Privacy Statement

This Privacy Statement was updated on April 7, 2022.

Click here for a printable version of this Privacy Statement.

Click here for previous versions of this Privacy Statement.

About this policy

Protecting the individual’s privacy is crucial to the future of business. We have created this Privacy Statement to demonstrate our firm commitment to the individual’s right to data protection and privacy. This Privacy Statement outlines how we handle information that can be used to directly or indirectly identify an individual.

This is the Privacy Policy (“Policy”) for the websites operated by or on behalf of SAP Litmos and hosted at pages on the following domains: www.litmos.com; and www.orientdb.org (“Site”).

This Policy describes our general privacy policy and practices in relation to SAP Litmos’s Site (navigating the Site, white paper downloads, event registrations, webinars, demo requests, pricing requests, or providing your personal information to us at our corporate events).

This Policy describes how we collect information about you, what we do with that information, and also what controls you have over that information in relation to your use of our Site.

A. General Information

Who is the Controller?

The controller for the Site is Callidus Software Inc., 2700 Camino Ramon #400, San Ramon, CA 94583 (“SAP Litmos”), and its data protection officer can be reached at privacy [@] sap.com. Callidus Software Inc. is a subsidiary of SAP America, Inc. Callidus Software Inc.’s ultimate parent company is SAP SE.

What “Personal Data” does SAP Litmos collect?

When using the Site, we collect and process the following information about you:

Information provided directly by you

Information (such as your name, company name, email address, postal address, state/province, country, and telephone number) that you provide by completing forms on the Site, including information about you if you register as a user of the Site, information about you that you upload or submit to the Site, or information you provide to us when requesting information or material from us;
Information and other details of any transactions made by you through the Site including financial and billing information, account numbers, billing name and address, birth year, credit card number, the total number of employees within the organization that will be using the services and other financial-related information (“Billing Information”) provided by you when making transactions through the Site;
Information contained in communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site (or its content) or the services;

Other additional information that you provide to us when attending our corporate events.

Information about you collected from third parties

We may process your personal information that we have obtained from third parties.

Why does SAP Litmos need your Personal Data?

We will collect and use your information as described in this Policy and as permitted by applicable laws, including in circumstances where it is necessary: (i) to provide or fulfil services requested by or for you; (ii) 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; (iii) for compliance with a legal obligation to which we are a subject; or (iv) to pursue our legitimate interests.

We collect and use your information for the following purposes:

- To perform the services requested by you. For example, if you fill out a “Contact Me” web form, we will use the information provided to contact you about your interest in the services. This data processing is necessary to provide or fulfil a service requested by or for you.

- To plan and host events. For example, corporate events, host online forums and social networks in which event attendees may participate, and populate online profiles in relation to the services. This data processing is necessary to provide or fulfil a service requested by or for you.

- For marketing purposes. For example, we may use your information to further discuss your interest in the services and to send you information regarding SAP Litmos and our group companies and our partners such as information about promotions, events, products, or services. We will only send you marketing communications and updates about our products, services, and events with your prior consent, where required by law or otherwise in our legitimate interests provided these interests do not override your right to object to such communications. You can withdraw your consent at any time.

- In order to keep you up-to-date/request feedback. Within an existing business relationship between you and us, we may inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars or events) which are similar or relate to such products and services you have already purchased or used from us. Furthermore, where you have attended a webinar, seminar or event of SAP Litmos or purchased products or services from us, we may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product, or service.
  You can object to further marketing at any time by checking and updating your contact details within your account, or/and selecting the “unsubscribe” link located on the bottom of SAP Litmos’s marketing emails. Additionally, you may send a request to privacy [@] sap.com.
  
  You have the right to contact us at any time to object to the further processing of your information for the purposes of direct marketing to you, including any profiling related to such marketing.

