Privacy and Accessibility Legal Statements

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WAVEMETRICS

IGOR Pro Privacy Policy

Effective Date: 1 February, 2023

Last Updated: 21 February, 2023

 

WaveMetrics (“WaveMetrics,” “we,” “us,” or “our”) respects your privacy and we are committed to protecting it through our compliance with this Privacy Policy (the “Policy”). 

This Policy describes the types of information we may collect from you or that you may provide when you access and/or use IGOR Pro, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

  • On our website;
  • Through our downloadable software;
  • In e-mail and other electronic messages between you and us.

It does not apply to information collected:

  • offline or through any other means, including on any other website operated by us or any third party; or
  • by any third party. 

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, please do not visit our website or use IGOR Pro. By visiting our website or using IGOR Pro, you agree to this Policy.

This Policy is part of our IGOR Pro License Agreement. Any capitalized term not defined herein will have the same meaning as ascribed to it in our License Agreement. From time to time, we reserve the right to modify or amend the terms of our Policy. Such modifications will be in accordance with our License Agreement.

  1. Territorial Scope

This Policy applies to visitors of our Website and users of IGOR Pro located in the United States.

  1. Minors and Children Under the Age of 13

IGOR Pro is not intended for minors and children under age 18 without parental consent. Further, we do not knowingly collect personal information from children under age 18. If we determine that a customer is under the age of 18, we will immediately terminate the associated account and delete any information provided. If you believe we might have any information from or about a child under 18 without parental consent please contact us at sales@wavemetrics.com.

  1. Information We Collect About You

We collect Personal Information (defined below) and information that is not Personal Information (“Non-Personal Information,” together with Personal Information, “Information”) from visitors of our website and users of IGOR Pro. For the purposes of this Policy, “Personal Information” means the information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a person or a household. We may combine Non-Personal Information with Personal Information, and in those circumstances, we will treat the combined information as Personal Information. We collect several types of Personal Information, including the following information:

  • First and Last Name
  • Email Address
  • Phone Numbers
  • Educational Institutional Information (to provide educational discounts)
  • IP Address
  • Browser Type
  • Account information, such as usernames and passwords
  • Usage data such as access dates and times, and optional user registration information
  • Device Identifying Information
  1. How We Collect Your Information

We collect your information from various sources that may include, for example, the following:

  • You Directly. Information you provide directly on our website or from within IGOR Pro; establish an account; register your IGOR Pro software; contact us; and provide us feedback.
  • Your Browser or Device. Information collected automatically as a result of visiting our website or using IGOR Pro. The information that we automatically collect, include your IP Address, geolocation information, time zone, usage times and volume, and information about the device you are using (for example, device type, device ID, characteristics and status, browser type, screen size, internet bandwidth, and operating system and application), language preference, URL click stream, or information that we collect through our marketing activities
  • From within IGOR Pro. The IGOR Pro software may use unique cookies that enable us to update IGOR Pro. These cookies may collect Information such as your IGOR Pro serial number and/or version, your operating system, date and time, and IP address.
  • From Authorized Resellers. If you purchase IGOR Pro from a WaveMetrics authorized reseller, retailer, and/or distributor, any information provided to them may in turn be shared with us.
  • Otherwise in accordance with our agreements with you. Information as described elsewhere in this Policy, any applicable terms, or at the time such information is collected.

We may also use cookies to collect the above information.  Cookies are small files of letters and numbers stored on your browser or device that enable the cookie owner to recognize the device when it visits websites or uses online services. The website you visit may set cookies directly, known as first-party cookies, or may trigger cookies set by other domain names, known as third-party cookies. While we may automatically use some cookies that are strictly necessary to provide the services you request or enable communications, we request your consent for all of our other cookie uses.

We may use the following types of cookies:

  • Strictly necessary cookies. Our Website and Platforms require the use of these cookies to properly operate or provide necessary functions relating to the services you request. They include, for example, cookies enabling you to securely log into our Website and/or Platforms. These are persistent cookies that generally last 30 days.
  • Analytical/performance cookies. These cookies allow us and our third-party service providers to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us improve how our website works by, for example, ensuring that customers can easily find what they need on our website. These cookies generate aggregate statistics that are not associated with an individualized profile, and are persistent cookies that generally last 30 days.
  • Functionality cookies. These cookies enable helpful but non-essential website functions that improve your Website and Platform experience. By recognizing you when you return to our Website and/or Platform, they may, for example, allow us to personalize our content for you, greet you by name, or remember your preferences. These are persistent cookies that generally last 30 days.

