Calero-MDSL Privacy Policy
Welcome to the Calero-MDSL privacy policy. We respect your privacy and are committed to protecting your personal data. We have created this privacy policy to explain what personal data we collect, how we use and look after that personal data, and tells you about your privacy rights and how the law protects you.
This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you can download a pdf version of the policy here: download privacy policy.
Important information and who we are
Purpose of this privacy policy
This privacy policy aims to give you information on how we collect and process your personal data through your use of our website and suite of Internet-based products, solutions and services including any data you may provide through them.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
Our website, solutions, products and services are not intended for children and we do not knowingly collect personal data relating to children. If you become aware that a child has provided us with personal data, please contact us at privacy.officer@calero.com. If we become aware that a child has provided us with personal data, we will take steps to delete that information.
Calero-MDSL as Controller and Calero-MDSL as Processor
Calero-MDSL is made up of different legal entities, details of which can be found here: This privacy policy is issued on behalf of the Calero-MDSL Group so when we mention "Calero-MDSL", "we", "us" or "our" in this privacy policy, we are referring to the relevant company in the Calero-MDSL Group responsible for processing your data. We will let you know which entity will be responsible for your data when you purchase a product, solution or service from us. Telesoft, LLC (dba Calero-MDSL) is the controller and responsible for this website.
We have appointed a data protection officer (DPO) who is responsible for our compliance with and enforcement of this privacy policy and overseeing questions that may arise in relation to this privacy policy. We train our employees that have access to your personal data in relation to compliance with this privacy policy and applicable data protection laws. If you have any questions about this privacy policy or any privacy-related issue, including any requests to exercise your legal rights, please contact the DPO using the details set out at the end of this privacy policy.
Please note that we do not own or control the personal data that we process as a data processor on behalf of our customers or their users and we do not have a direct relationship with the users whose personal data may be processed in connection with providing services to our customers. Each customer is in control of what information, including any personal data, it collects from its users, how that information is used and disclosed and how that information can be changed. Such users should contact their customer administrator with any request for information or questions about their personal data or if they wish to exercise their legal rights in respect of such personal data, including requests about access to or correction of personal data contained in the electronic data uploaded to our suite of Internet-based products by or for a customer.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review and may amend this privacy policy at any time. When this privacy policy is amended, the revised version will be posted on our website. If required by applicable law, we will notify you of any material changes to the policy, and we will provide such notification by means of posting a notice on our website prior to the changes taking effect. This version was last updated on 17 November 2020. Historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website and our hosted webpages may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We encourage you to read the privacy policy of every website you visit to understand their policies before disclosing your personal data.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we group together as follows:
We collect, use and share Aggregated Data such as demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services) and it may limit our ability to communicate with you or fulfil your requests. In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
How is your personal data collected?
We collect data in various formats, including electronic, paper or verbal, and we use different methods to collect such data from and about you including through:
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the description below.
Marketing
Promotional offers from us
You will receive marketing communications from us if you have requested information from us or purchased products or services from us and you have not opted out of receiving that marketing. We use that information to decide which products, services and offers may be relevant for you. We do this on the basis of our legitimate interests (to develop our products/services and grow our business).
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us to stop sending you marketing messages at any time by following the opt-out links or unsubscribe functionalities in any communications sent to you.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
If you have received an unwanted, unsolicited email sent from us or purporting to be sent from us, please forward the email with your comments to privacy.officer@calero.com for our review.
Cookies
Like many Internet companies, we may also receive information through cookies, clear GIFs, pixel tags, and other similar technologies that we use on some of our web-hosted products and services. A cookie is a small piece of data that is stored on an end-user's hard drive. Cookies enhance your experience by saving you the effort of providing specific information each time you revisit our hosted webpages and by customising content based on your preferences. The information stored in cookies often does not reveal your identity directly; however, in some countries, including the European Economic Area, it is considered personal data.
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies and similar technologies we use, please see our Cookie Notice.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We do not sell, trade, distribute or rent personal data to third parties; however we may use third party contractors to supplement our workforce activities. We may share your personal data with the parties set out below.
We require all third parties to enter into a data processing agreement with us which requires them to respect the security of your personal data, to safeguard it and treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
International transfers
We share your personal data within the Calero-MDSL Group. This will involve transferring your data outside the United Kingdom and the European Economic Area (EEA). We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules". For further details, see European Commission: Binding corporate rules.
Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further details on the specific mechanism used by us when transferring your personal data.
Data security
We have put in place appropriate administrative, organisational, technical, security measures and physical safeguards to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Our hosted solutions maintain personal data on secure servers located in secure data centres with live personnel monitoring 24 hours a day, 7 days a week. Personal data stored on these servers is protected by various measures, including encryption, firewalls restricting access and unique login IDs and passwords.
In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know with limited access to perform only such functions as they are authorised to perform. They will only process your personal data on our instructions and they are made aware of their responsibilities to protect the security, confidentiality, and integrity of that data and will have been provided training and instruction on how to do so. We require our partners to use appropriate security measures.
Data security is paramount, and we are constantly re-evaluating and deploying, where appropriate, the latest technologies, including Secure Socket Layer encryption and firewalls, to enhance our security and the confidentiality of personal data. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Data retention
How long will you use my personal data for?
We will only retain your personal data 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. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
Your legal rights
If you wish to exercise any of the rights set out above, please contact our DPO at the contact details set out below.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data 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.
Time limit to respond
We try to respond to all legitimate requests within 1 month. Occasionally it could take us longer than 1 month if your request is complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Contact details
If you have any questions about this privacy policy or our privacy practices, or if you need to update, change or remove your information, please contact our DPO in the following ways:
| USA | UK and EU |
|---|---|
| Full name: Telesoft, LLC (dba Calero-MDSL) | Full name: Calero-MDSL Ltd |
| Address: Attn: Privacy, 5343 N 16th St., Suite 300, Phoenix, AZ, 85016, USA | Address: Attn: Privacy, Fourth Floor, 40 Torphichen Street, Edinburgh EH3 8JB, United Kingdom |
| Email: privacy.officer@calero.com | Email: privacy.officer@calero.com |
If you are not satisfied with how we handle such requests or how we otherwise process your personal data, you have the right to make a complaint at any time to our lead supervisory authority, the Irish Data Protection Commissioner (www.dataprotection.ie), or to your local supervisory authority for data protection issues, which, in the UK, is the Information Commissioner's Office (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority so please contact us in the first instance.
EU-U.S. and Swiss-US Privacy Shield
All U.S. subsidiaries using the brand name "CALERO-MDSL" comply with the EU-U.S. Privacy Shield Framework and the Swiss - U.S. Privacy Shield Framework set forth by the United States Department of Commerce with respect to the collection, use and retention of Personal Data transferred from the European Economic Area ("EEA") and Switzerland to the United States as further described in the Scope section below. This Privacy Shield Policy outlines our commitment to the Privacy Shield Principles (the "Principles") and our practices for implementing the Principles. If there is any conflict between the terms in this Privacy Shield Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. CALERO-MDSL's Privacy Shield certification can be found here. To learn more about the Privacy Shield Framework, please visit the Department of Commerce's dedicated Privacy Shield website, located here.
CALERO-MDSL is subject to the authority in the US of the Federal Trade Commission (FTC). As such, the FTC has jurisdiction to hear any claims against CALERO-MDSL regarding possible unfair or deceptive practices and violations of laws or regulations governing privacy.
Choice
In accordance with the Privacy Shield Principles, CALERO-MDSL will offer Customers and Users choice to the extent it (i) discloses their Personal Data to third party Controllers, or (ii) uses their Personal Data for purpose that is materially different form the purposes for which the Personal Data was originally collected or subsequently authorized by the Customer or User. To the extent required by the Principles, CALERO-MDSL also will obtain opt-in consent if it engages in certain uses or disclosures of Sensitive Data. Unless CALERO-MDSL offers Customers and Users an appropriate choice, CALERO-MDSL uses Personal Data only for the purposes that are materially the same as those indicated in this Policy.
CALERO-MDSL may disclose Personal Data of Customers and Users without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors that CALERO-MDSL has retained to perform services on its behalf and pursuant to its instructions, (ii) if it required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. CALERO-MDSL also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Liability for Onward Transfers
CALERO-MDSL complies with the Privacy Shield's Principle regarding accountability for onward transfers. CALERO-MDSL remains liable under the Principles if its onward transfer recipients process Personal Data in a manner inconsistent with the Principles, unless CALERO-MDSL proves that it was not responsible for the event giving rise to the damage.
