Privacy Policy

Effective May 25, 2018

Excel Software Services takes data privacy seriously. This privacy policy explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights.

Excel Software Services, Inc is a software development and consulting firm headquartered in the State of Texas in the United States (“we,” “us,” “our,” and “Excel Software“).

Excel Software creates and sells ERP software, ecommerce websites, system integration utilities, API gateways and other software applications (“Products”). Excel Software also provides custom software development, 3rd party integration services, web development and consulting (“Services”).

Find out more about our Products and Services here.

KEY TERMS

In this privacy policy, these terms have the following meanings:

“Contact” is a person or entity one of our Customers may store data on or contact through our Services. In other words, a Contact is anyone on our Customer’s customer or contact lists.

“Customer” means any person or entity that is registered with us to use our Software or Services.

“Personal Information” means any information that identifies or can be used to identify a Customer, a Contact, or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.

“Website(s)” means any website(s) we own and operate (such as www.excelss.com) or any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this privacy policy.

“Visitor” means any person who visits any of our Websites or subscribes to our newsletter.

“you” and “your” means, depending on the context, either a Customer, a Contact, or a Visitor.

PRIVACY FOR CUSTOMERS

This section applies to the Personal Information we collect and process from a Customer or potential Customer through the sale of the Products or provision of the Services. In this section, “you” and “your” refer to Customers and potential Customers.

Information We Collect

The Personal Information that we may collect broadly falls into the following categories:

(i) Information you provide to us: In the course of engaging with our Services, you may provide Personal Information about you and your Contacts. Personal Information is often, but not exclusively, provided to us when you sign up for and use the Services, consult with our customer service team, send us an email, or communicate with us in any other way.

By giving us this information, you agree to this information being collected, used and disclosed as described in our Terms of Use and in this privacy policy.

(ii) Information we collect automatically: When you purchase the Products or use the Services, we may automatically collect certain information about your device and usage of the Services. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement.

(iii) Information we collect from other sources: From time to time, we may obtain information about you or your Contacts from third-party sources, such as referrals or our partners. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.

(iv) Information from the use of our web or mobile apps: When you use our web or mobile apps, we may collect certain device and usage-related information in addition to information described elsewhere in this privacy policy.

Use of Personal Information

We may use the Personal Information we collect through the sale of Products, Services or other sources for a range of reasons, including:

To bill and collect money owed to us by you.

To send you system alert messages.

To communicate with you about your account and provide customer support.

To enforce compliance with our Terms of Use and applicable law, and to protect the rights and safety of our Customers and third parties, as well as our own.

To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
To prosecute and defend a court, arbitration, or similar legal proceeding.
To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
To provide, support and improve the Products and Services. For example, this may include sharing your or your Contacts’ information with third parties in order to provide and support our Services or to make certain features of the Services available to you.
To provide suggestions to you.
Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you.

Cookies and Tracking Technologies

We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons.

Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement.

Other Data Protection Rights

You and your Contacts may have the following data protection rights:

To access, correct, update or request deletion of Personal Information. Excel Software takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. As a Customer, you can manage many of your individual account and profile settings within the client portal provided through the Excel Software website (www.excelss.com), or you may contact us directly by emailing us at info@excelss.com. You can also manage information about your Contacts within the Products and Software applications..
In addition, individuals who are residents of the EEA can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us using the contact details provided on our website at www.excelss.com. If any of your Contacts wishes to exercise any of these rights, they should contact you directly, or contact us as described in the “Privacy for Contacts” section below.
Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.

PRIVACY FOR CONTACTS

This section applies to the information we process about our Customers’ Contacts as a data controller pursuant to our legitimate business interests. Our Services are intended for use by our Customers. As a result, the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Customers. Excel Software is not responsible for the privacy or security practices of our Customers, which may differ from those set forth in this privacy policy. Please check with individual Customers about the policies they have in place. For purposes of this section, “you” and “your” refer to Contacts.

Information We Collect

The Personal Information that we may collect or receive about you broadly falls into the following categories:

(i) Information we receive about Contacts from our Customers: A Customer may provide Personal Information about you to us through the Products or Services. For example, when a Customer uploads their customer list or integrates with another website or service, or when you sign up for an account on a Customer’s register form, they may provide us with certain contact information or other Personal Information about you such as your name, email address, address or telephone number. You may have the opportunity to update some of this information by electing to update or manage your preferences via an email you receive from a Customer.

(ii) Information we collect automatically: When you interact with one of the Products or Services on behalf of one of our Customers, or browse or purchase from a Customer’s connected store, we may collect information about your device and interaction with an email. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement.

(iii) Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as third-party data providers associated with the Customer. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.

Use of Personal Information

We may use the Personal Information we collect or receive about you for our legitimate business interests, including:

To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.
To protect the rights and safety of our Customers and third parties, as well as our own.
To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
To prosecute and defend a court, arbitration, or similar legal proceeding.
To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
To provide, support and improve the Services. For example, this may include sharing your information with third parties in order to provide and support our Services or to make certain features of the Services available to our Customers.
Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes.

Cookies and Tracking Technologies

We and our partners may use various technologies to collect and store information when you interact with a Customer’s application or site, and this may include using cookies and similar tracking technologies, such as pixels and web beacons.

Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement.

Legal Basis for Processing

We process Personal Information about you as a data controller as described in this section, where such processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests typically include: improving, maintaining, providing, and enhancing our technology, products and services; ensuring the security of the Products, Services and our Website; and for our marketing activities.

