Privacy & Cookies Policy
Updated: 17 March 2020
Blue Yonder, Inc. and all Blue Yonder Subsidiaries, including but not limited to, Blue Yonder Technology Solutions (UK) Ltd. (for European operations) ("Blue Yonder”, “us,” “we,” or “our”) are committed to protecting your privacy (see https://blueyonder.com/contact-us for further details of these Subsidiaries (including contact information).
This Policy also tells you how you can access and update your Information and describes your data protection rights, including a right to object to some processing that we carry out or where we rely on consent, how to withdraw that consent.
This Policy applies to Information we obtain from or about you in an online and offline context such as when you (i) visit our website at blueyonder.com and other locations where this Policy appears (collectively, our “Sites”) and use the Blue Yonder mobile, cloud and other client applications (our “Applications”), (together, our “Platforms”); (iii) interact with our social media pages and adverts, customer support, online chats or community forums, surveys, webinars or blogs; (iv) participate in our training solutions, or attend our events and demonstrations; or (v) interact with us as vendors, Alliance Partners, resellers, technology partners or other professional advisers. Certain sections may not be applicable to you depending on how you provide your Information to us or interact with us.
We may provide additional information about our privacy practices at other points, for example, when we ask you to provide Information in connection with a particular service, and where this will help us provide more relevant and timely information.
If we need, or are required, to contact you concerning any event that involves your Information we may do so by email, telephone, or mail as appropriate (and in accordance with your communication preferences).
Introduction and Summary.
This policy is intended to inform you about how we collect and use your Information. Although we encourage you to read the entire Policy, the following provides a summary of some of the important aspects of our privacy practices:
- We use your Information primarily to provide you with access to our Platforms and other products, services, and information we offer.
- We combine or link Information that we collect about you from our different interactions with you, both online (e.g. via our Platforms) and offline (e.g. via our events or via calls to customer support).
- We share your Information across the Blue Yonder Subsidiaries in our organization and combine the Information we collect through one Subsidiary with Information collected through other Subsidiaries.
- We share your Information with certain trusted third parties as outlined below.
- We take reasonable and appropriate measures to secure your Information, but we cannot promise, and you should not expect, that your Information will remain secure in all circumstances.
Information Received, Collected, and Obtained by Blue Yonder.
The information we receive, collect, and obtain includes information that is both Personal and Non-Personal. “Personal” information is a broad concept and refers to any information relating to an identified or identifiable living individual. This includes references to obvious identifiers such as name but also non-obvious identifiers such as an identification number or an online identifier such as an IP address or cookie identifier. “Non-Personal” information refers to information that is anonymous whereby you are not or no longer identifiable from that information.
We receive, collect, and obtain the following general types of Personal and Non-Personal information (together, “Information”):
Information Obtained Directly from You.
We collect Information about you directly when you voluntarily provide it to us through the Platforms or other interactions with us such as your name, contact information, gender, preferred language, job title and function, user name and password, billing information and information about your access to and use of the Platforms and your contacts with other users through the Platforms, as well as other Information you may volunteer to us (e.g. event feedback, profile photo, business card).
Information Automatically Collected about You.
We automatically obtain Information about you when you access our Platforms. This includes (i) Information about the devices you use to access the Platforms including your device's IP address, your browser type and version, time zone setting, and operating system and platform; (ii) Information about your visit to our Platforms including the URL clickstream to, through and from our Platforms (including date and time); products and services you have viewed or searched for, your account activity (when logged in); the content (and any ads) you view or interact with, page response times, download errors, length of visits to certain pages and page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. Some of this Information is collected using cookies and related technologies (see Section on Cookies and Related Technologies below for more detail).
Information Obtained from Third Parties.
From time to time (where permitted by applicable law), we collect Information such as contact information, your preferences, and other demographic data from trusted third party sources that are either publicly or commercially available (e.g. business partners, payment and delivery services, event providers, data brokers, social media networks, advertising networks, analytics providers, and search information providers) which will be used for the purposes outlined in this Policy.
