Privacy Policy

Effective: September 22nd, 2020
Last reviewed and updated: October 31, 2024

Introduction

Welcome, and thank you for your interest in Coder Technologies Inc. ("Coder", "we", or "us"). This Privacy Policy (the "Policy") applies to the Personal Information that we obtain through coder.com and through the User’s instance of the product, or any related products or services (the "Services"). Information captured from the User’s instance of the product is obtained in similar ways and used for the same purposes as information captured from coder.com. This Policy describes how we use and disclose such Personal Information, your rights and choices with respect to your information, and how you can contact us if you have any questions or concerns.

Please note that our core Coder product is deployed by our business customers on their own server or cloud platform of choice. If you have any questions about a customer’s Coder deployment, please contact the customer directly.

1. Personal Information We Collect

We may collect Personal Information about you directly from you and from third parties, as well as automatically through your use of the Services. In this Policy, "Personal Information" means any information relating to an identified or identifiable individual.

Information Provided by You

• Contact information. We may receive professional contact details of employees and other individuals associated with our business customers, prospects, partners, and vendors, such as first and last name, email address, phone number, title and department, and other relevant information necessary for us to manage a particular business relationship.

• Payment information. If you make payments for the use of our Services, we will ask you to provide your payment information, such as your credit card number and billing address, to process your payment.

• Communication information. When you contact us via a contact form, email, or other means, you may provide us with communication information, such as your name, email address, company, and the content, date, and time of your message.

• Support Information. When you request technical support services, we will process your contact information, communication information, as well as information on the reasons for your support request, and any additional information you may provide.

Where required by applicable law, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so.

Information Collected via Automated Means

• Services usage information. When you use our Services, we may automatically collect information about your visit, including via cookies, beacons, invisible tags, and similar technologies (collectively, "cookies") in your browser and on emails sent to you. This information may include Personal Information, such as your IP address, web browser, device type, and the web pages that you visit just before or just after you use the Services, as well as information about your interactions with the Services, such as the date and time of your visit, and where you have clicked. Metrics collected by automated means may include: number of users; daily/weekly/monthly active users; rebuild frequency; rebuild time; image update frequency; editor usage split by editor type; web terminal, coder-cli, and SSH usage; metrics page and filter usage; services usage; dev URL usage patterns; and resource allocation. Paid users may opt in to the collection of this information to enhance product performance but are otherwise opted out by default. Free users are automatically opted in to the collection of this information and they do not have an opt-out option. In the event a free user converts to a paid subscription, they will be given the option to opt out. This information is only used for product development and enhancement. You can find more information about how we use cookies in the section How We Use Personal Information below.

Information Collected from Third Parties

• Information from Other Sources. We may obtain information, including Personal Information, from third parties and sources other than our Services, such as our business customers and partners. If we combine or associate information from other sources with Personal Information that we collect through our Services, we will treat the combined information as Personal Information in accordance with this Policy.

Summary of Information Collected

2. How we use Personal Information

• Support. We use Personal Information to provide technical support, including diagnosing and resolving any issues you report.

• Customer relationship management. We may process your Personal Information for customer relationship management purposes.

• Communicating with you. We may use your email address and other Personal Information as necessary to contact you for administrative purposes such as to manage your account, to provide information that you request, and to respond to comments and questions.

• Understanding usage and improving our Services. We use the information that we collect on the Services to understand and analyze the usage trends and preferences of our users, to improve the Services, and to develop new products, services, features, and functionality.

• Marketing. We may use your email address and other Personal Information to send marketing communications, including updates on promotions and events relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt out of receiving any promotional communications as described below under Your Rights and Choices. Where required under applicable law, we will only send you promotional emails with your opt-in consent.

• Administrative and legal purposes. We may use your Personal Information to address any administrative or legal issues pertaining to Coder, including but not limited to intellectual property infringements, defamation, or privacy rights.

