Privacy Notice

This Privacy Notice (“Privacy Notice”) describes our privacy practices in relation to the use of Montgomery & Associates websites (including any customer portal or interactive website), our software, services, and related applications and programs, including corporate events and research and marketing activities, offered by Montgomery & Associates (the “Services” or “Sites”). This Privacy Notice also describes how we collect, access, use, disclose, correct, and otherwise process Personal Data to provide our Services and to generally operate our business.

Montgomery & Associates is committed to protecting your information that you share with us (“Personal Data”). This includes our customers and visitors of the Montgomery & Associates website(s), our business partners, and individuals who register to use our products and services or to attend corporate events (“Customers”).

Montgomery & Associates Services include IT management and monitoring solutions such as network services, systems and database management, security solutions, applications, and infrastructure monitoring. This Privacy Notice does not apply to information collected about Montgomery & Associates employees, applicants, or other personnel.

Customer Data

As a provider of Services, we may receive, process, or store certain information including Personal Data on behalf of our Customers (“Customer Data”). Such information is owned and controlled by our Customers. Customer Data may include information from the end points and other systems, tools or devices that Customers manage or monitor using our Services, and end user data related to activities on the relevant networks and systems. It may also include event logs, end user information (such as IP address, email address, and computer name), and other Personal Data where relevant. As a data processor of the Customer Data, Montgomery & Associates processes the Customer Data pursuant to the instructions from our Customers.

Third-Party Links

Montgomery & Associates Sites may contain links to other websites, and information practices and/or the content related thereto shall be governed by the privacy notices of such other websites. Montgomery & Associates accepts no responsibility arising from or regarding such third-party websites.

What Information We Collect about You

Montgomery & Associates collects information as part of its normal business operations and in the administration of Customer relationships, which may include Personal Data.

Business Contact and Customer Relationship Management

We collect and maintain information about our Customers, which may include company name, business contact name, title, phone number, email, and other contact details. We may also collect billing address, financial account, credit card information, order details, subscription and license information, and usage details. In addition, we collect user credentials and profile data (name, contact, authorized users).

Data Submitted on Sites

In order to enjoy the full functionality of the Sites or to conduct business with us, you may be prompted to provide certain Personal Data to us:

• by filling in forms (for example, a “Contact Us” form) on our Sites, at a trade show, or anywhere else we conduct business;
• by downloading documentation from our Sites;
• by subscribing to newsletters or other communications; or
• by corresponding with us by phone, e-mail or otherwise using our contact details.

Typically, the Personal Data includes name, business affiliation, business address, telephone number, email address, and any other personal details provided or required to resolve inquiries or complaints.

Customer Support and Service

When Customers contact us for support or other customer service requests, we maintain support tickets and other records related to the requests. We may also acquire call recordings related to support and customer service.

Usage Details

We collect information about Customers’ usage of our Services, including IP address, Customer ID, email address, and other usage statistics. We do not collect usage details about Customer end users, except as necessary to provide and support the Services requested by Customers.

When you visit our Sites, our server automatically collects certain browser- or device-generated information, which may in some cases constitute Personal Data, including but not limited to:

• your domain;
• your IP address;
• the date, time, and duration of your visit;
• your browser type;
• your operating system;
• your page visits;
• information from third parties;
• other information about your computer or device; or
• Internet traffic.

Third Parties

We may also obtain Personal Data about Customers from third parties unless prohibited by applicable law, including third parties from whom we have purchased Personal Data, public databases, resellers, channel partners, and marketing partners. We may combine this information with Personal Data provided by you. This helps us to update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you.

De-identified Data

We may de-identify and aggregate certain data we collect such that the data no longer identifies or can be linked to a particular customer or an individual data subject (“De-identified Data”), subject to the terms of any applicable customer agreements. We may use this De-Identified Data to improve our Services, analyze trends, publish market research, and for other marketing, research, or statistical purposes, and may disclose such data to third parties for these specific purposes.

Other Data

Montgomery & Associates collects, uses, and maintains certain data related to its business and the Services it provides to Customers, which is not Personal Data; this Privacy Notice does not restrict our use and processing of such data.

Use of Personal Data

The following describes our purposes for using Personal Data that we process as a data controller. Additional details on how we process your Personal Data may be provided to you in a separate notice or contract.

Our processing (i.e., use) of your Personal Data is justified on the following legal bases:

• Performance of Contract: the processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
• Compliance with Law: the processing is necessary for us to comply with a relevant legal obligation (for example, laws which require us to collect tax information from customers, carry out checks on customers, or which compel us to disclose information to public authorities or regulators);
• Our Legitimate Interests: the processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities, such as developing and maintaining relationships with our customers (the majority of the processing covered by this Privacy Notice is legitimate interest based);*
• Defend Our Rights: where the processing is necessary to the establishment, exercise or defense of legal claims; or
• With Your Consent: you have consented to the processing (for example, where we are required by local law to rely upon your prior consent for the purposes of direct marketing).

