Join Us at Flow20, April 27-29 in Chicago

Last Updated: 2019-09-24

Introduction

Your privacy is very important to us. We value the trust that you place in us by giving us your personal information and promise to only use your personal information in a way that is fair and worthy of that trust.

We also promise to always be transparent with you about what information we collect, what we do with it, with whom we share it, and whom you should contact if you have any concerns. xMatters is committed to best practices to protect the information we process.

This privacy notice explains the personal data xMatters processes, how we process it and for what purposes.

What is Personal Data?

The term ‘personal data’ is defined on the General Data Protection Regulation (GDPR) Art. 4 (1) as any information which are related to an identified or identifiable natural person.

We only collect the minimum amount of personal information that we determine necessary to carry on our business.

Privacy Notice Scope

This privacy notice is applicable to every individual that:

  • Accesses the xMatters website
  • Purchases xMatters services (Clients)
  • Uses the xMatters Software-as-a-Service (SaaS) platform

How We Collect and Use Your Personal Information

The following sections outline how we collect and use personal information.

Collection and Use of Information on the xMatters Website

We may collect the following personal information from users who visit our website:

  • Contact information such as name, email address, mailing address, phone number
  • Unique identifiers such as user name and password
  • Information about your business such as company name and job title
  • Work and salary history

We use this information to:

  • Assess the needs of your business to determine suitable products
  • Send you requested product or service information
  • Respond to customer service requests
  • Send you marketing communications
  • Respond to employment inquiries
  • Improve our website and marketing efforts
  • Conduct research and analysis

User Data Supplementation

We purchase marketing data about our customers from third parties and combine it with information we have already collected to help us ensure the data is accurate and complete. xMatters will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

When you download and use our Services, we automatically collect information on the type of device you use and the operating system version.

We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

We do not ask for, access, or track any location-based information from your mobile device at any time while downloading or using our mobile apps or services.

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.

Collection and Use of Information Through the xMatters Service (SaaS Platform)

The xMatters service collects information under the direction of our clients, and we have no direct relationship with the individuals whose personal data it processes. xMatters works with our clients to help them provide notice to their customers concerning the purpose for which personal information is collected. We collect the following kinds of personal information from our clients:

  • Contact information such as name, email address, mailing address, phone number
  • Unique Identifiers such as user name and password
  • Information about their business such as company name and business type

We use this information to:

  • Submit notifications, emergency warnings and updates to individuals on the behalf of our clients
  • Assess system health, volume metrics, and performance data
  • Send requested product or service information
  • Respond to customer service requests
  • Administer accounts
  • Send marketing communications on an opt in basis

How We Disclose Your Personal Information

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.

Service Providers and Sub-Processors

We may provide your personal information to companies that provide services to help us with our business activities such as submitting promotional email communications and emergency alerts to you on the behalf of xMatters. These companies are authorized to use your personal information only as necessary to provide these services to us. xMatters may transfer personal information to companies that help us provide our service to our clients. Transfers to subsequent third parties are covered by the provisions in this policy regarding notice and choice and the service agreements with our clients.

Legal Disclaimer

We may also disclose your personal information:

  • as required by law, such as to comply with a subpoena, or similar legal process;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; and/or
  • to any other third party with your prior consent to do so.

If xMatters is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Use of Cookies

xMatters and our marketing partners, affiliates, and analytics or service providers use cookies or similar technologies to analyze trends, administer the site, track user movements through the site, and gather demographic information about our user base as a whole.

We use cookies to remember user-specific settings, such as language preference and authentication, while our users are using the service. Users can control the use of cookies at the browser level. If they choose to reject cookies, they can still use the site, but may find that their ability to use some features or areas of the service is limited.

Like most websites, the service gathers certain information and stores it automatically in log files. This helps us monitor site traffic, referrals, exit patterns, browser and operating system trends, and clickstream data. We may combine this automatically collected log information with other information we collect about users.

