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Privacy Policy

Introduction

This Privacy Policy applies to Open Text Corporation and its affiliates in relation to their operations in Australia and explains how OpenText handles personal data and complies with the requirements of the applicable privacy laws, including personal data collected, processed and used via our website or personal data collected from you directly, such as in person, via telephone or email, or indirectly through third parties in the course of our business.

OpenText supports the right to privacy, including the rights of individuals to control the dissemination and use of personal data that describes them. OpenText is committed to protecting personal data it collects and utilizes technical and organizational measures to protect your data. OpenText supports and complies with domestic and international laws and regulations that seek to protect the privacy rights of such individuals.

This website is owned and operated by Open Text Corporation, 275 Frank Tompa Drive, N2L 0A1 Waterloo, Canada. Other websites subject to this Privacy Policy may be owned and operated by an affiliate company which is under the control of Open Text Corporation.

How we collect your personal data

The types of personal data we will collect from you will depend on the circumstances in which that data is collected. It may include your name, gender, address, telephone number, facsimile number, mobile number, email address or date of birth, as well as information required for recruitment purposes, and statistical information on the use of our websites.

OpenText collects personal data through various means including via the OpenText Website, orders for and provision of products or services, employment applications, third party service providers, warranty claims, exhibitions and events, and other people in your organisation. All personal data you provide to OpenText is processed fairly and lawfully.

Where practicable, OpenText will collect personal data directly from you. If OpenText receives personal data about you from someone else (for example from someone who supplies goods or services to us), OpenText will take reasonable steps to ensure you are aware that we have collected personal information about you and the circumstances of the collection.

If you do not provide OpenText with the personal data we request, we may not be able to fulfill the applicable purpose of collection, such as to supply products or services to you or to assess your application for employment.

Data collection through the website

When visiting our website, you are not required to provide any personal data. OpenText relies on consent or other lawful principles established for data collection under applicable laws. Therefore, you have the option to abstain from providing personal data when visiting publicly available portions of the website. However, when registering for an event, subscribing to receive OpenText’s marketing materials or when purchasing or using OpenText’s products or services or in other circumstances, you may be required to provide some or all of the personal data listed below.

OpenText collects additional non-personal data as described in the subsequent section of this Privacy Policy (Additional data collection activities).

Any data collected may be used in OpenText’s business to provide you the products we offer and to aid in OpenText’s sales and marketing efforts and may result in you being contacted by OpenText. In some cases, contact information may be required for OpenText to create an account, enable delivery of materials requested on the website or to otherwise communicate with you. This may include: providing product or other requested information, making responses to inquiries, registration for OpenText events, and distributions for marketing purposes. You may also be able to register for OpenText services through the website.

For the purposes mentioned above, OpenText may collect the following personal data about you:

  • Full name
  • Company name
  • Company location
  • Position in company
  • Department
  • Billing information
  • Telephone number
  • Email address

Additional data collection activities (automatic information)

OpenText automatically receives and records information about the use of the website either directly or through third party tracking utility providers. This may include cookies, IP addresses, your browser type, operating system version, language settings, which locally installed OpenText applications you use (if any) and how you use them, the web page you were visiting immediately prior to visiting our website, pages of our website that you visited, the time spent on those pages, information you searched for on our website, access times and dates, and other statistics. This data is not combined with your personal data collected directly from you.

OpenText utilizes cookies on its website. Click here for Information about cookies on this OpenText website.

OpenText uses IP addresses to help diagnose problems and to administer the OpenText website. When you visit our website, we recognize only your domain name and not your e-mail address. We will see your e-mail address only if you provide it or send us an e-mail message.

OpenText does not ask you for, access or track any location based information from your device. If OpenText wishes to do so in the future to enhance our website, OpenText will specifically ask your permission.

As stated above, the collection of personal data is not required for accessing this website. However, OpenText collects the additional data for the maintenance and optimization of its website.

Data processing

OpenText may use your personal data to:

  • provide you with services or process requests;
  • conduct business, such as to provide you with information about our products or services, or to manage, plan and arrange meetings between you and our sales representatives, to understand your practice and business needs and use, or potential use, of our products and services;
  • manage your customer account;
  • send you marketing materials and promotional information;
  • process your employment application and provide you with information about future employment opportunities;
  • register you for our events; and
  • any other purpose set out in this Privacy Policy or communicated to you at or around the time we collect your personal information.

To facilitate its sales and marketing efforts, OpenText may combine the personal data you provide with information that is not collected directly from you. Data not provided directly by you may be supplied by OpenText’s vendors that support its sales and marketing efforts. OpenText uses automated processing within its internal systems to optimize its sales and marketing activities. You may lodge a complaint with OpenText regarding automated processing by submitting it to OpenText using the contact information provided in the introduction to this policy.

If you have provided OpenText with your personal data, you have the rights described in the Data subject rights section below. We will retain your personal information as needed to fulfill the purposes for which it was collected. Personal data collected under this Privacy Policy is retained as long as you continue to interact with OpenText’s Sales and Marketing Teams or we have a legitimate business interest to retain your data.

OpenText affiliates and service providers

OpenText utilizes its affiliates and third party vendors to support the operation of OpenText’s business and for sales and marketing and these affiliates and vendors may receive data collected under this Privacy Policy. This may include providing identifying information to third party operated social networks or other web offerings (such as Twitter or LinkedIn) where this information is then matched against the social networks’ data or the web offerings’ own databases in order to display targeted advertising to you. If you don’t want to receive this advertising, go to the relevant platform’s ad settings. However, any such processing is limited to facilitating OpenText’s own activities. OpenText does not share, sell or rent your personal information to any third parties for their promotional purposes.