- For operating and improving SAP Litmos’s Site and your customer experience. For example, we may collect and analyze data on your use of our website and process it for the purpose of improving our online customer experience. Data collected could include data about your device, such as unique device identifiers, information about your mobile phone or other mobile device(s), browser types, browser language, operating system, and the state or country from which you accessed the Site. Data collected could also include information related to the ways in which you interact with the Site, such as referring and exit pages and URLs, platform type, the number of clicks and domain names. This data allows us to understand our customers, their interaction with our website and improve our website to better serve our customers. We may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information. Please see our Cookie Statement for more details. Data processing for analytical and operational improvement purposes is a legitimate business interest.

- For customizing the Site with location-based information, advertising, and features. For example, if location-tracking on your mobile device shows you are close to a SAP Litmos corporate event, we may reach out to you and let you know you should visit our nearby event. If you access the Site through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. This data processing is necessary to provide or fulfil a service requested by or for you, and can be disabled by you. If you access the Site through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this.

- Protection of SAP Litmos and Others. For example, we may disclose your information to: (i) comply with legal obligations; (ii) enforce any agreements that you entered into with us; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; and/or (v) the extent necessary for the purposes of the legitimate interests pursued by us or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subjects. We may also disclose information to law enforcement agencies in emergency circumstances, where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law. This is data processing for compliance with a legal obligation.

- Business Transfers. For example, we reserve the right to disclose and transfer all of your information, to a successor (or potential successor) company in connection with a merger, acquisition, or sale of all, or components, of our business, or in connection with due diligence associated with any such transaction. Data processing for this purpose is a legitimate business interest.

From What Types of Third Parties does SAP Litmos obtain Personal Data?

In most cases SAP Litmos collects Personal Data from you. SAP Litmos might also obtain Personal Data from third parties, if the applicable national law allows SAP Litmos to do so. SAP Litmos will treat this Personal Data according to this Privacy Statement, plus any additional restrictions imposed by the third party that provided SAP Litmos with it or the applicable national law. These third-party sources include:

SAP Group (https://www.sap.com/dam/site/corporate/legal/sap-legal-entities.pdf)’s business dealings with your employer
From third parties we work closely with (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, and search information providers).

How long will SAP store my Personal Data?

SAP Litmos will only store your Personal Data for as long as it is required.

- for the performance of services between you and SAP Litmos;

- to make the Site available to you;

- for SAP Litmos to comply with its statutory obligations resulting from applicable export laws;

- to allow you to participate in our corporate events;

- to the conclusion of activities described in this Privacy Statement as being based upon legitimate business interest or until you object against such use;

- to the conclusion of activities described in this Privacy Statement as being based upon consent or until you revoke your consent;

to fulfill the purposes outlined in this Privacy Statement.

SAP Litmos will also retain your Personal Data for additional periods if it is required by mandatory law to do so, or where your Personal Data is required for SAP Litmos to assert or defend against legal claims. In such case, SAP Litmos will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.

Who are the recipients of your Personal Data and where will it be processed?

Your Personal Data will be passed on to the following categories of third parties to process your Personal Data:

- Companies within the SAP Group (https://www.sap.com/dam/site/corporate/legal/sap-legal-entities.pdf)

- Vicarious agents, e.g. third party servicers for consulting services and other additional related services

- Other service providers, e.g. for the provision of the website or newsletter dispatch

- State agencies and bodies, e.g. based on entry requirements or police activities and investigations

- Our agents, partners or contractors who assist us in providing the services we offer through our Site. The assistance provided by our agents, partners or contractors may be related to our marketing activities such as: updating marketing lists, data analytics, advertising, market research, participation in a contest or sweepstakes, and receiving and sending communications. Transactional assistance may also be provided by our agents, partners or contractors, including: processing transactions, fulfilling requests for information, billing, sales execution, and fulfilment of orders. Other support services provided may include: data storage, transfer, analysis and processing, legal services, providing IT, and in other tasks as requested, from time to time. Our agents, partners and contractors will only use your information to the extent necessary to perform their functions under this Policy and are subject to contractual restrictions prohibiting them from using your information for any other purpose.

