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Webrecorder Software LLC Privacy Policy

Introduction & Key Terms

Webrecorder Software LLC (“Webrecorder”) provides a suite of open source tools, packages, and services to capture interactive websites and replay them at a later time as accurately as possible. This privacy policy (“Privacy Policy”) describes our policies and procedures about the collection, use, disclosure, and sharing, or other processing of your personal information when you use our websites (e.g., webrecorder.net, browsertrix.com) (collectively, the “Sites”), participate in events such as community calls, as well as when you use the Browsertrix service (the “Services”).

For purposes of the GDPR, Webrecorder is the controller of your personal information when you use our Sites and Services. When you use the Browsertrix hosted service to archive websites, we are the processor of personal information collected through your use of the Service, and our processing of that data on your behalf is governed by a separate Data Processing Agreement.

In this Privacy Policy, “personal information” includes references to “personal data” as defined under the GDPR and other applicable laws. Your use of our Sites and Services, and any dispute over privacy, is subject to this Policy and the relevant terms of any other agreement between you and Webrecorder, including the applicable limitations on damages and the resolution of disputes. Those terms are incorporated by reference into this Policy.

Personal Information That Webrecorder Collects

We collect personal information directly from individuals, from third parties, and automatically through the Sites and Services. You do not have to provide us your personal information. However, if you choose not to disclose certain information, we will not be able to provide you with access to certain services or features, including account registration or participation in certain aspects of our open source projects.

Registration Information

We collect personal information when you register for an account on our Services or register for or participate in our Events:

  • Account and Profile Information: Users may sign up for, request, or order our Services and may register to receive materials on our Sites. Personal information collected on the Sites includes community forum content, profiles, photographs, names, unique identifiers (e.g., social media handles or usernames), contact and billing information (e.g., email address), and transaction information. In order to access certain personalized services on the Sites, you may be asked to also create and store a username and password for an account from Webrecorder, or to link your account with other providers’ social accounts (such as Discord).
  • Events Registration: When you register for one of our events (e.g., community calls), we collect personal information that includes name, contact information, and other information.

Your Contributions to Open Source Projects

  • Attribution, Provenance and Integrity: When you contribute source code, documentation or other content to one of our projects, we collect and store the information and content that you contribute. We may also collect information relating to your participation in technical, governance or other project-related meetings.
  • Other Project-related Content: The content you provide in relation to Projects also includes materials that you make publicly available in connection with project development, collaboration and communication, such as on mailing lists, blogs, project wiki pages and issue trackers, and related services.

Your Content

We collect and store the information and content that you post to the Sites, including your forum postings. Please see the section on Publicly Available Information for how the information you post will be viewed on our Sites.

Communications

When you communicate with us (via email, phone, through the Sites or otherwise), we may maintain a record of your communication.

Payment Information

To purchase Services (such as a paid Browsertrix hosted service subscription), users may be asked to be directed to a third-party site, such as Stripe, to pay for their purchases. If applicable, the third-party site may collect payment information directly to facilitate a transaction. Webrecorder generally only records the result of the transaction and any references to the transaction record provided by the third-party site.

Automatically Collected Information

Webrecorder may automatically collect the following information about users’ use of the Sites or Services through cookies, server logs, and other technologies: your domain name; your browser type and operating system; your IP address; your country of location; the length of time you visit our Sites and or use our Services; and the referring URL, or the webpage that led you to our Sites. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information.

De-identified Information

We may de-identify and aggregate certain personal information we collect such that the information no longer identifies or can be linked to a particular user or an individual data subject (“de-identified Information”), subject to the terms of any applicable user agreements. We may use this information to improve our Services, analyze trends, publish market research, and for other marketing, research or statistical purposes, and may disclose such information to third parties for these specific purposes.

Providing our Sites and Services Including Through Browsertrix.com

To provide the Services and our Sites (including Browsertrix and its service offerings), to communicate with you about your use of our Sites and Services, to respond to your inquiries, provide troubleshooting of the Sites and for other purposes to support users and the community.

  • Our Legitimate Business Interests
  • Where Necessary to Enter into or Perform a Contract with You (upon your request, or as necessary to make the Services available)
  • Compliance with Law
  • Where permitted, with Your Consent

Operating our Open Source Projects

To enable communication between and among open source developers in the community; to facilitate and document project governance and technical decision-making; and to maintain, and make publicly available on a perpetual basis, records regarding intellectual property provenance and license compliance for Project contributions. See the “Attribution, Provenance and Integrity” section above for more information.