While xMatters may compile aggregate data related to xMatters client usage as a group, we will never disclose such aggregate data to third parties to the extent that a client could ever be identified as the source of the data.

We also partner with a third party to display advertising on our site, and to manage our advertising on other sites. Our third-party partner may use cookies to gather information about user activities on the site (and other sites) to provide advertising based on browsing activities and interests. If users do not want to have this information used for the purpose of serving them interest-based ads, they can opt out by clicking here (or, if located in the European Union, by clicking here). This does not prevent users from being served ads, and they will still receive generic advertising.

xMatters uses Google Analytics to monitor overall traffic trends, system performance, and other metrics. To learn more about Google Analytics, see the Google Partner Privacy Policy at https://www.google.com/policies/privacy/partners/.

How Long We Retain Your Personal Information

xMatters will retain personal data we process on behalf of our clients for as long as needed to provide services to our client. xMatters will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Personal Information Transfers Outside of EU (EU-U.S. Privacy Shield)

xMatters participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. xMatters is committed to subjecting all personal data received from European Union (EU) member countries, including the United Kingdom (UK) and Switzerland, respectively, in reliance on each privacy shield framework, to the framework’s applicable principles. To learn more about the privacy shield framework, visit the U.S. Department of Commerce’s Privacy Shield List.

xMatters is responsible for the processing of personal data it receives, under each privacy shield framework, and subsequently transfers to a third party acting as an agent on its behalf. xMatters complies with the privacy shield principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the privacy shield framework, xMatters is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, xMatters may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S. based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

xMatters has further committed to cooperate with EU data protection authorities (DPAs) for EU employees, and the Swiss Federal Data Protection and Information Commissioner for Swiss employees, with regard to unresolved privacy shield complaints concerning human resources data transferred from the EU or Switzerland, respectively, in the context of the employment relationship and employee data that it processes in its role as a service provider.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

How We Protect Your Personal Information

We use physical, electronic and procedural safeguards to protect against unauthorized use, access, modification, destruction, disclosure, loss, or theft of your personal information.

The security of your personal information and our clients’ information is important to us. When you enter sensitive information (such as login credentials) we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our website, you can contact us via one of the methods listed below.

Who is in charge of Your Information

xMatters Privacy Officer is responsible for ensuring all necessary processes to protect your information are in place. We also have a robust privacy program managed and audited by the Information Assurance team.

Rights about your Personal Information

You have the right to require us to:

  • provide you with further details on the use we make of your information
  • provide you with a copy of information that we hold about you;
  • update any inaccuracies in the personal data we hold;
  • delete any personal data that we no longer have a lawful ground to use;
  • where processing is based on consent, to withdraw your consent so that we stop that particular processing;
  • object to any processing based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights; and
  • restrict how we use your information whilst a complaint is being investigated.

You may also ask us not to process your personal data for marketing purposes. We will inform you if we intend to disclose your information to any third-party service provider for this purpose. You can exercise your right to prevent such processing at any time by contacting us.

We are also required to take reasonable steps to ensure that your personal data remains accurate. In order to assist us with this, please let us know of any changes to the personal data that you have provided to us by contacting us or by using any relevant Customer Support channels and/or personnel.

If you are not satisfied with our use of your personal data or our response to any exercise of these rights, you have the right to complain to the relevant supervisory authority (data protection regulator).

Notification About Privacy Breaches

We have a process in place to handle privacy breaches that involves, but is not limited to, report the breach, contain the breach and assess the extent and Impact of the Privacy Breach.

In the case of a privacy breach, we will, not later than 72 hours after having become aware of it, notify the data breach to the supervisory authority. When the personal data breach is likely to result in a high risk to your rights, we will communicate the personal data breach to you without undue delay.

xMatters Privacy Officer is responsible for maintaining and applying this procedure

Contact Information

Your privacy is extremely important to us. Please send all privacy concerns to privacy@xmatters.com. Additional contact information can be found here.

xMatters, inc.
12647 Alcosta Boulevard Suite 425,
San Ramon, CA 94583, United States

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