PYTHIAN PRIVACY POLICY

  1. Privacy Policy Notice

    This Privacy Policy describes how we collect, use, process, transfer, store or disclose your Personal Information (defined below) when you use Pythian websites (the Sites) or use the services we provide (the Services) in any other way. We may change this Privacy Policy from time to time, and if we do we will post any changes on this page. If you continue to use the Services after those changes are in effect, you agree to the revised policy.

    The terms "Pythian", "we", "us", and "our" refer to The Pythian Group Inc. and its affiliates, including Pythian USA Inc., Pythian Australia Pty Ltd., Pythian India Private Limited, and Pythian UK Ltd. The terms "you", "your" and "yours" refer to any natural person that is a user of the Sites or the Services on its own behalf or when acting on behalf of an organization, as the case may be.

    By using the Sites and/or the Services in any way, including, without limitation, registering a user account, logging in, posting comments, participating in forums, wikis or blogs, purchasing products, applying for membership, or otherwise submitting Personal Information in any manner, you are consenting to the use of such Personal Information in accordance with this Privacy Policy.

    The Sites contain links to other websites owned and/or managed by third parties, some of which use of cookies, ("Third Party Websites"). As a user of these links, it is your responsibility to understand the privacy policies of the Third Party Websites you visit. Once you leave our Sites using links, Pythian has no control over information that is submitted to or collected by any third parties and we are not responsible for activities or practices of any Third Party Websites. The scope of this Privacy Policy does not include any Third Party Websites.

  2. Categories of Information Collected

    • Personal Information

      The term Personal Information in this Privacy Policy means any information relating to an identifiable individual, such as name, date of birth, address, telephone/mobile number, email address or payment information, and any other information that is required by applicable law to be treated as Personal Information. Personal Information does not include "aggregate" or "Anonymized Information" which is data we collect about a user, or group or category of users' use of the Services and or the Sites, from which individual identities or Personal Information has been removed, including, without limitation, information about your device or internet browser, information obtained from cookies that have been placed on your device or internet browser at our Sites or at other websites that you have visited, demographic information, aggregated information, blind information about how you use our Services and about the transactions you perform using our Sites or Services, and other information obtained through your access to or use of our Sites that does not identify you personally.

    • Cookies

      We use "cookies" to provide you with a better online experience. A cookie is a small text file that can be placed on your system when you visit a website. Cookies allow us to collect both Personal Information and Anonymized Information, such as browser type, time spent on a website, pages visited, language preferences, and information about your relationships with us. Cookies allow us to facilitate image changes, collect anonymous aggregate website traffic, provide certain discount, promotional and reward programs to you, and personalize our services to your needs. Our Sites do not require users to accept cookies, and you can set your browser to notify you when you receive a cookie, giving you the opportunity to decide whether or not to accept it. If you choose not to accept cookies, you may experience some reduction in graphics and other personalized services. You also may need to accept cookies in order to maintain certain online advertising opt-out elections (see "Use of Information for Advertising" section below).

    • Third Party Information

      If necessary to fulfill Pythian's identified purposes, Pythian may combine the information you submit to Pythian with information obtained from other sources or third parties. For example, Pythian may receive Personal Information about you from third parties involved in providing you with the products, services, software and websites you are using, such as from other service providers you engage to use the Pythian Services. Pythian treats all such Personal Information in accordance with this Privacy Policy and the terms and conditions between Pythian and any such third parties, if any that apply. However, the third party's own use of your Personal Information in such cases will be determined by your own agreement(s) with the third party, unless the third party is a Pythian service provider.

    • Minimum Information Required

      There is a minimum information you need to provide to complete any specific transaction or access any particular area of the Sites, register a user account and/or access certain features of our Services. The minimum information required from you is detailed on the applicable Sites' pages or forms. You will be unable to place an order or complete a registration without providing minimal information required for the transaction. In some cases, other optional information is also requested, which you may elect to provide. This optional information allows us to provide you with a more personalized experience.

      Some of the information listed in the bullets above would not in itself identify you to Pythian or be personally identifiable and, therefore considered Personal Information. If Pythian combines any such non-Personal Information with other Personal Information available to Pythian, then the combined information will be treated as Personal Information in accordance with this Privacy Policy.

    • Non-Personal Information

      Information related to your visit to our Sites may be automatically collected and temporarily stored.