  • Our Legitimate Business Interests
  • Where Necessary to Enter into or Perform a Contract with You (upon your request, or as necessary to enable your participation in the projects or to make the Services available)
  • Compliance with Law
  • As Necessary to Establish, Exercise and Defend Legal Claims

Event Administration

To facilitate your participation in online and in-person events; communicate with you about events you are registered for; accommodate special needs; and maintain the safety of event participants.

  • Our Legitimate Business Interests
  • Where Necessary to Enter into or Perform a Contract with You (upon your request, or as necessary to make the Services available)
  • Compliance with Law, With Your Consent (in particular regarding your sensitive personal information — e.g., disability and medical conditions)
  • Where Necessary in Order to Protect the Vital Interests of You or of Another Natural Person, and for Reasons of Public Interest in the Area of - Public Health

Personalization

To tailor the content and information that we may send or display to you on our Sites and in our Services, to offer location customization and personalized help and instructions and to otherwise personalize your experiences.

  • Our Legitimate Business Interests

Marketing & Promotions

For marketing and promotional purposes, such as to send you news and newsletters, special offers, and promotions, or to otherwise contact you about projects, Services, events, or other information we think may interest you related to Webrecorder, and, subject to applicable law, our affiliates, subsidiaries and managed services entities.

  • Our Legitimate Business Interests
  • With Your Consent

Analytics

To gather metrics to better understand how users access and use our Sites and Services and participate in our projects; to evaluate and improve the Sites, including personalization, to develop new services; and to understand metrics regarding our projects.

  • Our Legitimate Business Interests
  • Where permitted, with Your Consent

Compliance

To comply with legal obligations and requests. For example, to comply with laws that compel us to disclose information to public authorities, courts, law enforcement or regulators, maintain records for a certain period, or maintain records demonstrating enforcement and sublicensing of our trademarks and those of our projects.

  • Our Legitimate Business Interests
  • Compliance with Law
  • As Necessary to Establish, Exercise and Defend Legal Claims

As part of our general business and legal operations (e.g., accounting, record keeping, and for other business administration purposes), and as necessary to establish, exercise and defend (actual and potential) legal claims.

  • Our Legitimate Business Interests
  • Compliance with Law
  • As Necessary to Establish, Exercise and Defend Legal Claims

Preventing Misuse

Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of the relevant terms or this Privacy Policy.

  • Our Legitimate Business Interests
  • Compliance with Law
  • As Necessary to Establish, Exercise and Defend Legal Claims

Sharing of Personal Information

We disclose personal information as set forth below, and where individuals have otherwise consented:

  • Publicly Available Information, including Forum Posts and Community Calls: When you post to our forum, participate in a community call, or otherwise contribute information to a publicly available Site, your contribution and associated personal information are publicly available. Personal information associated with these contributions may include usernames, email addresses, and other attribution and affiliation information related to your contribution.
  • Service Providers: We may share your information with third party service providers who use this information to perform services for us, such as payment processors, hosting providers, auditors, advisors, contractors and consultants.
  • Organizational Events: We may disclose or transfer information, including personal information, as part of any merger, sale, and transfer of our assets, or restructuring of all or part of our business operations, bankruptcy, or similar event, including in negotiations, due diligence, and integrations related to such transactions.
  • Legally Required: We may disclose your information if we are required to do so by law (including to law enforcement in the U.S. and other jurisdictions).
  • Protection of Rights: We may disclose information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and protect the rights, property or safety of Webrecorder, its Users, participants in its events or Projects, or others.
  • Anonymized and Aggregated Information: We may share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual.

Cookies and Other Automated Collection

We may use cookies, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your usage and browsing activities on our Site. We may combine this information with other information we collect about users.

Cookies are small files with a unique identifier that are transferred to your browser through our websites. They allow us to remember users who are logged in, to understand how users navigate through and use the Sites, and to display personalized content.

We do not track or enable tracking of individual user activity across sites. For this reason, Webrecorder’s sites and services do not respond to browser “do not track” signals or other similar mechanisms.

Data Security

We have implemented reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your passwords, phone, and computer by, among other things, signing off after using a shared computer, choosing robust passwords that nobody else knows or can easily guess, not using a password for more than one site or service, and keeping your log-ins and passwords private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. We ask you to promptly notify us if you become aware that any information provided by or submitted to our Sites or through our Services is lost, stolen, or used without permission at support@webrecorder.org.

