This Privacy Notice describes the ways in which Pegasystems (“Pega”, “we”, “our”, or “us”) may collect, process, use, and disclose information about you through the websites, social media properties, applications, contractual and precontractual activities, other online services operated by us, and Pega-hosted events (collectively, the “ Services”), and the choices you can make about the way your information is collected and processed through the Services. By using any Service, you consent to the processing of your information as set forth in this Privacy Notice, now and as may be amended by us from time to time.
Table of Contents
What information do we collect and receive?
We and our service providers may collect and receive both personal information and other information from a variety of sources that generally fall into three categories:
- Direct Interactions: Data from your use of, and interaction with us through, any Service, social media channel and/or other activity such as account creation, Client support requests, interactions related to a pending or signed contract or testing, submissions of registrations and posting to forums, or sales inquiries and transactions.
- Automated Interactions: Data from the use of technologies such as electronic communication protocols, cookies, embedded URLs or pixels, or widgets, buttons and tools.
- Publicly Available Data / Data from Third Parties: Data from automated interactions on non-Pega websites, or other data you may have made publicly available, such as social media posts, or data provided by third party sources, such as marketing lists, partner referrals, or data aggregators.
1. Direct Interactions
You, or the organization you work for, may submit data that includes your name, contact information such as a physical address, email address, phone number, username, password, employer and job title, activity logs, and registration information to us when using the Services. We also collect and receive information when you:
- create a Pega account;
- participate in our message boards and discussion forums;
- interact with us on social media or the Services;
- apply for a job (our Candidate Privacy Notices can be found here);
- make a purchase (e.g., purchase credits for use at Pega Academy);
- participate in polls and surveys; register for events and self-study courses;
- sign up to receive electronic newsletters and other materials;
- download or request software, product upgrades, reports, and other information;
- submit a partner or reseller diligence questionnaire;
- submit an RFP or customer questionnaire;
- interact with us in relation to a pending or signed contract or testing;
- participate in PegaWorld or similar events;
- submit an application for Pega Ventures; or
- contact us with a question, comment, or request, including requests for technical support.
The information that you provide us may include one or more of the following:
- your name, your photograph, your title, your company, and contact information such as your physical address, email address and phone number;
- username, password, and other registration information;
- transaction-related information;
- information you provide when submitting a support request;
- information you provide when submitting an employment application;
- information you provide when you make a request or otherwise contact us;
- information about your business, business plans and other items or materials contained in your application for Pega Ventures and other partner programs; and
- any other information you choose to make public on the as part of the contractual or precontractual relationship or as related to the Services (e.g., information shared with other users on Pega Community, Pega Mesh, the Pega Discovery Network, www.pega.com, and other online communities (collectively, “Online Communities”).
When you use a Service, we will collect and store information about your use of these Services, including contracts you negotiate and sign, RFPs and questionnaire you submit, Pega events you attend, Pega communities in which you participate,courses you have registered for, courses you have completed, and certifications that you have received.
2. Automated Interactions
We and our service providers also use Google Analytics, which collects and processes certain technical information from your computer or mobile device such as the web address of the page that you are visiting and your Internet Protocol address. More information can be found at “How Google uses data when you use our partners’ sites or apps,” located at https://www.google.com/policies/privacy/partners. To opt out from collection of your information via Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.
To customize your experience, our mobile applications may collect precise information about the location of your mobile device, but only with your express consent. Once you have consented to the collection of the precise location of your mobile device, you may adjust this consent by managing your location services preferences through the settings of your mobile device.
3. Publicly Available Data / Data from Third Parties
We may collect or receive business-related information about you from public sources and various third-parties, including providers of marketing lists. Information from public sources may include business contact data obtained from search information providers such as Google or social media such as LinkedIn. On occasion, we may purchase third-party marketing lists of business contact data to send direct marketing communications.
How do we use this information?
Personal data transferred to us by a Client (“Client Data”) will be processed in accordance with the Client’s instructions as set forth in our contract with that Client (“Client Agreement”), and as required by applicable law. Client may use our cloud service to: grant and remove access to a Client Application; assign roles and configure settings, access, modify, export, share and remove Client Data; and otherwise apply its policies to the Client Application. If your personal information is being processed as Client Data and you wish to exercise any rights you may have to access, correct, update, port or delete such personal information, please inquire directly with the Client.