Dispute Resolution
If CALERO-MDSL maintains your Personal Data in one of the Services within the scope of our Privacy Shield certification, you may direct any inquiries or complaints concerning our Privacy Shield compliance to privacy.officer@calero.com, or in the U.S. or EEA by regular mail as indicated below. CALERO-MDSL shall respond within 45 days. If your complaint cannot be resolved through CALERO-MDSL's internal processes, CALERO MDSL will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website at https://wwww.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the relevant JAMS rules. The mediator may propose any appropriate remedy, such as deletion of the relevant Personal Data, publicity for the findings of non-compliance, payment of compensation for losses incurred as a result of non-compliance, or cessation of processing of Personal Data of the Customer or User who brought the complaint. The mediator, or the Customer or User, also may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over CALERO-MDSL. Under certain circumstances, Customer and Users may be able to invoke binding arbitration to address complaints about CALERO-MDSL's compliance with the Principles.
SaaS Terms of Service
Calero-MDSL hereby grants and End User Customer accepts, according to the terms and conditions defined herein, the access to a nontransferable, limited, non-sub-licensable, non-exclusive individual SaaS license to operate the software. End User Customer agrees to use the SaaS Licensed Software only for its own use in processing its own data in connection with the Services provided. “SaaS Licensed Software” means Calero-MDSL’s proprietary Software components as specified to be hosted within Calero-MDSL’s data center, managed by Calero-MDSL personnel and not offered for installation at the End User Customer location. Calero-MDSL SaaS Licensed Software will include future releases or versions and related updates, if generally made available to all Calero-MDSL SaaS licensed customers and all available documentation.
1. Modification to the SaaS Licensed Software
Calero-MDSL may make modifications to the SaaS Licensed Software or particular components of the SaaS Licensed Software from time to time and will use commercially reasonable efforts to notify End User Customer of any material modifications.
2. Intellectual Property Rights
End User Customer acknowledges that, with the exception of third-party products incorporated in the SaaS Licensed Software, the SaaS Licensed Software, including its programs, screens, database schema, concepts, and documentation, has been designed by and remains the intellectual property of Calero-MDSL and is the Confidential Information of Calero-MDSL. The SaaS Licensed Software is Calero-MDSL's exclusive property and may be used by End User Customer only in accordance with the terms of this Agreement. Calero-MDSL grants End User Customer no rights to the SaaS Licensed Software other than as specifically set forth herein, and Calero-MDSL retains, on an exclusive basis, all proprietary rights in and to the SaaS Licensed Software and all intellectual property relating thereto. End User Customer may not disclose or make available to the SaaS Licensed Software or any portion thereof to anyone other than Authorized Users without Calero-MDSL’s prior written consent, including but not limited making the SaaS Licensed Software available to any consultants or service providers working on End User Customer’s behalf. Any and all work performed under or related to this Agreement is not a “work for hire” and Calero-MDSL shall own all intellectual property rights relating to the work performed under this Agreement including any modifications to the SaaS Licensed Software or delivered materials. End User Customer shall not make, support or permit any claims adverse to Calero-MDSL’s rights set forth herein. "Confidential Information" means any information, technical data, or know-how, including, but not limited to, that which relates to research, product or service plans, business practices, agreement terms, products, services, employees, suppliers, customers, technology or other strategic partners, stockholders, markets, software, know-how, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing, finances, notes, analyses or studies and all tangible and intangible embodiments thereof of any kind whatsoever, whether conveyed in writing or orally by the disclosing party or its associates.
3. Limitations of Use/Indemnity
End User Customer agrees it will not (i) sell, rent, lease, re-license, operate, provide access, copy, duplicate or give away all or any portion of the SaaS Licensed Software to or for any other party or entity, (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the SaaS Licensed Software, or (iii) use the SaaS Licensed Software other than in accordance with the terms of this Agreement, without prior written approval from Calero-MDSL. End User Customer agrees that it is specifically prohibited from modifying, translating, reverse engineering, de-compiling, or disassembling the SaaS Licensed Software, or from creating derivative works based on the SaaS Licensed Software, and waives any right it may have to perform such activities.
4. Limitations of Access
Calero-MDSL reserves the right to block access to the SaaS Licensed Software from certain countries, geographic regions and/or IP address ranges that are deemed high risk by Calero-MDSL. If End User Customer requires access from those countries, geographic regions and/or IP address ranges, End User Customer shall request such access in writing. Calero-MDSL may, at its own discretion, grant in writing End User Customer access to SaaS Licensed Software from those requested countries, geographic regions and/or IP address ranges.
