Effective starting: 29 Oct, 2020
1. Introduction
Railsware Products, Inc., United States of America company registered office: 679 Titicus Road North-Salem, New York 10560, USA (herein “Railsware”, “us”, “our”, or “we”), focuses on assuring that the Smart Checklist for Jira. Enterprise (Server and Datacenter versions) available on the Atlassian Marketplace (the “Add-on”, or “Product”), as well as the general ecosystem provide a safe environment for the Marketplace Add-on pages visitors, as well as customers and users (herein “Customer”, “you”) of our products.
We are dedicated to protecting your privacy. This Privacy Policy (herein the “Policy”) applies to the Add-on Marketplace pages and the Add-on itself as a Railsware product, and administers the ways we collect, process and store data. It explains what types of data we collect, how we collect it and why. The Policy has a direct reference to the Railsware Terms of Service Agreement and applies to it.
Railsware is not established in the European Union, but it may process and store Personal Data of EU and other citizens, who on their free will may submit support requests, provide feedback or perform other activities, which may result in supplying us with their Personal and/or Navigational Information. This Policy also explains how data subjects including the Add-on Marketplace pages visitors, as well as Customers and users may exercise their rights to obtain, access, erase, use and rectify their Personal Information that was shared with us.
2. Add-on’s Visitor and Customer Data
2.1 Data You Provide
We may collect and process the information you provide us when you participate in a Railsware survey, send us an email, submit a support and/ or feature request, or in any other way and on your free will deliver it to us. This data may include your first and last name, your email, and any additional information that you supply us with and/or that is required to address your request.
2.2 Data We Collect Automatically
Atlassian provides us with the technical and billing contacts of the Add-on evaluation user or Customer, including their first and last name, the name of the company and the country where it is based, as well as their Jira instance subscription tier, and the Partner name and their email if the latter assisted you with the Add-on integration. We keep record of this data.
When you enter the Add-on Marketplace page, we will gather the following data from your device:
- The device type
- The browser you are using
- Operating System (OS)
- The source you used to enter the Marketplace page: direct, a referral site, search engine or social sites and applications
We may also monitor your online behavior, including the time of your visit, your online activity on the Add-on Marketplace pages including the URL clickstream, the pages you visited, the time you spent viewing them, and the frequency of your visits. We also collect demographic information about the Add-on Marketplace pages visitors that helps us improve the content and tailor it to their requirements.
We gather this data automatically through the commonly used data-gathering technologies, like cookies, beacons and other.
We do not collect, do not process, and do not store the Add-on usage history and statistics on both Server and Datacenter versions.
We removed the tracking widgets starting from the Add-on's Server license version 4.2.0. Therefore, there are no tracking widgets that are applicable to the Add-on’s Server license starting from the Server license version 4.2.0. And, there no tracking widgets that are applicable for the Datacenter version starting from the very first license of this version.
Railsware does not have any access to, and does not store the contents of your checklists.
3. Types of Information
When you browse the Add-on Marketplace pages, we may collect some Personal and Navigational Information.
3.1 Personal Information
After you install the Add-on on your instance, Railsware gains access to some Personal Information of the technical and billing contact representative at your company that you earlier provided Atlassian with when registered an account in Jira.
Under ‘Personal Information’ we understand the first and last names, email addresses, the company name, as well as any other information that refers to you or your workplace (business) that Atlassian shares with Railsware when a user installs the Add-on on their Server or Datacenter instance.
When you browse the Marketplace pages, we may also collect a Client ID that is assigned to your browser. Personal Information also refers to other information that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, and includes any other publicly available data that you previously agreed to share and that is available from other service providers.
3.2 Navigational Information
‘Navigational Information’ refers to your computer and your visits to the Marketplace pages such as your geographical location, browser type, source, length of visit and pages viewed.
3.2.1 Cookies Definition and Categories
Cookies are small files which are received from a web server and are either stored on your web browser until its expiry date, or until the end of each session. You may not agree to accept cookies and refuse them.
Our Site and Add-ons incorporates different cookies that are divided into several categories:
- Essential cookies are necessary to provide you with the Add-on core services and functionality.
- Analytics cookies help us understand how our Add-on Marketplace pages and Add-on are being used, how good our marketing campaigns perform, and based on the information - customize and enhance both the Add-on Marketplace pages and te Add-on for you.
- Performance cookies improve the Add-on Marketplace pages and the Add-on performance by leveraging non-essential functionality, such as but not limited to allowing communication with the Railsware support team and enabling submission of support requests.
3.2.2 Cookies Served Through our Server Version of the Add-on
We do not serve any cookies through our server version of the Add-on.
The following Google Analytics cookies are served by Atlassian on the Add-on Marketplace page and we have access to this data.