We may process and use your personal data and other information that we collect or receive for a number of purposes as necessary to fulfill contractual obligations and other lawful bases, such as our legitimate interest in engaging in commerce, offering products and services, performing due diligence on Clients, prospects and business partners, preventing fraud, ensuring information and network security, conducting direct marketing and complying with industry practices, including:
- delivering and performing a Service;
- providing you with the products, pricing, services, or information you request;
- supporting your Client or partner relationship with us (e.g., notifying you of a product update or for billing, account management and other administrative matters);
- processing any transactions you have authorized;
- processing an employment application;
- verifying your identity;
- evaluating your application for Pega Ventures and other partner programs;
- providing you with information about a Service or required notices;
- delivering Targeted Advertisements and other marketing communications, promotional materials, or advertisements that may be of interest to you (e.g., if you view a webpage about a particular product or service, we or a service provider of ours may later display an advertisement for a related product or service on a different webpage that you visit through an Service or on another website that has a relationship with the service provider);
- allowing us to improve a Service and the products and services we provide, such as by better tailoring our content to users’ needs and interests;
- developing new products, facilitating product, software and applications development and conducting research, analysis, studies or surveys and identifying usage trends;
- generating and analyzing statistics about your use of a Service; and
We provide social computing tools on some of our websites to enable online sharing and collaboration among members who have registered to use them. These include forums, wikis, blogs and other social media platforms. Information will be subject to and protected in accordance with this Privacy Notice, except for the information that is automatically made available to other participants as part of your profile or information you post on blogs and forums.
We may combine or aggregate any of the information we collect or receive through the Services or elsewhere (e.g., through telephone, email, interactions on social media, or personal contact with us or our employees, product registration, call centers, or public events such as trade shows or seminars) for the purposes listed above.
When you make a purchase using a credit card on the Services, your credit card information is transmitted directly to our third-party payment processor. We do not store your credit card information and the third-party payment processor does not share your credit card information with us.
If you submit an application for Pega Ventures or other partner programs, we may use your application and all information and materials included in your application for conducting due diligence, evaluating potential business transactions and tracking applicants, founders, investors and companies.
To the extent that our processing of your personal data is subject to the General Data Protection Regulation or other privacy laws which so allow, we may rely on the legal bases described above to process your personal data. We may also process your personal data for direct marketing purposes and for administration of contractual and precontractual relationships and you have a right to object to our use of your personal data for this purpose at any time.
If you believe our processing of your personal data is inconsistent with applicable data protection laws, you may lodge a complaint with your local supervisory data protection authority.
Under what circumstances do we disclose this information?
We may disclose the information we collect and receive about you to:
- our affiliates and subsidiaries worldwide for business purposes, including Client support, contractual and precontractual administration, marketing, technical operations and account management purposes;
- service providers and suppliers worldwide who work on our behalf and who have agreed to keep the information confidential and use the information solely to carry out the services that they are performing for us, including hosting, storage, data analysis, implementation, and assisting us with reviewing your application for Pega Ventures and other partner programs;
- third parties and partners worldwide for our marketing, advertising, events, promotions or other similar purposes, including event sponsors and third-party data enrichment providers, who help us keep your business contact information (e.g. name, title, company, work email address, etc.) complete, current and accurate;
- your employer if it is our Client or partner;
- other users of our Services, consistent with your privacy settings;
- as required by law, such as to comply with a subpoena or other legal process, a court order, or government reporting obligations;
- other third parties with your consent;
- service providers, advisors, and other third parties worldwide to the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition, financing, public offering of securities, reorganization, or sale of all or a portion of our assets.
- In addition, we may share de-identified information, such as reports on user demographics and traffic patterns, with third parties. We will not sell information that can personally identify you to others and sharing with third parties is as set forth in this Privacy notice.
We may enable you to post information to certain parts of the Services, such as the Online Communities. Information you disclose through any Online Communities may be publicly available. We urge you to exercise discretion and caution when deciding to disclose personal information, or any other information, through any Online Community. By using any Service, you agree to adhere to all applicable copyright laws.
A Service also may contain links to third-party websites and applications for your convenience and information. We do not control those third-party websites and applications or their privacy practices, which may differ from our own. You acknowledge and agree that we are not responsible for the collection and use of your information by third-party websites and applications that are not under our control, and such information is not governed by this Privacy Notice.
How is your information secured?
We strive to maintain reasonable and appropriate administrative, technical, and physical safeguards designed to safeguard the information collected by the Services from loss, misuse, and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the information. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the Internet and wireless networks.
Where is this information processed?
Information collected through the Services will be processed using resources and servers located in various countries around the world, including Australia, Brazil, Canada, United Kingdom, Germany, Ireland, Japan, Singapore and the United States. Therefore, your personal information may be transferred, processed and stored outside the country where your information was collected by using or attending a Service. By using a Service, you consent to such transfer to, and processing and storage in, the United States and other countries.
International Transfers from the European Union
Your information may be transferred by us, our affiliates and/or third parties outside the country in which you are located, including the United States. Such countries may not offer the same level of protection as in other parts of the world in terms of data protection and privacy regulations. By providing us your information and confirming your consent, you agree to such transfer and/or processing. We will take all steps reasonably necessary to ensure that your data is transferred and processed securely in accordance with the terms of this notice.
