Privacy Policy

Last update: Effective October 25, 2023

Progress Software Corporation, together with its subsidiaries and affiliates, (“Progress”, “we”, “us”, “our” or the “Company”) is committed to protecting the privacy of individuals who visit the Company’s web sites, individuals who register to use our services, and individuals who register to attend the Company’s corporate events. This Privacy Policy (the “Policy”) describes Progress’ privacy practices in relation to the use of the Company’s web sites and the related applications, services, and programs offered by the Company, as well as individuals’ choices regarding use, access and correction of personal information.

IMPORTANT NOTE FOR EUROPEAN USERS AND CUSTOMERS:

Please note that Progress is a US-headquartered company and therefore information covered by this Privacy Policy will be hosted and stored in the United States, which does not have similar data protection laws to the European Union. By providing us with Personal Information, you agree to that information being stored and processed in the United States.

This Policy applies to information practices of our websites that link to this policy, including without limitation www.progress.com, www.ipswitch.com, https://community.progress.com, www.telerik.com, www.chef.io, https://kemptechnologies.com/, https://www.flowmon.com/, https://www.marklogic.com/, as well as all international domains and subdomains and/or any other Progress owned or controlled websites (the “Sites”). Note that the Sites may contain links to other company websites. Please be aware that our privacy policy does not apply to these other websites. Although Progress uses great care to select content for our Sites, including links to websites of third parties, we disclaim any responsibility for content that is found on these other websites. We encourage you to review the privacy statements of the other websites to understand their information.

This Policy provides information about how Progress collects, uses, discloses and protects the personal information (“Personal Information”) we gather when you (i) create or access an account through any of the Sites or use the services, including any applications, free trials or demos that we make available via the Sites, from time to time (the "Services"); (ii) download, install, or otherwise use any Progress software product, including any demos related to such products ("Products"); (iii) subscribe to, access, configure, or otherwise use any Progress hosted or software-as-a-service offering ("SaaS Products") (iv) subscribe to or participate in any newsletter, promotion or competition (v) submit inquiry forms, ask for a price quote, contact sales, schedule a call with engineer, download materials or reports (vi) register for events, webinars (vi) when you interact with chat bot which may be available on some of our websites (vii) when you submit a form to become reseller or distributor. The Sites, Services, Products, and SaaS Products are each referred to herein as a "Progress Property", or, collectively as the “Progress Properties”.

This Policy does not apply to the privacy practices governing the relationship between our customers and their end users when our customers use our Products or SaaS Products to collect and process data. Rather, such usage is governed by our customers’ privacy policies, over which we have no control.

Furthermore, access to and usage of some of our Products or SaaS Products, may entail additional privacy terms, to which you must agree before using the specific Product or SaaS Product.

Information Gathered and Tracked by Progress Software

Progress may collect various types of information from visitors to our website or from phone or email conversations, which are described in more detail below. In some instances, we may combine one type of information with another type of information and store it together in our records. In all cases, however, we strive to limit the amount of information we collect and store to that which is necessary to provide you with the relevant services.

Organizational and Personal Information Collected

Within our Sites, you may be asked to give us personal or organizational information in order to purchase or receive information about a Progress Property. We may collect this information through different methods, including (without limitation):

