IMPORTANT: BY USING HUD TECHNOLOGY INC. AND ITS AFFILIATES (COLLECTIVELY, "COMPANY" OR "WE") WEBSITE AT HUD.IO AND/OR COMPANY'S PROPRIETARY SOLUTIONS (COLLECTIVELY, THE "SERVICES") YOU ("YOU") ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND THAT ALL PERSONALLY IDENTIFIABLE INFORMATION ("PII") THAT YOU SUBMIT OR THAT IS PROCESSED, USED OR COLLECTED THROUGH THE SERVICES MAY BE PROCESSED BY THE COMPANY AND ITS AFFILIATES IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY.

WE DEFINE “PII” TO MEAN ANY INFORMATION RELATING TO AN IDENTIFIED OR IDENTIFIABLE NATURAL PERSON; AN IDENTIFIABLE NATURAL PERSON IS ONE WHO CAN BE IDENTIFIED, DIRECTLY OR INDIRECTLY, IN PARTICULAR BY REFERENCE TO AN IDENTIFIER SUCH AS A NAME, AN IDENTIFICATION NUMBER, LOCATION DATA, AN ONLINE IDENTIFIER OR TO ONE OR MORE FACTORS SPECIFIC TO THE PHYSICAL, PHYSIOLOGICAL, GENETIC, MENTAL, ECONOMIC, CULTURAL OR SOCIAL IDENTITY OF THAT NATURAL PERSON.

YOU ARE NOT LEGALLY REQUIRED TO PROVIDE US WITH PII, HOWEVER, SOME OF THE SERVICES REQUIRE YOU TO DO SO PURSUANT TO THIS PRIVACY POLICY. IN THESE CASES, IF YOU CHOOSE TO WITHHOLD ANY PII REQUESTED BY US, IT MAY NOT BE POSSIBLE FOR YOU TO ACCESS CERTAIN SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.

We recognize that privacy is important. This Privacy Policy applies to all of the services, information, tools, features and functionality available on the Services offered by the Company or its subsidiaries or affiliated companies and covers how PII that the Company collects and receives, including in respect of any use of the Services, is treated. If you have any questions about this Privacy Policy, please feel free to contact us at: privacy@hud.io. Please note that when we process PII on behalf of our customer about their employees, Company is a data processor (a service provider), while the customer serves as the data controller for that information.

Summary

About Hud. Hud is a software platform that analyzes production runtime behavior, and combines it with Git data to provide insights to your engineers and other employees attempting to build better and higher quality code, aiming to: detect production issues early and point at the code segments that are likely to cause them, and to provide overall health and cost visibility to the production environment. Naturally, in order for your employees to identify and log into our services and see insights about the your code, we will need to know certain data about your employees such as their emails and Git handles. Most of the data collected by Hud is metric, event-based and signature-based, i.e. different levels of granularity of metadata. However, you may configure different levels of verbosity, for example by asking to receive raw parametric data from function invocations. In those cases, if you choose to use such high verbosity configurations, you must make sure not to send parameters that include PII to us. If you believe you accidentally sent us PII, please contact us at: privacy@hud.io.

PII We Collect. In order to provide and improve our Services, we may collect information you provide and other information as detailed below. We also collect PII you provide, provided through third parties, automatically collected through your use of the Services, all as detailed below.

How We Use Your PII. We use your PII for purposes such as providing you with, improving and operating our Services, to learn how to adjust and personalize your use of the Services, to understand the usage trends and preferences of our users, in order to protect the Services from threatening activities and for potential recruitment activities. Specifically, we use advanced technology aiming to identify the right stakeholders to attempt to address issues discovered in production or other environments.

Cookies and Web Beacons. Web beacons, tags and scripts may be used on our Services. These assist us in delivering cookies, counting visits to our Services, understanding usage effectiveness. You can disable cookies but then your online experience on our Services might be limited or disabled.

Links. The Services may contain links to other services, sites and applications that are subject to their own privacy and data protection policies.

Children. We do not intend to collect PII from anyone we know to be under 16 years old. If you believe that we might have collected such information, please contact us.

PII Sharing. We grant access to your PII to our affiliates, agent representatives, and third party providers. In addition, we may share your PII if required for the provision, maintenance and improvement of the Services; to satisfy applicable law; when permitted by you; to prevent fraud or harm; or in the event of a merger, acquisition or other structural change or form of sale of part or all of our assets.

PII Security. We follow generally accepted industry standards to protect against unauthorized access, alteration, disclosure or destruction of your PII, however we cannot guarantee its absolute security. We keep your PII only for as long as reasonably necessary to fulfill a legitimate business need or to comply with any applicable legal or ethical reporting or document retention requirements.

