Privacy Policy

Last updated date: 09.05.2023

Summary

Railsware is dedicated to protecting your privacy. This Privacy Policy (herein the “Policy” or “Privacy Policy”) applies to the Site (as defined below) and administers the ways we collect, process, share, transfer, secure and store your Personal Information. The Policy explains how Site Visitors and Users (as defined below) can exercise their right to access, restrict processing, object, erase, use, transfer, withdraw consent, file complaints or rectify their Personal Information that was of their own free will submitted to us.

Definitions

Personal Information - means any information that can be used to individually identify a person, and may include, but is not limited to, name, email address, phone number, title, and other personally identifiable information.

Navigational Information - cookies, web beacons, and other information as it is defined under the Navigational Policy. Navigational Policy constitutes an integral part of this Privacy Policy.

Railsware group - means Railsware affiliates as well as legal entities, contractors, and individuals engaged in the processes of Railsware operations.

Site - means an aggregate amount of the web pages available at https://railsware.com/

User - means a user or job applicant (candidate), who uses the Site functional to reach Railsware out.

Visitor - means an individual who uses the Site for informational, research, or similar purposes.

Introduction

Railsware works to guarantee that the Site and ecosystem constitute a safe environment for both Site Users and Visitors. We need to collect, process and store some Personal and Navigational Information (as defined above) in order to provide you with the ability to view the Site content, and submit contact requests or job applications.

This Privacy Policy establishes the terms and conditions based on which Railsware will collect, store and process your Personal Information. When you browse the Site, submit contact requests or job applications, you give Railsware explicit, free, informed, and unambiguous consent and fully agree to the Policy under which Railsware collects, processes, uses, stores, shares, transfers, and discloses Personal Information. If you do not agree with the points stated in this Policy, you should not browse the Site or submit your contact requests or job applications.

Please note that you may choose not to provide us with your Personal Information. If you choose so, you will still have access to many of the Site’s web pages, however, you may be unable to access certain options and services that we offer only to Users who have shared their Personal Information.

We consider your personal privacy as a matter of great importance, thus:

we collect and process your Personal Information lawfully, fairly, and in a transparent manner, and based on your consent;
we only collect the minimum amount of Personal Information that is necessary to fulfill the purpose of your interaction with us;
we don't sell it to third parties and we only use it as this Policy describes.

What personal information we collect and receive

a. Information you voluntarily submit to Railsware

When you fill out our Get in touch form, we may collect Personal Information including, but not limited to: your name, your surname, email address(es), telephone number(s), and information related to the business you represent. Since you will actively submit this information to us, you will know precisely what data we collect through the Get in touch form on our Site.

When you apply for one of the Railsware vacancies, you of your own free will provide us with your Personal Information. The Personal Data includes your first and last name, email address, current country of residence, link to your profile at LinkedIn, and telephone number. You may also submit your CV and provide links to your publicly available social media or other professional community accounts, such as LinkedIn, Facebook, Twitter, Angel.co, and others. You may also provide us with some additional Personal Information during one of the steps of our recruitment process: telephone call, email communication, an interview, or via any other communication channel and method.

All the information provided to you by Railsware during the recruitment process is confidential, and only for the information of the intended recipient. Moreover, every work result remains the property of Railsware. Any usage, publishing, or redistribution without the prior written consent of the proper Railsware entity is prohibited.

We will keep a record of your contact and application requests, related communication and replies, and other information that you on your free will submit to us during 3 years from the date of your last application to us unless you request its erasure earlier in the order provided by the applicable laws and this Policy.

We kindly draw your attention that Railsware is not established in the European Union, but it occasionally processes the Personal Data of those individuals residing in the Union, who browses the Site, submits contact requests or job applications, and performs other activities, which result in supplying us with some Navigational and Personal Information. For all such cases, we ensure the processing complies with the GDPR standards and requirements.