• Registration Forms. We encourage all visitors to register with Progress, although registration is not required except for access to our premium content areas. The registration forms require users to give us accurate contact information and references to help us better serve you. You will be given specific account information in connection with establishing an account with us and it is your responsibility to keep your account credentials confidential at all times.
• Order Forms and Enrollment Forms. Our order forms securely collect visitor’s contact information and payment information to use for order fulfillment and this information may be shared with our partners or resellers if that is necessary to fulfill your request. During the purchasing process, you may be given the opportunity to sign up for future e-mailings regarding our products, services, and promotions.
• Registration Profile. You may also be given the option of registering a profile with us to store your name, purchase history, and billing information to make it easier for you to shop and purchase products/services from us in the future. You may change/cancel information relating to your profile online at any time.
• Online forums and social networks. Any Personal Information that you choose to submit to one of our online forums, bulletin boards, blogs, recipe pages or social networks may be read, collected, or used by others who visit these community areas. You should carefully consider whether you wish to submit Personal Information to these forums or social networks and should tailor any content you submit appropriately.
• Telephone conversations. With your consent, we may record telephone conversations between you and our sales and technical support representatives for training and quality control purposes. You will be notified at the beginning of any call that may be recorded and given the option to opt-out. Recorded calls will be stored securely and deleted when no longer required for the purpose they were recorded.
• Package Registry: if your use of our Products includes the publishing of packages in a package registry, the name and email address of the developer is saved and may be shared on the Sites.

The Personal Information collected by Progress Software may include, but is not necessarily limited to:

• Contact information (such as your name, title, e-mail address, postal address, and telephone number);
• Transactional information, including delivery details, including billing and delivery address where applicable;
• User preferences;
• IP address;
• Financial/credit card and payment information (please see the “Third Party Payment Processor” section for more information);
• Demographic information and geographic or geo-location information; and
• Additional information as needed for our business and customer service purposes.

Where applicable, if you choose to access, or log in to, any Progress Software Website using your Google, Facebook, Yahoo, or other accounts accepted by the applicable Progress Software Websites, the third-party site may share with us certain Personal Information.

Sensitive Information

We ask that you not send or otherwise share with us any sensitive Personal Information, which includes but is not limited to your government-issued ID numbers (e.g., Social Security Number or driver’s license number), racial or ethnic information, political or religious opinions, or your health information.

In some cases, end users of our customers may need to provide Sensitive Personal Information to our customer in order to make use of an application that uses our Product or SaaS Product and that Sensitive Personal Information may be stored or processed by us as a result. We process such Sensitive Personal Information in the role of a processor on behalf of a customer (and/or its affiliates) who is the responsible controller of the Sensitive Personal Information concerned. If your data has been submitted to us by or on behalf of a Progress customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer’s data upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of the Progress customer that submitted your data to us. We will refer your request to that customer and will support them as needed in responding to your request within a reasonable timeframe.

Notwithstanding the above, if we ever need to handle Sensitive Personal Information about you, we will ask your consent to do so. Once given, such consent may be withdrawn at any time. We will not handle any Sensitive Personal Information that we are not permitted by you to handle, or that you have not provided us with. Any Personal Information about you that we handle will only be accessible by those Progress personnel who have a reason to do so.

Progress Software Cookies & Analytics

Please review our Cookie Policy to learn more about our use of cookies.

Do Not Track Signals

Without a common industry or legal standard for interpreting Do Not Track (DNT) signals, Progress Software does not respond to browser DNT signals. We will continue to monitor further development of a DNT standard by the privacy community and industry.

How Progress Software Uses and Shares Information

Progress Software does not sell, lease or rent the Personal Information you share with us to third-parties. However, the information you provide may be used by us or shared with third-parties for any of the following purposes (and please note that not all the uses listed below may be relevant to you):

With your consent (when required), we may use and share the Personal Information we collect to: provide, support and improve the Progress Properties; deliver correspondence, communications, or services, such as newsletters, events, training, or software that you request or purchase; process orders; confirm licensing compliance; solicit your feedback; and inform you about the Company and the products and services of our distributors, resellers and promotional partners.

Product-specific data collection and usage information is available in the applicable End User License Agreement and product documentation.

Also, we may use your Personal Information as described below.

