Privacy Policy

Overview

This Privacy Policy applies to personal information that we collect through our (“website”) at www.featuremanagement.com when you use or interact with our Services. This Privacy Policy does not apply to third party products or Services that you may choose to integrate with FeatureManagement or Split’s product or Services. You should always review the policies of third party products and services to make sure you are comfortable with the ways in which they collect and use your information. By using or accessing our website in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

Remember that your use of FeatureManagement or Split services is at all times subject to our Terms of Service which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

If you have a disability, you may access this Privacy Policy in an alternative format by contacting privacy@split.io. As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. Upon such changes, we will alert you to any such changes by placing a notice on the website, by sending you an email and/or by some other means. Please note that is you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Policy.

What personal information does FeatureManagement/Split collect?

The personal information that we may collect about you broadly falls into the following categories:

Category of Personal DataExamples of Personal Data We CollectCategories of Third Parties With Whom We Share this Personal Data:
Profile or Contact DataFirst and last name
Email
Phone number
Unique identifiers
Service Providers
Advertising Partners
Analytics Partners
Business Partners
Parties You Authorize, Access or Authenticate
Device/IP DataIP address
Device ID
Type of device/operating system/browser used to access the Services
Service Providers
Advertising Partners
Analytics Partners
Business Partners
Parties You Authorize, Access or Authenticate
Web AnalyticsWeb page interactions
Referring webpage/source through which you accessed the Services
Non-identifiable request IDs
Statistics associated with the interaction between device or browser and the Services
Service Providers
Advertising Partners
Analytics Partners
Business Partners
Parties You Authorize, Access or Authenticate
Social Network DataEmail
Phone number
User name
IP address
Device ID
Service Providers
Advertising Partners
Analytics Partners
Business Partners
Parties You Authorize, Access or Authenticate
Professional or Employment-Related DataResume
Job title
Job history
Performance evaluations
Service Providers
Business Partners
Parties You Authorize, Access or Authenticate
Geolocation DataIP-address-based location information
Points of Presence (POPs) location
Service Providers
Advertising Partners
Analytics Partners
Business Partners
Parties You Authorize, Access or Authenticate
Sensory DataRecordings of your environmentService Providers
Other Identifying Information that You Voluntarily Choose to ProvideIdentifying information in emails or letters you send usService Providers
Advertising Partners
Analytics Partners
Business Partners
Parties You Authorize, Access or Authenticate

A table of personal information that Split/FeatureManagement may collect

Categories of Sources of Personal Data

You

When you provide such information directly to us:
When you use Services and such information is collected automatically:

Administrators

In some cases another user (such as an administrator) may create an account on your behalf and may provide your information, including personal information (most commonly when your company requests that you use our products). We collect Information under the direction of our customers and often have no direct relationship with the individuals whose personal data we process. If you are an employee of one of our customers and would no longer like us to process your information, please contact your employer. If you are providing information (including personal information) about someone else, you must have the authority to act for them and to consent to the collection and use of their personal information as described in this Privacy Policy.

Business Customers

In general, we will use the personal information we collect from you only for the purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your personal information.

Other Third Parties

Information from third party services. From time to time, we may receive personal information about you from third party sources (e.g. sales and marketing database and data enrichment platforms), but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. The types of information we collect from third parties include account and/or contact information and we use the information we receive from these third parties to, including but not limited to, market and sell to you, and/or maintain and improve the accuracy of the records we hold about you, etc.

Disclosure of Personal Information

We may disclose your personal information to the following categories of recipients:

Service Providers

These parties help us provide the Services or perform business functions on our behalf. They include:

Advertising Partners

Analytics Partners

These parties provide analytics on web traffic or usage of the Services. They include:

Business Partners

These parties partner with us in offering various services. They include:

Parties You Authorize, Access or Authenticate

In addition, we may disclose information about you for the following purposes:

We may share any personal data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your personal data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the personal data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

Our Commercial or Business Purposes for Collecting Personal Data

This section describes how we may use your Personal Data:

Providing, Customizing and Improving the Services

Marketing the Services

Corresponding with You

We will not collect additional categories of personal data or use the personal data we collected for materially different, unrelated or incompatible purposes without providing you notice.