We also receive Information you provide to our authorized Resellers and Alliance Partners of our products and services which will be used for the purposes outlined in this Policy.
When you pay for our products and services (e.g. to attend an event or participate in an online training module), we get information from our payment processing service provider who will carry out credit and antifraud checks on you and the payment method you provide in order to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize the purchase.
In order to ensure data accuracy and to offer you a better experience, we link or combine the Information that we collect from the different sources and channels outlined above (e.g. to provide targeted communications and advertising and for the other purposes outlined below). This includes combining Information collected by the different Blue Yonder Subsidiaries.
You do not have to provide Personal Information to access the Platforms but certain functionalities (such as to get access to Customer Support or Training) will not otherwise be available to you. You may however choose whether or not to receive marketing communications from us and we will only send you such communications where we have the appropriate consent to do so. For more information on your preferences regarding how we use your Information for marketing purposes, please see Section on Your Rights and Choices below.
You should not provide Personal Information about anyone else unless you have their permission to do so and they understand how we will use their Personal Information as set out in this Policy.
Collection of Information by Third Parties.
The web sites and services of third parties may be accessible through our Platforms. You may be asked to provide Information through these other sites or services. For example, when you click on a link on a Site or Application. These third parties maintain their own information privacy policies and practices.
This Policy covers only Information received, collected, and obtained by Blue Yonder and does not extend to any third parties (including its authorized Resellers or Alliance Partners. Blue Yonder is not responsible for the policies or practices of any of these third parties). You should review the applicable privacy policies of the applicable third parties before providing them with any Information.
Use of Personal Information by Blue Yonder and our lawful basis for processing.
We process your Personal Information through electronic and manual means for the following purposes:
To fulfill a contract or to take steps at your request linked to a contract. This includes:
- to administer and authorize your access to the Applications, your accounts and other features and functionality of the Platforms;
- to process orders, provide our products and services, and send you service related communications; and
- for customer support purposes including responding to your queries and investigating any complaints about the Platforms and our products and services;
As required to conduct our business and pursue our legitimate interests, in particular:
- to improve and personalize your experience with us and our Platforms and to provide you with tailored content, advertisements and communications both on our Platforms, on our partner websites and offline;
- to operate, support and maintain our Platforms, conduct identity verification, authentication and other fraud prevention or detection activities;
- to send you information you have requested;
- to ask your opinion or to take part in market research or a survey;
- to monitor and improve the performance of our Platforms, analyse trends, usage and activities in connection with our services, and optimize our marketing efforts and measure the effectiveness of our advertising campaigns;
- for our own internal functions such as keeping our Platforms secure, for management, corporate reporting and record keeping purposes, for internal research and analytics, for developing our products and services and improving business efficacies;
- to create aggregate and statistical data (which cannot be used to identify you). For example, aggregate data may include data that describes the general demographics, usage or other characteristics of a Platform's users. We reserve the right to transfer and/or sell aggregate and anonymous data about a Platform's users for lawful purposes.
Where you give us consent:
- Where you ask us to send marketing information via a medium where we need your consent. For more information about how to modify your preferences about marketing communications, please see the Section on Your Rights and Choices below;
- Where you give us consent to place cookies or similar technologies; and
- On other occasions where we ask for your consent, for the purpose we explain at the time.
As required by law
- In response to requests by government or law enforcement authorities conducting an investigation.
Sharing of Personal Information by Blue Yonder.
We share your Personal Information with the following third parties:
- Blue Yonder Subsidiaries. We share your Personal Information with our Blue Yonder Subsidiaries for the purposes outlined above. A list of the relevant Blue Yonder Subsidiaries is set out on https://blueyonder.com/contact-us.
- Alliance Partners and Technology Partners in order for them to provide you with the applicable products and services.
- Service Providers. We share Personal Information with third parties who process Personal Information on our behalf. For example, we use third parties to: (a) maintain and manage our database of Information; (b) to host and maintain our Platforms; (c) assist us with Information collection; (d) provide analysis of our Information; (e) to enhance or overlay our Information with other Information obtained from third parties; (f) to deliver, and provide Information regarding the delivery of, electronic messages; or (g) provide other marketing services to assist us in our business. We require that these third parties agree to use the Information we share with them only to perform their obligations to us and to treat all Information they receive from us in compliance with this Policy.
