Privacy policy

Last updated: February 16th, 2017

This is the privacy policy (“Privacy Policy”) that governs how we, NServiceBus Ltd. (“NSB”, “we”, “our” or “us”), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of: (i) the website www.particular.net, and any other website that we operate (each, together with its sub-domains, content and services, a “Site”); and (ii) software that we license (the “Software”). The Site and the Software are individually and collectively referred to herein as the “Services”.

If you are an individual protected by the GDPR, please also review our GDPR privacy policy, as both policies apply. In the event of a conflict between a provision of this Privacy Policy and the GDPR Privacy Policy, the GDPR Privacy Policy shall prevail.

We do not ourselves host any of the Services – all hosting is done by third party service providers that we engage. This means that data you provide us or that we collect from you (including any Personal Information, as defined below) – as further described in this Privacy Policy – is hosted with such third party service providers on servers that they own or control. Regardless of where such third party service providers are located (and some are located in the US), their servers may be located anywhere in the world (including the US). Your data may even be replicated across multiple servers located in multiple countries. So please be aware that you are consenting to your data being transferred to various third party service providers around the world (including the US).

1. Introduction.

   We have implemented this Privacy Policy because your privacy, and the privacy of other users, is important to us. This Privacy Policy explains our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Services. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address, a home or other physical address, or other contact information.

2. Terms of Use and License Agreements.

   This Privacy Policy forms part of the Terms of Use for the Site, which is available at https://particular.net/terms, and the applicable license agreement you entered into for the use of the Software, including, (a) in the case of an evaluation of the Software, the Evaluation License Agreement, which is available at https://particular.net/licenseagreement, and which you accepted prior to downloading, installing and/or using the Software for the first time, and (b) in the case of a license you purchase, the commercial license agreement you entered into with us (each such license agreement, individually and collectively, “License Agreements”). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms.

3. Consent and Modification.

   You are not legally obligated to provide us Personal Information, and you hereby confirm that providing us Personal Information is at your own free will. By using the Services, you consent to the terms of this Privacy Policy and to our collection, processing and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use the Services. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site, and your continued use of the Services thereafter means that you accept those changes.

4. What Personal Information We Collect and How We Collect It.

   We do not currently require you to provide Personal Information in order to have access to general information available on the Site. But, we do receive and/or collect Personal Information from you when you use the Site and the Software in the following ways:

   1. Contact and Registration Information.

      If you send us a “Contact Us” request; register to extend an evaluation license; register for an event, course or activity; sign up to receive updates or a newsletter; request more information about us or our products or services; submit a request to support or technical assistance; or otherwise register for certain offers, activities or features, whether by submitting an online form that we make available or by sending an email to an email address that we display, you may be required to provide us with certain information such as (depending on the case) your name, the name of the company you represent, your telephone number, your city and country and email address, and other optional information.

   2. Applying for a Position.

      If you apply for a position at Particular, whether by submitting an online form that we make available or by sending an e-mail to an e-mail address we display for such purpose, you may be required to provide us certain information such as your name, phone number, information about the position in which you are interested, your employment history or curriculum vitas (CV) or resume.

   3. Share with Friends.

      The Site and/or Software may enable you to invite your friends to use our Services by sending them an invitation email or message, such as by using the Site and/or Software to send an invitation email to your friend’s external email address (for example, a Gmail address). If you send or post an invitation message we may collect Personal Information about the recipient such as their email address.

   4. Purchases.

      The Site and/or Software may enable you to purchase certain products or services from us. We may also otherwise provide you a URL, for instance by e-mail, to a web page on which payments can be made. We may use the tools, software or services of third-party service providers to process such transactions on our behalf, in which case you acknowledge and agree to review and be bound by the terms of use and privacy policy of such third-party service provider. If you choose to make a purchase we, or our third-party service provider, will require sufficient information from you to complete the transaction. Such information may include a credit card number and related account and billing information, such as your name, the name of your company, your e-mail address, street address, city, country, and zip or postal code, as well as invoice related information, and any other data required to process the order. We, or our third-party service provider, may also update such data (via your credit card company or related merchant bank) should you grant us permission to bill you or your credit card for recurring charges, such as monthly or other types of periodic payments. We currently engage BlueSnap, Inc., to process transactions. BlueSnap’s use of the information you may provide in connection with such transactions is governed by BlueSnap’s privacy policy, available at https://home.bluesnap.com/privacy-policy/. When BlueSnap processes your payment, we receive from BlueSnap information about the transaction, including the type of license and edition purchased, the number of licenses purchased, your IP address and the country, the method of payment (but not your credit card or bank account information) and whether discounts were applied, your e-mail address, your name, company and billing address and contact details.

   5. Log Files.

      We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Site, track users’ movement around the Site, and gather demographic information.

   6. Cookies and Other Tracking Technologies.

      Our Services may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our Services and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. Non-essential cookies can be controlled on our Cookie Settings page.

   7. Analytics Services.

      We may use third-party tools and services to collect and process information about use of the Site (“Analytics Services”), such as how often users visit the Site, what pages they visit when they do so, what users do on the Site, what other sites they used prior to coming to the Site and information about the devices being used to visit the Site. We use the information we get from Analytics Services to maintain and improve our service and our products. These Analytics Services typically use cookies (see section ‎4.6 above) and include Google Analytics, Kissmetrics, and Pardot, but may include other Analytics Services that we may use from time to time.