Personal Data Use and Processing Grounds (EEA Users)

This section describes our lawful bases for processing your personal data. The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your personal data.

We will only process your personal data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity

We process the following categories of personal data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such personal data will result in your inability to use some or all portions of the Services that require such data.

Legitimate Interest

We process the following categories of personal data when we believe it furthers the legitimate interest of us or third parties:

Examples of these legitimate interests include (as described in more detail above):

In some cases, we process personal data based on the consent you expressly grant to us at the time we collect such data. When we process personal data based on your consent, it will be expressly indicated to you at the point and time of collection.

Other Processing Grounds

From time to time we may also need to process personal data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Tracking Tools, Advertising, and Opt-Out

As mentioned above, the Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work. To explore what Cookie settings are available to you, or to modify your preferences with respect to Cookies, you can access [your Cookie management settings by clicking the Cookbiebot widget in the bottom left corner. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit https://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). More information on the Cookies we collect and ways to opt-out can be found in our Cookie Policy at https://www.split.io/legal/cookie-statement/. Please note that “Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.“

Information about Interest-Based Advertisements

You may see advertisements for our Services on third party websites. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including personal data) may be provided to us or third-parties by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

Data Security

We seek to protect your personal data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of personal data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure. More details about Split’s Security program can be found here. If you have reason to believe that your data or someone else’s data is no longer secure, please contact security@split.io.

In the event of a security breach, we will take necessary measures to ensure the continued safety of data and contact affected parties and relevant regulators within a reasonable amount of time about the scope and scale of the unauthorized disclosure, as required by applicable laws.

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to perform our business or commercial purposes for collecting your Personal Data or to comply with applicable legal, tax or accounting requirements). When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise 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.

For example:

Personal Data of Children

As noted in the Terms of Service, we do not knowingly collect or solicit personal data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any personal data. If we are informed that we have collected personal data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided personal data to us, please contact us at privacy@split.io.

International data transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country.

Specifically, our Website servers are located in the United States and our third party service providers and partners operate around the world but with our data stored in the United States. The Services are hosted and operated in the United States (“U.S.”) through FeatureManagement and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to FeatureManagement in the U.S. and will be hosted on U.S. servers, and you authorize FeatureManagement to transfer, store and process your information to and in the U.S., and possibly other countries. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses. We also participate and comply with the EU-US and Swiss-US Privacy Shield Frameworks. Please see our Privacy Shield Notice below.

Data Privacy Framework Notice

Split complies with the DPF as set forth by the U.S. Department of Commerce. Split 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 all personal data received from the EU in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK-U.S. DPF. Split has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-

U.S. DPF (the EU-U.S. DPF Principles and applicable principles under the UK-U.S. DPF, collectively, the “DPF

Principles”). If there is any conflict between the terms in this Privacy Policy and DPF Principles, the Principles shall govern. To learn more about the DPF program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

The Federal Trade Commission has jurisdiction over Split’s compliance with the DPF. This Privacy Policy describes the types of Personal Data we collect, the purposes for which we collect and use your Personal Data, and the purposes for which we disclose your Personal Data to certain types of third parties in the sections above. Pursuant to the DPF, EU, UK and Swiss individuals have the right to obtain our confirmation of whether we maintain Personal Data relating to you in the U.S. Upon request, we will provide you with access to the Personal Data that we hold about you. You may also correct, amend, or delete the Personal Data we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the U.S. under DPF, should direct their query to privacy@split.io. If requested to remove data, we will respond within a reasonable timeframe. For more information about rights afforded to you, please see the European Union, United Kingdom, and Swiss Data Subject Rights” section of this Privacy Policy.

