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Declaration on data privacy for

webMethods Integration Cloud

Declaration on Data Protection

Actual version 

Effective October 1, 2014

Ending July24th, 2016 (announced June 7th, 2016)

1. Scope of agreement
This policy covers the privacy practices of Software AG USA Inc. and its subsidiaries ("Software AG" or the "Company") in relation to the use of the Company's applications and services of the webMethods Integration Cloud Offerings ("Services") by customers or potential customers ("user," "you" or "your"). The "Services" including support, application, hosting, infrastructure management, and platform development are cloud based and allow you to build, deploy and manage applications and store information across a network of managed information centers. Software AG's general terms of our privacy policy can be found here.

2. Information Collected
2.1 Personal Information
Personal Information, such as first name, last name, email address, telephone, work address, IP address and other types of information pertaining to the digital footprint, is the information that we may collect from your use of the Software AG application platform services.

2.2 Services Information
Services Information is information located on Software AG, user or third party systems which allows Software AG to perform the Services. "Services Information" includes information you provide to Software AG to administer the Services including your contact, payment and billing information. Services information is considered confidential information in accordance with the terms and conditions of your order.

2.3 End User Information
End User information which may include personal information about your employees, customers, prospects, partners, suppliers or other third parties as part of your production, development, or test environments, shared during registration or utilization ("end user information"); and/or support information which may include your operating system, your registry information, your custom code, and your diagnostic information. End user information is considered confidential information in accordance with the terms and conditions of your order.

2.4 Registrant Information
Registrant Information, which is limited to email address, as part of a production, development, or test environment may be used for communication purposes.

3. How Services and End User Information is Collected and What it is Used for
Software AG uses the Services Information and End User Information to perform the Services and below are some of the circumstances under which we may access, collect, analyze as well as use such Information.

3.1 Service Offering
In order to provide the Cloud Services, it may be necessary to access your Information for purposes such as service enablement, billing, client support, customization, training or other services.

3.2 Performance Purposes
In order to ensure satisfactory performance standards, security levels and enforcement of service level commitments it may be necessary, without notice to you, to access your production, development or test environments or copies thereof.

3.3 Maintenance, Fixes and Upgrade Purposes
In order to upgrade the system to the latest version or to monitor system performance or to introduce issue fixes it may be necessary, without notice to you, to access the Services, test new versions, and provide patches, updates and fixes.

3.4 Communication Purposes
In order to better serve you, such as to validate user identity, to provide emergency notifications or to offer proactive support, or to communicate beneficial offers it may be necessary to engage with your Information directly. This may include access to Information for the purpose of reproducing an error or troubleshooting an incident.

3.5 Compelled Disclosure
Software AG reserves the right to use or disclose Information if required by law or if Software AG reasonably believes the use or disclosure is necessary to protect the Company's rights or to comply with a judicial proceeding, court order, or legal process.

4. Cookies and other information
The Services may use cookies which are small text files placed on a hard disk by a web server. These cookies are used for storing user preferences, settings, authentication and to collect information for operational efficiencies. To obtain information on the specific cookies used please contact us at privacy (at) softwareag.com.

5. Access
In accordance with the Software AG terms and conditions, Software AG may access Information only for the purpose of providing the Services, preventing or addressing service or technical problems, in connection with a customer support matter, or as may be required by law. Software AG's access to Information is based on job role or responsibility.

You control access to Information by your end users and you are responsible for any requests related to their personal information. Software AG will not review, share, distribute, or reference any such Information except as provided in the terms and conditions between you and Software AG, or as may be required by law.

6. Information Data Location
The primary location of Information is in the United States.

7. Security
Software AG is committed to the security of your Information and has various policies and tools in place to ensure the physical, administrative and technical security of your Information. Software AG employs security practices and operating procedures that ensure industry best practices around security. Software AG security processes are reviewed on a regular basis by the Software AG Global Security and Privacy Committee, led by the Chief Privacy and Security Officer.

8. Safe Harbor Program Statement
Software AG is a global corporation and has developed global information practices designed to assure your Information is appropriately protected. Software AG's privacy practices, including the practices addressed in this policy and those applicable to its Services businesses, comply with the United States/European Union Safe Harbor framework and the United States/Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union member countries and Switzerland. To learn more about the Safe Harbor program, and to view Software AG's certification, please visit http://www.export.gov/safeharbor/. If you have any complaints regarding our compliance with the Safe Harbor program, you should first contact us at privacy (at) softwareag.com.

9. Notification of Privacy Policy Changes
Software AG reserves the right to change this privacy statement. Software AG will provide notice of the material changes to this privacy statement through the Company's web sites at least thirty (30) business days prior to the change taking effect.

10. Compliance
Any questions regarding this privacy statement or the privacy practices of the Company's web sites should be directed to our Chief Privacy and Security Officer:
Software AG
Data Protection Officer
Uhlandstraße 12
64297 Darmstadt, Germany
Email: dataprotection (at) softwareag.com

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