      1. Google Analytics.

         We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to and use of the Site is restricted by the Google Analytics Terms of Service, available at https://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at https://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at https://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

      2. Kissmetrics.

         Kissmetrics is provided and hosted by Space Pencil, Inc., dba Kissmetrics. Kissmetrics receives information about the activities users engage in while visiting the Site, including by placing cookies on your device which allow Kissmetrics to detect if you have previously visited the Site or a particular web page and when you last visited a web page. Kissmetrics may collect certain information about your device that may be provided by your web browser, such as browser information, operating system information, mobile device information, your IP address, the time of your visit, and the referring site, application, or service. We may provide Kissmetrics with Personal Information (such as an e-mail address) about you which may be combined with the information collected by Kissmetrics for analysis purposes (but not sensitive personal information such as personal health information, political opinions, religious or philosophical beliefs). Kissmetrics posts a privacy which governs how it collects and uses such information which is available at https://www.kissmetrics.com/privacy/. You may, however, opt-out of this analytics and user interactions service by using Kissmetrics’ Opt-Out Feature, available at https://www.kissmetrics.com/user-privacy/.

      3. Pardot.

         Pardot is provided and hosted by Pardot LLC. Pardot is used to collect and analyze user activity on the Site and user interaction with our marketing campaigns, and to assist in our interaction with our users on and off the Site. Pardot collects information about user activity through the use of cookies and if you voluntarily provide us with Personal Information while using the Site (for example, by registering for a particular service or activity) Pardot combines the information it collects about your activity on the Site with the Personal Information you voluntarily provided to us. For more information on how Pardot collects information about users of our Site, please visit http://help.pardot.com/customer/portal/articles/2125923-how-does-pardot-tack-activities. If you have enabled the "do not track" setting in your browser your activity will not be tracked on the Site, but you certain features or functionality of the Site may not be available to you.

5. The Way We Use Personal Information.

   If you submit or we collect Personal Information through the Services, then we may use such Personal Information in the following ways, via any applicable communication channel, including e-mail, SMS, etc.:
   1. We will use your Personal Information to provide and improve our Services, to send you marketing/advertisement communications that we believe may be of interest to you, to contact you in connection with the Services and certain programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the Services that you are authorized to access.
   2. We may use your designated email address, telephone number or address to: (i) send you updates or news regarding the Services and our products; (ii) to contact you with offers for our products and services; and/or (iii) respond to a “Contact Us” or administrative request (for example, to change your password).
   3. If you register for an event or activity which is provided in cooperation with one of our third party partners (as indicated on the event or activity registration form), the information you provide to register for such event or activity may also be shared with such third party partner, who may use such information in connection with the event or activity for which you registered.
   4. If you choose to send your friend an invitation email or message we will use the contact information that you provide, or make available, to automatically send your friend an invitation email or message. Your name and email address may be included in the invitation email or message.
   5. We may use information you submit when applying for a position at Particular to contact you about available positions or to find out more information about you, including by providing the information we obtain to third parties to conduct research and background checks on your behalf.
   6. We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.
   7. We may share your Personal Information with our third party service providers and partners, but only to assist us with our business operations and to provide our products and services to you and other users. Such information may be transferred to other countries. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Information.
   8. We may disclose your Personal Information or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms and License Agreements, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of NSB, our users, yourself or the public.

6. Use of Anonymous Information.

   We may collect and use Anonymous Information (as defined below) and/or disclose it to third party service providers in order to improve our Services and enhance your experience with the Services. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Services. Our collection of Anonymous Information may include, without limitation, the sending of a notification to us over the internet from the Software: (a) upon installation on your computer of an evaluation copy of the Software, that a specific version of the Software has been installed; and (b) upon extension of an evaluation license, with information about the source of the Software (where you downloaded the Software), the Software components that have been installed, and the original installation date of the Software.

7. Opting Out.

   You may choose not to receive future promotional, advertising, or other Services-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the Services.

8. Choice.

   At all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may still visit parts of the Services but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.

9. Access/Accuracy.

   To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may use the tools that we may make available on the Services or you may submit an access request by sending an email to privacy@particular.net. Your email should include adequate details of your request.

10. Links to and Interaction with Third Party Products.

    The Services may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

11. Children’s Privacy.

    The Services are not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at privacy@particular.net.

12. Security.

    The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Services, you can contact us at privacy@particular.net.

13. Merger, Sale or Bankruptcy.

    In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.

14. California Privacy Rights.

    California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@particular.net. Please note that we are only required to respond to one request per customer each year.

15. Our California Do Not Track Notice.

    We do not track consumers over time and across third party websites and therefore do not respond to Do Not Track signals. Except for our use of third-party analytics services (the Analytics Tools, as described in Section ‎4.7 above), we do not allow third parties to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Site.

16. Deletion of Content from California Residents.

    If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted. If you wish to remove such content or Personal Information and you specify which content or Personal Information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

17. Commitment.

    We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us at privacy@particular.net.