• We may, from time to time, share Personal Information and other information with other companies who may provide you information about the products and services they offer.
• We may analyze your Personal Information and other information in aggregate form which does not identify you personally. We may share this aggregate data with our affiliates, agents, advertisers, manufacturers, business partners, and to current and prospective business partners and to other third-parties for other lawful purposes.
• We may share, disclose, or provide your Personal Information to third parties: (i) when attempting to collect a payment or debt; (ii) when required to combat fraud or to protect our interests; (iii) to enforce our Privacy Policy, our Terms of Use, or any terms of service or end user license agreement of Progress; (iv) when required to do so by law or in response to legal process or lawful requests, including from law enforcement or government agencies; (v) within and among our affiliates and subsidiaries; or (vi) as part of a merger, sale of our business or assets, or dissolution.
• We may employ other companies and individuals to perform functions on our behalf. Examples may include providing hosting and network services, information technology support, and customer service. These other companies will have access to the Personal Information we collect only as necessary to perform their functions and to the extent permitted by law.
• Progress may retain, aggregate, use, and resell any non-personal information (including other information) collected in connection with any use of the Sites or our products and services both during your use of the same and after such use has ended.
• From time to time, we may conduct surveys regarding the website or other products or services. The information you provide is used collectively for analytical and/or research purposes. You will not receive unsolicited communications as a result of your participation in a survey if you notify us not to contact you.

Also, as you browse our Sites, our web servers collect non-personal information about your visit for the operation and improvement of the Progress Properties, to track Site trends and statistics, and to prevent Product license abuse. Via server logs, we monitor statistics such as the number of visitors to our Sites, which pages on the Sites that people visit most often and from which domains visitors come to the Sites. While we gather this type of information, none of it is associated with you as an individual. We use these statistics to improve our Sites, monitor their performance, and to make it easier for you and other visitors to use them.

Artificial Intelligence (AI)

If you are using an AI powered add on or integration with the Progress Software products that expressly allow such use/integration, you are subject to the terms and conditions of use for your own account with the third-party AI provider and the AI provider`s applicable privacy notices. We encourage you to check your data sharing, privacy settings and the AI provider`s privacy practices before enabling any AI powered add on or integration.

If you are interacting with an AI assistant which is marked as such on any of our web resources or portals, you will interact with a chatbot powered by a third-party AI service provider and you are subject to the privacy policy linked to it. Such AI assistant may allow you to ask questions by sending a text to which the AI assistant may provide you a response, for example related to the documentation of a particular product, if available.

In all cases be advised that AI generated responses and content may contain inaccuracies and/or omissions and you must ensure appropriate measures are in place when interacting with AI for example a human review.

When you interact with chatbots on any of our web resources or portals including those with embedded AI features, we may monitor and keep a history of the chat to debug, analyze and/or improve the feature, to prevent abuse and malfunction and for other similar purposes. Some limited data such as user ID can be shared with the AI third party provider for the same purposes. Please do not submit any personal or confidential information when using chatbots including those with AI features.

While processing personal data is not the intent of any Progress Software product integrations with third-party AI services or interaction with AI powered chatbots, Progress Software has no control over users who willingly input personal data as part of their usage.

Location-specific Privacy Information

If you are located in the EEA or the UK, you may submit a request relating to your own personal data collected by Progress (including without limitation, a request to access and/or delete your personal data) by visiting our Data Subject Access Request Page.

If you are a resident of Brazil, Personal information, as described in this Policy, is collected, stored, used and/or processed in accordance with Brazilian Law No. 13,709/2018, as amended (LGPD). LGPD gives you certain rights to request information about our processing of your personal data and the right to ask that we delete your personal data. To exercise your rights, please visit our Data Subject Access Request Page.

You also have the right to lodge a complaint with the competent data protection supervisory authority in your country. If you believe we have processed your personal information in a manner which infringes your privacy rights, we encourage you initially to contact us as specified “Contact Us” section below or by submitting request via our Data Subject Access Request Page.

If you are a resident of United States, including the State of California, please refer to our California Resident Privacy Notice

Informed Consent to Data Collection and Processing

Progress will rely on current and prospective customers to determine what information they would like to receive about our products, services and partners and will inform all visitors to our websites of their rights regarding information collection and tracking and provide the ability for an individual to amend their selections in the future.