Railsware does not intentionally collect, and the Site Visitors and Users should not provide any information about their medical or health condition, race and ethnic origin, political opinions, religious and philosophical beliefs, as well as bank account information, TAX and passport numbers, driver’s license or other similar personal identifiers.

b. Automatically collected information

If you're just browsing the website, we collect the same basic navigational information from your computer or device that most websites collect (“Navigational Information”) . This includes but is not limited to: device type, running operating system, browser type, IP address, geolocation, carrier, DMA, ID, language, latitude, longitude, OS, region, start version, id, initial referrer, initial referring domain, referrer, referring domain and the referring domain name. Additionally, we may collect behavioral information about how you use the Site. This includes but is not limited to: your timezone, date and time you visit the Site, actions taken while browsing the information on the Site including the URL clickstream through the Site, which areas or pages of the Site you visit or view, how you interact with Site elements, amount of time you spend browsing the Site, and a number of times you return to the Site.

We gather this data automatically through the Amplitude intelligence platform, Maxmind tool, Google Analytics, Facebook Pixel, LinkedIn Insight Tag, Twitter Ads, and other data-gathering technologies, like cookies, in order to understand how Users and Visitors browse and use the Site. This data helps us manage the Site, analyze general online behavior and usage trends, and provide targeted advertisements.

For what purposes we need your information

1. We Use The Information For The Hiring Process

All the Personal Information Site Users sent to Railsware using the application form are required to check you are a perfect candidate for the position proposed. Sending such Personal Information you enable Railsware to administer the recruiting process, including the set-up of an electronic job applicant HR file, managing your application, communicating with you, and organizing interviews – in short, the processing is necessary for us to enter into a contract with you.

In case of any legal proceedings, we will use your Personal Information to establish, exercise, or defend us against the legal claim.

We may also share your Personal Information with other Railsware group companies and our external recruitment consultants or clients to consider you for future job openings and will retain your data for a period of 3 years beyond an unsuccessful application for this purpose.

During this period Railsware may contact you in relation to vacancies and positions we think may be interesting for you.

However, you may ask us to delete your Personal Information any time earlier in the order as defined under this Privacy Policy.

2. Your Data Is Needed To Contact You With The Purpose Of Possible Business Cooperation

Once the Site User reaches us using the Contact web page, we see you are interested in cooperation with Railsware. We use the information you shared with us by submitting the form to process your request, contact you and define the way we can help you.
We store such information for a period of 3 years. You may ask Railsware to delete these data anytime in the order defined under this Privacy Policy.

In case of any legal proceedings, we will use your Personal Information to establish, exercise, or defend us against the legal claim.

During this period Railsware may contact you in relation to vacancies and positions we think may be interesting for you.

However, you may ask us to delete your Personal Information any time earlier in the order as defined under this Privacy Policy.

3. Your Data Helps Us To Improve User Experience During Site Usage

We also strive to make the Site comprehensive and comfortable for its Users and Visitors. Thus, we use the information we collect to:

improve your User experience while browsing the Site;
manage the Site’s content and customize it according to the User preferences;
manage the Site’s security and conduct investigations of any unauthorized access and use of the Site;
put together and analyze the statistical data of the Site usage.

How we ensure Personal Information security

Railsware applies different security technologies, guidelines, and procedures to ensure complete security, as well as full confidentiality of the Personal Information you provide.

We also take measures to avoid unauthorized access to Personal Information and electronic communication systems by implementing appropriate technical and organizational measures. We implemented encryption during the processing of your Personal Information to ensure security and follow trusted security protocols during its transfers.

We work with your Personal Information under the principle of strict access role distribution. The list of those, who have access to your Personal Information is strictly limited and grounds on a need-to-know basis.

Your Personal Information is securely stored on servers and protected from unauthorized usage, leak, and exposure.

How we use and share your data

a. Transfers within Railsware group

Personal Information may be shared across the Railsware group in certain circumstances and where lawful to do so, for example with limited members of the human resources department or the IT department, both of which may be working for different Railsware entities. Whenever we need to share your Personal Information, we will only do so on a need-to-know basis and with selected employees and contractors for tasks within their responsibilities. Railsware takes appropriate steps to ensure that such personnel are bound by duties of confidentiality with respect to your Personal Information.

b. Transfers to vendors and service providers

Railsware may engage other organizations and persons (“Agents“) to perform tasks or provide services to website Visitors and may need to share your Personal or Navigational Information with them to provide data, products, and services to you or to conduct recruiting process for your job application requests. These tasks and services may include marketing and support activities, analyzing different types of data, and providing advisory and legal services.

We use third-party service providers (e.g. Typeform S.L., FormKeep, Inc., SendGrid, Inc. or work agencies) who provide technical and support services in connection with the application and recruitment process (such as hosting or “Software as a Service”). In providing the services, your Personal Information will, where applicable, be processed by the service provider on Railsware’s behalf.

