OpenText supports the right to privacy and understands the importance of protecting personal information and complying with applicable data protection laws. We have appointed a Data Protection Officer for assisting with questions regarding this policy and the processing of your personal information. For details on how to contact us, see the Contact Information section.
This policy describes:
- What Data We Collect
- How We Process Your Data
- How We Collect Your Data
- How We Share Your Data
- How We Protect Your Data
- How Long We Store Your Data
- Your Privacy Rights
- Children’s Privacy
- Contact Information
What Data We Collect
The personal information we process about you and how we collect it can vary depending on (a) the product(s) or service(s) you use; (b) how you use the product or service; (c) how you have interacted with OpenText, and (d) the information that we have obtained from a customer or from a third party with permission to share such information with us.
OpenText may collect personal information about you such as, for example: full name, email address, telephone number, company name, company location, position in company, department, billing information including credit card details where applicable, IP address and how you use our services. See Cookie Technology section for details on what we collect using cookies and other technologies.
OpenText may combine the personal information you provide with information that is not collected directly from you. Data not provided directly by you may be supplied by OpenText’s vendors and/or partners. Refer to Personal Information Collected from Third Parties for additional information.
How We Process Your Data
OpenText processes personal information to respond to your requests, to provide you OpenText products and services, including information, support and delivery and access to online resources. Some of the specific processing activities include, for example:
- Account set up and administration;
- Internal research and development to customized content and enhance the user experience;
- Legal obligations;
- Regulatory requirements such as internal audits;
- Fulfillment of obligations outlined in any agreements;
- Gathering feedback and opinions about our provided services (i.e., surveys);
- Notification to users of changes to our services;
- Responding to your requests and comments;
- Event registration;
- Downloading of white papers; and
- Marketing communications.
All processing activities are based upon a relevant legal basis which may include fulfillment of a contract, to meet our legal obligations, for our legitimate interests or consent received directly from you.
How We Collect Your Data
We collect personal information through various means including for example via our Website, order forms and provision of products or services, third party service providers, customer support activities and exhibitions and events. Your employer, as a customer or partner of OpenText, may provide your contact information as required to provide OpenText products or services. The Website may also collect information about your visits to the Website without you actively submitting such information through cookie technology.
Personal Information Collected from Third Parties: OpenText may collect and receive personal information about you from companies that distribute OpenText products by way of co-branded or private labeled websites. Companies with which OpenText partners to market and distribute its products and services also may supply us with personal information, such as your name, email address and mailing address information in order to help us fulfil orders and provide services. We may also collect your personal information from public sources or from data brokers. We may add this information to the information we have already collected from you via our Website or other sources.
How We Share Your Data
OpenText may share personal information with its business partners, vendors and agents working on our behalf. We do this, for example:
- 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. This may include providing identified information to third party operated social networks or other web offerings (such as Twitter or LinkedIn). If you don’t want to receive this advertising, you can go to the relevant platform’s ad settings to opt out; and
We may be required to share personal information with a third party or body where such disclosure is required to satisfy applicable law, or other legal or regulatory requirement or to protect the rights or property of OpenText or others. This can include in response to lawful requests from a competent authority or body and to meet national security or law enforcement requirements.
If all or any part of our business is re-organized or sold to another organization, we may need to provide your information to that organization. We may also be the recipient of personal information, where we are acquiring another organization or a part of their business. OpenText will require third parties to adopt adequate technical and organizational security measures to protect personal information and to ensure the processing of personal information is only performed as instructed by OpenText and for no other purposes.
Personal information may be processed outside the country of your residence by our affiliates, partners or services providers. The transfer to other countries shall be in accordance with applicable data protection legislation which may include an adequacy decision (including Privacy Shield certification) or appropriate safeguards. Appropriate safeguards may include: OpenText and third parties entering into the EU Model Clauses approved by the European Commission.
How We Protect Your Data
Securing your data, both online and offline, is a priority for us. We have implemented appropriate technical and organizational measures to protect your personal information and ensure a level of security appropriate to the risk.