Data Integrity. We process PII only for the purposes for which it was collected and take reasonable steps to ensure that the PII we process is accurate, complete and current. However, we depend on you to rectify your PII when necessary.

Your Rights. At any time, you may contact us and request to exercise your rights in accordance with applicable law. For more details see Section 8 below.

Enforcement. We will cooperate with the appropriate regulatory authorities to resolve any formal written complaints regarding processing of PII that cannot be resolved between us and the complaining individual.

International Transferring of PII. Your PII may be stored and processed in a country outside the country of your residence or from which you access the Services. We may offer the option to host your PII and other data in a specific region you can choose (as part of an enterprise tier) to the extent available, if you are interested in such an option please contact us at: privacy@hud.io.

Your California Privacy Rights and Do Not Track Notices. If you are a California resident you may contact us and request information regarding your PII disclosed to third parties for their direct marketing purposes. For purposes of the California Consumer Privacy Act (as amended) (“CCPA”) and other privacy laws, the Company does not “sell” or “share” personal information, nor do we allow any personal information to be used by third parties for their own marketing purposes (except where you explicitly requested or provided consent for us to do so). However, we use analytics tools such as Google Analytics, as well as other tracking technologies (as described above), which may be construed as a “sale” under CCPA to which you may opt-out of. We do not respond to Do Not Track signals.

1. Information We Collect and How Use It. In order to provide and improve our Services, for product development, to learn how to adjust and personalize your use of the Services, to understand the usage trends and preferences of our users, for marketing and customer relations purposes, in order to protect the Services from threatening activities, or for our business purposes, we may collect and process PII, including the following types of information:

Processing which is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract (GDPR Article 6(1)(b)) OR Processing which is necessary for compliance with a legal obligation to which Company is subject (GDPR Article 6(1)(c)):

1.1. Information You Provide. For some of the features of the Services we ask you to provide PII, including: your employees details such as full name, phone number, email address; GitHub identity and contribution history; PII inadvertently included in parametric data as set forth below.

1.2. Third Parties. We sometimes supplement the information that you provide with information that is received from third parties. If you interact with any social media or other third party plug-in in the Services (such as a "share" on LinkedIn) we may receive information from the respective platforms.

1.3. Verbose Logs and Parametric Data. The Services might include as an optional feature in respect of verbose logs and parametric data, in which case, you should ensure that no PII is transferred in connection therewith. However, if you nevertheless incidentally provide PII in this respect, any inadvertent processing of PII shall be governed by this Privacy Policy.

1.4. IDE Related Behavior. The Services might include an IDE extension and related local executables. Once a user identifies to the extension (by logging in), the extension sends telemetry to Company’s servers related to technical details of the environment as well as technical user behavior related to the code, e.g. which code files are being viewed or edited by that specific user.

Processing which is necessary for the purposes of the legitimate interests pursued by the Company or by a third party (GDPR Article 6(1)(f)) of providing efficient and effective Services to our customers, including:

1.5. User Communications. When you send email or other communication to the Company, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. We may send you push notifications to send you news and updates in respect of the Services. We may also send you newsletters and promotional communications, you may opt-out of this service at any time by submitting a request at the following link unsubscribe@hud.io.

1.6. User Information. When you use the Services, we may automatically receive and record information from your browser, including without limitation information and statistics about your online/offline status, your IP address, internet service provider, user engagement data, including without limitation as set forth in Section 1.7 below, type of browser, your regional and language settings and software and hardware attributes. Our systems may automatically record and store technical information regarding the method and nature of your use of the Services. An IP address is a numeric code that identifies your browser on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information. The Company uses all of the PII that we collect to understand the usage trends and preferences of our users

1.7. Aggregate and Analytical Data. In an ongoing effort to better understand and serve the customers of the Services, we often conduct research on its customer demographics, interests and behavior based on the PII and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes. We also use aggregate data for monetization.

2. Cookies and Web Beacons. In order to collect the data described herein we may use temporary cookies that remain on your browser for a limited period of time. We may also use persistent cookies that remain on your browser until the Company's Services are removed, in order to manage and maintain the Services and record your use of the Services. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to and stored on your browser. Cookies do not damage your browser. Most browsers may allow you to block cookies but you may not be able to use some features on the Services if you block them. You may set most browsers to notify you if you receive a cookie (this enables you to decide if you want to accept it or not). We may also use web beacons via the Services to collect information. Web beacons or "gifs", are electronic images that may be used in our Services or in our emails. We use Web beacons to deliver cookies, count visits and to tell if an email has been opened and acted upon. We use the following third party cookies, such use is accordance with: Auth0, Microsoft Clarity, PostHog.

