Effective from July 1, 2022
- Introduction. Your privacy is of paramount importance to CWN Media and its affiliates are referred to collectively in this policy as as “CWN Media”, “we”, “us” or “our.” Our affiliates are:
- “Account-Related Information” means contact information, payment information, and biographical information about our customers’ representatives and contacts used for marketing, opening new user accounts to use CWN Media’s platform, and to maintain existing accounts.
- Allowing you to register for a CWN Media account (an “Account”) on our website or any mobile application. Any users who use an Account will also
a customer chooses to test (and for mobile applications, the application package itself); (ii) data a customer submits or creates as part of a test, including test scripts and
Content. In our agreements with customers, they specifically agree not to use the Services to collect, store, process or transmit any Personal Information other than Account-Related Information, and will not submit to the Services any Customer Content containing any Personal Information. Our website and Services are intended for use by adults. We do not knowingly collect and Personal Information from users under 18 years of age.
- Privacy Shield Disclosures. CWN Media complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal
- Types of Information We Collect. You must register an Account in order to use the Service. The registration process asks for Account-Related Information: a full name, password, email address, IP address,
zip code and last four digits of your credit card (and address and contact details, which are optional). When you are running tests on CWN Media, we log additional information like browser used, your latency to remote VM, your plan information, integration used, local, performance numbers etc. When you log into the Service, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type and settings, browser language, the address
basis for receiving such information is the consent of the individual. Note to California residents: CWN Media does not currently have a mechanism to take action in response to a “do not track” signal or browser setting. There is no
current standard way of handline such signals. If and when the industry creates standards for responding to them, CWN Media will reappraise its handling of “do not track” signals.
- Cookies. A cookie is a small text file that is placed on your device by a web server which enables a website and/or mobile app to recognize repeat users, facilitate the user’s
- Use of Account-Related Information and Other Personal Information. CWN Media only processes Account-Related Information for the purpose of providing, improving, and ensuring the delivery of the Service, developing new related
services to users, and personalizing the way our content is presented to you and ensuring that content on our Service is presented in the most effective manner for you and for your computer/device. Specifically, we may collect (i) names and email addresses for uniquely identifying users and for communication to users, (ii) IP addresses for identifying the latency for our user and tweak his/her tests configuration to provide better performance, based on latency; for optimized streaming experience, having an IP address helps us establish better path and protocol; to identify
misuse of our service from one IP address/region or country; (iii) URLs to identify spam on our infrastructure from paid or free accounts; to debug issues around stability
- to provide you with information about our Service, activities or online content, including sending emails or similar correspondence and updates or responding to any contact you have made with us, e.g. on our website, by email or via the ‘How To Contact Us’ facility referred to below;
- to invite you to participate in surveys about our services (participation is always voluntary). We use the Personal Information in your job application, cover letter, or resume to process and consider your application. Where we wish to use Account-Related Information or Personal Information in any other way, we will ensure that we notify you and get your consent first. You will be given
- Individual Rights of Individuals within the European Economic Area.
- Overview of Individual Rights.
rights in respect of such Personal Information:
- the right of access to Personal Information relating to you;
- the right to correct any mistakes in your Personal Information;
- the right to object and ask us to stop contacting you with direct marketing;
- rights in relation to automated data processing;
- the right to restrict or prevent your Personal Information being processed;
- the right to have your Personal Information ported to another data controller;
- the right to erasure; and
- the right to complain to the DPC if you believe we have not handled your Personal Information in accordance with applicable data protection law. These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of your Personal Information, please contact us
(see ‘How To Contact Us’ below). We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex or
cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to applicable data protection law, we will respond within that time period. If you are within the European Economic Area, and to the extent that you wish to exercise any of the above rights in respect of Personal Information contained in
Account-Related Information, please contact us (see ‘How To Contact Us’ below). As mentioned above, CWN Media does not permit customers to include Personal Information in Customer Content provided to CWN Media’s Services (other
than Account-Related Information). Nonetheless, if a data subject contacts CWN Media directly concerning the exercise of individual rights in relation to Customer Content, contending that his or her Personal Information is included in Customer Contact, CWN Media will contact the relevant customer and provide reasonable cooperation to the customer to respond to the data subject’s request.
- Right of Access to Personal Information Relating to You.
See Section 9 below.
- Right to Update or Correct Mistakes in Personal Information Relating to You (Rectification).
See Section 9 below.
- Right to Object to Contacting You with Marketing Messages.