  3. Purposes for Using your Personal Information

    When you use the Sites or the Services, correspond with Pythian, or otherwise interact with Pythian, Pythian may process your Personal Information for the following Purposes:

    • To understand and meet your need preferences, and to provide you with Pythian Services, including, without limitation:
      • For purposes relating to the activation of your account, billing, maintenance, support, deactivation and resolving disputes purposes;
      • To fulfill or enforce applicable notices;
      • To respond to your inquiries;
    • To develop new and enhance existing Pythian Services, including sending notices on upgrades or updates relating to Services or software used in connection with such Services or relating to promotions or events.
    • To manage and develop our business operations, including, for example, to monitor, detect, investigate, mitigate or attempt to prevent security issues; to protect our operations or those of any of our affiliates; to protect our rights, safety and property, and those of our affiliates, you or others; and to allow us to pursue available remedies or limit damages that we may sustain.
    • To comply with legal and regulatory requirements and legal processes, including, without limitation, to respond to lawful requests from public and government authorities, including to court orders, warrants and other legal processes, and
    • For any other purposes for which you have consented, such as those that may be set out in notices and other purposes as permitted or required by any applicable law.


      Anonymized Information is used to build quality and useful Sites and Services and to improve and offer additional services to you.



  4. Retention, International Operations and Onward Transfers

    • Retention

      Personal Information is retained by Pythian for no longer than necessary to fulfill the stated purposes, or for a period specifically required by applicable laws. When no longer required, Pythian will take steps to have the information deleted, destroyed, erased, aggregated or made anonymous.

    • International Operations and Onward Transfers

      Pythian is a Canadian company with international presence and with offices in multiple jurisdictions. Except where a Pythian affiliate has its own separate privacy policy, all of Pythian operations and onward transfers are subject to this Privacy Policy. Pythian complies with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA).

      You agree that, to be able to provide you with our Services and to facilitate the use and functioning of our Services, your Personal Information may be collected, used, processed, transferred or stored by or on behalf of Pythian in multiple jurisdictions, including Canada, the United States and any other countries where Pythian or our service providers have offices or facilities, including countries that may be outside of the region where you are located. If you are a resident of the European Economic Area (the "EEA") or a country that restricts data transfers outside of that jurisdiction without your consent, you consent to your Personal Information being transferred outside of the EEA or your country for processing or storage by or on behalf of Pythian.

  5. Use of Personal Information in Connection with Commercial Electronic Messages

    In order to comply with Canadian Anti-Spam legislation (“CASL”), Pythian will seek your express consent prior to sending any commercial electronic messages (including for marketing purposes), unless you have already provided your consent (opt-in approach). You may opt out from receiving emails from Pythian as provided under section 11 below.

  6. Sharing and Disclosure to Third Parties

    We share your information with third parties as permitted or required by law. In accordance with this Privacy Policy, Pythian may share your Personal Information within Pythian or with our service providers. Pythian may also share information with financial, insurance, legal, accounting and other advisors that provide professional services to Pythian.

    Pythian may also share information in a manner consistent with this Privacy Policy with third parties involved in providing Pythian Services to you including, without limitations, providers, payment processors, and subcontractors. In certain situations where you purchase or use a third party service, Pythian may share certain information with the third party for purposes of providing you with the product, service or software and your information will then be subject to the third party's privacy policy. We encourage all our users to learn about the privacy practices of such third parties before agreeing to purchase or obtain their products, services or software.

    Additionally, information may be disclosed to third parties who have written agreements with Pythian to protect Personal Information in a manner consistent with Pythian's Privacy Policy or other specific instructions or requirements. Pythian has procedures in place to evaluate that the third parties have effective controls to meet the terms of the agreement, instructions, or requirements. For example, except where Pythian is required or permitted by law to disclose personal information, our service providers to whom we provide your Personal Information typically agree to hold the information in confidence and only use the information for the purposes for which it was provided or to comply with applicable laws.

    Types of disclosures, including but not limited to the following, may be made without asking for explicit consent from you:

    • When information is necessary for the detection or prevention of fraud;
    • When disclosure is to a lawyer of Pythian;
    • When disclosure connected to Pythian enforcement proceedings is required or authorized pursuant to Pythian bylaws;
    • In connection with the sale or transfer of Pythian or substantially all of their assets;
    • As necessary pursuant to lawful requests, such as to respond to subpoenas, warrants, court orders, or other related legal requests or proceedings; and
    • As may otherwise be permitted or required by law.
  7. Parents and Children

    We do not knowingly collect personally identifiable information from children under 13. We will cancel the registration of any user account initiated by a child upon becoming aware of any such registration. Parents have the right to terminate the registration of a child under 13. Please contact Pythian at security@pythian.com to instruct such termination.