In addition to the Standard Contractual Clauses in place between us and our affiliates within and outside the EU, we comply with the EU-U.S. and the Swiss – U.S. Privacy Shield Frameworks (Privacy Shield) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and/or Switzerland, as applicable, to the United States in reliance on Privacy Shield. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this Privacy Notice 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 https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. Individuals in the European Union, the United Kingdom and Switzerland, as applicable, with inquiries or complaints regarding our Privacy Shield policy should first contact email@example.com. We will respond to your inquiry promptly. We have further committed to cooperate with EU, UK and Swiss data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the European Union, the United Kingdom and/or Switzerland, as applicable. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU, the UK, or the Swiss DPAs for more information or to file a complaint. The services of EU, UK, and Swiss DPAs are provided at no cost to you.
If we transfer personal information received under the Privacy Shield to a third party, the third party’s access, use, and disclosure of the personal data must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage.
Our organization is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Under certain conditions, an individual can invoke binding arbitration. We will disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Controller of Data
Data protection laws in certain jurisdictions differentiate between the “controller” and “processor” of personal data. In general, our Clients are the controller of Client Data and we are the processor of Client Data. For other personal data, we may be the controller of such personal data. Different Pegasystems entities provide the Services in different parts of the world. For Client Data, the processor is the entity with which the Client has contracted to provide the Client Application. Our contact information for Clients is contained in the relevant Client Agreement. For other personal data, Pegasystems Inc. is the controller, if applicable, and you may contact us at firstname.lastname@example.org.
We will retain Client Data in accordance with the applicable terms in the Client Agreement, and as required by applicable law. The Client may be able to customize its retention settings and apply those customized settings depending on the Pega product.
We may retain other information pertaining to you for as long as necessary for the purposes described in this Privacy Notice. This may include keeping your personal data after you have deactivated your Pega account for the period of time needed for us to pursue legitimate business, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.
Your choices/Do Not Track
You have the ability to access your Pega account and modify your Pega account information online by visiting https://accounts.pega.com/user/login. By going to our Preference Center you may also (i) manage what types of email you receive from us, (ii) update your contact information, (iii) change how we process your information, including opt-out of sharing.
As you can control your preferences via the Preference Center, we will not respond to specific ‘Do Not Track’ requests.
If you reside in certain states or in certain countries, including within the European Union, you may have one or more of the following rights available to you under data protection laws in relation to your personal data: the right to access, update, correct, receive, port, object, delete or restrict processing of your personal data.
- Access – In certain jurisdictions, you have the right to request that we disclose certain information to you about our collection and use of your personal information. To request access your personal data that we have collected, used or disclosed please contact email@example.com, or in states where this information can be requested by phone, by calling 1-617-866-6800.
- Update or Correct – To update or correct your personal data, you can usually do this by updating your Pega account. If you already have a Pega account go to https://accounts.pega.com/user/login. If you want to create a Pega account, go to https://accounts.pega.com/register. Otherwise, please contact firstname.lastname@example.org.
- Port – To request a copy of your personal data that we have collected about you in a commonly used and machine-readable format, please contact email@example.com.
- Object – To object to processing of your personal data please contact firstname.lastname@example.org.
- Delete or Restrict Processing – To delete or change how we process your personal data for marketing purposes, please go to our Preference Center and follow the instructions. To request deletion of all your personal data from our databases please email email@example.com.
If your personal data is processed based on your consent, you may withdraw your consent at any time, without affecting the lawfulness of our processing based on such consent before it was withdrawn.
To exercise any of the above-listed rights (with the exception of the right to lodge a complaint with a DPA, which you may do directly to a DPA), please follow the instructions above or contact us at firstname.lastname@example.org. We will process any requests in accordance with applicable laws and within a reasonable period of time (e.g., 30 days for certain requests under the General Data Protection Regulation). We may need to verify your identity before processing your request.
We may take reasonable steps to authenticate your request and request information to verify you identify, considering the context of your request and your reasonable expectations.
California Consumer Privacy Act (“CCPA”)
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year.
Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with California law, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information.
We do not and will not sell your personal information to third parties. We do not sell the personal information of minors (see “Children’s’ information” below). We describe how we use and share your information in section “How do we use your information”.
You or your authorized agent as defined under CCPA Section 999.326 (with proof that such agent has been authorized on your behalf) can exercise your rights related to the use, transfer and sharing of your data under CCPA using contact information given in section “Your rights”.
The Services are not directed to, nor do we knowingly collect information from, children under the age of 16. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us at the contact information listed below.
Changes to this Privacy Notice
If we update this Privacy Notice, we will notify you by posting a new Privacy Notice on this page and updating the revision date below. If we make any revisions that materially change the ways in which we use or disclose the information previously collected from you through a Service, we will give you the opportunity to consent to such changes before applying them to that previously collected information.
If you have any questions about this Privacy Notice or our use of your information collected through theServices, please contact email@example.com. Our address is Pegasystems Inc., One Rogers Street, Cambridge, MA 02142 Attn: Chief Compliance Officer.
Revision date: December 31, 2019