Managed FinOps, along with its affiliates and subsidiaries ("Our Company", "we" or "us"), honors your privacy and pledges to safeguard your Personal Information in the manner outlined in this privacy policy ("Policy"). The Policy explains: (1) what kinds of Personal Information we may gather; (2) the reasons we gather Personal Information; (3) who we might share this information with; (4) the rights and options available to you; (5) our contact details for any questions or concerns; (6) and the safeguards we put in place to protect Personal Information. We maintain the right to make modifications to this Policy as outlined in Section 12.

1. Policy's Scope

The Policy pertains to the processing of Personal Information by Managed FinOps in relation to its publicly accessible websites, including www.managedfinops.com (our "Website") and in dealings with customers, partners, and vendors ("Business Data"). Managed FinOps acts as the data controller for processing Personal Information on our Website and Business Data. Furthermore, Managed FinOps procures, processes and hosts Personal Information through its commercially hosted software applications (collectively referred to as the "Software Services") offered to its subscribing customers ("Customers"). As a data processor, Managed FinOps only processes Personal Information on behalf and directives of our Customers, who are the data controllers. The agreement between Managed FinOps and our Customers delineates the roles and responsibilities of parties regarding the processing of Personal Information in the context of the Software Services. In this Policy, “Personal Information” denotes “any information relating to an identified or identifiable natural person.” By accessing and continuing to use the Website or the Software Services, you agree to the terms of our Policy. Should you disagree with any part of this Policy, we request that you refrain from accessing our services or submitting your Personal Information.

2. Personal Information We May Gather or Receive

We may collect or receive a variety of information, including Personal Information, based on how you interact with us:

• When you post requests, materials, or inquiries on our Website (including when signing up for content such as whitepapers and asking for additional information, services, or support from us), we may gather your name, job title/level, company name, address, phone number, email address, country, and certain company information.

• When you communicate with us via email, we may collect the Personal Information in your email.

• Any Personal Information you disclose on a bulletin board or chat room on our Website will be visible online and can be read, collected, or used by other visitors to these forums. We disclaim responsibility for third-party use of the Personal Information you choose to post in these forums. We also reserve the right to remove any content you post on our Website at our sole discretion.

• When visiting our Website, we collect specific information automatically, such as device and usage information. We also use session replay technologies to observe how visitors interact with our Website.

• Like many websites, we use “cookies” to gather visitor information, which allows us to recognize your browser when you visit and provide you with relevant information based on your actions on our Website. Please review the “Cookies and Web Beacons” section below to learn more.

• We may also deduce or derive information about you from the other information we gather. 

We may collect Personal Information from our current and potential Customers, vendors, and partners:

• During the registration process for Software Services (and related services, like training and customer support), Customers are required to share contact details (such as name, company name, phone number, and e-mail address). They may also voluntarily share additional Personal Information (for instance, title, department name, fax number, and further company details such as mailing address, annual revenues, the number of employees, or industry). We use the email address provided during registration to generate a username and temporary password for Customers, who are then invited to log-in and change their password.

• We record information about Customers' usage of the Software Services, including in a log file (for example, user logs and system usage).

• Upon obtaining consent from our Customers, we may feature their testimonials, which could contain Personal Information such as their name, on our Website, illustrating their experiences with the Software Services.

• We gather contact details of Customers to send them relevant information about our products or services.

• We collect Personal Information of Employees of Vendors and Partners, as provided by Vendors or Partners for purposes related to the services of the vendor or in furtherance of the relevant partner relationship.

3. Our Usage of Personal Information

The information we gather from you, including Personal Information, may be utilized in the following manners:

• We leverage the collected data to offer our Website and Software Services. This includes the operation, maintenance, and delivery of all content and functionalities of the Website and Software Services.

• To keep you informed about Managed FinOps, our products, services, and partners, as well as to formulate, examine, and enhance marketing promotions and campaigns.

• To identify and rectify issues with, and otherwise enhance our Website or Software Services.

• To safeguard the security of our Website, services, employees, and users, detect and prevent fraudulent activities, and to resolve disputes.

• To deliver administrative information to you, such as details about the services and updates to our terms, conditions, and policies of our Website and Software Services.

• To fulfill our commitments and exercise our rights emerging from any contracts between you and us.

• To comprehend usage patterns on the Website and Software Services and enhance performance.

• To establish the Software Services for individuals and their organizations.

• To deliver targeted advertisements to you on third-party platforms and websites.

• To create de-identified data, which we won't attempt to re-identify unless permitted by law.