If you do not want to receive cookies, you can change your browser settings on your computer or other device you’re using to access our services. If you use our Website without changing your browser settings, or if you click the “Accept” button on our website page regarding cookies, we’ll assume that you’re happy to receive all cookies on the Website and that you have provided consent by such actions or conduct. Most browsers also provide functionality that lets you review and erase cookies, including our Website cookies. Please note that the Website may not work properly without cookies.

  1. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

  • To present our website to you.
  • To provide you with IGOR Pro.
  • To improve our Website and/or IGOR Pro.
  • To provide you with other WaveMetrics products and/or services.
  • To provide you with information, products or services that you request from us.
  • To notify you about changes to our website and/or IGOR Pro.
  • To provide customer support.
  • Internal recordkeeping.
  • Market research.
  • Investigate, deter, and protect against fraudulent, unauthorized or illegal activity.
  • Inform you about promotions, events, and news related to our Website and IGOR Pro.
  • Contact you with respect to our website and IGOR Pro.
  • In any other way we may describe when you provide the information.
  • To fulfill any other purpose for which you provide it.
  1. Disclosure of Your Information

WaveMetrics does not sell, share, lease, or otherwise disclose your Information except as expressly stated in this Policy.

We may disclose Information that we collect, or you provide as described in this Policy:

  • To our employees on a need-to-know basis.
  • To our affiliated companies on a need-to-know basis.
  • In anonymized and/or aggregated form to contractors, service providers and other third parties, such as our payment processing partners, we use to support our business and who are bound by contractual obligations to keep Information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your Personal Information:

  • To comply with any court order, law or legal process, including responding to any government or regulatory request.
  • To enforce or apply other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect our rights, property, or safety, or the rights, property, or safety of our customers or others.
  1. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:

    • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some aspects of IGOR Pro or our website may not function as intended. 
  1. Third Party Links On Our Site

IGOR Pro and/or our website may contain links to other third party websites for your convenience. We are not responsible for the privacy policies and practices of other third parties and any information you submit to a third party is subject to their privacy policy. Once you leave IGOR Pro or our website, or are otherwise redirected to a third-party website, application, or other online service, we encourage you to read the privacy policy applicable to that third party.

  1. Opt-Out of Communications WITH WAVEMETRICS

You may opt-out of receiving promotional e-mail communication from us by sending us an e-mail at sales@wavemetrics.com, or by clicking the “unsubscribe” button at the bottom of our emails that we send to you. Please note that you will not be able to opt-out of transactional e-mail communication, such as communication related to your account activities.

  1. CORRECTING OR Deleting your Account
    • You may correct, modify, or delete your account and account settings. 
    • Except as required by law, WaveMetrics has no obligation to
    • or provide you with copies of your Information. Upon deletion of your account, we reserve the right to delete your Information.
  2. Your California Privacy Rights

We do not sell, trade, or otherwise transfer your Personal Information to third parties, except as expressly stated in this Policy. California Civil Code Section § 1798.83 permits California residents to request certain information regarding our use and disclosure of Personal Information to third parties. To make such a request, please send an e-mail to sales@wavemetrics.com. 

Further, the California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code §§ 1798.100 to 1798.199) (“CCPA”), does not apply to us. If you have any questions or concerns about the CCPA or its non-applicability to us, please e-mail us at sales@wavemetrics.com.

California “Shine the Light” Law

Separate from CCPA, California residents may, pursuant to California Civil Code Section 1798.83 (the California “Shine the Light” law), request certain information regarding our disclosure (if any) of personal data to third parties for their direct marketing purposes. To make such a request, please contact us, identify yourself as a California resident and provide sufficient information so we can take appropriate action, such as your name, email address or any additional information required.

  1. Data Processing and Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to IGOR Pro and/or our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

We are not responsible for circumvention of any privacy settings or security measures contained in website or IGOR Pro.

