individual interests, fundamental rights, or freedoms:
To administer, operate, maintain, and secure our website and Services
To monitor and analyze trends, usage, and activities in connection with our Services
To investigate and prevent fraudulent transactions, unauthorized access to our Services, and other illegal activities
To verify compliance with our internal policies and procedures
For accounting, recordkeeping, backup, and administrative purposes
To customize and improve the content of our communications, websites, and social media accounts
To educate and train our workforce in data protection and customer support
To provide, operate, maintain, improve, personalize, and promote our Services
To develop new products, services, features, and functionality
To market our products and services (first-party marketing only; we do not provide personal information for use in marketing any non-Aptible, third-party goods or services)
When possible, we will use anonymized data for these purposes, but if we do not, or if we combine it with Personal Information we will treat it in accordance with this Privacy Statement.
When and Why We Share or Disclose Personal Information
Except to the extent necessary to fulfill our business obligations, to accomplish one of the lawful purposes described in this Privacy Statement, or pursuant to your express instructions, we do not sell, transfer, or otherwise disclose personal information that we collect from or about you.
We may share your information in the following ways:
With your express consent: We will share your personal information with companies, organizations, or individuals outside of Aptible when we have your consent to do so.
When you choose to directly share your information while using our Services: When you use our Services, certain features allow you to make some of your content accessible to the public or other users of the Services. We urge you to consider the sensitivity of any information prior to sharing it publicly or with other users.
When your account is accessed by your organization’s designated Aptible administrator: Your Aptible account owners and administrators may be able to:
Access information in and about your Aptible account;
Disclose, restrict, or access information that you have provided or that is made available to you when using your Aptible account, including your content; and
Control how your Aptible account may be configured, accessed, or deleted.
With our vendors and business partners, to accomplish our business purposes: We may share your information with our service providers and other third parties who perform services on our behalf, listed in our Subvendor Directory. We provide your payment information to our service providers for payment processing and verification. Service providers such as analytics providers may collect information about your online activities over time and across different online services [PM13] when you use our Services. We also work with third-party service providers to provide the cloud-based tools that our customers use to create their secure storage containers and securely store their sensitive information, including personal information.[PM14]
When necessary to comply with laws and law enforcement requests, or otherwise to protect our rights or those of individuals: We may disclose your information (including your personal information) to a third party if:
We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request;
To enforce our agreements, policies and terms of service;
To protect the security or integrity of Aptible’s products and services;
To respond to an incident involving personal data for which Aptible has direct or indirect responsibility
To protect the property, rights, and safety of Aptible, our customers or the public from harm or illegal activities;
To respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or
To investigate and defend ourselves against any third-party claims or allegations.
As the result of a business transition: We may share or transfer your information (including your personal information) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. We will take reasonable steps to assure that any other entity involved continues to comply with the terms of this Privacy Statement. We will notify you of such a change in ownership or transfer of assets by posting a notice on our website.
Sharing aggregate, anonymized, deidentified, or otherwise non-personal data: We may share aggregate, anonymized deidentified, or otherwise non-personal information that does not directly or indirectly identify you and that cannot, with reasonable effort, be used to reidentify you in order to improve the overall experience of our Services. Such aggregated, anonymized, deidentified, or otherwise not re-identifiable information is not personal information within the scope of this Privacy Statement.
Your Control Over Your Personal Information
You may decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of our Services or fulfill your requests. For example, we need your email address to authenticate you and perform account services such as password resets, or to provide you with customer support.
You may decline to accept cookies, but that decision may affect the functionality and performance of our Services.
You may update or correct your personal information at any time by accessing the account settings page on the website or within our platform.
You may opt out of receiving promotional communications from Aptible by using the unsubscribe link within each email. Note that, as long as you maintain an account with us, you will continue to receive administrative messages from us regarding the Services.
You may request information about, and access to, the personal data that we collect from you.
You may ask questions or make complaints about our privacy and data security practices with regard to your personal data.
You may request that we delete information that we have collected about you.
You may ask us for a copy of the information that we collected from you.
To exercise any of these options, or for additional information about our privacy and data security practices, contact us at email@example.com.
Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. That said, we certainly try very hard, employing a variety of organizational, technical and administrative measures to provide a level of security appropriate to the risk associated with the personal information you trust us with.
To that end, we manage our data protection program consistent with ISO 27001, SOC 2, HITRUST, and applicable legal and regulatory requirements such as HIPAA and GDPR.
Aptible’s ISO 27001 certification for Enclave and Gridiron is available here.
You can view Aptible’s HITRUST CSF standalone certification letter here.
Aptible’s current SOC 2 Type 2 report and HITRUST CSF Validated Assessment Report are available under NDA to customers only (please contact firstname.lastname@example.org for copies)
Please see our Security Policy for more details.
Aptible protects personal information under its control, and requires its service providers (see our Subvendor Directory) to also protect against, accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to, personal data transmitted, stored, or otherwise processed.
If you have concerns about the security of your information with Aptible, please contact us immediately at email@example.com to report an issue.
We retain your personal information only as long as necessary to accomplish the business purpose for which it was collected or to comply with our legal and contractual obligations, plus 1 year, and then securely disposes of that information.
Our Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us at firstname.lastname@example.org.
California Privacy Rights
California Civil Code Section 1798.83 permits Aptible customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at email@example.com.
Information for International Users
The core Enclave and Gridiron APIs are hosted in the United States. You may choose to run Enclave stacks in non-U.S. regions, such as the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law. Please note that when you use the core Enclave and Gridiron APIs, you are transferring your information outside of those regions to the United States for storage and processing. By providing your information, you consent to any transfer and processing in accordance with this Policy.
Information for EU-Based Individuals: EU-U.S. Privacy Shield Compliance
Aptible, Inc. is a participant in the U.S. Department of Commerce’s EU-U.S. Privacy Shield program, and has certified that we adhere to the EU-U.S. Privacy Shield Principles. Aptible is subject to the investigatory and enforcement powers of the Federal Trade Commission. For more information about the EU-U.S. and Swiss-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website.
EU-U.S. Privacy Shield Onward Transfers
For personal data transferred from the EU to the U.S. or other third country not determined to meet EU adequacy requirements, if we transfer your personal data to a third party, we will ensure that the third party is contractually obligated to process your data only for limited, specific purposes consistent with this policy. We will also ensure that the third party will apply the same level of protection to that data as the EU-U.S. Privacy Shield Principles and will notify us if it makes a determination that it can no longer meet this obligation. Aptible may be potentially liable if these requirements are not met.
Complaints, Questions, and Arbitration
In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, we strive to resolve all complaints about privacy and the collection or use of customer information. If you have questions about our participation in the Privacy Shield programs or have a complaint, please send an e-mail to firstname.lastname@example.org.
Under the Privacy Shield programs, any unresolved privacy complaints can be referred to an independent dispute resolution mechanism. We use the International Centre for Dispute Resolution®/American Arbitration Association®. If you feel that we have not satisfactorily addressed your complaint, you can visit the ICRD/AAA website at https://apps.adr.org/webfile/
for more information on how to file a complaint. In some cases, you may be able to invoke binding arbitration.
Changes to this Privacy Statement
We may change this Privacy Statement from time to time. If we make any changes, we will notify you by revising the version and date at the top of this Privacy Statement and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the log-in screen or sending you an email notification). You can also follow the GitHub repository for this site here: https://github.com/aptible/www.aptible.com
Your continued use of our Services after the revised Statement has become effective indicates that you have read, understood, and agreed to the current version of this Statement.
Please contact us with any questions or comments about this Statement, your personal information, our use and disclosure practices, or your consent choices by email at email@example.com.
Our Data Protection Officer is:
Charles Ballew, CIPP/E
If you’re reading this far: We’re looking for a new DPO, and VP of Compliance. Email us if you think you’re up for the job: we’re hiring.
Aptible is not established in the EU, however we do maintain a designated EU representative under Article 27 of GDPR:
VeraSafe Ireland Ltd
Unit 3D North Point House
North Point Business Park
New Mallow Road
The fastest, most convenient way to contact VeraSafe is via this form: https://www.verasafe.com/privacy-services/contact-article-27-representative