Timesys Privacy Policy

This Privacy Policy was last modified on August 18, 2023.

We, Timesys Corporation (“Timesys”, “Company”, “we”, “us”, “our”) are the owners of the website https://www.timesys.com/ (the “Website”). This Website showcases our products and provides our service offerings (“Offerings”).

We respect data privacy rights and are committed to protecting the personal information collected on this Website. This privacy policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected on the Website.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CLICKING ON THE CONSENT CHECK BOX, OR BY PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE YOUR PERSONAL INFORMATION ON THE WEBSITE. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO legal@timesys.com.

IF YOU ARE ACCESSING THE WEBSITE ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH THIRD PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND, IN SUCH AN EVENT, YOUR USE OF THE WEBSITE SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE WEBSITE.

This Privacy Policy is an electronic record in the form of an electronic contract being compliant and construed in accordance with data protection laws of the applicable jurisdictions.

1. Definitions

“User(s)” shall mean individuals that use/access the Website and/or avails the services through the Website;

“Customer” shall mean an entity, organization, individual which has subscribed to the services;

“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Information;

“Personal Information” means information that can be used to identify the User, including but not limited to individual’s full name, mobile number, residential address, email address, company name, employee number and designation;

“Processor” means a natural or legal person, public authority, agency, or other body which processes Personal Information on behalf of the Controller.

2. Personal Information Collected

When the Company receives Personal Information from its Customer, the Company acts as a Processor and shall process such Personal Information as per the instructions received by the Controller. If you have any questions related to the handling of your Personal Information by the Company or to exercise your rights, you can contact us at legal@timesys.com.

For Personal Information collected on behalf of Customer please refer to Clause 5 of this Privacy Policy 

We may collect your Personal Information in the following cases:

i. Personal Information collected when you contact us/ request a demo:

When you contact us, request for a demo through our Website and/or write to us on our email, you may provide us your Personal Information, including but not limited to first name, last name, company name, company email address, designation, contact number.

ii. Personal Information collected for recruitment purposes:

We may collect certain Personal Information from you if you apply for a job at our Company through the careers page on our Website, including but not limited to the candidate’s name, email address, contact number, resume/CV and any other information that you provide to us.

iii. Social media platforms:

We may also collect, store and use your Personal Information when you access social media pages operated by us on Facebook, YouTube, Instagram, Twitter, and/or LinkedIn.

3. Cookies

We use cookies and/or similar in-house and third-party tracking tools to track user traffic patterns. Tracking tools also used are beacons, tags and scripts to collect and track information and to improve and analyze our Website. You may choose to disable cookies through your browser settings. For more information, please refer to our cookie policy here.

4. Accuracy of information

The User undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information shared with us whether of its own or any third party. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.

5. Processing of Personal Information by us on behalf of the Customers:

This section concerns the Personal Information of the User collected by the Customer through the services offered on the Website, and such collection may be facilitated by us:

i. The Company as a Processor: The Customer sets the purpose and means of processing of such Personal Information. We process such Personal Information only on behalf of and on the instructions of the Customer and for the purposes of rendering services to the Customer.

ii. Customer Privacy Policy: If you are the User of the Website and your Personal Information was shared with us by the Customer, the privacy policy of the Customer, on whose behalf we collect and process the Personal Information, will apply. This means that any enquiry, request, objection or complaint that you as a User may have in connection with the collection and/or processing of Personal Information that forms part of your Website usage should be addressed to and resolved by the Customer.

iii. Personal Information: We may process Personal Information of the users of the Website, including but not limited to the name, email address, contact number, account details, details of support tickets.

    The Customer has complete control over the Personal Information and the Company processes the Personal Information on the Customer’s behalf.

iv. Customer Responsibility: The Customer represents that it has acquired all necessary consents and/or relies on other appropriate legal basis for the processing of Personal Information of end-Users. Customer confirms that end-Users have been informed that their Personal Information is transferred to the Company as a processor and other third parties used by the Company for the provision of Services.

We will process the Personal Information for as long as we provide services to the Customer and the Customer maintains active accounts of such Users.

6. Use of Personal Information

We use the Personal Information for the following purposes:

  1. to inform you about our Offerings and to respond to your requests;
  2. for creation or development of business intelligence or data analytics in relation to the Offerings provided by us (for this purpose we may share the Personal Information with certain software or tools available online);
  3. to improve the Offerings;
  4. to process job applications (if you apply for a position with our organization);
  5. to maintain and manage our Website;
  6. to manage our relationship with you;
  7. for internal record keeping; and 
  8. to comply with our legal or statutory obligations.