We cannot guarantee the confidentiality or security of Information you provide in public forums, including without limitation WaveMetric’s forum. Any Information you provide on any public forum is at your own risk.

  1. Changes to Our Privacy Policy

We may modify the terms of this Policy and we encourage you to review this Policy regularly. We will inform you about the modifications via email or other commercially reasonable means within 15 days of making any such a modification. Continued use of our website and/or IGOR Pro shall constitute acceptance of any such modifications. We will also post the modified version on this page and indicate at the top of the page when this Policy was last updated.

  1. Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: sales@wavemetrics.com.

  1. USER’S OUTSIDE THE UNITED STATES

WaveMetrics is based in the United States, and our website is hosted here.  If you are visiting our website and/or use or access IGOR Pro from another country, the laws governing our collection and use of personal information may be different from the laws of your country. If you decide to visit our website, use IGOR Pro, or share your personal information with WaveMetrics, you agree to be governed by the laws of the United States, and you expressly consent to the transfer of your data to the United States, to the maximum extent permissible under applicable law.

EU GDPR Supplement

This supplemental policy is provided as a supplement to the WaveMetrics’ Privacy Policy to provide additional information to individuals who are in the European Union.  (If in the United Kingdom, you are subject to the UK-GDPR, which is virtually identical to the EU General Data Protection Regulation.)

The rights described below are based upon those provided to individuals in the European Union as required under the EU General Data Protection Regulation (“GDPR”): Regulation (EU) 2016/679 of the European Parliament. Residents of certain countries may have specific, different, or additional rights in relation to their personal data.

Is WaveMetrics complying with GDPR?

Yes, WaveMetrics is complying with GDPR through the information collection disclosures included in this document.

We reserve the right to keep customer data for a period of time adequate to ensure compliance and respond to follow-up inquiries. Pursuant to regulatory, legal, and security requirements in Chapter 2 of the General Data Protection Regulation this timeline is determined based on the type of data, the security implications of storing the data, the legal requirements WaveMetrics must meet with the data, and the privacy of the individual referenced in the data.

We take the security of our data very seriously and have a responsibility to the individuals we hold data on behalf of on our systems and servers. Please refer to the following headings below to review what kind of data we keep and the process to request, review, change, or remove data we hold.

Your Rights If An EU Subject

1.1 If you are EU subject, Data protection law gives you a number of rights when it comes to personal information we hold about you. The key rights are set out below. Under certain circumstances, by law you have the right to:

1.1.1 Be informed in a clear, transparent and easily understandable way about how we use your personal information and about your rights. This is why we are providing you with the information in this policy. If you require any further information about how we use your personal information, please let us know.

1.1.2 Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

1.1.3 Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

1.1.4 Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it (for instance, we may need to continue using your personal data to comply with our legal obligations). You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

1.1.5 Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to us using your information on this basis and we do not have a compelling legitimate basis for doing so which overrides your rights, interests and freedoms (for instance, we may need it to defend a legal claim). You also have the right to object where we are processing your personal information for direct marketing purposes.

1.1.6 Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

1.1.7 Request the transfer of your personal information to another party where you provided it to us and we are using it based on your consent, or to carry out a contract with you, and we process it using automated means.

1.1.8 Withdraw consent. In the limited circumstances where we are relying on your consent (as opposed to the other bases set out above) to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate interest in doing so.

1.1.9 Lodge a complaint. If you think that we are using your information in a way which breaches data protection law, you have the right to lodge a complaint with your national data protection supervisory authority (if you are in the UK, this will be the ICO).

If you are an EU or UK subject and want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, withdraw your consent to the processing of your personal information or request that we transfer a copy of your personal information to another party, please contact us at sales@wavemetrics.com.

Accessibility (Revised Section 508)

Voluntary Product Accessibility Template (VPAT) for IGOR Pro

If you have concerns or questions about accessibility issues in using IGOR Pro you can download the application and test it for 30 days at no charge. You can also contact sales@wavemetrics.com if you require extended testing time.

If you have specific needs we encourage you to contact our technical support by phone (503) 620-3001 (Pacific Time) or by email at support@wavemetrics.com to discuss the issues with our programmers.

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