Legitimate interest to Data Collection and Processing

To the extent permitted by the applicable law we may rely on legitimate interest or the so called “soft opt-in” to process personal data for some operations such as improving our business and marketing practices or sending communications to current customers who subscribed for services or prospective who enroll for free trials, demo to provide information about the product of interest or similar for a limited period of time where the option to object against such processing (i.e., to opt out) is always available. We may also rely on legitimate interest to ensure network, information security, and business performance improvement.

Controlling Your Communication Preferences

Our Sites provide users with the opportunity to control what communications they receive from us. You can go to the Progress Preference Center at any time to change your communication preferences, including unsubscribing to the various communication offerings at any time. However, some non-marketing communications are not subject to general opt-out, such as communications related to product download, sales transactions, software updates and other support related information, patches and fixes, conferences or events for which you have registered, and disclosures to comply with legal requirements. If you are receiving communications from one of our partners, you should follow the partner’s process for opting out of communications from them.

Events

From time to time, we organize events and other similar activities which may be photographed as may be indicated at the venue with appropriate signage. Some of the most prominent photos may be posted on our corporate profiles on the social networks and/or corporate intranet portal to enhance visibility and the inspiring outcomes of the event. You are always entitled to request erasure of the photo and/or the post. However, we are not able to control whether the attendees take or post photos or videos in a personal context and take no responsibility for such actions.

Third Party Payment Processor

We use third-party service providers (“Payment Processors”) to manage credit card processing. Under our agreement with service providers, they are not permitted to store, retain, or use your Personal Information or your billing information except for the sole purpose of credit card processing on our behalf. In certain cases, we may have access to the last four digits of your credit card number, its expiration date, and the billing address, which we will use solely to assist us in providing the product or service you purchased. In addition, we and our service providers may use any information processed pursuant to this section at an aggregate level for internal business analyses and fraud prevention.

Communications on the Sites

Any Personal Information or other content that you choose to submit in any forum on the Sites may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. We are not responsible for the Personal Information or other content that you choose to submit in these forums.

Any content or Personal Information you publish on the Sites may also appear in search engine results (such as Google, Yahoo!, and Bing), in the cache of those search engines, in feeds, and on third-party sites pursuant to cobranding agreements. We have no control over updating and/or removal of such content or Personal Information, which is the sole responsibility of the search engines, third-party sites, and RSS web feed resources. You agree and acknowledge that we are not liable for the information published in search results or by any third-party site that carries any content or Personal Information you publish on the Sites. We strongly discourage your posting any content or Personal Information that you do not want others to see or use.

We do not and cannot review all communications and materials posted to or created by users that visit the Sites or use the Services. However, we reserve the right to block or remove communications, content, Personal Information, or other submissions to the Sites, for any reason, in our sole and absolute discretion.

Our Security Practices

Progress employs industry standard security measures to ensure the security of information. However, the security of information transmitted through the Internet can never be guaranteed. Progress is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of information. Users of our Sites are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of any of our websites. To protect you and your information, Progress may suspend your use of a website, without notice, pending an investigation, if any breach of security is suspected. Access to and use of password protected and/or secure area of any Progress Software site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the Information we collect online. These safeguards vary based on the sensitivity of the information that we collect and store. We also use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

Service Providers

We use third-parties to assist us with providing you with a variety of services while using the Progress Properties. When you subscribe to receive any of these services, we will share your Personal Information only as necessary with the third-party solely for the purpose of providing that service. In addition, we may use specialized third-parties for our subscription billing platform.

These companies may use your information to help Progress Software communicate with you about offers from Progress Software and our partners. These companies do not have any independent right to share this information. We will obtain your initial consent prior to sharing your personal information. If you would like to opt out of having your information shared with these third parties in the future, you may Contact Us, but please note that opting out may preclude you from licensing certain products due to our point of sale processes.