We will confirm for any third party that we use that they can provide sufficient guarantees regarding the confidentiality and security of your Personal Information. We will ensure that any third party complies with our data security standards and international transfer restrictions.

c. Disclosure to third parties

In certain circumstances, we share and/or are obliged to share your Personal Information with third parties outside the Railsware group, for the purposes described above and in accordance with applicable data protection laws.

d. International transfers notice

By accessing or using the Site or otherwise providing information to us, you consent to the processing and transfer of information in and to the countries and territories, which may have privacy laws different from your country of residence. Please note that some of the recipients of your Personal Information referenced above may be based in countries outside of Railsware and your country of residency whose laws may not provide the same level of data protection. In such cases, we will ensure that there are adequate safeguards in place to protect your Personal Information that comply with our legal obligations.

e. Aggregated or Anonymized Data

We may also share aggregated or anonymized information with third parties that do not directly identify you.

f. Customer Feedback, Comments, and Case Studies

We publish customer testimonials, feedback, and case studies on our Site that we previously acquired consent to do so.

Personal Information Retention

Railsware will retain your Personal Information for the period required to fulfill the obligations it took as a Site owner unless a longer period of time is required by law for tax, legal, or other regulatory reasons. Railsware will delete all Personal Information at the earliest date per your request. We will communicate with you on the specific deadlines depending on your request details and your information in our possession.

When you apply for the position via Railsware Careers web page or any other third-party website, we are going to store your Personal Information for a reasonable timeframe required to fill the vacancy and will take reasonable steps to notify you via an email about the recruitment process results. If your application is not successful, we will keep your Personal Information for a period of 3 years upon notification that your application was not successful for the purposes of (i) contacting you for future job vacancies and (ii) the establishment, exercise or defense of legal claims. If your application is successful and you commence cooperation with Railsware, your Personal Information will be transferred to your personnel file and will be processed for cooperation and HR purposes.

When you use Railsware Contact web page we will keep your Personal Information and other data you provide us for a period of 3 years for the purposes of (i) responding to your initial request and (ii) providing you with updates and proposals, which we believe you might be interested in based on your initial request.

Your rights in relation to your Personal Information

You have certain rights with respect to your Personal Information as set forth below. To make any of the following requests, contact us using the contact details referred to in the “Contact Us” section of this Privacy Policy.

Access: You can request to receive a copy of the Personal Information we hold about you.
Right to be informed: You can request information on how we use your Personal Information.
Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement it. You can also correct some of this information directly from your service account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
Objection: You can contact us to inform us that you object to the collection or processing of your Personal Information for certain purposes.
Erasure: You can request that we erase some or all of your Personal Information from our databases.
Restriction of Processing: You can ask us to restrict further processing of your Personal Information.
Portability: You have the right to ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
Withdrawal of Consent: If we are processing your Personal Information based on your consent (as indicated at the time of such data collection), you have the right to withdraw your consent at any time.
Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.

Please note that in some circumstances, we may not be able to fully comply with your requests. We may ask you to provide us with additional information in connection with your request. If we need to verify your identity or the nature of your request, we may ask you to provide more details regarding your Personal Information. In such situations, however, we will still respond to let you know of our decision.

Compliance with the Laws

We may disclose your Personal Information to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request, (b) to enforce our agreements, policies and terms and conditions/user’s agreement, (c) to protect the security or integrity of the Site, (d) to protect Railsware, our customers or the public from harm or illegal activities, (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.

Railsware reserves the right to disclose Personal Information to public authorities in accordance with a legal liability to perform their duties, such as customs and tax authorities, financial investigation units, judicial administration, and other parties if the EU member state allows exercising of such disclosure in the public interest, including protection of your and other people’s safety.

Links and Third-Party Sites

The Railsware Site includes links to third-party websites. These websites may offer certain services to end-users. Railsware does not take any responsibility for its content, services, administrators, practices, and policies, and does not endorse them. Railsware also does not bear any responsibility for the privacy of information that you submit on these resources, since this Privacy Policy does not apply to them. We recommend you familiarize yourself with the Privacy Policy and other legal documents before submitting or sharing any Personal Information with them.