  8. Accuracy of Your Personal Information

    Pythian will take reasonable steps to keep your Personal Information accurate, complete and updated. We depend on you to update or correct Personal Information when necessary.

  9. Access to Your Personal Information

    Subject to the paragraph below, you always have access to the Personal information we have about you. Your Personal Information can be accessed or updated through your account profile.  You also have the option of requesting your Personal Information from us in a readable format by emailing privacy@pythian.com. Upon written request, we will inform you whether or not we hold Personal Information about you and will provide you with access to your Personal Information within a reasonable timeframe. Charges for access to personal information, if any, will be proportional to the cost of providing requested access.

    In order to safeguard your Personal Information from unauthorized access, we may ask you to provide sufficient information to confirm your identity before granting you access to your Personal Information.

    In certain circumstances and depending on applicable laws, we may not be able to provide you with access to all the Personal Information we have about you. For example, we may not grant you access to information if such access:
    • would likely be revealing Personal Information of a third party;
    • could reasonably be expected to threaten the life or security of another individual;
    • would reveal Pythian or third party confidential information;
    • includes information that is protected by solicitor or attorney client privilege; or
    • includes information that was processed in connection with an investigation of a breach of an agreement or any law.
  10. Security

    Pythian has implemented and maintains administrative, technical, and physical security measures for the safeguard of your Personal Information from unauthorized access, alteration, loss, theft or disclosure. These measures include computer safeguards and secured files and buildings. In the event we share information with third party service providers, we restrict the ability of such parties to use or disclose the information we furnish. We also require such parties to apply appropriate security measures to protect information.

    We use reasonable measures to strive to safeguard and secure the Personal Information we collect. Any transmission of Personal Information to Pythian is at your own risk. Technology, such as, but not limited to, Transport Layer Security (TLS) or Secure Shell (SSH), is used to enhance security and reduce risk of loss. We update and test our security technology on an ongoing basis. We restrict access to your Personal Information to those personnel who need to know that information to provide Services to you. In addition, we train our personnel about the importance of confidentiality and maintaining the privacy and security of your information.

    You also have an obligation to safeguard your Personal Information. Our security practices, processes and technology do not guarantee absolute security of your information and you can reduce the risk of unauthorized access to your Personal Information by using common sense security practices, including, but not limited to, controlling access to your computer systems, creating a strong password, using different passwords for different Services, using up-to-date antivirus software, not sharing passwords, closing browsers, and not using public networks (e.g., internet cafes, etc.). Just as Pythian does with its personnel, employees of the Organizations are advised to treat any personal Information with care.

    To report any suspected privacy breach, please refer to section 12 below.

  11. Managing your Preferences (Choices and Opt-Out)

    • Generally

      You may withdraw your consent at any time for Pythian to process your Personal Information in accordance with this Privacy Policy, subject to legal or contractual restrictions and reasonable notice. You understand, for example, that Pythian may need to process your Personal Information for the provision of certain Services, including those that require payment or involve an ongoing contractual relationship. As such, Pythian may continue to use your Personal Information if contractually obligated to provide you with the requested Services or as necessary to enforce any contractual obligations you may have with Pythian.

      If you withdraw your consent for Pythian to use your Personal Information, Pythian may not be able to provide you with Services. To withdraw your consent, send a written request to privacy@pythian.com

    • Cookies

      You may manage your preferences with respect to cookies as described in section 2 of this Privacy Policy.

    • Unsubscribe Mechanism for Marketing

      You may opt out from receiving marketing emails from Pythian by using the unsubscribe mechanism provided in the relevant email or by sending a request to privacy@pythian.com.

  12. Contact Information and Questions About this Privacy Policy

    Users of Pythian Sites and Services are encouraged to make any suggestions or report any suspected privacy breach by sending an email to privacy@pythian.com. All reports of suspected breaches will be investigated by Pythian personnel familiar with the related security operations.

    If you have any questions relating to this Privacy Policy, please contact us at privacy@pythian.com or write to The Pythian Group Inc., at 319 McRae Ave., Suite 700, Ottawa, Ontario, Canada K1Z 0B9 (attention Legal Department).

Last updated 2017-06

© The Pythian Group Inc., 2017