If you are user working on behalf of an existing CWN Media customer, and we have your Account-Related Information under an agreement with that customer, we have a legitimate interest to send you electronic communications/direct marketing in connection with the Service and related matters (which may include but shall not be limited to newsletters, announcement of new features etc.). We may also ask you different questions for different services, including competitions. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
- email or write to us (see ‘How can you contact us’ below). You can also click on the ‘unsubscribe’ button at the bottom of the electronic communication. It may
take up to 15 days for this to take place; and
- let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to
contact you by email but not by telephone). We will provide you with information on action taken on a request to stop direct marketing – this may be in the form of a response email confirming that you have
‘unsubscribed’. Unsubscribing from direct marketing does not unsubscribe you from essential electronic communications in respect of the administration of Your Account.
- email or write to us (see ‘How can you contact us’ below). You can also click on the ‘unsubscribe’ button at the bottom of the electronic communication. It may
- Right to Restrict or Prevent Processing of Personal Information.
In accordance with applicable data protection law, you may request that we stop processing your Personal Information temporarily if:
- you do not think that your Personal Information is accurate (but we will start processing again once we have checked and confirmed that it is accurate);
- the processing is unlawful but you do not want us to erase your Personal Information;
- you believe we no longer need the Personal Information for our processing; or
- you have objected to processing because you believe that your interests should override the basis upon which we process your Personal Information. If you exercise your right to restrict us from processing your Personal Information, we will continue to process the Personal Information if:
- you consent to such processing;
- the processing is necessary for the exercise or defense of legal claims;
- the processing is necessary for the protection of the rights of other individuals or legal persons; or
- the processing is necessary for public interest reasons.
- Right to Data Portability.
In accordance with applicable data protection law, you may ask for an electronic copy of your Personal Information that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to Personal Information that you have provided to us – it
does not extend to data generated by us. In addition, the right to data portability also only applies where:
- the processing is based on your consent or for the performance of a contract; and
- the processing is carried out by automated means.
- Right to Erasure.
Please note our data retention periods, as set out in Section 11 below.
In accordance with applicable data protection law, you can ask us
‘How To Contact Us’ below) to erase your Personal Information where:
- if you had given us consent to process your Personal Information, you withdraw that consent and we cannot otherwise legally process your Personal Information;
- you object to our processing and we do not have any legal basis for continuing to process your Personal Information;
- your Personal Information has been processed unlawfully or have not been erased when it should have been; or
- the Personal Information have to be erased to comply with law. We may continue to process your Personal Information in certain circumstances in accordance with applicable data protection law (i.e. where we have a legal basis to
continue to store or preserve such Personal Information, for example because it is within our legitimate business interest to do so (e.g. retaining evidence of resolved support requests, billing information etc.). Where you have requested the erasure of your Personal Information, we will inform recipients to whom that Personal Information have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.
- Right to Withdraw Consent.
- Overview of Individual Rights.
in this section. By the nature of our Service, and in connection with the collection of website analytics under Sections 3 and 4 above, CWN Media will gather statistics about the usage of your website and store that information. CWN Media will not share your website statistics without your consent. If CWN Media becomes involved in a merger, acquisition, or any form of sale of some of all of its assets (including in a bankruptcy, insolvency, receivership, or similar proceeding), you agree that we will be able to transfer Account-Related Information to any successor or transferee third party. CWN Media shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless Market Wire
News proves that it is not responsible for the event giving rise to the damage. We may share with third parties certain pieces of aggregated, non-personal information such as the number of sites, devices accessed while using CWN Media, for
example. Such information does not identify you individually. We restrict access to Personal Information to employees, contractors, agents, and subcontractors who need to know that information in order to operate, develop, or improve our Service.
These individuals and businesses are bound by confidentiality obligations and may be subject to discipline, including termination, civil litigation, and/or criminal prosecution, if they fail to meet these obligations. Account-Related Information may be transferred to, stored at, or accessed from a destination outside the European Economic Area (“EEA”) for the purposes of us providing the Service. It may also be processed by staff operating outside the EEA who work for us, another corporate entity within our group, or any of our suppliers. By submitting Account-Related Information, you explicitly consent to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Account-Related Information is treated securely and in accordance with this Policy. The safeguards in place with regard to the transfer of Account-Related Information outside of the EEA are the entry by us into appropriate contracts with all transferees of such data and/or assurance that the data importer is subject to a code of conduct or certification imposing reasonable and appropriate data protection safeguards. All Account-Related Information you provide to us is stored on our (or contracted third party) secure servers. Where we have given you (or where you have chosen) a password which enables you to access the Service, you are responsible for keeping this password confidential. We ask you not to share a password with any person not authorized to use the Service. Also, we may disclose Account-Related Information or other Personal Information when required by a subpoena, court order, search warrant, other legal process, lawful
requests by law enforcement or other public agencies, or applicable law. These requests may include those pursuant to national security or law enforcement requirements. Moreover, we may disclose Account-Related Information or other Personal Information to the extent necessary to maintain the security of our websites, resolve disputes, or investigate possible misconduct. We use third party service providers and their websites to collect certain Personal Information on our behalf, such as a payment services and a hosted job application site. We require our service providers to maintain appropriate administrative (organizational) and technical measures designed to protect the security and confidentiality of any Personal Information these service providers process on our behalf.
