Privacy Policy

Updated November 1^st, 2023

Purpose

Your privacy is important to us. In the regular course of doing business, Fiery acquires information from clients, consumers and third parties. To better protect your privacy, we provide this Privacy Statement to explain how your information is collected, processed, transferred (both online and off-line), stored, disclosed and the choices you have regarding the way your information is shared. To make this Statement easy to find, we make it available via a web link on our homepage.

Scope

The Fiery Privacy Statement applies to all Fiery, LLC. businesses and all of its corporate affiliates, including subsidiaries (referred to collectively in this Privacy Statement as “Fiery”). This Privacy Statement is applicable to all information received by Fiery from its clients, consumers, third parties and any other individuals in electronic or paper format, as part of Fiery’s business operations, including information submitted and collected by, through, or via: (i) a Fiery website which includes a reference to this Privacy Statement on the applicable homepage; (ii) any software owned, developed, sold or marketed by Fiery; or (iii) any products or services offered by Fiery, whether hosted by Fiery or a third party (collectively, the “Channels” or individually, the “Channel”), and to information collected off-line by Fiery. Fiery does not sell or share the Personal Information (defined below) it collects from you with third parties, except as described in this Privacy Statement. This Privacy Statement may be subject to any specific and applicable Fiery affiliate privacy statement and this Privacy Statement may vary as required by local law.

Definitions

“Data Subject” means a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

“Personal Information” means any information that relates to a Data Subject that can be used to identify that individual on its own or in combination with other readily available data.

“Principles” means the Data Privacy Framework principles.

“Processing” means any operation that is performed upon Personal Information.

“Sensitive Personal Information” means Personal Information regarding an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data concerning health, sex life or sexual orientation.

Data Privacy Framework

Fiery, LLC and its affiliates (including CADLink Technology Corp.) complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. Fiery, LLC. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

The Federal Trade Commission has jurisdiction over Fiery, LLC’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF.

Data Collection

There are a number of ways in which Fiery may collect Personal Information from you in the course of doing business. Personal Information may be collected if you provide Personal Information in connection with using a Channel, including ordering a product or service, a webinar registration, Channel forms, faxes, surveys, product registrations, such as registrations associated with the installation of software, use of online tools or programs, responses to mailed materials, subscription to our newsletter and other publications, participation in contests, telephone calls, Channel forums, message boards, and in person, such as at trade shows or other events. Additionally, we may collect your name, address, contact phone numbers and email address in order to make an inquiry. If you are making a purchase online, we will require your credit/debit card information, expiration date, billing address, shipping address and other related information. We may ask for your date of birth to register for online forums. You may provide additional Personal Information that you choose to include in an email that you send to us, via a Channel or through a resume you submit in connection with your interest in working for Fiery; however, we ask that you limit the amount of Personal Information you provide to Fiery in these instances to what is reasonably required. You may also provide certain information, that may include Personal Information, to us, such as the products you are using, your company name, your role with your company, customer asset serial number, account name, support case number, system serial number, log files, and other information in connection with a support request for one of our products, or any other information that you provide to Fiery or we collect during the normal course of doing business. Fiery may collect aggregate information, that may include Personal Information, from the Channels that customers access or visit through the use of cookies, clear GIFs and website logs, as described below.

Cookies: Fiery may collect information through the use of cookies. A cookie is a small file that a website puts on a user’s computer or mobile device. This file identifies specific information about previous visits to the website. The cookie may store the user’s country, language, an assigned random session ID, name and address information or the Internet Protocol(“IP”) address associated with a ’s computer. Fiery may use cookies for a variety of purposes, including without limitation: (i) to track the number of users to a Fiery website over time; (ii) to recognize repeat visits to a Fiery website; (iii) to facilitate online navigation and online shopping; (iv) to track pages visited during a single online session, analyze trends and gather broad demographic information; (v) to adjust the presentation of a Fiery website to make it more effective; (vi) to store user preferences; (vii) to record session information, user-specific information (such as the pages the user accesses or visits) and past activity at a Fiery website; (viii) to alert users to new Channels that we think might be of value; and (ix) to market products and services to users. Fiery may link the non-Personal Information it collects by the use of cookies to specific Personal Information. Some of our partners may use cookies on the Fiery websites. However, we may have no access to or control over those cookies and encourage you to refer to the applicable Cookie Policy of the site that you are visiting. The length of time a cookie will remain on your computer or mobile device depends on whether it is a persistent or session cookie. Session cookies will only remain on your computer or mobile device until you stop browsing. Persistent cookies remain stay on your computer or mobile device until they expire or are deleted.

You can manage your cookie settings via your web browser application which will allow you to block or limit the use of cookies, including clearing or removing cookies. Consult the help menu of your browser application for details. If you block the use of cookies, you may not be able to use some of the features on a Fiery website. For additional information regarding Fiery’s use of cookies, please refer to the applicable Cookie Policy of the site that you are visiting.