- Government authorities and law enforcement officials. We share Personal Information with these bodies if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.
In the event that the business is sold or integrated with another business, your Personal Information will be disclosed to our advisers and any prospective purchaser and their advisers and will be passed to the new owners of the business.
You are not required to provide Blue Yonder with any Information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other categories of Information defined as sensitive or special categories of data under applicable data protection laws ("Sensitive Information") in order to use our Platforms and Services. Blue Yonder does not knowingly solicit or collect, and you should not provide to Blue Yonder, any such Sensitive Information, whether through the Platforms or through any other means.
Our Platforms are intended for a general audience and are not directed to children under 13 years of age. Blue Yonder does not knowingly receive, collect, or obtain Personal Information from children under 13 years of age.
Your California Privacy Rights.
Blue Yonder has adopted a policy of allowing you to opt-out of the disclosure of your Personal Information to third parties for their direct marketing purposes and thus falls within this exception. Instructions for opting out can be found in the section below entitled Your Rights and Choices below.
Do Not Track.
Certain web browsers and other devices you may use to access the Platforms may permit you to indicate your preference that you do not wish to be “tracked” online. At this time we do not modify your experience on the Platforms or the Information we collect from you through the Platform based on whether such a preference is indicated.
Cookies and Related Technologies.
We and our third party service providers use “cookies,” “web beacons,” and other automated tracking technology to monitor and collect Information regarding your interaction with the Platforms. “Cookies” include commonly used pieces of information in the form of small files that are placed on an individual's computer or mobile device to allow us to recognize your computer or mobile device. “Web beacons” (also known as “single–pixel” or “clear” GIFs) include electronic images embedded in a Site, Application or email used to pass information from your computer to us.
Disabling/Enabling Cookies: We require your consent for most cookies and tracking technologies that we use on our Platforms. Most browsers will allow you to erase some or all of the cookies from your computer or mobile device, block acceptance of cookies, or receive a warning before a cookie is stored. You may also be able to refuse certain web beacons by adjusting the settings on your browser or email software. Please refer to your browser or email software instructions or help screen to learn more about these functions. To find out more about these technologies, visit: https://www.allaboutcookies.org/manage-cookies/. By rejecting or disabling certain Platform content or functionality
We use the following types of cookies of our Platforms:
Strictly necessary cookies
These cookies are essential for your use of the Platforms and its features, such as accessing secure areas of the Sites. We have to use these cookies to make the Platforms work as they should, whether or not you agree to such cookies being used.
Analytical / Performance cookies
These cookies collect Information about how you use our Platforms and services, in order to enhance your performance and develop them according to the preferences of our customers and visitors. For example, cookies and web beacons may be used to:
- test different designs and to ensure that we maintain a consistent look and feel across our Platforms;
- track and provide trend analysis on how you interact with our Platforms and communications;
- track errors and measure the effectiveness of our promotional campaigns.
The data collected will generally be aggregated to provide trends and usage patterns for business analysis, site/platform improvement and performance metrics. Our cookies or the resulting analysis may be also shared with our business partners. The type of Information we collect includes how many visitors visit our websites, how many customers log in, when they visited, for how long and which areas of our Platforms and services but is generally not used to identify you directly. We also receive similar information about visitors to our partner websites. Blue Yonder will provide you with a list the information of Analytical / Performance cookies used by our sites upon request.
These cookies allow the Platform to remember you in order to provide enhanced customized features (e.g. language preferences). These cookies can also be used to remember changes you have made to the text size, fonts and other parts of the website pages you can customize. The Information these cookies collect may be anonymized and they cannot track your browsing activity on other websites. Blue Yonder will provide you with a list the information about Functionality cookies used by our sites upon request.
