Privacy policy

1. About Ness

The Ness Group of Companies (“Ness” or “We”) operates across several jurisdictions. This Privacy Policy sets out how Ness will collect and use your personal information. Any Ness entity listed in the “Ness Group Companies” section that you have contact with will be a “controller” of your personal information for the purposes of data protection laws, where these apply. Your personal information may be shared with other Ness entities for the purposes outlined below.

Information We Collect and how we use it

i. When You Contact Us:

You may use our GDPR Information Request Form to contact us regarding your personal information on file. You can contact us through the “Contact Us” page on our Website, and through other online media, such as Facebook, Twitter or LinkedIn. When you contact us, We will collect information you provide us with, such as your name, address, e-mail address, telephone number, country of residence and place of work. We will use this information to:

  • respond to any query or complaint that you raise with us; and
  • provide any advice or assistance that you request from us
  • keep you up to date with news about our products and services

ii. If you place an order or request services from us:

If you or your employer engage Ness to provide services, We will collect information about you through our routine business interactions. The information We collect will include your name, employer, job details, contact details, and location. We will use this information:

  • to communicate with you and provide the services requested;
  • to maintain our internal records;
  • to obtain advice from professional advisors, where necessary; and
  • to comply with obligations that We are subject to under applicable laws, and to enforce and protect our rights.

iii. Contact you may have with Ness offline:

Ness and our employees may collect information about you if you attend an event that We hold or that We are represented at. We will collect limited personal information about you, such as your name, company name, address, phone number and email address. We will use this information:

  • to review and respond to any query you submit to us;
  • to send you periodic updates about Ness products and services; and
  • to comply with obligations that We are subject to under applicable laws, and to enforce and protect our rights.

iv. If you apply for a job at Ness

If you apply for a job at Ness (whether directly or through a recruitment agency), We will store personal information relating to you. This might include your name, contact details, current employer organization and job title, CV, details of your previous employment history and professional activities, nationality information (including copies of identity documents, such as a passport) and references provided by third parties. We collect and store this information for the purposes of:

  • processing your job application;
  • maintaining records of contacts and job applications;
  • assessing your suitability for a position of employment at Ness, including by verifying your identity and seeking references;
  • safeguarding our legal rights and interests.

v. Compliance with legal and regulatory requirements:

We may use and share your personal information as We believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

vi. For compliance, fraud prevention and safety:

We may use your personal information and disclose it to law enforcement, government authorities and private parties as We believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements; (c) enforce the terms and conditions that govern services that We provide; and (d) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

vii. To optimize and enhance our services:

We may use your personal information to understand how our products and services are being used to help us improve our Services and develop new products.

viii. Marketing:

We may use your personal information to keep you up to date with details of products and services offered by Ness. You can unsubscribe from receiving these communications by clicking the “Unsubscribe” link in any email that We send to you.

ix. Other business purposes:

We may use your information for additional purposes if that purpose is compatible with the original purpose for which it was collected, is disclosed to you before We collect the information, if We obtain your consent or where required or permitted by law.

Most commonly, our legal basis for processing your personal information is that either:

i. the processing is necessary for our legitimate interests (or those of a third party) and that your interests and fundamental rights do not override those interests. Such legitimate interests include conducting and developing our business, assessing job applications and meeting and anticipating the requirements of our current and prospective customers;

ii. the processing is necessary for us to comply with a legal or regulatory obligations;

iii. or the processing is necessary for us to perform our obligations under an agreement we have entered with you or in order to take steps at your request prior to entering into such an agreement.

We may also process your personal information where you have given us your consent to do so (which you may withdraw at any time, as detailed in Section 9 below).

3. Information We Collect Automatically

We collect information about your visit to our website. This information may include (i) online identifiers (such as IP address or domain name), (ii) device information (such as hardware, operating system, browser), (iii) usage data (such as system activity, internal and external information related to Ness pages that you visit, clickstream information), (iv) geolocation data, (v) the Uniform Resource Locator (URL) that you just came from (whether this URL is on our Website or not), and (vi) which URL you next go to (whether this URL is on our Website or not). This information is primarily used by us to analyze web traffic and to improve the functionality and content of the Website and does not contain any personal information which may belong to you or any other individual. Our automatic collection of personal information may involve the use of cookies, described further in Section 5 below.

4. Sharing Of Personal Information

We will disclose your personal information to:

  • entities in the Ness Group of Companies, as detailed in “Ness Group of Companies” section;
  • third parties who assist in the design, development and engineering of our products and software to the extent that this is necessary to fulfill any request you make;
  • our service providers such as IT hosting companies, support services and customer relationship management system providers. These include but are not limited to Google Analytics, HubSpot and Microsoft Dynamics CRM;
  • professional advisors such as lawyers, accountants, auditors and financial advisors;
  • regulatory authorities including tax authorities; and
  • law enforcement agencies, courts and other tribunals where We are under a legal obligation to disclose your information or We are permitted to do so to protect or defend our rights.