Other Data Protection Rights

You may have the following data protection rights:

To access, correct, update or request deletion of your Personal Information. Excel Software takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating or deleting your Personal Information, or altering your data, by emailing us at info@excelss.com We will consider your request in accordance with applicable laws.
In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at info@excelss.com.
You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.

As described above, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Customers. In such cases, if you are a Contact and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by Excel Software as a processor on behalf of our individual Customers, you should contact the relevant Customer that is using the Excel Software Products or Services, and refer to their separate privacy policies.

If you no longer want to be contacted or have Personal Information stored by one of our Customers through our Services, please contact the Customer directly to update or delete your data. If you contact us directly, we may remove or update your information within a reasonable time (in cases where Personal Information is stored within our owned data) and after providing notice to the Customer of your request.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

PRIVACY FOR VISITORS

This section applies to Personal Information that we collect and process through our Websites and in the usual course of our business, such as in connection with newsletter subscriptions, events, sales and marketing activities. In this section “you” and “your” refers to Visitors.

Information We Collect

(i) Information you provide to us on the Websites or otherwise: Certain parts of our Websites may ask you to provide Personal Information voluntarily. For example, we may ask you to provide certain Personal Information (such as your name, contact details, company name, profile information) in order to sign up for a free or paid Excel Software account, apply for a role with Excel Software, or otherwise submit inquiries to us. We may also collect Personal Information, such as your contact and job details and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.

The Personal Information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your Personal Information. We will also let you know prior to collection whether the provision of the Personal Information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.

(ii) Information we collect automatically through the Websites: When you visit our Websites, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered Personal Information under applicable data protection laws.

Use of Personal Information

We may use the information we collect through our Websites for a range of reasons, including:

To provide, operate, optimize, and maintain our Products, Services, and Websites.
To send you information for marketing purposes, in accordance with your marketing preferences.
For recruitment purposes if you have applied for a role with Excel Software.
To respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us.
To manage our Websites and system administration and security.
To improve the navigation and content of our Websites.
To identify any server problems or other IT or network issues.
To process transactions and to set up online accounts.
To compile aggregated statistics about site usage and to better understand the preferences of our Visitors.
To carry out research and development to improve our products and services.
To customize content and layout of the Websites.
To carry out other legitimate business purposes, as well as other lawful purposes.

In addition, we may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this privacy policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this privacy policy applicable to, Personal Information.

Public Information and Third-Party Websites

Blog. We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.
Social media platforms and widgets. Our Websites include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly.

Links to third-party websites. Our Websites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
Contests and sweepstakes. We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively, “Promotions“).

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to collect and use Personal Information about you, including to serve interest-based advertising. For further information about the types of cookies and tracking technologies we use, why, and how you can control them, please see our Cookie Statement.

Other Data Protection Rights

You have the following data protection rights:

To access, correct, update, or request deletion of your Personal Information. Excel Software takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating, or deleting your Personal Information, or altering your data or marketing preferences by emailing us at info@excelss.com. We will consider your request in accordance with applicable laws.
In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at info@excelss.com.
Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.

GENERAL INFORMATION

How We Share Information

We may share and disclose your Personal Information to the following types of third parties for the purposes described in this privacy policy (for purposes of this section, “you” and “your” refer to Customers, Contacts, and Visitors unless otherwise indicated):

(i) Our service providers: Sometimes, we share your information with our third-party service providers, who help us provide and support our Services and other business-related functions.

(ii) Advertising partners: We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information with them for this purpose.

(iii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.

(iv) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition.

(v) Any other person with your consent.

Legal Basis for Processing Personal Information (EEA Persons Only)

If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.

If you are a Customer, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.

Where required by law, we will collect Personal Information only where we have your consent to do so.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the Questions & Concerns section below.

Your Choices and Opt-Outs

Customers and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.

Also, all opt-out requests can be made by emailing us using the contact details provided in the Questions and Concerns section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Customers cannot opt out of these messages unless you cancel your Services with Excel Software.

Our Security

We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. If you have any questions about the security of your Personal Information, you may contact us at info@excelss.com.

Excel Software accounts require a username and password to log in. Customers must keep their username and password secure, and never disclose it to a third party. Because the information in a Customer’s Excel Software account is so sensitive, account passwords are hashed, which means we cannot see a Customer’s password. We cannot resend forgotten passwords either. We will only provide Customers with instructions on how to reset them.

International Transfers

(i) We operate in the United States

Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy.

Retention of Data

We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll refer to these criteria in order to determine retention period:

Whether we have a legal or contractual need to retain the data.
Whether the data is necessary to provide our Services.
Whether our Customers have the ability to access and delete the data within their Excel Software accounts.
Whether our Members would reasonably expect that we would retain the data until they remove it or until their Excel Software accounts are closed or terminated.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties’ direct marketing purposes, and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or email us at info@excelss.com.

Changes to this Policy

We may change this privacy policy at any time and from time to time. The most recent version of the privacy policy is reflected by the version date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the Websites. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Website.

QUESTIONS & CONCERNS

If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please use our contact form to send us a message. You may also contact us by postal mail or email at:

For EEA Residents:

For the purposes of EU data protection legislation, Excel Software Services, Inc. is the controller of your Personal Information. Our Data Protection Officer can be contacted at info@excelss.com.

For Non-EEA Residents:

Excel Software Services, Inc.
Attn. Privacy Officer
info@excelss.com
P.O. Box 1526
Mt. Vernon, TX 75457 USA