7. Disclosures

We do not sell, rent, share, distribute, lease or otherwise provide your Personal Information to third parties, without your prior consent. Keeping this in mind, we may disclose your Personal Information in the following cases:

  1. Affiliates: We may provide your Personal Information to our affiliates to enable them to improve the Offerings, provide feedback and respond to their queries.
  2. Service Providers: We may share your Personal Information with the service providers who work with us in connection with operating the Website and/or providing the Offerings. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Policy.
  3. Merger or Acquisition: We may transfer your Personal Information if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including the Website, to a third party. Any such third party or resultant entity that receives your Personal Information shall have the right to continue to use your Personal Information in line with the purposes set out herein. In the event of such a sale or transfer, we may notify you.
  4. Legal and Regulatory Authorities: We may disclose your Personal Information in order to comply with our legal obligations/court orders/requests by government authorities.

8. Data Retention

We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the services on our Website. We may retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

9. Security

We have implemented sufficient security measures to protect Personal Information. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. All Personal Information is stored on third party cloud servers, accessible only to authorized personnel. Although we provide appropriate firewalls and protections, we cannot guarantee the security of Personal Information transmitted, as these systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, and technical issues is possible, and we will take necessary measures to mitigate such events. 

10. Your Rights

You have the right to access your Personal Information in our possession, the right to have us rectify or modify any such Personal Information, the right to have us erase/delete your Personal Information, the right to restrict us from processing such Personal Information, the right to object to our use of your Personal Information, and withdraw consent to process your Personal Information. If you withdraw your consent, we may not be able to provide certain products or services to you. Depending on the nature of the request, we may ask you to complete a Personal Information request form or seek certain details to verify the request. All requests for Personal Information will be handled within a reasonable period of time. If you would like to exercise ANY of these rights, please contact legal@timesys.com.

11. Information for EU and UK Visitors 

Residents of the European Union (“EU”) and United Kingdom (“UK”) should note that this Privacy Policy has been updated in accordance with the requirements of the EU General Data Protection Regulation (the “GDPR”) and the UK GDPR, the United Kingdom Data Protection Act 2018, the Privacy and Electronic Communications Regulations, and any regulation superseding any of the foregoing (“UK Privacy Laws”). As per the provisions of the GDPR and UK Privacy Laws we shall be considered the Controllers of the Personal information collected as a result of your use / access of the Platform and Processors of the Personal information collected as a result of your use / access of the Services.

Legal Basis (for EU residents and UK residents): We will not process your Personal Information without a lawful basis to do so. We will process your Personal Information only on the legal bases of consent, contract, or on the basis of our legitimate interests, provided that such interests are not overridden by your privacy rights and interests.

Transfer of your personal information across borders (for EU Residents): The Personal Information we collect (of EU and UK residents) is stored on servers located in the EU region. Personal Information might be processed outside the EU and UK. We collect and transfer Personal Information outside the EU and UK in accordance with the provisions of the GDPR and UK Privacy Laws. If you have questions, please contact legal@timesys.com

Your Rights (For EU and UK Residents):

You have the right to request us:

  1.  to let you know what Personal Information belonging to you,
  2.  we hold in our possession,
  3. withdraw consent at any time where we are relying on consent to process your Personal Information,
  4. right to have us rectify or modify any such Personal Information,
  5. right to have us erase/delete your Personal Information,
  6. right to restrict us from processing such Personal Information,
  7. right to object to our use of your Personal Information,
  8. you have the right to lodge a complaint with a data protection authority. 

UK residents have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. We may need to request specific information from you to help us confirm your identity or also contact you for further information in relation to your request. If you would like to exercise ANY of these rights, please contact legal@timesys.com.

Governing Laws: For any EU and UK residents, this Privacy Policy shall be governed respectively by the provisions of the GDPR and UK Privacy Laws.

12. California Privacy Rights

In addition to disclosures made elsewhere in this Privacy Policy, certain states in the United States of America require us to disclose information related to our privacy practices. This section of our Privacy Policy (“California Privacy Policy”) serves to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”) (collectively, “CCPA”), and any capitalized terms defined in the CCPA have the same meaning when used in this Section.

The CCPA provides consumers with specific rights regarding their Personal Information. This section describes those state-specific rights and explains how to exercise those rights. The section will not apply if we do not collect Personal Information about you or if all of the information we collect is exempt from the law.

The California rights set forth below apply to all visitors, users, and others regardless of place of residence.

i. Right to Know and Data Portability/Right of Access

   Consumers have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the “Right to Know”). 