5. Use Of Cookies And Similar Technologies

Certain features of the Website are only available through the use of cookies or functionally equivalent technology (collectively referred to as “cookies”). For example, cookies help reduce the number of times you need to enter in certain information while using the Website. Cookies can also assist in providing you with content and services that are targeted to your particular interests or preferences. Cookies also enable us to collect information about your Website visit. Cookies are stored locally on your device, not on the Website’s server.
You are always free to decline cookies if your browser has this functionality, although if you do so, you may not be able to use certain features on the Website which depend on the information linked to cookies, and you may be required to re-enter certain information more frequently during a session.
You are able to control your Cookie Settings to Accept or Opt-Out of cookies. Below is a list of the types of first- and third-party cookies that are deployed on our website:

Google:

  • _gat. This cookie is used by Google Analytics to throttle request rate.(Expires: 1 minute)
  • _gid. This cookie is used by Google Analytics to distinguish users. (Expires: 24 hours)
  • _ga. This cookie is used by Google Analytics to distinguish users. (Expires: 2 years)

HubSpot:

  • hs_ab_test. This cookie is used to consistently serve visitors the same version of an A/B test page they’ve seen before.(Expires: end of session)
  • __hstc. The main cookie for tracking visitors. It contains the domain, utk, initial timestamp (first visit), last timestamp (last visit), current timestamp (this visit), and session number (increments for each subsequent session).(Expires: 13 months)
  • hubspotutk. This cookie is used to keep track of a visitor’s identity. This cookie is passed to HubSpot on form submission and used when deduplicating contacts.(Expires: 13 months)
  • __hssc. This cookie keeps track of sessions. This is used to determine if HubSpot should increment the session number and timestamps in the
  • __hstc cookie. It contains the domain, viewCount (increments each pageView in a session), and session start timestamp.(Expires: 30 min)
  • __hssrc. Whenever HubSpot changes the session cookie, this cookie is also set to determine if the visitor has restarted their browser. If this cookie does not exist when HubSpot manages cookies, it is considered a new session. Expires: end of session)

6. International Transfers Of Personal Information

Your personal information may be transferred to recipients located outside the UK and/or the European Economic Area, including Ness Group Companies in Israel, India, Singapore, the United States, and Canada. We will ensure that all transfers take place in accordance with the applicable data protection laws, including by entering into data transfer agreements where necessary. If you would like more information about how your personal information may be transferred, please contact us via our “GDPR Form” on our Website.

7. Protection Of Your Information

We exercise care in protecting your personal information such as, but not limited to, your user registration, user login, user sessions, and electronic communications to and from us. This includes, among other things, using industry standard techniques such as firewalls, encryption, and Website monitoring. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while We strive to protect your personal information, We are not able to ensure or warrant the security of any information you transmit to or from the Website.

8. Retention Of Personal Information

We will retain your personal information for as long as is necessary to fulfil the purposes for which We collected your personal information, or as necessary to fulfil a legitimate business need, including to satisfy any legal, accounting or reporting requirements, to provide you with a service you have requested, to establish or defend legal claims, for business continuity purposes, or for fraud prevention. The period for which We will retain personal information will vary depending on the purposes that it was collected for, as well as the requirements of any applicable law or regulation. For example, if your personal information has been provided to us in connection with the ordering of a product or service, we will retain it for as long as is necessary to provide that product or service, and for as long as any legal action could be brought in relation to it.

We will retain all of the personal information that We collect from actual and/or potential job applications for:

  • up to 12 months where such applications have been unsuccessful; and
  • the duration of the applicant’s employment and 7 years from the end of the applicant’s employment where such applications have been successful.

9. Your Rights

You may have certain rights under applicable data protection laws in relation to personal information that We hold about you. These may include the right to request access to personal information We hold about you, or to obtain a copy of the personal information in a machine-readable format, to request that it is erased or that any inaccurate personal information is rectified. You may also have the right to ask us to restrict how We process your personal information, or to withdraw your consent where We are relying on your consent to process your personal information. You should note, however, that withdrawing your consent will not affect the lawfulness of any processing We carried out before its withdrawal. Please contact us here1 if you would like to make a request.
You may also have the right to complain about the use of your personal information to a supervisory authority with oversight of applicable data protection laws.

10. TINFORMATION FOR CALIFORNIA RESIDENTS

We are required under the California Consumer Privacy Act of 2018 (the “CCPA”) to provide California residents with certain information about the rights granted to California residents under the CCPA and about our practices with respect to the collection, use and sharing of personal information. For the purposes of this section of this Privacy Policy, “personal information” has the meaning given to that term under the CCPA.

For ease of reference, We have compiled the chart below to demonstrate how We use the categories of personal information We have collected, used, and disclosed in the past 12 months.