• In relation to potential service engagements, partnerships, or vendor relationships.

4. Sharing of Personal Information

Your Personal Information may be shared as follows:

• With our affiliates or subsidiaries as required to deliver our products and services.

• With our vendors, service providers, contractors, and consultants (“Service Providers”) in support of our business operations. We do not authorize these Service Providers to utilize or disclose your Personal Information except as needed to perform specific services on our behalf or comply with legal obligations. We obligate these Service Providers to uphold the privacy and security of Personal Information they process for us.

• With third parties for marketing and advertising purposes.

• With our professional advisors such as lawyers and accountants for professional guidance.

• With an acquirer, successor, or assignee during discussions of any merger, acquisition, debt financing, sale of assets, or similar transaction, or during an insolvency, bankruptcy, or receivership where information is transferred to one or more third parties as part of our business assets.

• We reserve the right to disclose your Personal Information if we believe it is suitable or necessary to mitigate liability, safeguard ourselves or others from fraudulent, abusive, or illegal uses or activities, investigate and defend ourselves against third-party claims or allegations, protect the security or integrity of the company, or protect our property or other legal rights (including enforcement of Managed FinOps’ Terms of Use), or the rights, property, or safety of others.

• We may disclose your Personal Information if we are legally required to do so, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We do not disclose your Personal Information to third parties or unrelated companies for their marketing purposes unless you have expressly consented to such sharing.

5. Your Rights and Decision-Making Authority

We endeavor to offer you options concerning the Personal Information you provide us.

• Managed FinOps Marketing Communications. Should you prefer not to receive email marketing communication from us, you can choose to opt-out by emailing unsubscribe@managedfinops.com. Additionally, you can unsubscribe from email marketing communications by following the instructions provided in the marketing messages you receive. Despite opting out or unsubscribing, we may still send you certain service-related communications such as administrative messages, which are an integral part of your account membership. These cannot be opted out of. In accordance with applicable law, we will send you marketing communications only with your consent.

• Access, Deletion, and Correction Rights Over your Personal Information. Based on applicable law, you may have the right to request access to, receive details about, update and rectify inaccuracies in your Personal Information, and have the information blocked or deleted as applicable. These rights may be constrained in certain situations by local law. To exercise these rights, please refer to the contact us section below.

• Customer Account Information. You can modify, update or remove your account information at any time by logging into the Website.

• If you are a California Resident, refer to Your California Privacy Rights in section 7.

• If you are in the EU, refer to the GDPR in section 6.

You have the choice to not provide us with your Personal Information, but should you choose to do so when we request it, we may not be able to offer you the full range of our products and services, or tailor a service appropriately to you. If you wish to prevent us from collecting cookies on the Website, you may adjust your browser settings to refuse cookies, or to alert you when cookies are being sent. You can opt out of the collection and use of certain information, which we collect about you by automated means, including cookies, when you visit our websites or update your browser settings. Your browser may guide you on how to receive notifications and opt out of receiving certain types of cookies. If you do so, some parts of our Website may become unavailable or may not function correctly. Cookies must be enabled to utilize the Software Services.

6. GDPR Compliance

This section is applicable to individuals in the European Economic Area (“EEA”), the United Kingdom, and Switzerland. Our processing of Personal Information as a data controller relies on the following lawful bases:

• To fulfill our responsibilities under our contract with you (e.g., providing access to and delivering the products and services you requested).

• When we have a legitimate interest in processing your personal data to run our business or protect our interests (e.g., to provide, maintain, and enhance our products and services, conduct data analytics, and communicate with you).

• To comply with our legal obligations (e.g., to keep a record of your consents and track those who have opted out of marketing communications).

• When we have your consent to do so (e.g., to send you marketing communications). When consent forms the legal basis for our processing of your personal data, you may withdraw such consent at any time.

Refer to the “Your Rights and Choices” section above for information on your privacy rights and how to exercise them. Furthermore, you can object to certain processing or request that we restrict certain processing by contacting us as described in the “How to Contact Us” section below. You can also lodge a complaint with the data protection authority as follows:

• For individuals in the EEA: https://edpb.europa.eu/about-edpb/board/members_en

• For individuals in the UK: https://ico.org.uk/global/contact-us/

• For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html

We retain Personal Information as long as necessary to fulfill the purposes for which we initially collected it and for other business purposes outlined in this Policy. When we process Personal Information as a data processor in relation to providing the Software Services, we include EU General Data Protection Regulation provisions in our contractual commitments to our customers. Among other things, these terms require Managed FinOps to:

• Process personal data in accordance with customer instructions or applicable laws

• Ensure personnel accessing personal data are bound by confidentiality

• Implement technical and administrative measures to protect personal data

• Assist customers in responding to requests from individuals regarding their personal data

• Assist customers in meeting their legal duties including data breach notification

• Delete personal data after the completion of the contracted services except when retention is required or permitted by law

• Provide customers with information required to meet regulatory and audit obligations

• Obtain customer consent when engaging a subprocessor to process personal data in connection with Managed FinOps branded products.