Clear GIFs: Clear GIFs are small graphic images (in GIF or other image format) placed on a webpage, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (e.g., only 1-by-1 pixel) and either transparent or the same color as the background of the webpage, document or email message. We do not use clear GIFs to collect Personal Information about you. We may, however, use clear GIFs to capture non-Personal Information, such as statistical usage information for pages, features or other elements on the Channels or through Fiery email messages that are delivered to you. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on the Channels or in our emails.

Website Logs: Fiery may collect information in the form of website logs (collectively “Logs”). These Logs are files that record activity on the Channels and gather statistics about users’ activities, such as how many users have visited the Channels, how often, how many “hits” a particular webpage has received, type and quality of the user’s Internet connection to the Channels, and identification of the user’s hardware and software. The entries comprising the Logs may contain IP addresses, user IDs, and identification of the Internet service provider that provides your connection to the Internet. Generally, we use the Logs to operate and improve the Channels, to identify the popularity of certain features, to assist with internal marketing and demographic studies, and to enable us to assess overall efficiency and activity on the Channels.

Communications Within the Channels: Fiery may collect information that you submit when posting messages through a Channel forum. Any user communications within the Channels, such as on the forums, should not be considered private and such communications may be viewed and saved by others. Fiery is under no obligation to monitor user communications but reserves the right to act on reports of misconduct or abuse of communications privileges. Because communications may be widely viewed and/or heard, we caution users to avoid revealing any Personal Information on the Channel forums.

Purpose for Collection of Personal Information

Fiery may process, collect, and disclose your Personal Information with your consent; however, there are several instances where Fiery can process and disclose your Personal Information without your explicit consent, including the following legal bases:

• The performance of a contract
• Where Fiery has a legitimate interest in processing the Personal Information
• The processing is necessary or legally required, conducted to protect the public interest, to protect your vital interest or to establish, exercise or defend a legal claim
• The processing of Personal Information that has been made public by the data subject
• The processing or transfer is required by law

Fiery processes, collects, and discloses your Personal Information for purposes which may include, but are not limited to, the following:

• Process an order you place for a product or service
• Respond to your questions about a product or service
• Provide technical or customer support for a product or service
• Engage in marketing and sales
• Create and maintain reseller partnerships
• Conduct research and development
• Undertake product development
• To detect and prevent fraud
• To verify your identify

Disclosure of Personal Information to Third Parties

Fiery may share your information, including Personal Information, within Fiery or with any unaffiliated third party, including, for example, our payment processing providers, website analytics companies, and CRM service providers. In addition, Fiery may share such information with its partners, including independent vendors, suppliers, licensors, contractors, distributors, resellers, dealers, OEMs and other parties who have a business relationship or a potential business relationship with Fiery.

Fulfillment of Products and/or Services Provided by or for Fiery: Fiery may retain other companies and individuals to perform certain functions on our behalf. Examples include, but are not limited to: (i) companies that host or help to administer the Channels; (ii) companies that help to process an order for a product, which may include completing the order, obtaining export clearance, or arranging for shipping and handling; (iii) companies that provide payment and billing services; (iv) companies that conduct surveys or assist Fiery in its promotional activities such as contacting you by email or over the telephone; (v) shipping companies that deliver products, third party advertisers or promotional partners who provide a product or service to you; (vi) customer support specialists; (vii) web hosting and Internet service providers; and (viii) data analysis firms. Any such third parties who are involved in these activities are authorized to use the information that is collected by and/or disclosed to them for purposes of fulfilling their contractual obligations to Fiery, fulfilling any obligations owed to you and to the other individuals who access and use the Channels or services, or as otherwise permitted in this Privacy Statement. Fiery requires that any such third parties protect the confidentiality of Personal Information they collect or have access to in the course of their engagement with Fiery.

Marketing Materials: From time to time, Fiery may share your Personal Information with other companies, so that these third parties may provide you with a special offer or promotion that we think you may find valuable. Unless you specifically tell us that you do not want to receive these special offers, we may share your Personal Information. See how you can opt-out below, to tell us that you do not want us to share your Personal Information for these purposes.

Sale or Transfer of Information: In the event of a merger, acquisition, spin-off or other transaction related to Fiery, a Fiery business unit or a portion of Fiery’s assets, Fiery may transfer the information collected from you, including Personal Information, to the surviving party, acquiring party or other party related to the transaction.

Compliance with Law and Fraud Protection: Fiery reserves the right to disclose the information it collects from you if Fiery believes in good faith that such disclosure is necessary to comply with applicable law or a legal process, to avoid liability for Fiery and/or its agents and partners, and/or to protect the rights and property (including intellectual property) of Fiery and others, including Fiery’s agents, partners and customers. Further, Fiery may disclose the information it collects if Fiery suspects that an individual or entity has provided fraudulent or illegal information, has committed an illegal, fraudulent or wrongful act or omission, has attempted to pose as someone else, or has attempted an unauthorized use or access of any computer system or website.

Accountability for Onward Transfers: Fiery will acquire assurances from partners, service providers and third parties to ensure that they apply the same level of safeguards to protect Personal Information consistent with this Privacy Statement. Fiery complies with the Privacy Shield Principles regarding liability for onward transfers.

