Welcome to Executive Software, a provider of software solutions designed for the mental health – employee wellness industry.
The Executive Software website (“Website”) is owned and operated by Executive Software Limited, a limited liability company registered in New Zealand, with its registered office at 8 Nikau Way, Riverhead 0820, New Zealand (“Executive Software”, “we”, “us” or “our”).
As further detailed below, if you reside in the United Kingdom, European Union (“EU”), or European Economic Area (“EEA”), you may have additional rights with respect to your personal information (such as under the UK and/or the EU General Data Protection Regulations (“GDPR”)).
We and our third-party providers and business partners who enable us to operate our website may gather the following types of information about you from your access to and use of the Website and Services:
(a) personal information and any other information, provided by you, both at the time of subscribing for the Services and also when you use the Website and Services, including name, address, email address, telephone number, contact details, IP address; and
We may receive personal information about you from various third parties including analytics providers (such as Google) and/or financial and transaction information from our payment processors.
Where we need to collect personal information by law, or for the purposes of providing the Website and Services to you, failure to provide necessary personal information when requested may result in certain functionality and services not being available to you.
If you contact us with a complaint or query, we may also keep a record of any phone number used to call our customer service number as well as the correspondence related to dealing with a query or any request you had.
2. Purposes for Processing your Personal Information
We may use the personal information we collect from you:
(a) to provide you with (and assist you with using) the Website and Services;
(b) to enhance the delivery of the Website and Services to you;
(c) to contact you in relation to your use of the Website and Services;
(d) to monitor your use of our Services and to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device;
(e) to notify you of any changes to the Website and Services;
(f) to allow us to process payments in relation to the Services;
(g) to monitor, develop and improve our products, services, the Website and the Services;
(h) to provide customer support and ensure we provide a good level of customer service;
(i) for marketing purposes, to tailor any marketing or advertising so that it is more relevant to you, provided that where required in your jurisdiction we receive any required consent from you for this;
(j) to comply with our legal obligations; and
(k) for any other use that you authorise.
Where we need your consent so that we can send marketing communications to you, we will obtain your consent before doing so. Where you have given your consent, you have the right to withdraw consent to marketing communications at any time by emailing us at email@example.com, or by unsubscribing through the unsubscribe link in the email. If you elect not to receive communications or ask to be removed from a mailing list, we may still send you communications where it is necessary for the provision of the Website and Services, or to provide you with details of the Services.
For UK, EU and EEA residents: We try to ensure all our activities relating to personal information are necessary and have a lawful basis for processing. These bases include:
(a) Consent: personal information you have allowed us to collect and process with your consent.
(b) Contract: personal information we need to fulfil a contract we have made with you or to provide goods or services you have requested from us.
(c) Legal obligation: personal information we need to collect and process to comply with the law.
(d) Vital interests: personal information we need to use in order to protect you or someone else’s safety.
(e) Public interest: personal information we process, use or share to perform a specific task in the public interest, at the request of an official authority or as required by law.
(f) Legitimate interests: personal information we, or a trusted third party, need to achieve our legitimate interests (including your individual interests, social benefits or our commercial interests), provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights.
Please contact us by sending an email to firstname.lastname@example.org if you would like to learn more.
We will only use your personal information for the purposes for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
3. Disclosure of information
We will only share personal information with other organisations or individuals in the following limited circumstances:
(a) Where we engage the following categories of third parties to perform services on our behalf or assist in providing the Website and Services:
(i) hosting and storage providers;
(ii) development, maintenance, support and backup services providers;
(iii) technical support providers, to help improve the Services and Website;
(iv) payment processors, financial and credit card institutions;
(v) customer support providers;
(vi) in the event that we sell any business or assets, in which case we may disclose your personal information to the prospective buyer of such business or assets. If we or substantially all of our assets are acquired by a third party, personal information held by us about our customers and visitors to our websites will be one of the transferred assets; and
(vii) marketing and research agencies.
We will ensure that these parties agree to use personal information only as required to perform their functions (and not for other purposes), and to process the personal information in accordance with applicable privacy laws.
(b) We may need to disclose your personal information: (i) to satisfy any applicable law, regulation, legal process or government request; (ii) for the prevention of fraud or other illegal activities; (iii) related to suspected or actual violations of any agreement you have with us; and/or (iv) to safeguard our rights and the rights and safety of others.
For UK, EU and EEA residents: Where we share your personal information with our service providers, these entities will be data processors and will only process personal information under our instructions. Where we disclose your personal information to other third parties, these parties may be (unless otherwise stated) controllers of the information.
4. Cookies and tracking
We may use a cookie file containing information that can identify details of your IP address, device platform (e.g. Windows, Mac OS, iOS or Android), browser (e.g. Edge, Safari, or Chrome), domain (whether you are accessing the Website and Services from New Zealand or elsewhere) and other user information (e.g. your username). A cookie is a small file of letters and numbers that we may set on your device. We may use the information generated by cookies to: (a) track traffic patterns to and from the Website and Services; (b) ensure any advertising or communications are being shown to the most appropriate person; and (c) enable you to enter the Website and use certain services or functionality.
The cookies we use fall into the following categories:
Session cookies: These allow our site to link your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards.
Persistent cookies: These are stored on your device in between browser sessions. They allow your preferences or actions across the site to be remembered. These will remain on your device until they expire, or you delete them from your cache.
Strictly necessary cookies: These cookies are essential for you to be able to navigate the site and use its features. Without these cookies, the services you have asked for could not be provided.
5. Content providers, advertisers and partners
We do not control the practices of content providers, advertisers, partners and other third parties connected with the Website or Services and to whom you provide personal information whilst using the Website and Services. The Website and Services may contain links to other sites, which may not follow the same privacy policies that we adopt. We recommend that you check any relevant privacy policies before providing your personal information to any third party.
We use software and systems which analyse information provided through the Website and Services on an aggregated basis. This information is collected and aggregated so you cannot be identified personally and no personal information is stored about you through these analytics.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. As no data transmission over the internet can be guaranteed to be completely secure, we cannot ensure the security of any information you transmit or receive through the Website and/or Services. While we take precautions to minimise the related risks, these activities are conducted at your own risk.
8. Holding, correcting and updating
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
You have the right to make a complaint at any time to the relevant supervisory authority for data protection issues in your country. We would, however, appreciate the chance to deal with your concerns before you approach them, so please contact us in the first instance.
For UK, EU and EEA residents: We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
You may have the following rights under data protection laws in relation to your personal information (in addition to those mentioned above):
(a) right to erasure of your personal information;
(b) right to restriction of processing of your personal information;
(c) right to portability of your personal information;
(d) right to object to processing of your personal information;
(e) right not to be subject to significant automated decision-making (including when based on profiling); and/or
(f) right to withdraw consent to processing of your personal information at any time.
We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of the rights set out above, please email email@example.com. In addition, where the GDPR applies to our processing you also have the right to lodge a complaint with the relevant supervisory authority (for example ICO in the UK) but we would value the opportunity to resolve the matter ourselves first where possible.
9. UK, EU and EEA Residents: International Transfers
Many of our external third parties are based outside the UK, EU and EEA so their processing of your personal information will involve a transfer of information outside these jurisdictions. The personal information that we collect may therefore be transferred to, and stored at, a destination outside the UK, EU or the EEA, including countries, which have less strict, or no data protection laws, when compared to those in the UK, EU or the EEA. Whenever we transfer your personal information out of the UK, EU or EEA, we ensure a similar degree of protection is afforded to it.