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Privacy Policy

Legal & Privacy

 Linium is a Ness Digital Engineering Company. Your use of this Website is subject to the following Terms and Conditions. By accessing this Website, you acknowledge that you have read and accept the Terms and Conditions.

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 when you interact with us

If 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

Our legal basis for processing personal information that you provide when you contact us is that it is necessary for our legitimate interests in conducting and developing our business and meeting and anticipating the requirements of our current and prospective customers.

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.

 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.

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 organisation 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.

Our legal basis for processing your personal information is that it is necessary for our legitimate interests in conducting and developing our business, assessing job applications and meeting and anticipating the requirements of our current and prospective customers.

Information we collect automatically

We collect non-personal information about your visit to our Website. This information may include the Uniform Resource Locator (URL) that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not) and what browser you are using. 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.

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.

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:

__hstc

The main cookie for tracking visitors. It contains the domain, utk (see below), initial timestamp (first visit), last timestamp (last visit), current timestamp (this visit), and session number (increments for each subsequent session).

(Expires: 2 years)

hubspotutk

This cookie is used for to keep track of a visitor’s identity. This cookie is passed to HubSpot on form submission and used when de-duplicating contacts.

(Expires: 10 years)

__hssc

This cookie keeps track of sessions. This is used to determine if we 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. We set it to 1 and use it to determine if the user has restarted their browser. If this cookie does not exist when we manage cookies, we assume it is a new session.

(Expires: None. Session cookie)

CloudFlare:

__cfduid

The CloudFlare cookie is used by the “Gravity Forms to HubSpot” plugin to identify trusted web traffic when delivering information to HubSpot. It will distinguish users behind a shared IP address and apply security settings to them.

(Expires: 1 year and 6 months)

International transfers of personal information

Your personal information may be transferred to recipients located outside 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.

Ness updates

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.

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.

Retention of personal information

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 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.

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 to how We process your personal information. Please contact us here 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.

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.

Changes to this policy

Date of last update: May 24, 2018

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.

 

Ness Group Companies

Controllers

Country

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 Hungary Kft

Hungary

Ness S.A.

Switzerland

Ness Technologies RO SRL

Romania

 

Terms of Use

Acknowledgement of Terms

This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and Ness Technologies, Inc. (“NESS”). By using or accessing this NESS Website (“Website”) or the Software (“Software”), Services (“Services”), and Content (“Content”) provided therein (and as hereinafter defined), you agree that you have read and understand this Agreement, and fully agree to all of the terms and conditions in this Agreement, which may be modified from time-to-time by NESS. If you do not agree to the provisions in this Agreement, you must not use or further access the Website, Content, Software, or Services. This Agreement, together with NESS’ Privacy Policy, constitutes the entire agreement between you and NESS regarding the Website, Services, Software, and Content and supersedes and replaces any and all prior or contemporaneous agreements between you and NESS.

Amendments

NESS will post online any changes to its Privacy Policy and this Terms of Use.  You can determine the date of the last change by noting the effective date of these documents.  Your continued access to and usage of the Website or use of the Services signifies your agreement to any such modifications to the Privacy Policy and this Terms of Use. We encourage you to periodically review the Privacy Policy and this Terms of Use. You may at any time print, download and/or store a copy of the Privacy Policy and this Terms of Use.

Password and Security

Certain Services available on the Website require that you register with NESS using a User Name and a Password. You are solely responsible for maintaining the confidentiality of any such User Name and Password and are fully responsible for all activities that occur under your User Name, Password, or the account accessed pursuant to these. You agree to (i) immediately notify us of any unauthorized use of your User Name, Password, or account or any other breach of security, and (ii) ensure that you logoff from your account at the end of each session. NESS cannot and will not be liable for any losses or damages arising from your failure to comply with these provisions.