Cookie Name | Category | Expiration Date | Description | Company or service that provides this cookie | How to opt out |
|---|---|---|---|---|---|
| _ga (served on the Atlassian Marketplace page) | Analytics | 2 years | Used to distinguish users. | Google Analytics | To refuse these cookies, please follow the general browser rules explained in the ‘Disabling Cookies’ part of this Privacy Policy, or visit this page: |
| _gid (served on the Atlassian Marketplace page) | 24 hours | Used to distinguish users. | https://tools.google.com/dlpage/gaoptout | ||
3.2.3 Disabling Cookies
The Add-on Marketplace pages’ visitors, as well as the Add-on users and Customers have the right to opt out from using the cookies on the Add-on Marketplace pages. To reject these cookies, you can either follow the instructions provided in the table above, or amend your web browser settings and either accept or refuse these cookies.
Here are the links to different web browsers where you can amend your browser preferences, and either enable or disable cookies:
- Microsoft Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- Google Chrome: https://support.google.com/accounts/answer/61416
- Safari: https://support.apple.com/kb/PH21411?locale=en_US
- Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
In addition, you can also opt out from the targeted advertising, like Google Adwords. In order to do so, please visit https://support.google.com/ads/answer/2662922?hl=e
3.3 Sensitive Information
Railsware does not intentionally collect, and the Marketplace visitors, as well as the Add-on users and customers should not provide any information about your medical or health condition, race and ethnic origin, political opinions, religious and philosophical beliefs, as well as bank account information, bank card details, TAX and passport numbers, driver’s license or other similar personal identifiers.
4. Use of the Information We Collect
4.1 Compliance with this Privacy Policy
Railsware uses the data it collects only in compliance and according to this Privacy Policy. Therefore, both the Marketplace page visitors and the Add-on Customers and users should read this Privacy Policy carefully and other agreements published on the Add-on Marketplace pages or as part of the Add-on before proceeding with browsing the Add-on Marketplace pages or using this Add-on.
4.2 How We Use Personal Information We Collect
We use Personal Information we collect from the Add-on users and Customers in order to:
- Analyze the market and the Add-on target audience.
- Contact the Customer technical and billing representatives in order to resolve urgent issues.
- Provide the Customer technical and billing representatives with educational information that they may find helpful when applying the Add-on at their working environment.
- Communicate with the Customer technical and billing representatives, inform them about important product- and company-related updates.
- Manage the Add-on’s security and administration.
- Respond to customer support and other Add-on-related requests.
- Hold surveys, send out questionnaires that help us understand our customer requirements and expectations from the Add-on, its Marketplace pages, support or any other services that we provide.
4.3 How We Use Navigational Information We Collect
- Enhance customer user experience while browsing the Add-on Marketplace pages.
- Manage the Add-on Marketplace page content and customize it according to the user preferences.
- Distribute other targeted and personalized marketing information.
4.4 Service Providers
Railsware may employ other organizations and persons (“Agents”) to perform tasks or provide services to the Add-on Marketplace visitors, and Add-on customers and users, and may need to share your Personal or Navigational Information with them to provide data, products, and services to you. These tasks and services may include marketing and support activities, analyzing different types of data, providing advisory and legal services. In all the cases when Railsware shares your information with such Agents, we will request for the agent to accept and strictly observe our Privacy Policy.
4.5 Personal Information Security
Railsware applies different security technologies, guidelines and procedures to ensure complete security, as well as full confidentiality of the Personal Information you provide. We also take measures to avoid unauthorized access to personal data and electronic communication systems. Your Personal Information is securely stored on servers and protected from unauthorized usage, leak and exposure. For any questions that relate to the security of your Personal Information, please email us at smartchecklist@railsware.com
4.6 Links and Third-Party Sites
The Add-on Marketplace pages may include links to third-party websites. These websites may offer certain services to end-users. Railsware does not take any responsibility for their content, services, administrators, practices and policies, and does not endorse them. Railsware also does not bear any responsibility for the privacy of information that you submit on these resources, since this Privacy Policy does not apply to them. We recommend you to familiarize with the Privacy Policy and other legal documents before submitting or sharing any Personal Information with them.
4.7 Third-Party Services
This third-party service is available for your Jira admin only:
The Add-on Marketplace pages include third-party systems that allow for a support request, product-related idea and/or feedback submission. When you use this systems to submit any of the above-mentioned requests, we may ask you to provide us with your name and email so that our team can action and respond to these messages.
Your Jira admin can use the support system located in the bottom right corner by either going to Jira Software - Jira Settings - Apps - Smart Checklist - Settings, or open a Smart Checklist Markdown editor.
4.8 Personal Information Retention
Railsware will retain your Personal Information for the period required to fulfill the obligations it took as an Add-on provider, or unless a longer period of time is required by law for tax, legal or other regulatory reasons. Railsware will delete all Personal Information at the earliest date per your request.