In addition to any other disclosures described in our Privacy Policy, in certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Split is accountable for Personal Data that it receives in the U.S. under the DPF and subsequently transfers to a third party acting as an agent on our behalf is described in the DPF Principles. In particular, Split remains liable under the DPF Principles if our agents process Personal Data in a manner inconsistent with the DPF Principles, unless Split proves that we are not responsible for the event giving rise to the damage.

In compliance with the DPF, Split commits to resolve DPF Principles-related complaints about our collection and use of your Personal Data. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the DPF should first contact Split at privacy@split.io.

In compliance with the DPF, Split commits to refer unresolved complaints concerning our handling of Personal Data received in reliance on the DPF to JAMS, an alternative dispute resolution provider based in the U.S. 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.If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.   See   Annex   1   of   the DPF Principles, located at https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.

California Resident Rights

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process personal data of our customers’ end users or employees in connection with our provision of certain services to our customers.

If we are processing your personal data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of personal data shall control to the extent of such conflict.

If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@split.io.

Access

You have the right to request certain information about our collection and use of your personal data over the past 12 months. In response, we will provide you with the following information:

If we have disclosed your personal data to any third parties for a business purpose over the past 12 months, we will identify the categories of personal data shared with each category of third party recipient. We do not and have not sold your personal data in the last 12 months.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CPRA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Corrections

You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CPRA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.

Processing of Sensitive Personal Information Opt-Out

Consumers have certain rights over the processing of their sensitive information. However, we do not collect sensitive categories of personal information.

Personal Data Selling/Sharing Opt-Out and Opt-In

Under the CCPA, California residents have certain rights when a business discloses Personal Data for certain purposes such as cross-contextual behavioural advertising, which may constitute a “sale” or “sharing” of Personal Data. We have sold and/or shared the foregoing categories of Personal Data for the purposes of cross-contextual behavioural advertising.

As described in the “Tracking Tools, Advertising and Opt-Out” section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CCPA, selling/sharing your data through third party Cookies for online advertising may be considered “selling” or “sharing” of information. You can opt out of data selling/sharing by following the instructions in this section.

Over the past 12 months, we may have sold/shared the following categories of Personal Data with the categories of third parties listed for the following purposes:

You have the right to opt-out of the sharing of your Personal Data. You can opt-out using the following methods:

Once you have submitted an opt-out request, we will not ask you to reauthorize the selling/sharing of your Personal Data for at least 12 months.

To our knowledge, we do not sell or share the Personal Data of minors under 16 years of age.

Exercising Your Rights under the CCPA

To exercise the rights described in this Privacy Policy, you or, if you are a California resident, your

Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request. We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

If you are a California resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of personal data that we receive from you.

Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of personal data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@split.io.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal data to third parties who intend to license or sell that personal data. You can exercise this right by contacting us at privacy@split.io with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal data as sales are defined in Nevada Revised Statutes Chapter 603A. Please note that we do not and have not sold your personal data.

EU, UK, and Swiss Data Subject Rights

You have the following data protection rights:

Access, correct update or request deletion. If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “How to contact us” heading below.

Object to processing, restrict processing, or request portability. In addition, if you are a resident of the EU, UK, or Switzerlans, 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 contacting us using the contact details provided under the “How to contact us” heading below.

Opt-out. You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “How to contact us” heading below.

Withdraw consent. 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.

Right to complain. 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 European Economic Area 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 laws.

Updates to this Privacy Policy

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

You can see when this Privacy Policy was last updated by checking the “last updated” date displayed at the top of this Privacy Policy.

How to contact us

If you have any questions or concerns about this Privacy Policy, your rights, our use of your personal information, please contact privacy@split.io.

If you are located in the EU, you may use the following information to contact our EU-Based and UK-based Member Representative:

DP-Dock GmbH, Attn: Split Software, Inc., Ballindamm 39, 20095 Hamburg, Germany

UK: DP Data Protection Services UK Ltd., Attn: Split Software, Inc., 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom www.dp-dock.comsplit@gdpr-rep.com