We urge you to review these commitments. They reflect a concerted effort within Managed FinOps to ensure our compliance with the regulation, as well as our ongoing compliance, security and privacy initiatives. We welcome the GDPR as a positive development and look forward to our continued cooperation with our customers and suppliers in ensuring adherence to the regulations and principles they represent.

7. Rights for California Residents

This section provides further information about the Personal Information we may gather about California residents and their rights under the California Consumer Privacy Act or “CCPA”.

Additional Disclosures

The types of information we gather include identifiers, commercial information, internet activity information, professional information, and inferences. These are sourced directly from you or via third-party business partners. For more detailed information about the Personal Information collected over the last 12 months, including the sources, please refer to Section 2 (Personal Information We May Collect or Receive). We collect this information for business and commercial purposes as detailed in the "How We May Use Personal Information" section of this Policy: delivery of the Website and Software Services; marketing and advertising activities; analytics and improvement of the Website/Software Services; and for security and compliance purposes. We share this information with the categories of third parties detailed in Section 4 (How We May Share Personal Information). We have shared the information as follows:

Category of Personal Information

Managed FinOps does not knowingly sell or share (as per CCPA definitions) the Personal Information of individuals under the age of 16.

Privacy Rights

Under the CCPA, California consumers have certain rights, subject to specific limitations, including:

1. the right to request more information about the categories of Personal Information we collect (including how we use and disclose this information) or access to specific pieces of Personal Information we hold about them;

2. the right to delete their Personal Information;

3. the right to rectify inaccurate Personal Information;

4. the right to opt out of any "sales" or "sharing" that may be happening due to our use of third-party cookies for advertising as described in section 15 below, which can be done by disabling targeting and social media cookies via the Cookies Settings [(alternatively, you can opt out by visiting our Website with a legally-recognized universal choice signal (like the Global Privacy Control) enabled, but please note our processing of the signal may be limited to the specific browser or device you are using)]; and

5. the right to not be discriminated against for exercising these rights.

California consumers may make a request for information, access, correction, or deletion according to their rights under the CCPA by contacting us as detailed in the How to Contact Us section below. We will verify your request using the information we currently hold about you, such as your email address. Additional information may be required to identify you. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents can submit requests in the same manner as consumers but must include proof of authorization to make the request. We retain Personal Information as long as necessary to fulfill the purposes for which we originally collected it and for other business purposes explained in this Policy.

8. Safeguarding Your Data

We implement reasonable measures given the nature of our engagement and the data provided, to protect your Personal Information from loss, misuse, interference, unauthorized access, disclosure, alteration, and destruction. However, the security of information transmitted over the Internet can't be guaranteed and isn't entirely within our control. For any part of our Website or Software Services where you are provided with a password for access, you are responsible for maintaining its confidentiality. Please do not share your password with anyone.

9. International Data Transfers

Your Personal Information may be transferred to nations other than the one in which it was initially collected. These countries may not share the same data protection regulations as the country where you first provided this information. We ensure that any such international transfers of your Personal Information are safeguarded as set out in this Privacy Policy. To deliver our services, we may need to transfer your personal information among several countries where we have our employees, facilities or service providers, including the United States, our headquarter location. By utilizing the Software Services or otherwise providing Personal Information to us, you consent to this transfer of Personal Information to countries outside your own, including the U.S. For those located in the EEA, we adhere to legal requirements ensuring adequate protection for the transfer of Personal Information to countries outside of the EEA. We acknowledge the July 2020 ruling by the Court of Justice of the European Union stating that certification under the EU-U.S. Privacy Shield Framework can no longer serve as the basis for GDPR-regulated entities to transfer personal data outside the EEA. We also acknowledge Switzerland’s announcement that the Swiss-US Privacy Shield Framework does not provide an adequate level of data protection for transfers from Switzerland to the U.S. We now depend on Standard Contractual Clauses or other approved lawful transfer mechanisms by the European Commission (or other relevant authorities) to transfer personal data from the EEA, UK, and Switzerland.