Marketing Choices

You may opt out of or withdraw your consent to receive direct marketing emails from us by using the unsubscribe or opt out mechanisms included in our marketing emails or by emailing support@webrecorder.org. You may also unsubscribe from mailing lists via the applicable mailing list’s subscription website or, in some cases, by using the unsubscribe mechanisms included in such emails.

Retention of Your Personal Information

We generally keep personal information only for as long as required to fulfill the purposes for which it was collected. However, in some circumstances, we may retain personal information for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required. In specific circumstances, we may also retain your personal information for longer periods of time corresponding to a statute of limitation, so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

International Transfers

If you are located within the European Economic Area, the United Kingdom or Switzerland, you should note that your personal information will be transferred to countries outside these jurisdictions, including the United States where Webrecorder is located. The U.S. is deemed by the European Union to provide inadequate data protection. However, we have put in place European Commission approved Standard Contractual Clauses to provide for adequate safeguards to protect personal information transferred outside these jurisdictions. In addition, if personal information is transferred to third party service providers located outside these jurisdictions, we will take steps to ensure that your personal information receives the same level of protection as if it remained within these jurisdictions, including by entering into data transfer agreements, using the European Commission approved Standard Contractual Clauses or other safeguards as approved by the European Commission. You have a right to obtain details of the mechanism under which your personal information is transferred outside of the EU by emailing support@webrecorder.org.

Children’s Privacy

Except as specifically indicated within a Site, we do not knowingly collect or solicit personal information from anyone under the age of sixteen (16), or knowingly allow such persons to register. If we become aware that we have collected personal information from a child under the relevant age without parental consent, we take steps to delete that information. Where we specifically indicate that we collect personal information from children under 16, we will obtain the parent or guardian’s consent and provide adequate notice.

The Sites may contain links to third party sites or online services. Please refer to the privacy policies of the relevant third party websites or services to find out more about how they process and handle personal information.

Your Rights

Access and Amendment

If you have registered an account with us and wish to access or update certain personal information contained therein, you may do so online by visiting the “Account Settings” or “Account Preferences” pages in your respective account. You may also contact our privacy coordinator, as set forth below, to access or amend your personal information.

Additional Rights

Individuals in the European Economic Area (and other jurisdictions where applicable) have additional rights under applicable law:

  • to obtain a copy of your personal information together with information about how and on what legal basis that personal information is processed;
  • to rectify inaccurate personal information (including to have incomplete personal information completed);
  • to erase your personal information (in limited circumstances, such as where it is no longer necessary in relation to the purposes for which it was collected or processed);
  • to restrict processing of your personal information under certain circumstances;
  • to export certain personal information in machine-readable format to a third party (or to you) when we justify our processing on the basis of your consent or the performance of a contract with you and the processing is carried out by automated means;
  • to withdraw your consent to our processing of your personal information (where that processing is based on your consent, without affecting the lawfulness of processing based on consent before its withdrawal);
  • to obtain, or see a copy of the appropriate safeguards under which your personal information is transferred to a third country or international organization; and
  • to object to our use and processing of your personal information that is conducted on the basis of our legitimate interest. You also have the right to object at any time to any processing of your personal information for direct marketing purposes, including profiling for marketing purposes.

Lodging a Complaint

You also have the right to lodge a complaint with your local supervisory authority for data protection, or privacy regulator. A list of data protection supervisory authorities is available on the European Data Protection Board’s website.

Submitting a Request

To exercise the above rights or contact us with questions or complaints regarding our treatment of your personal information, contact us at support@webrecorder.org. Please note that we may request proof of identity, and we reserve the right to charge a fee where permitted by law, especially if your request is manifestly unfounded or excessive. We will respond to your request within the applicable timeframes set out by law.

California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the types of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to support@webrecorder.org. We may ask you to verify your California residency.

Contact Us

If you have any questions about our practices or this Privacy Policy, please contact us at support@webrecorder.org.

Changes to the Privacy Policy

This Policy is current as of the effective date set forth above. If we change our privacy policies and procedures, we will post those changes on this page and/or continue to provide access to a copy of the prior version. If we make any changes to this Privacy Policy that materially change how we treat your personal information, we will endeavor to provide you with reasonable notice of such changes, such as via prominent notice on our Sites or to your email address of record, and where required by law, we will obtain your consent or give you the opportunity to opt out of such changes.