All our employees are subject to confidentiality agreements and undergo annual training on the proper handling of personal information.
Links to other websites or locations may be provided for your convenience but does not signify our endorsement of such other websites or locations or their contents. When you click on such links, you will leave the OpenText Website and go to another site. When this happens, a third party may collect personal information from you. Please be aware that the terms of this policy do not apply to such outside websites or content or to any collection of data after you click on a link to a third-party website or location. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy notice of any website you visit.
How Long We Store Your Data
OpenText will retain personal information for as long as needed to provide the relevant product or services or to fulfil the purposes for which the information was collected. OpenText may also retain and use this information for a longer period as permitted or required by law, to comply with our legal, tax or regulatory obligations (e.g. audit and accounting requirements), handle disputes, to exercise or defend claims, and enforce our agreements. We ensure that personal information we dispose of, is de-identified or destroyed in a secure manner.
Your Privacy Rights
Your local applicable law may provide certain rights regarding the use of your personal information. You may request from OpenText access to, correction of, updating of and/or deletion of your personal information, or object our use of your personal information in certain circumstances, in line with applicable data protection law. Your rights may differ according to your place of residence.
Choice/Opting out of Marketing: OpenText offers you the choice of receiving different types of communication and information related to our products and services. You may subscribe to e-newsletters or other publications; you may also elect to receive marketing communications and other special offers from us via email. If at any time you would like to change your communication preferences, we provide unsubscribe links and an opt-out mechanism in all our communications or contact us.
GDPR and UK Data Protection Act: Where the GDPR or UK Data Protection Act applies to EU and UK residents and their personal information, these individuals are afforded additional rights including:
- right to object/restrict processing in certain circumstances;
- right to request data portability which includes providing personal information to them in a “structured, commonly-used and machine-readable format” in certain circumstances;
- right to lodge a complaint with the applicable authority responsible for privacy protection.
Please direct any complaints or questions you may have with regard to our privacy practices to OpenText’s Data Protection Officer.
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 OpenText transfers such personal information to a third party acting as an agent on its behalf, OpenText remains liable if they fail to process personal information in a manner consistent with the Privacy Shield Principles and we are responsible for the event giving rise to the damage.
If OpenText shares personal information with third parties, OpenText requires these third parties to protect personal information and to restrict their access, use and disclosure of personal information, including the onward transfer of such information, and OpenText remains liable if they fail to meet those obligations and we are responsible for the event giving rise to damage.
In compliance with the Privacy Shield Principles, OpenText commits to resolve complaints about our processing of your personal information. You may direct any such request to OpenText’s Data Protection Officer.
The U.S. Federal Trade Commission has jurisdiction over OpenText’s compliance with the Privacy Shield.
OpenText has further committed to refer unresolved complaints to JAMS, an alternative dispute resolution provider located in the United States, with a global presence. If you do not receive timely acknowledgment 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 regarding the Privacy Shield Program and to view our certification please visit the U.S. Department of Commerce’s Privacy Shield Site.
CCPA: OpenText shall not sell, rent, disclose, disseminate, make available, transfer or otherwise communicate orally, in writing or by electronic or other means, any personal information to a third party for monetary or other valuable consideration as part of our business.
California residents may request and obtain from us once a year, free of charge, certain information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that were shared and the names and addresses of all third parties with which we shared information in the preceding calendar year. For details on how to contact us with a request in relation to your privacy rights, see the Contact Information section of this policy or call our toll free number 1-866-397-0207.
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 submit your complaint in writing to the address found in the Contact Information section.
OpenText’s Data Protection Officer can be reached at DPO@opentext.com or by mail at:
- OpenText Data Protection Officer
- Prof. E.M. Meijerslaan 1
- 1183 AV Amstelveen
- The Netherlands
- OpenText Global Privacy & Compliance
- 275 Frank Tompa Drive
- Waterloo, Ontario
- N2L 0A1
OpenText may update this policy from time to time. If we modify this policy, we will post the revised version here. You should review this page periodically for updates.
This policy was last updated on July 23, 2020.