4.9 Сompelled Disclosure
Railsware reserves the right to disclose personal data to public authorities in accordance with a legal liability to perform their duties, such as customs and tax authorities, financial investigation units, judicial administration and other parties if the EU or the Railsware’s representative member state law allows to exercise such disclosure in the public interest, including protection of your and other people’s safety.
5. Data Subject Rights
5.1 The Add-on Marketplace pages Visitor and the Add-on User Rights
Our Add-on Marketplace page visitors, as well as Add-ons Customers and users have the following rights:
- To request access to your Personal Information
- To remove consent from being contacted by email, phone and other means of communication
- To request for all Personal Data that was received from you to be deleted from all our records
- To request that we update, correct or remove any omissions in your Personal Information that we store
- To opt out from all kinds of direct marketing and other communication
- To request us to delete your Personal Information
- To object the processing of your Personal Information, or ask us to restrict the processing of your Personal Information, or request portability of your Personal Information
- To withdraw your consent from collection and processing of your Personal Information 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.
- To complain to a data protection authority about our collection and use of your Personal Information. Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries (including the USA and Canada) are available here.)
In order to exercise any of these rights, please email us at smartchecklist@railsware.com. We will provide response to your request as soon as possible, informing you about the steps we have taken to ensure that your rights are exercised.
5.2 Opting Out from Our Communications
You may opt out from our marketing communications by pressing the ‘unsubscribe’ link, which is located at the bottom of our email, or sending your unsubscribe request at smartchecklist@railsware.com
You cannot unsubscribe from our transactional emailing, and other communication which may also include crucial information about the Add-on functionality updates.
5.3 Children’s Information
The Add-on Marketplace pages and the Add-on itself are not intended for children's use. We do not knowingly accumulate any data from children under the age of 16. If you think that we might have gathered some information from children under the age of 16, please let us know at smartchecklist@railsware.com and we will delete this data from our databases and other applicable resources, if any.
6. International Transfer of Information
6.1 The International Transfer and the Privacy Shield
To perform our operations, we may transfer and access Personal Information from around the world, including the United States, the EU and other countries. While transferring the data, we take the necessary measures to safeguard the activity in general, and the Data Subjects in particular to ensure an appropriate level of protection for their fundamental rights. The Privacy Policy shall apply even if Personal Information is transferred or accessed from other countries.
We use third party services (as described in this Privacy Policy), which may be based in other countries that may not have equivalent Privacy and Data Protection laws to the country in which you reside. When we share information about customers residing in the European Economic Area and Switzerland, we use the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, European Commission-approved standard contractual data protection clauses, or other appropriate legal mechanisms to safeguard the transfer. Please see our Privacy Shield Notice below.
6.2 Privacy Shield Notice
Railsware participates and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. The following software products adhere to the Privacy Shield principles: Mailtrap application, Smart Checklist add-on for Jira.Enterprise (Cloud, Server and Data Center versions), Smart Checklist for Jira.Free Trial (Cloud version). Railsware is committed to subjecting all Personal Data received from the European Union (EU) member states and Switzerland, in reliance on the 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 at https://www.privacyshield.gov/list.
Railsware is responsible for the processing of personal data it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. Railsware 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, Railsware is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Railsware may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
You may direct any inquiries or complaints related to our Privacy Shield compliance to smartchecklist@railsware.com. If you have an unresolved privacy or data use concern that we have not addressed satisfactory, you may contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/eu-us-privacy-shield.
Under certain conditions, which are fully explained on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
7. Sub-processors
We removed the tracking widgets starting from the Add-on's Server license version 4.2.0. Therefore, the below Sub-processors have no access to any data related to the Add-on starting from the Server license version 4.2.0. The only sub-processors (applicable for all Server license holders starting from version 4.2.0) that we share a Jira instance’s technical contact’s name and email address with is Mailchimp. However, we have made sure for Mailchimp to provide an ability to unsubscribe and delete Personal Data that they hold about you (your name and your email) from their system.
Railsware uses a range of third-party sub-processors that are authorized to process the Add-on user and customer data, and help us deliver the Add-on functionality, as well as the accompanying support services in full.
| Entity Name | Location |
|---|---|
| Google Inc. | United States |
| Amplitude, Inc. | United States |
| MailerLite | United States |
| Help Scout, Inc. | United States |
8. General Clauses
8.1 Changes to the Privacy Policy
We reserve the right to review and make amendments to this policy. When the changes are made, we will publish the link to the new version of the Privacy Policy on the Add-on Marketplace main page, and update the ‘effective starting’ date, which is indicated at the top left corner of this Policy, to the day when the latest amendments were made.
8.2 Contact us
For any additional questions or inquiries about the Privacy Policy, please send an email at smartchecklist@railsware.com