Additionally, data processors utilized by OpenText are required to make contractual assurances that they will take adequate precautions to protect your data. OpenText will require such service providers to adopt adequate technical and organizational security measures to ensure the processing of personal data only as instructed by OpenText and for no other purposes.

Additional transfers

OpenText may share personal information with its affiliates and with vendors working on our behalf as necessary to complete your requests, to provide you OpenText products and services, to target advertising on our website or to manage our advertising on other sites. We may also share data when required by law or to respond to legal process.

OpenText, its affiliates, and/or the vendors may be located overseas including without limitation in Canada, the United States of America, the United Kingdom, Germany, The Philippines and India. They may be located in countries that are not considered to provide an adequate level of data protection as established by the European Data Protection Directive (95/46/EG) or the General Data Protection Regulation ((EU) 2016/679) (GDPR), including the United States. Where required under applicable law, OpenText will implement appropriate measures to secure the data transfers in accordance with applicable data protection laws. Such measure may include use of the Model Clauses or the Privacy Shield Framework.

OpenText has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. OpenText remains liable under the Privacy Shield Principles if an agent processes personal data covered by this Privacy Policy in a manner inconsistent with the principles, except where OpenText is not responsible for the event giving rise to the damage.

In certain situations, OpenText may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Privacy Shield

OpenText complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the United Kingdom and/or Switzerland to the United States. OpenText has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit the U.S. Department of Commerce’s Privacy Shield site.

The U.S. Federal Trade Commission has jurisdiction over OpenText’s compliance with the Privacy Shield.

Rights you may have under Privacy Shield or applicable regulation, such as the General Data Protection Regulation (GDPR), are described below.

Data subject rights

Everyone

You may request from OpenText access to, correction of, blocking of and/or deletion of your personal data in line with applicable data protection law. You may also withdraw your consent for OpenText to process your personal data.

Please direct any such request and any other questions you may have with regard to this Privacy Policy or complaints about our privacy practices or procedures by emailing the OpenText’s Data Protection Officer who can be reached at DPO@opentext.com or by mail at:

OpenText
Data Privacy Officer
c/o Legal Department
Werner-von-Siemens-Ring 20
85630 Grasbrunn/München
Germany

OR

OpenText
Data Privacy Officer
c/o Legal Department
9711 Washingtonian Blvd, 7th floor
Gaithersburg, Maryland 20878
USA

We will do our best to respond to all reasonable requests in a timely manner.  If you do not receive a response to your request within a reasonable time or are otherwise unsatisfied with our handling of your request, you may have the right to refer the matter to the relevant authorities in Australia.

Privacy Shield

In compliance with the Privacy Shield Principles, OpenText commits to resolve complaints about our collection or use of your personal information. European Union residents with inquiries or complaints regarding our Privacy Shield policy should direct any such request and any other questions you may have with regard to the Privacy Shield Principles to OpenText’s Data Protection Officer, whose contact information is listed in the introduction to this Privacy Policy.

OpenText commits to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner, as applicable, and comply with the advice given by the panel and Commissioner, as applicable, with regard to human resources data transferred from the EU or Switzerland, as applicable, in the context of the employment relationship.

OpenText has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States, with a global presence. If you do not receive timely acknowledgement of your complaint from us, or if we have not resolved your complaint, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Under certain circumstances, you may invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. For more information please visit the U.S. Department of Commerce’s Privacy Shield Site.

Affiliates

The following OpenText U.S. affiliates also comply with the Privacy Shield Principles:

Actuate Corporation
ANXeBusiness, LLC
Covisint Corporation
Easylink Services International Corporation
GXS, Inc.
GXS International, Inc.
Guidance, Inc.
Hightail, Inc.
OpenText Inc.
Xpedite Systems, LLC

GDPR

Data Subjects covered by the GDPR are afforded additional rights including:

  • The Right to be Forgotten: you have the right to request the erasure of the personal data submitted to OpenText; this means you can request OpenText restrict your data from any further processing, and have your data deleted if possible.
  • Complaints may also be submitted to the applicable supervisory authority in the European Economic Area, which includes the data protection authority in your locality (for example, in the U.K., the supervisory authority would be the Information Commissioner’s Office).

Children’s privacy

OpenText encourages parents and guardians to take an active role in their children's online activities. Our Services are not aimed at people under 18 and OpenText does not knowingly collect personal information from children without appropriate parental or guardian consent. If you believe that we may have collected personal information from someone under the age of 13 (or the applicable age of consent) without proper consent, please let us know using the methods described in this Privacy Policy.

OpenText customers

OpenText may also collect personal data from customers as required to provide support and delivery of OpenText products and services. If you have an agreement in place with OpenText for specific OpenText products or services, that agreement takes priority over this Privacy Policy to the extent of any conflict, a customer’s use of OpenText or an affiliate’s products and services is governed by the terms of the contract between OpenText or an affiliate and the customer.

Updates to this Privacy Policy

OpenText may update this Privacy Policy from time to time. If we modify this Privacy Policy, we will post the revised version here. We may also provide notification of material changes by other means such as posting a notice on our website.

Revised: 1 July 2019