*In all cases where legitimate interest is relied upon as a lawful basis, we take steps to ensure that our legitimate interests are not outweighed by any prejudice to your rights and freedoms. This is achieved in the following ways:

• Application of principles of data minimization and security
• Collecting Personal Data solely where it is relevant to the lawful business activities and reasonably necessary.

How We Share Your Personal Data

Montgomery & Associates may share Personal Data with our affiliated businesses as part of our business operations and administration of the Services. We may also appoint third-party service providers who will operate under our instructions to assist us in providing information, products, or services to you, in conducting and managing our business, or in managing and improving our Services or the Sites. Montgomery & Associates may share your Personal Data with these affiliates and third parties to perform services on our behalf, subject to appropriate contractual restrictions and security measures.

Montgomery & Associates reserves the right to share information that is not deemed Personal Data or subject to contractual restrictions. Additionally, some Sites may use framing techniques to serve content from our third-party partners, while preserving the look and feel of our Sites; please be aware that you are providing your Personal Data to these third parties, not to Montgomery & Associates.

Additional Disclosures. Montgomery & Associates may also share your Personal Data if we believe it is reasonably necessary to prevent harm or loss or pursuant to your consent. In accordance with our legal obligations, we may also transfer Customer Data to relevant authorities for law enforcement or security purposes. We may also disclose Customer Data (including any Personal Data), if required by law.

Business Transfers. Montgomery & Associates may disclose Personal Data in connection with or during the negotiation of any merger or sale of company assets, financing, acquisition, dissolution, corporate reorganization, or similar event. We will inform any buyer that your Personal Data shall only be used in accordance with this Privacy Notice.

Just-in-Time Disclosures. Additional disclosures or information about processing of Personal Data related to specific websites, mobile applications, products, services, or programs may be provided to you. These may supplement and/or clarify Montgomery & Associates’ privacy practices in specific circumstances and provide you with additional choices as to how Montgomery & Associates may process your Personal Data.

Children

The Sites, Services, and portal are not for use by children under the age of 16 years, and Montgomery & Associates does not knowingly collect, store, share, or use the Personal Data of children under 16 years. If you are under the age of 16 years, please do not provide any Personal Data to Montgomery & Associates, even if prompted to do so. If you are under the age of 16 years and you have provided Personal Data, please ask your parent(s) or guardian(s) to notify Montgomery & Associates, and we will delete all such Personal Data.

Marketing

Where lawful to do so, and subject to your consent where required, we may communicate with Customers (and related business contacts) about our Services. If you wish to unsubscribe from receiving marketing communications, please contact us at [email protected] or use the unsubscribe link in our promotional emails to request the cessation of these communications.

Security

Montgomery & Associates maintains and requires its service providers to maintain appropriate organizational and technical measures designed to protect the security and confidentiality of Personal Data we process. Various measures that Montgomery & Associates utilizes are further described in its Security Statement. However, no environment or security procedures or protocols are ever guaranteed to be 100% secure or error free. Accordingly, we cannot be held responsible for unauthorized or unintended access that is beyond our control. We encourage you to take care when disclosing Personal Data online and use readily available tools and security measures to protect yourself online.

Retention of Your Personal Data

We apply a general rule of keeping Personal Data for as long as it is required to fulfill the purposes for which it was collected. In some circumstances, however, we may retain Personal Data for other periods of time, including where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity capable of making this request.

In specific circumstances, we may also retain your Personal Data for longer periods of time, which may correspond to a statute of limitations, so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

External Links

The Sites may contain links to third-party sites. Since Montgomery & Associates neither controls nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third-party sites. This Privacy Notice applies solely to Personal Data collected by our Sites or in the course of our business activities.

California Consumer Privacy Act (CCPA)

Since Montgomery & Associates provides services to other businesses, we may collect and process Customer Data on behalf of our business customers that includes Personal Data about California residents; in doing so, Montgomery & Associates is a service provider under the CCPA. As a service provider, we will collect and process Customer Data on behalf of a customer in order to provide the services for which that customer has engaged us, in accordance with our contract with such customer.

Changes to Our Privacy Notice

Montgomery & Associates will review and update this Privacy Notice periodically to respond to changing legal, technical, and business developments. We will note the date of its most recent revision herein. Please review this Privacy Notice frequently to be informed of your rights and how Montgomery & Associates is protecting your Personal Data.

Contact Information

If you have any questions related to this Privacy Notice, please contact us at [email protected].