Social Media Features

The Site incorporates some social media features and widgets. It allows “Share“ - for Facebook, “Tweet“ - for Twitter, and “Share“ - for LinkedIn on the Site blog articles pages. These social media features (buttons) may gather some website Visitor-related (IP address, page visits) information. The actions connected to the social media features and widgets are covered by the policy of the company which enables them.

Access by minors

Railsware does not knowingly collect or store any Personal Information from or about children under the age of 18. If you believe a child under the age of 18 has under any circumstances provided us with their Personal Information and data, ask a parent or legal guardian of that child to contact us using the contact details referred to in the “Contact Us” section of this Privacy Policy and request to delete their children’s information from our records.

Changes to the Privacy Policy

Railsware may occasionally update this Privacy Policy to reflect customer feedback and changes in our Site. When we post changes to a statement, we will revise the “last updated” date at the top of the statement. If there are material changes to the statement or any changes in the way Railsware will use Personal Information, we will notify you either by posting a notice of such changes before they take effect or by directly sending you a notification.

User Consent

By using the Site you consent to the terms of this Privacy Policy and to our processing of Personal Information for the purposes given above as well as those explained where Railsware collects Personal Information.

Contact Us

For any additional questions or inquiries about the Privacy Policy, please send an email to privacy@railsware.com. Please use this email to exercise any of your rights in relation to Personal Information.
Written Inquiries can be sent to
Railsware Solutions FZ-LLC
Dubai Media City Building 5 DQuarters F03-014,
Dubai, United Arab Emirates

Additional Information for Users in Specific Regions

European Union and UK Users and Visitors

This section applies to the processing of personal data that is within the scope of the GDPR or UK GDPR – when it is carried out by a Railsware group company which concerns data subjects who are in the EEA or the UK.

The EU GDPR and UK data protection laws require a specific legal basis for our use of Personal Information. We process your Personal Information based on the grounds below.

Where it is necessary to obtain your prior consent (Art. 6 (1) (a) GDPR) to the processing concerned in order for us to be allowed to do it, we will obtain and rely on your consent in relation to the processing concerned.
Otherwise, we will process your personal data only where the processing 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 such a contract (Art. 6 (1) (b) GDPR) (for example when you reach us out via Contact web page using Hire Us button);
for the purposes of the legitimate interests (Art. 6(1)(f) GDPR) pursued by us or another person, provided that this will only be in circumstances in which those legitimate interests are not overridden by your interests or fundamental rights and freedoms which require protection of personal data; the following cases fall into this category;
for the fulfillment of the legal obligations of the data controller – the legal basis for the processing of your personal data will be the necessity for compliance with a legal obligation to which the controller is subject (Art. 6(1)(c) GDPR).

You are entitled to lodge a complaint to the relevant supervisory authority in case you believe we violate your rights. You can find a list of local authorities responsible for data protection across the EU and their contact details here. The relevant public authority you can contact in the UK is the Information Commissioner’s Office. Of course, we encourage you to first contact us at privacy@railsware.com.

Users and Visitors from California

This section applies only to California residents. If you are a California resident, you have the following rights in relation to your Personal Information:

To receive information on privacy practices and access information - you may request us to provide you details on privacy practices implemented by Railsware to process your Personal Information as well as request your data we possess.
Access to data - Subject to certain exceptions, if you are a California resident you have the right to request a copy of the personal information that we collected about you during the 12 months before your request. Once we receive your request and verify your identity, we will disclose to you: (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business or commercial purpose for the information collection; (iv) the categories of third parties with whom we share that Personal Information; (v) the specific pieces of Personal Information we collected about you.
Non-discrimination - under no circumstances Railsware will discriminate against you for exercising your rights guaranteed under CCPA.
Sale prohibition - please be aware that Railsware does not sell any of your Personal Information.
Right to deletion - you have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.

Please feel free to contact us via email privacy@railsware.com to exercise any of the rights indicated above.

Users and Visitors from Brazil

If you are located in Brazil, pursuant to Article 3 of the Brazilian General Data Protection Law (“Law No. 13,709/2018” or “LGPD”), this section of the Privacy Policy (together with other relevant sections of the Policy) provides information about the collection, use, processing, and sharing of data about you.