• Aggregation. We may aggregate or otherwise de-identify Personal Information and use the resulting information for other business purposes.

• Consent. In some cases, such as for marketing communications or cookies, we ask for your explicit consent. You give this by opting into things like newsletters or accepting cookies on our site. If you change your mind, you can withdraw your consent at any time.

• Legitimate Interests. We may process your data because it’s in our legitimate interests, like improving our services, keeping our platform secure, or preventing fraud. We make sure our legitimate interests don’t override your rights or interests. We may either delete or anonymize such information or delete if possible.

• We do not sell or share personal information with third parties.

How We Use Cookies and Similar Technologies

We and third-party service providers may use the following cookies to collect Personal Information:

• Functional cookies. Some cookies are strictly necessary to make our Services available to you. For example, to remember your preferences. We cannot provide you with the Services without this type of cookies.

• Analytics cookies. We also use cookies for website analytics purposes in order to operate, maintain, and improve the Services. We use Google Analytics, Simple Analytics and HubSpot to collect and process certain analytics data on our behalf. Google Analytics, Simple Analytics and HubSpot help us understand how you engage with the Services and may also collect information about your use of other websites, apps, and online resources.

Where required by applicable law, we obtain your consent to use cookies. You can find more information about your rights and choices, and how to opt out of the use of certain cookies in the section Your Rights and Choices below.

Our Use of European Personal Information

If you are located in the European Economic Area, we only process your Personal Information when we have a valid legal basis, including when:

• You have consented to the use of your Personal Information, for example to send you marketing communications.
• We have a legal obligation to use your Personal Information, for example to comply with tax and accounting obligations, or with a court order.
• We or a third party have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information for internal analytics purposes, and to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.

3. When we Disclose Information

We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

• We work with third-party service providers to provide hosting. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions on our behalf and we require them to agree to maintain the confidentiality of such information.

• We may make certain information available to third parties for various purposes, including compliance with various reporting obligations or for our business purposes. Where required under applicable law, we will only use anonymized or aggregated information for these purposes.

• We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, 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 also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of our Services and any facilities or equipment used to make our Services available; or (v) protect our property or other legal rights including, but not limited to, enforcement of our agreements, or the rights, property, or safety of others.

• We may disclose and otherwise transfer Personal Information to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

• We may share Personal Information with our affiliates, subsidiaries, and branch offices to which it is reasonably necessary or desirable for us to disclose Personal Information for the above-mentioned purposes.

4. Your Rights and Choices

You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of our Services. If you wish to access, amend, or delete any other Personal Information we hold about you, you may contact us using the contact details at the end of this Policy. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so, as permitted under applicable data protection law.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us and any other promotional communications that we may send to you from time to time, by contacting us using the contact details at the end of this Policy. Please be aware that after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Services.

Your Cookie Choices

You have the following choices with regard to the use of cookies and similar technologies.

• Browser settings. Many web browsers allow you to manage your preferences relating to cookies. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences. Please note that if you choose to block cookies, doing so may impair the use of our Services.

• Google Analytics. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/ and opt out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout or via Google’s Ads Settings or Ad Settings for mobile apps.

• Simple Analytics. You can learn more about Simple Analytics practices by going to https://simpleanalytics.com/privacy-policy.

Your European Privacy Rights

If you are located in the European Economic Area, you have additional rights described below.

• Right to Access, Receive, Correct, or Delete. You may request access to and receive information about the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, restrict or object to the processing of your Personal Information, have the information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where an incident took place.

• Right to Restrict Processing. You may withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time, and free of charge. We will apply your preferences going forward, and this will not affect the lawfulness of the processing before you withdrew your consent.

• Right to Object. You can object to how we’re processing your data, particularly for direct marketing or if it’s based on legitimate interests.