10. Information for Job Applicants

When you apply for a role at Managed FinOps, we collect the details you provide as part of your application. This can include your name, contact details, professional qualifications and skills, educational and employment history, and other information that may be contained in a resume or shared during interviews (which may be recorded). This can also include demographic or diversity-related information. We may also carry out background checks and receive related details. We utilize this information to streamline our recruitment process and handle applications, including evaluating candidates and monitoring recruitment statistics. We use the information of successful candidates to manage the employment or contractor relationship. We may also use and disclose applicants' information to (a) enhance our Website, (b) comply with applicable laws, (c) respond to subpoenas or warrants served on the Company, and (d) protect and defend Managed FinOps' rights or property or those of others.

11. Links to External Websites

Our website may feature links to third-party websites that: (1) are not associated with us; (2) operate outside of our control; or (3) are not governed by this Policy ("External Websites"). We provide links to these External Websites purely for your convenience. The provision of any link does not denote its trustworthiness or our endorsement of the content or security of the website. We do not accept responsibility for the privacy procedures of External Websites, which may gather and use your information in a way that differs from our approach. Therefore, your usage of such External Websites is entirely at your discretion. We advise that you review the privacy statements or policies of any External Websites before interacting with them. Note that other entities may accumulate data regarding your online activities over time and across multiple websites when you utilize our Site or Services.

12. Updates to Our Policy

We retain the right to alter this Policy at any time, hence we encourage you to frequently check for any revisions to see when the Policy was last updated. Any amendments to this Policy will take effect when we display the updated Policy on our Website or through the Software Services. Your continued engagement with the Website or Software Services signifies your acceptance of these modifications, to the extent allowed under applicable law.

13. Children's Privacy

This Site is not intended to accumulate Personal Information from children under the age of 13. We neither intend to nor knowingly collect such information.

14. Disclosure Regarding Do Not Track

Do Not Track (“DNT”) is a setting available in most web browsers allowing users to activate a preference not to be tracked across websites. When DNT is activated, the browser sends a request to websites asking them not to track the user's activity. Currently, we do not alter our practices or respond to DNT signals. Regardless of your DNT setting, we and others will continue to collect information about you and your online activities using tools such as cookies, tracking pixels, and other technologies. More details about DNT can be found at www.allaboutdnt.org.

15. Usage of Cookies and Web Beacons

This section pertains to the Managed FinOps Website and elucidates the information we gather automatically using information-gathering tools, including cookies and web beacons. Cookies are small data fragments dispatched to your computer when you visit a website and are used to store or track site usage information. Managed FinOps employs cookies for several purposes, from facilitating essential site functions (these are known as "required" cookies), to enhancing your browsing experience, personalizing content, and making your interactions more meaningful ("performance" cookies). Furthermore, some third parties issue cookies through our Website to serve relevant ads based on your browsing activity and allow us to analyze traffic for performance improvement. These third parties may also track your browsing history or other information to understand how you arrived at our Website and the pages you visit upon leaving.

"Social Media" cookies, issued by various social media services we've integrated into our site, allow you to share our content across networks. They can track your browsing across different sites, contributing to a profile of your interests.

Web beacons (also called internet tags, pixel tags, and clear GIFs) are clear electronic images that can identify specific types of information on your computer, such as your browser type or the time you viewed a specific webpage linked to the Web beacon. Managed FinOps uses these beacons to maintain and improve the Website.

Controlling Cookies
Managed FinOps adheres to privacy laws that regulate cookies for users globally, including those in the EU & California, who can adjust their cookie preferences upon their first visit or through the Cookies Settings. For all other users, by using this Website, you consent to our placement of cookies on your computer or device. However, you can prevent cookies from being downloaded by adjusting your browser settings. If you wish to delete or block cookies from specific or all websites, be aware that any preferences, including opting out of cookies, will be lost if all cookies are deleted. For more information on altering your browser settings to block or filter cookies, see http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/. Please note that removing or blocking cookies can impact your user experience and some website features may not function optimally without cookies. We may periodically revise this Cookie information, with changes becoming effective as of the revision date at the top of this page. We encourage you to regularly review this Cookie section to stay informed about our cookie usage.

16. Reaching Out to Us

If you have any queries about this Policy, the Website or the Software Services, wish to opt out of certain services, or exercise your rights, please contact us via:

• Email: privacy@managedfinops.com

• Mail: Managed FinOps, 5900 Balcones Drive STE 11464, Austin, TX 78737

• Telephone: Contact number(s) available on our Website.