Once we receive your request and confirm your identity (see Exercising Your Rights), we will disclose to you:

  • The categories of Personal Information we collected about you (disclosed above).
  • The categories of sources of the Personal Information we collected about you (disclosed above).
  • Our business or commercial purpose for collecting, selling, or sharing that Personal Information (disclosed above).
  • The categories of third parties to whom we disclose that Personal Information (disclosed below).
  • The specific pieces of Personal Information we collected about you in a portable and readily usable format when we process the information through automated or searchable means (also called a “data portability” request).

ii. California-Specific Disclosures

While our Privacy Policy notes the categories of Personal Information that we have collected in the past 12 months and the categories of sources, the following chart indicates the categories of third parties to which we have disclosed the Personal Information for a business purpose and which categories of Personal Information that we have shared with third parties for cross-contextual behavioral advertising in the preceding 12 months.

iii. Right to Delete

Consumers have the right to request that we delete any of your Personal Information that you have provided or that we have collected or obtained about you, subject to certain exceptions.

Once we receive your request and confirm your identity (see Exercising Your Rights), we will review your request to see if an exception allowing us to retain the information applies. We will delete from our records or deidentify Personal Information not subject to a lawful exception and will direct our service providers to take similar action.

iv. Right to Correct Inaccurate Information

Consumers have the right to request correction of any inaccurate Personal Information that we maintain about you, taking into account the nature of the Personal Information and the purposes of the Personal Information processing. We will use commercially reasonable efforts to correct this information.

v. Right to Limit

Consumers have the right to request to limit our use of Sensitive Personal Information unless our use of Sensitive Personal Information falls into one of limited business purposes. We do not collect or process Sensitive Personal Information for the purpose of inferring characteristics about a consumer. 

vi. Right to Opt-Out of Sale or Sharing

Consumers have the right to opt-out of certain sales or sharing or the right to opt-in to sales or sharing if the Consumer is a minor or if the information at issue is Sensitive Personal Information. This includes the right to opt-out of Personal Information processing for targeted advertising, personal data sales, or advertising for cross-context behavioral advertising purposes. It also includes the right to opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects. We only engage in cross-context behavioral or targeted advertising through cookies. We do not otherwise sell or share Personal Information for advertising purposes. We also do not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. To opt-out of sharing, we will rely on you to set your preferences regarding cookies and other tracking technology. To set your Cookie Preferences, click on the Cookie Settings link in the footer of your browser. To exercise the right to opt-out, you (or your authorized representative) may also submit a request to us by visiting the following Internet Web page link: Do Not Sell or Share My Personal Information.

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize Personal Information sharing. 

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

vii. Right to Non-Discrimination

We will not discriminate against you for exercising any of your state law privacy rights. Unless permitted by law, we will not:

  • Deny you goods or services.
  • Charge (or suggest you may receive) different prices for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide (or suggest you may receive) a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by state privacy laws that can result in different prices, rates, or quality levels, such as offering coupons, discounts, promotions, other price reductions, or promotional offers for products and services in exchange for providing your Personal Information. Any financial incentive we offer will comply with state privacy laws and will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. Do not provide your Personal Information if you do not want to opt-in to these offers. After you receive a promotional offer, you may opt-out by contacting us as specified. For more information, please see Exercising Your Rights.

13. Links to other websites/applications

Our Website may contain links to other websites/applications of your interest. Please note that we do not have any control over such other websites/applications, and you will be accessing these websites/applications at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites/applications.

14. Choice And Opt-Out

We may send you communications including but not limited to (a) notices about your use of our Website and Offerings, including those concerning violations of use, (b) updates, (c) promotional information regarding our Offerings, and (d) newsletters. You may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt out, at any time, by emailing legal@timesys.com with your specific request.

15. Children’s Privacy

We do not knowingly collect Personal Information from children under the age of 16 years without the prior, verifiable consent of his or her legal representative. If you are a child under the age of 16 years, please do not provide any Personal Information. If the legal representative of the child discovers that the child has provided us with Personal Information, we request the legal representative of the child to contact us legal@timesys.com to have the Personal Information deleted.

16. Limitation Of Liability

To the extent permissible under the law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, information, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of this Privacy Policy.

17. Governing Laws And Disputes

This Privacy Policy will be governed by and construed under the laws of the Commonwealth of Pennsylvania, excluding choice of law provisions. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Policy may be brought against either of the Parties in any of the courts of the Commonwealth of Pennsylvania. Each of the Parties consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein.

18. Changes To This Policy

We may update this Privacy Policy from time to time and you are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it. In case of substantial modifications which materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change through the Website.

19. Contact Us

If you have any questions or concerns or grievances regarding this Privacy Policy, you can reach out to our appointed grievance redressal officer via email at legal@timesys.com.