• Right to Withdraw Consent. You may exercise these rights by contacting us using the contact details at the end of this Policy. Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

Your Rights as a California Resident

If you are located in California, you may have certain rights with respect to your personal information, including:

• The right to access, including the right to know the categories and specific pieces of personal information we collect;
• The right to deletion of your personal information, subject to certain limitations under applicable law;
• The right to request disclosure of information collected;
• The right to disclosure of information disclosed for valuable consideration;
• The right to opt out of sales of personal information;
• The right not to be discriminated against for exercising certain rights under California law;
• Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing use. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2020 will receive information regarding 2019 sharing activities). Please be aware that not all sharing activities are covered by the Shine the Light law and only covered information will be included in our response

5. International Visitors

Our Services are hosted in the United States. If you choose to use our Services from a different jurisdiction, you are transferring your Personal Information outside of your jurisdiction and into the U.S. for storage and processing. Please note that the data protection laws in your jurisdiction may be different than the laws applicable in the U.S. When we transfer your Personal Information to the U.S., we take steps to comply with applicable data protection law, in particular legal requirements regarding adequate protection for data transfers. We may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our Services. By providing any information, including Personal Information, on or to the Services, you consent to such transfer, storage, and processing. When that happens, we may transfer your Personal Information to countries which have been found to provide adequate protection by the European Commission (such as those in the European Economic Area), or use Standard Contractual Clauses approved by the European Commission for the transfer of Personal Information. For more information about how we transfer Personal Information outside of the EEA, or to obtain a copy of the Standard Contractual Clauses we use for such transfers, you may contact us as specified at the bottom of this policy.

European Visitors

If you are located in the European Economic Area, we will comply with applicable EEA data protection law when transferring your Personal Information outside of the EEA. We may transfer your Personal Information to countries which have been found to provide adequate protection by the European Commission (e.g., Switzerland and Canada), use contractual protections for the transfer of Personal Information, or transfer to recipients who have certified to the Privacy Shield or adopted Binding Corporate Rules. For more information about how we transfer Personal Information outside of the EEA, or to obtain a copy of the contractual safeguards we use for such transfers, you may contact us as specified below.

U.S Visitors

For general access data requests, we will verify your identity to a reasonable degree of certainty, which may include matching data you provide with data we already maintain, and may require a signed declaration under penalty of perjury that you are the individual whose personal information is the subject of the request.

6. Children’s Privacy

The Services are not intended for children under the age of 13 and we do not knowingly collect information online from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, you should not use or access the Services at any time or in any manner. If we become aware that any person submitting information to the Services is under the age of 13 and without verifiable parental consent, we will promptly take steps to delete or anonymize any personal information and terminate the user account. If you become aware that your child or any child under your care has provided us with personal information without your consent, please contact us at the contact information listed below.

7. Retention

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the specific retention period, we take into account various criteria, such as the type of service provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law and the relevant statute of limitations.

8. Third-party Services

The Services may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Services. We encourage you to learn about those third parties’ privacy and security policies before providing them with information.

We may share your data with third parties or other companies, but we ensure your data is protected. Here’s how:

• Third-Party Processors: These are companies that process your data on our behalf for specific purposes like payment processing or marketing. They can only use your data based on our instructions and can’t use it for their own purposes.
• Joint Controllers: Sometimes, we may share responsibility for processing your data with another company. In such cases, we make sure both parties comply with GDPR and clarify our respective responsibilities.

9. Information Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of Personal Information that we collect and maintain. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk.

10. Changes to our Privacy Policy and Practices

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through coder.com, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Services for the first time after such material changes are made. Your continued use of the Services after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of this Policy.

11. How to Contact Us

Unless otherwise indicated, Coder Technologies Inc. is the entity responsible or "data controller" for the processing of your Personal Information as described in this Policy. Please contact us with any questions or comments about this Policy, your Personal Information, our use and disclosure practices, or your consent choices by email or by postal mail at:

Coder Technologies Inc.
ATTN: Legal Department
9901 Brodie Lane, Ste 160 #1212
Austin, TX 78748
United States
Email: [email protected]