To protect SAP Litmos and others: We may disclose any of your information to:
(i) comply with legal process; (ii) enforce any agreements that you entered into with us; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; and/or (v) the extent necessary for the purposes of the legitimate interests pursued by us or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subjects. We may also disclose information to law enforcement agencies in emergency circumstances, where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law.

As part of a global group of companies operating internationally, SAP Litmos has affiliates (the “SAP Group” https://www.sap.com/dam/site/corporate/legal/sap-legal-entities.pdf) and third-party service providers outside of the European Economic Area (the “EEA”) or from a region with a legal restriction on international data transfers and will transfer your Personal Data to countries outside of the EEA. If these transfers are to a country for which the EU Commission has not issued an adequacy decision, SAP Litmos uses the EU standard contractual clauses to contractually require that your Personal Data receives a level of data protection consistent with the EEA. You can obtain a copy (redacted to remove commercial or irrelevant) of such standard contractual clauses by sending a request to privacy [@] sap.com. You can also obtain more information from the European Commission on the international dimension of data protection here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_fr

What are your data protection rights?

You can request from SAP Litmos: access at any time to information about which Personal Data SAP Litmos processes about you and the correction or deletion of such Personal Data.

If SAP Litmos uses your Personal Data based on your consent or to perform a contract with you, you can further request from SAP Litmos a copy of the Personal Data that you have provided to SAP Litmos. In this case, please contact privacy [@] sap.com and specify the information or processing activities to which your request relates, the format in which you would like to receive this information, and whether the Personal Data should be sent to you or another recipient. SAP Litmos will carefully consider your request and discuss with you how it can best fulfill it.

Furthermore, you can request from SAP Litmos that SAP Litmos restricts your Personal Data from any further processing in any of the following events: (i) you state that the Personal Data SAP Litmos has about you is incorrect, subject to the time SAP Litmos requires to check the accuracy of the relevant Personal Data, (ii) there is no legal basis for SAP Litmos processing your Personal Data and you demand that SAP Litmos restricts your Personal Data from further processing, (iii) SAP Litmos no longer requires your Personal Data but you state that you require SAP Litmos to retain such data in order to claim or exercise legal rights or to defend against third party claims, or (iv) in case you object to the processing of your Personal Data by SAP Litmos based on SAP Litmos’s legitimate interest (as further set out below), subject to the time required for SAP Litmos to determine whether it has a prevailing interest or legal obligation in processing your Personal Data.

Please note, however, that SAP Litmos can or will delete your Personal Data only if there is no statutory obligation or prevailing right of SAP Litmos to retain it. Kindly note further that if you request that SAP Litmos deletes your Personal Data, you will not be able to continue to use any SAP Litmos service that requires SAP Litmos’s use of your Personal Data.

How can you exercise your data protection rights?

Please direct any requests to exercise your rights to privacy [@] sap.com.

How will SAP verify requests to exercise data protection rights?

SAP Litmos will take steps to ensure that it verifies your identity to a reasonable degree of certainty before it will process the data protection right you want to exercise. When feasible, SAP Litmos will match Personal Data provided by you in submitting a request to exercise your rights with information already maintained by SAP Litmos. This could include matching two or more data points you provide when you submit a request with two or more data points that are already maintained by SAP Litmos.

SAP Litmos will decline to process requests that are manifestly unfounded, excessive, fraudulent, or are not otherwise required by local law.

Right to lodge a complaint. If you take the view that SAP Litmos is not processing your Personal Data in accordance with the requirements in this Privacy Statement or under applicable data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country where you live or with the data protection authority of the country or state where SAP Litmos has its registered seat.

Can you use SAP Litmos’s Site if you are a minor?
Children. In general, the Site is not directed to users below the age of 16 years, or equivalent minimum age in the relevant jurisdiction. If you are younger than 16, or the equivalent minimum age in the relevant jurisdiction, you cannot register with or use the Site.