Social media cookies
These cookies are used to deliver advertising more relevant to you and your interests both on our Platforms and on our partner websites. We carry out targeted advertising on our existing customer base as well as target other individuals who we think will be interested in our products and services. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They allow us to understand and evaluate clicks on our adverts so that we can improve the service you receive. They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Advertisers and other third parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Blue Yonder will provide you with a list the information about Targeting/ advertising cookies used by our sites upon request.
To opt out of cookies relating to targeted advertising, you can visit www.youronlinechoices.eu. However, this will not opt you out of seeing adverts altogether – opting out simply means the adverts will not be targeted to you. Please note that there are many more networks listed on this site than we use our Platforms.
Your Rights and Choices
Whenever we rely on your consent, you will always be able to withdraw that consent, unless we have another legal ground for processing your Personal Information. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests (and where other laws do not require consent). Further information on the legitimate interests balancing exercise we have undertaken can also be requested by contacting us at firstname.lastname@example.org.
You have an absolute right to opt out of direct marketing (including personalized marketing), at any time. You can opt out of direct marketing by following the unsubscribe function in the communication or you can opt out of direct marketing (including personalized marketing) by contacting email@example.com. Even if you opt of marketing communications from us, please note that you may still be contacted with services related communications (such as account notifications and software upgrades).
While Blue Yonder takes reasonable steps to ensure that the Personal Information we collect is reliable for its intended use, accurate, complete, and current, we rely on you to update and correct your Personal information.
In addition, in some circumstances, you have the right to ask us for a copy of your Personal Information; to correct, delete or restrict (stop any active) processing of your Personal Information; and to obtain the Personal Information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this Personal Information to another controller. In addition, you can object to the processing of your Personal Information in certain circumstances.
These rights may be limited, for example if fulfilling your request would reveal Personal Information about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
To exercise any of these rights, you can get in touch with us by emailing firstname.lastname@example.org. If you have unresolved concerns, you may have the right to complain to the relevant data protection authority in your country of residence or place of the alleged infringement.
Retention of your Personal Information.
Your Personal Information will be retained for as long as necessary to fulfill the purposes outlined in this Policy or to comply with applicable legal requirements. For more information, please contact us using the details set out below.
Notification of Changes.
We reserve the right to make changes to our practices and this Policy at any time. If we change the way we handle your personal information, we will update this Policy and notify you as appropriate.
Blue Yonder is committed to protect and secure your Personal Information. Despite our commitment, no security system can be 100% effective and we cannot guarantee that your Information will be secure in all situations. We will nonetheless take all reasonable and appropriate steps to insure the safety and security of your Personal Information. This includes using at least industry standard security measures to protect the loss, misuse, and unintended alteration of the Personal Information under our control. For example, our policy is that only those individuals who need your Personal Information to perform a specific job for us are granted access to that Personal Information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that we store Personal Information on are kept in a secure environment.
Where Blue Yonder stores and transfers Personal Information.
We are a global business. To provide our products and services, we transfer your Personal Information around the world, including the US, India, Mexico and other countries outside of the European Economic Area and Switzerland which may have different data protection standards to those which apply to your country of residence. Much of your Personal Information is stored and supported on servers and systems in the US and accessed globally by Blue Yonder personnel to the extent necessary for the purposes outlined in this Policy. For a full list of countries where we may access your Personal Information, please click https://blueyonder.com/contact-us. Where Personal Information is transferred outside the EEA and Switzerland, and where this is to a Blue Yonder Subsidiary or vendor in a country that is not subject to an adequacy decision by the EU Commission, your Personal Information is adequately protected by EU Commission approved standard contractual clauses or Swiss standard contractual clauses, an appropriate vendor’s Privacy Shield certification or a vendor's Processor Binding Corporate Rules. You can obtain a copy of the relevant mechanism by contacting us on the contact details set out below.
To exercise any of your rights under applicable data protection laws, please use the contact information referred to at Your Rights and Choices section above. For further information on our privacy policies and practices relating to the handling of Personal Information, contact us at email@example.com or by writing to JDA Software France SA 70, Boulevard de Courcelles, 75017 Paris., for the attention of VP Legal.