3. Links. Links to other services, sites and applications may be provided by the Company as a convenience to our users. The Company is not responsible for the privacy practices or the content of other sites and applications and you visit them at your own risk. This Privacy Policy applies solely to PII collected by us.

4. Children. If you are a child under the age of 16, you must obtain parental consent prior to using our Services. The Company will not knowingly contact or engage with children under the age of 16 without said parental consent. If you have reason to believe that a child has provided us with their PII, please contact us at the address given above and we will endeavor to delete that PII from our databases

5. Information Sharing. As part of providing the Services our affiliates, agents and representatives may have access to your PII. We require these parties to process such information in compliance with this Privacy Policy and subject to security and other appropriate confidentiality safeguards. The Company may also share PII in the following circumstances: (a) as required for the provision, maintenance and improvement of the Services; (b) when permitted by you; (c) if we become involved in a reorganization, merger, consolidation, acquisition, or any form of sale of some or all of our assets, with any type of entity, whether public, private, foreign or local; and/or (d) to satisfy applicable law or prevention of fraud or harm or to enforce applicable agreements and/or their terms, including investigation of potential violations thereof or in response to a court order, judicial or administrative subpoena or warrant, or to otherwise cooperate with law enforcement investigations; (f) to our affiliates or other trusted businesses or persons, agents, third party service providers, subcontractors and representatives for the purpose of processing PII on our behalf worldwide.

6. Information Security and Retention. We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security. We retain your PII only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements. PII with respect to which the Company is the Processor will be deleted only on instruction of the Controller, except where such data must be retained by us, as above.

7. Data Integrity. The Company processes PII only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service agreements. We review our data collection, storage and processing practices to ensure that we only collect, store and process the PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on our users to update or correct their PII whenever necessary. Nothing in this Privacy Policy is interpreted as an obligation to store information, and we may, at our own discretion, delete or avoid from recording and storing any and all information.

8. Your Rights.

Subject to certain exemptions or derogations, the following rights may apply to certain individuals:

8.1. Right of Access and Rectification. You have the right to know what PII we collect about you and to ensure that such data is accurate and relevant for the purposes for which we collected it. We allow our users the option to access and obtain a copy of their PII and to rectify such PII if it is not accurate, complete or updated. However we may first ask you to provide us certain credentials to permit us to identify your PII.

8.2. Right to Delete PII or Restrict Processing. You have the right to delete your PII or restrict its processing. We may postpone or deny your request if your PII is in current use for the purposes for which it was collected or for other legitimate purposes such as compliance with legal obligations.

8.3. Right to Withdraw Consent. You have the right to withdraw your consent to the processing of your PII. Exercising this right will not affect the lawfulness of processing your PII based on your consent before its withdrawal.

8.4. Right of Data Portability. Where technically feasible, you have the right to ask to transfer your PII in accordance with your right to data portability. You may exercise the above rights by sending a request to privacy@hud.io.

8.5. Right to Lodge Complaint. You also have the right to lodge a complaint with a data protection supervisory authority regarding the processing of your PII.

9. Enforcement. The Company regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or our treatment of PII by contacting us as provided above. When we receive formal written complaints it is the Company's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of PII that cannot be resolved between the Company and an individual.

10. Changes to This Privacy Policy. The Company may update this Privacy Policy. We will notify you about material and significant changes in the way we treat PII by sending a notice to the email address provided by you or by placing a prominent notice on the Services. We encourage you to periodically review this Privacy Policy for the latest information about our privacy practices.

11. Acknowledgment of Processing. By providing any PII to us pursuant to this Privacy Policy, all users, including, without limitation, users in the United States, Israel and member states of the European Union, fully understand and acknowledge the terms of this Privacy Policy and to the collection and processing of such PII abroad. The server on which the Services are hosted and/or through which the Services are processed may be outside the country from which you access the Services and may be outside your country of residence. Some of the uses and disclosures mentioned in this Privacy Policy may involve the transfer of your PII to various countries around the world that may have different levels of privacy protection than your country and may be transferred outside of the European Economic Area. By submitting your PII through the Services, you consent (where required), acknowledge, and agree that we may collect, use, transfer, and disclose your PII as described in this Privacy Policy.

12. Questions. If you have any questions about this Privacy Policy or concerns about the way we process your PII, please contact us at privacy@hud.io. If you wish to delete all information regarding your use of the Services, please contact us at: privacy@hud.io.

13. Your California Privacy Rights and Do Not Track Notices. California Civil Code Section 1798.83 permits customers of Company who are California residents to request certain information regarding its disclosure of PII to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@hud.io. Please note that we are only required to respond to one request per customer each year. You are also advised that Company does not respond to “Do Not Track” signals.

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