Your country only allows us to use your Personal Information when a certain legal base applies. We collect and process your Personal Information based on the following legal bases:

Your consent - when you based on free will share your Personal Information with us;
Contract - when it is necessary for the execution of a contract or preliminary procedures related to a contract of which you are a party (for example when you reach us out via Contact web page using Hire Us button);
Legal obligation - we may be required to use your Personal Information to comply with the law, like when we respond to valid legal processes or need to take action to protect our customers.
Legitimate interests – this means our general interest in conducting and managing enables us to provide you with the best service. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests.

LGPD provides certain rights to individuals with regard to their personal data. We will respond and/or fulfill your requests for the exercise of your rights below, according to the applicable law and when applicable, to the LGPD, and ensure that the third parties that also process your personal data will also comply with your requests, including the following:

confirmation of whether your Personal Information is being processed;
access to your Personal Information;
correction of incomplete, inaccurate or outdated Personal Information;
anonymization, blocking or erasure of data that is unnecessary, excessive or not processed according to LGPD’s provisions;
erasure of data processing based on the consent of the data subject;
portability of Personal Information to a third party;
object to the processing of personal data, in case of violation of the law;
information of public and private entities with which we shared Personal Information;
information about the possibility to refuse to provide consent to a Personal Information processing activity and the respective consequences, when applicable; and
withdrawal of your consent.

You have the right to file a complaint with the Autoridade Nacional de Proteção de Dados (ANPD). Of course, we encourage you to first contact us at privacy@railsware.com.

Users and Visitors from Bosnia and Herzegovina

This section applies only to residents of Bosnia and Herzegovina. In case you send to Railsware your Personal Information either via the Careers web page or Contact web page you give us your explicit consent to process your Personal Information.

The list of Personal Information you might be requested you can find in the section Information you voluntarily submit to Railsware above. Railsware will act as a controller in relation to such Personal Information.

The purposes for which we need your Personal Information are described in the section For what purposes we need your information.

Please find a detailed explanation of how long we will keep your Personal Information in the section Personal Information Retention.

You can withdraw your consent at any time simply by reaching us via email - privacy@railsware.com.

You have the right to file a complaint with the Personal Data Protection Agency in Bosnia and Herzegovina.

Users and Visitors from Kazakhstan

This section applies only to residents of Kazakhstan.
Please be aware that your Personal Information will be transferred outside Kazakhstan. Detailed information about how Railsware transfers and shares your Personal Information described in section How we use and share your data. Sending your Personal Information to us you give your explicit consent to transfers of your Personal Information, including trans-border transfers. We ensure protection of your Personal Information with the highest security standards. You can find more information about the security measures we follow in section How we ensure Personal Information security.

You can withdraw your consent at any time simply by reaching us via email - privacy@railsware.com.

Users and Visitors from the Philippines

This section applies only to residents of the Philippines. Under Republic Act 10173 – Data Privacy Act of 2012 you have the right to

Be informed that your personal data will be, is being, or was, collected and processed;
Access to find out whether an organization holds any personal data about you and if so, gain “reasonable access” to them;
Object if the personal data processing involved is based on consent or on legitimate interest;
Suspend, withdraw or order the blocking, removal or destruction of your personal data;
Claim compensation if you suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, considering any violation of your rights and freedoms as the data subject;
File a complaint with the National Privacy Commission;
Dispute and have corrected any inaccuracy or error in the data a personal information controller (PIC) hold about you;
Manage your data using a data portability right.

In case you send to Railsware your Personal Information either via the Careers web page or Contact web page you give us your explicit consent to process your Personal Information.

Please find the detailed description of how we share your Personal Information in the section How we use and share your data. By submitting information to Railsware, you give us your consent to share this Personal Information within the Railsware group. By submitting information to Railsware, you give us your consent to cross-border transfers of your Personal Information. We ensure all the security measures and requirements will apply.

You can withdraw your consent anytime simply by reaching us via email - privacy@railsware.com.

You may find a detailed explanation about the data we collect automatically in the section What personal information we collect and receive (b).

We do not request you provide any Sensitive Personal and/or Privileged Information. In case you decide to include any such information in the message or files (e.g. CV) you sent us, you give us your explicit consent to collect and process this Sensitive Personal and Privileged Information. But again, you do not have to share such Sensitive Personal and Privileged Information with Railsware.

You are authorized to file a complaint with the National Privacy Commission..