This Website uses industry-standard security measures such as secure sockets layer protocol (“ssl”) to protect the transmission of your information to and from the website in accordance with this terms of use and THE privacy policy. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Although NESS strives to protect your information, NESS cannot ensure or warrant the security of any information transmitted to or from the website. You are solely responsible for maintaining the secrecy of your user names, passwords, and/or any other account information.

Collaboration with Third Parties

NESS works with certain third parties (“Third Parties”) to provide the Content, Services, and the Software available on this Website and to provide links to other websites. These third parties include, but are not limited to service providers, web hosting providers, technology providers, and the like.  These entities may supply information for posting or access to this Website, but they do not control the content or policies of this Website.  NESS does not endorse, sponsor, or recommend any third party product or service or hypertext links to third parties or other information by trade name, trademark, NESS name, etc.  ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.

Intellectual Property

You acknowledge and agree that the Website, Services, Content (i.e., any items accessible on the Website) and any Software, including, but not limited to, applets, web modules, web-enabled programs, and all other types of software, used in connection with the Website, Services, and Content, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized in writing by NESS in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on the Website, Services, Content, or Software, in whole or in part for any purpose whatsoever.

Failure to adhere to these provisions could subject you to serious penalties under federal copyright law and other federal, state, and/or local laws, where applicable.

NESS grants you a personal, non-transferable and non-exclusive right and license to use the Website, Services, Content, or Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website, Services, Content, or Software. You agree not to modify Software in any manner or form, or to use modified versions of Software for any purpose whatsoever, including (without limitation) for the purpose of obtaining unauthorized access to the Website, Services, Content, or Software. You agree not to access the Website, Services, Content, or Software by any means other than through the interface that is provided by NESS for doing so.

NESS’ trade names and design marks are trademarks and/or service marks (“marks”) of NESS. No display or use of such marks may be made without the express written permission of NESS.

NESS respects the intellectual property rights of others. If you believe that any Services, Content, or Software available on our Website or any other activity taking place on the Website constitutes infringement of a work protected by copyright law, please notify us so that we may respond to any such concerns by contacting us at the address provided below:

NESS Technologies, Inc.

300 Frank W. Burr Boulevard, 7th Floor

Teaneck, NJ 07666

Links to Other Websites

The Website may provide links to the Websites or services of other third-party sites. Links to such third-party sites do not constitute any endorsement by NESS of such third-party sites, or the quality, fitness, suitability, accuracy, or appropriateness of the products, content, materials or information presented or made available by such sites. You acknowledge and agree that NESS, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.

Modifications to Website/Services/Content/Software

You acknowledge and agree that NESS may change, modify, amend, suspend or discontinue any aspect of the Website, Software, Services, or Content at any time, without notice and without liability to you or any OTHER third party.

Disclaimer of Warranties

ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF INFORMATIONAL CONTENT.  ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.

NESS, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE OR THE SERVICES, WILL BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT SHALL NESS, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEBSITE OR ANY SERVICES OR CONTENT OR SOFTWARE MADE AVAILABLE ON OR THROUGH THIS WEBSITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NESS, ITS SERVICE PROVIDERS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THE CONTENT, SERVICES, OR SOFTWARE OR ANY DECISION MADE IN RELIANCE ON THE CONTENT SERVICES, OR SOFTWARE, CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEBSITE IS TO DISCONTINUE USING THIS WEBSITE AND THE RELATED CONTENT, SOFTWARE, AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Choice of Law and Venue

This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania and the United States, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Allegheny County, Commonwealth of Pennsylvania.

Waiver

The failure of NESS to exercise or enforce any right or provision of this Agreement will not deem a waiver of such right or provision. 

Survival

The following provisions shall survive the termination of this Agreement and shall apply indefinitely: 

  • Password and Security
  • Collaboration with Third Parties
  • Intellectual Property
  • Disclaimer of Warranties
  • Limitation of Liability
  • Severability
  • Choice of Law and Venue
  • Waiver
  • Survival