[We do not “sell” any personal information, as “selling” is defined under the CCPA.]2

Statutory Category3 Personal Information (PI) We collect Sources of PI
Identifiers4
  • Contact data
  • Registration data
  • Data about others
  • Device data
  • You
  • Publicly-available sources
  • Third parties
  • Business partners
  • Automatic collection

2NTD: Ness to confirm.
3NTD: Based on the nature of Ness’ business, several statutory categories of personal information were added as likely collected by Ness. Please confirm whether these are accurate and revise, augment or remove items from this chart as appropriate. The remaining statutory categories (not listed) are: (i) biometric information; (ii) geolocation data; (iii) audio, visual, thermal recordings; and (iv) inferences drawn from other PI (to create a consumer profile). Please confirm whether Ness collects any personal information that falls within these omitted categories.
4NTD: Identifiers and online identifiers are not separate categories under the CCPA, so these have been combined.

Financial, medical or insurance information • Financial account numbers • You
Characteristics of protected classifications under California or federal law • We do not request or seek this Personal Information, but We may collect information concerning [age, gender, race, citizenship or national origin] • You
• Third parties
Commercial activity and information • Records of products or services purchased, obtained, or considered • You
• Automatic collection
• Third parties
Internet or Network Activity and Information • Device data
• Online activity data		 • Automatic collection
Professional or Employment Information • Contact data
• Registration data		 • You
• Publicly-available sources
• Third parties
• Business partners

The personal information We collect and the sources from which We collect it are described in more detail in Sections 2 and 3. Each category of Personal Information We collect may be used for the business/commercial purposes described in Section 7, and each category may be disclosed as described in Section 4.

California consumers have the following rights under the CCPA, with respect to their personal information. Please understand, however, that these rights are not absolute, and We may decline requests as permitted under applicable law.

  • Right to Request Access. You may submit a request that Ness disclose the categories and specific pieces of personal information that We have collected, used, or disclosed about you in the past twelve (12) months.
  • Right to Request Deletion. You may submit a request that Ness delete the personal information that We have about you.
  • Right Not to Receive Discriminatory Treatment. You have the right to exercise the privacy rights conferred by the CCPA without discriminatory treatment.
  • Right to Opt-Out of Sale of Personal Information. You have the right to direct a business that sells your personal information to cease selling your personal information.

You may submit a request to access or delete your personal information by emailing us at NDE.Marketing@ness.com. We are legally obligated to verify your identity when you submit a request. We may request additional information from you to verify your identity. If you submit a request to delete your Personal Information, you will also be required to confirm the deletion request by email.

Please understand that We are only obligated to respond to – and will only respond to – verifiable consumer requests. If We receive a request for information about you, We need to know that it is actually coming from you, or somebody legally authorized to act for you. You may designate an authorized agent to make a request under the CCPA on your behalf. Your authorized agent must submit proof that you have provided them with power of attorney pursuant to Probate Code sections 4000 to 4465. We may deny a request from a purported authorized agent who does not provide proof of authorization to act on your behalf.

We may implement authentication procedures that are appropriate to the nature of the Personal Information requested. We may also use any information that We have already collected about you in order to verify your request. Also, if We collect any Personal Information to verify your request, We will only use that information to verify your request.

Please understand that We are not obligated to provide you with a copy of your personal information more than twice in a twelve (12) month period.

11. Additional Information

This Policy only applies to information collected by Ness. Any information you provide to, or that is collected by, third-party websites may be subject to the privacy policies of those websites, if any. Ness encourages you to read any such privacy policies of any third-party websites you visit. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of your personal information. Ness, its directors, officers, employees, agents, service providers and representatives shall not be liable for wrongful use or disclosure of your personal information by any such third party.

12. Changes To This Policy

Date of last update: [October 17, 2022]6

We will post online any changes to this Privacy Policy. You can determine the date of the last change by noting the effective date of these documents. We encourage you to periodically review the Privacy Policy.

13. contact us

If you have any questions about this Privacy Policy or how We process your personal information, please contact us at: NDE.Marketing@ness.com.

14. Ness Group Companies

Controllers

Countries

Ness Technologies Inc.

United States

Ness Technologies S.ar.l

Luxembourg

Jersey Holding Corporation

United States

Ness Software Design Services Limited

United Kingdom

Ness Technologies (East) B.V.

Netherlands

Ness Canada, Inc.

Canada

Ness Deutschland GmbH.

Germany

Ness Global Services Limited

United Kingdom

Ness Mauritius

Mauritius

Linium LLC

United States

Ness Romania SRL

Romania

Ness K.E. s.r.o.

Slovakia

Ness Software Engineering Services India LLP

India

Ness Software Services Private Limited

India

Ness Technologies Inc.

United States

Ness Technologies (India) Private Ltd.

India

Ness USA, Inc.

United States

Ness Global Services Private Limited

Singapore

Natil Technologies Limited

Israel

Swiftness Limited

Israel

Natil Digital Engineering Limited

Israel

Ness Europe Technologies BV

Netherlands

Ness Czech s.r.o.

Czech Republic

Ness Slovensko a.s.

Slovakia

Ness S.A.

Switzerland

Ness Technologies RO SRL

Romania

Sovereign CRM

United States

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Contact: NDE.Marketing@ness.com