How You Can Opt-Out

You have choices about how your Personal Information is used by Fiery and shared with third parties. For any commercial emails that you receive from Fiery, you have the option to unsubscribe from those messages by following the instructions in the applicable email. You may also opt-out by sending an email to fiery@fiery.com by including in the subject line of your message, “Remove Fiery”. Please note that if you unsubscribe, but later request to receive commercial emails from Fiery, you will receive these commercial emails and be subject to this Privacy Statement, but will continue to have the right to unsubscribe again if you desire.

If you do not want Fiery to share your Personal Information with third parties so that they may send you information concerning products or services that we believe may be of interest, you may opt-out by sending an email to fiery@fiery.com by including in the subject line of your message, “Remove Third Parties”.

Please note that your opt-out rights only apply as described above. Fiery may still process and disclose your information as described in this Privacy Statement. In addition, if your information already has been shared with a third party, like a Fiery partner, and you no longer wish to receive commercial emails from that party, you must follow the unsubscribe instructions from the applicable third party. Please reference the section titled, Disclosure of Personal Information to Third Parties above for more information.

Our Commitment to Child’s Data

Protecting the privacy of the young is especially important. For that reason, we do not collect or maintain information through the Channels from those we actually know are under 13, and no part of the Channels are structured to attract anyone under 13. If Fiery becomes aware that any person submitting Personal Information to us is under the age of 13, we will delete that Personal Information.

Security

While Fiery cannot guarantee complete security of the information we collect from you, we have implemented technical and organizational measures to aid in the prevention of unauthorized access to, and improper use of, loss, disclosure, alteration or destruction of the information we collect from you and to aid in the accurate maintenance of this information. You should be aware, however, that Fiery has no control over the security of other websites or services on the Internet that you might visit even when a link may appear to direct you to websites and services from Fiery. We want you to feel confident using the Channels; however, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your Personal Information, other communications or content always will remain secure.

Data Integrity and Purpose Limitation

Fiery will use Personal Information only for the purpose in which it was collected from you. Fiery will take steps in place to ensure that the Personal Information is used for its intended use, and is accurate, complete and up to date. Fiery will also ensure that the Personal Information is only stored for the time needed to fulfil its purpose. This obligation does not prevent Fiery from processing Personal Information for longer periods for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research, and statistical analysis. In these cases, such processing is subject to the other Principles and provisions of the Privacy Shield Framework.

Individual Rights

The information that Fiery collects from you may be collected, transferred to, stored and processed in the United States and any other country in which Fiery and its agents and partners maintain facilities.

Where required by law, Fiery will grant individuals access to their Personal Information and/or amend, delete, correct or provide access to their Personal Information if it is inaccurate or being processed in violation of law. If you would like to contact Fiery to make a request please contact us by submitting a request via the methods below:

Online:
EU residents may exercise the right to know, access, or deletion of personal information via the link below:

https://www.fiery.com/privacy/eu-residents

Address:
Fiery, LLC.
Attention: Privacy Manager

6453 Kaiser Drive

Fremont, CA 94555
USA

You may correct factual errors in your Personal Information by sending us a request that credibly shows error. Fiery reserves the right to verify your identity before granting access to Personal Information or making corrections and reserves the right to deny access to anyone who does not confirm their identity to Fiery’s satisfaction.

California Residents

The California Consumer Privacy Act (“CCPA”) provides California residents with the following rights:

• To know what personal information has been collected over the past 12 months
• To access personal information we have collected
• To delete personal information (with exceptions) we have collected
• To not be discriminated against if these privacy rights are exercised

California residents may exercise the right to know, access, or deletion of personal information via the link below:

https://www.fiery.com/us-residents

We are required to verify your request prior to fulfilling it and are committed to fulfilling verified requests within 45 days of the request.

Fiery does not sell any of the Personal Information we collect about you.

US Residents

US residents may exercise their right know, access, or deletion of personal information where it is applicable via the link provided below:

https://www.fiery.com/us-residents

Recourse and Enforcement

In compliance with {the EU-U.S. DPF} {and the UK Extension to the EU-U.S. DPF}, Fiery, LLC. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. {EU} {and UK} individuals with inquiries or complaints regarding our handling of personal data received in reliance on {the EU-U.S. DPF} {and the UK Extension to the EU-U.S. DPF} should first contact Fiery, LLC. at:

Email: privacy@fiery.com

Please enter in the subject line, “Data Subject Request”. Fiery is committed to responding to requests within 45 days.

In compliance with {the EU-U.S. DPF} {and the UK Extension to the EU-U.S. DPF} Fiery, LLC. commits to refer unresolved complaints concerning our handling of personal data received in reliance on {the EU-U.S. DPF} {and the UK Extension to the EU-U.S. DPF} to JAMS an alternative dispute resolution provider based in the United States, the European Union, and the United Kingdom. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-data-privacy-framework for more information or to file a complaint. The services of JAMS are provided at no cost to you.

For further information, about your rights to arbitration please see the Data Privacy Framework website. https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Privacy Statement Updates

Fiery may revise its Privacy Statement from time to time. Please revisit this site on a regular basis to check for any revisions and Fiery’s then-current Privacy Statement. When we post changes to this Privacy Statement, we will revise the updated date at the bottom of this Privacy Statement.