- Security of Account-Related Information and Other Personal Information. We implement reasonable and appropriate administrative, physical, and technical safeguards to protect user privacy and protect Account-Related Information and other Personal Information. We restrict access to Account-Related Information and other Personal Information to employees, contractors, agents, and subcontractors that need to know such Personal Information in order to operate, develop or improve the Services that we provide. When we outsource any processes, we require the service provider to have reasonable and appropriate security measures in place.
We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risks that are presented by the processing of Account-Related Information and other Personal Information we collect. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration,
unauthorized disclosure of, or access to Account-Related Information and other Personal Information transmitted, stored or otherwise processed. Unfortunately, the transmission of information via the internet is not completely secure. Although we will implement safeguards to protect Account-Related Information and
other Personal Information we collect, we cannot guarantee the security of any data transmitted us and any transmission of Account-Related Information is at your own risk. Once we have received your Personal Information, we will use security procedures and security features to try to prevent unauthorized access. You acknowledge that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. We will notify serious data breaches in respect of Account-Related Information or other Personal Information as required by law without undue delay, A Personal Information
breach in this context means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise processed.
- Right of Access and Data Integrity. You may ask to see what Personal Information we hold about you and be provided with:
- a summary of such Personal Information and the categories of Personal Information held (see Sections 3 and 5 above);
- details of the purpose for which it is being or is to be processed (see Section 5 above);
- details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea
transfers (see Section 7 above);
- details of the period for which it is held or the criteria we use to determine how long it is held (see Section 12 below);
- details of your rights, including the rights to rectification, erasure, restriction or objection to the processing (set out in this Section 5);
- any information available about the source of that data (see Section 1 above);
- whether we carry out automated decision-making, or profiling, and where we do, information about the logic involved and the envisaged outcome or consequences of that decision making or profiling, although we do not currently carry out any profiling or use automated decision-making; and
below). Requests for your Personal Information must be made to us (see ‘How To Contact Us’ below) specifying what Personal Information you need access to, and a copy of such request may be kept by us for our legitimate purposes in managing the Service. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible. There are certain types of data which we are not obliged to disclose to you, which include Personal Information which records our intentions in relation to any negotiations
with you where disclosure would be likely to prejudice those negotiations. We are also entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the Personal Information requested, we may charge you a reasonable fee to account for administrative costs of doing so), or (ii) we are entitled to do so pursuant to data protection law. You can require us to correct any mistakes in your Personal Information which we hold free of charge. If you would like to do this, please:
- email or write to us (see ‘How can you contact us’ below);
- let us have enough information to identify you (e.g. name, registration details); and
- let us know the information that is incorrect and what it should be replaced with. If we are required to update your Personal Information, we will inform recipients to whom that Personal Information have been disclosed (if any), unless this proves
impossible or has a disproportionate effort. It is your responsibility that all of the Personal Information provided to us is accurate and complete. If any information you have given us changes, please let us know as
soon as possible (see ‘How To Contact Us’ below).
the delivery of the Service as consented to by you or in accordance with your instructions. We process Personal Information for job applications only in connection with the processing of your application. We process other Personal Information only as described in Section 5. If we intend to process Personal Information for other purposes or in a manner incompatible with the purposes for which it has been collected or authorized by a data subject, we will obtain your consent before such processing occurs.
- Retention of Account-Related Information and Other Personal Information Content. Account-Related Information other Personal Information will be kept and stored for such period of time as we deem necessary taking into account the business purpose for
which it was collected in the first instance (i.e. the administration of Your Account for as long as Your Account is active and a reasonable period thereafter in case you decide to
re-activate Your Account), and our obligations under applicable data protection law. This may include retaining Account-Related Information or other Personal Information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain Personal Information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the
information to uncover collective insights about the use of our Service, not to specifically analyze personal characteristics about you.
- How to Contact Us. If you need to contact us with regard to any of your rights as set out in this Policy, all such requests should be made in writing by email to firstname.lastname@example.org.
complaint to us at the contact information in Section 12. Once we receive a privacy complaint, our privacy team will investigate your complaint and give you a response. We will need sufficient information from you for us to
evaluate your complaint and, as a result, we may request that you give us additional information that we believe is necessary to assess your complaint. Dispute resolution proceedings will be in English.