Commitment to Children’s Online Privacy

Progress Software Websites are not directed at children. Progress Software does not knowingly accept online Personal Information from children under the age of 18. If you are under 18 or otherwise would be required to have parent or guardian consent to share information with Progress Software, you should not share any information about yourself. If we become aware that we have collected personal information from a child, we will promptly delete the information from our records. If you believe that a child under the age of 18 may have provided us with personal information, please contact us as it is indicated below.

If you are customer who is covered by any of the children and/or student privacy laws and you believe that the usage of some of our products may result in processing or disclosure of children or student data to us, you need to notify us in writing prior your subscription and to obtain the parental consents to the extent required by the applicable laws.

Cross Border Transfers of Your Personal information

We are a corporation with operations worldwide and have developed global data practices designed to ensure your Personal Information is appropriately protected. Please note that your Personal Information may be transferred, accessed and stored globally as necessary for the uses stated above in accordance with this policy.

Because Progress Software is headquartered in the United States, we may have a need to transfer information collected from our non-U.S. customers to the U.S. We may also have a need to transfer our customer information (regardless of where you live) to other countries or places in which we or our agents/contractors maintain offices or facilities.

Privacy Shield

On July 16, 2020, the Court of Justice of the European Union (CJEU) decision in Case C-311/18 (“Schrems II”) invalidated Privacy Shield as a transfer mechanism for data between EU and US companies. Progress will therefore rely on alternative safeguards for the transfer of EU Personal Information moving forward.

Progress commits to cooperate with any applicable EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and to comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.

Intercompany Agreements and Standard Contractual Clauses

Progress has intercompany agreements in place between our US legal entity and each of our European subsidiary companies which incorporate the European Commission approved Standard Contractual Clauses for the Transfer of Personal Data to processors located outside the EEA (“SCCs”).

Where we transfer personal information from the EU or the UK to the US, or other countries without a current EU adequacy decision, we rely on the SCCs as a safeguard for those transfers. The SCCs are incorporated into Progress’ Data Processing Addendum, which customers and partners are encouraged to execute and return to Progress in accordance with the instructions in that document.

Correcting and Updating Your Personal Information

Progress may retain your information for a period of time consistent with the original purpose of collection. For instance, we may retain your information during the time in which you have an account to use our Sites or Services and for a reasonable period of time afterward. We also may retain your information during the period of time needed for Progress to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

You may request to review, correct, delete or otherwise modify any of the personal information that you have previously provided to us through the Progress Properties. If you have registered for an account with Progress, you may generally update your user settings, profile, organization’s settings or event registration by logging into the applicable Site or Service with your username and password and editing your settings or profile. To update your billing information, discontinue your account, and/or request return or deletion of your Personal Information associated with your account, please contact your account representative or the customer service team for the applicable Service. For other requests to access, correct, modify or delete your Personal Information, please review the “Contact Us” section below. Requests to access, change, or delete your information will be addressed within a reasonable timeframe. If you are an employee of a Progress customer, you may also wish to contact your company’s system administrator for assistance in correcting or updating your information.

Changes to Policy

Progress will occasionally update this Policy. When we do, we will post a prominent notice in this section of this policy notifying users when it is updated. For material changes (i.e., substantially new practices you wouldn’t expect from us or that we didn’t previously tell you about), we may decide to give you notice via email, in which case you will have a choice as to whether we use your Personal Information in this different manner. We reserve the right to make changes to our practices and this Policy at any time, provided that we follow the procedures above.

If Progress goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information collected through our website(s) may be among the assets transferred. A prominent notice will appear on our website(s) for 30 days after any such change in ownership or control of your personal information.

This Policy revises and supersedes the previous versions dated July 1, 2023, May 31, 2022, May 12, 2021, September 23, 2020, August 12, 2019, December 10, 2018, May 3, 2016, March 16, 2016, August 1, 2014, and November 15, 2011. This Policy also replaces the Data RPM, Kinvey, Ipswitch, Chef, Telerik, Kemp Technologies, MarkLogic, Semaphore and Flowmon privacy policies.