B. Processing based on a statutory permission

Why does SAP Litmos need to use my Personal Data and on what legal basis is SAP Litmos using it?

Processing to fulfill contractual obligation

SAP Litmos requires your Personal Data to deliver goods or services you order under a contract SAP Litmos has with you, to establish a contract for goods or services between you and SAP Litmos, and to send you invoices for ordered goods or services.

Additionally, SAP Litmos requires your Personal Data to provide you, at your request, with access to SAP Litmos events or SAP Litmos materials such as whitepapers. SAP Litmos processes Personal Data to fulfill contractual obligations pursuant to Article 6(1), Subparagraph 1(b) GDPR, or the equivalent article under other national laws, when applicable.

Processing to ensure compliance

SAP Litmos and its products, technologies, and services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and of the United States of America. You acknowledge that, pursuant to the applicable export laws, trade sanctions, and embargoes issued by these countries, SAP Litmos is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through SAP Litmos’s websites or other delivery channels controlled by SAP Litmos. This could include (i) automated checks of any user registration data as set out herein and other information a user provides about his or her identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information; (iii) blocking of access to SAP Litmos’s services and systems in case of a potential match; and (iv) contacting a user to confirm his or her identity in case of a potential match. Any such use of your Personal Data is based on the permission to process Personal Data in order to comply with statutory obligations (Article 6 para. 1 lit. c GDPR or the equivalent articles under other national laws, when applicable) and SAP Litmos ‘s legitimate interest (Article 6 para. 1 lit. f GDPR or the equivalent articles under other national laws, when applicable).

Processing based on SAP Litmos’s legitimate interest

SAP Litmos can use your Personal Data based on its legitimate interest (Article 6 para. 1 lit. f GDPR or the equivalent articles under other national laws, when applicable) as follows:

- Fraud and Legal Claims. If required, SAP Litmos will use your Personal Data for the purposes of preventing or prosecuting criminal activities such as fraud and to assert or defend against legal claims.

- Questionnaires and survey. SAP Litmos could invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any data that can be used to identify you. If you nonetheless enter such data in a questionnaire or survey, SAP Litmos will use this personal data to improve its products and services.

- Contract Performance. If you purchase or intend to purchase goods or services from SAP Litmos on behalf of a corporate customer or otherwise be the nominated contact person for the business relationship between a corporate customer (a “Customer Contact”) and SAP Litmos, SAP Litmos will use your Personal Data for this purpose. This includes, for the avoidance of doubt, such steps which are required for establishing the relevant business relationship. In case that an existing Customer Contact informs SAP Litmos that you are his replacement, SAP Litmos will, from the point in time of such notification, consider you to be the relevant Customer Contact for the respective customer until you object as further set out below.

- Creation of anonymized data sets. SAP Litmos will anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve its and its affiliates’ products and services.

- Personalized Newsletter. If you opt-in to receive marketing communications such as newsletters from SAP Litmos, SAP Litmos will collect and store details of how you interact with the newsletters to help create, develop, operate, deliver and improve our newsletter communications with you. This information is aggregated and used to help SAP Litmos provide more useful information and to understand what is of most interest.

- Recordings for quality improvement purposes. In case of telephone calls or chat sessions, SAP Litmos will record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions in order to improve the quality of SAP Litmos’s services.

To keep you up-to-date or request feedback. Within an existing business relationship between you and SAP Litmos, SAP Litmos might inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars or events) which are similar or relate to such products and services you have already purchased or used from SAP Litmos. Furthermore, where you have attended a webinar, seminar or event of SAP Litmos or purchased products or services from SAP Litmos, SAP Litmos might contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product or service.

Right to Object

You can at any time object to SAP Litmos’s use of your Personal Data as set forth in this section by sending an email to privacy [@] sap.com. In this case, SAP Litmos will carefully review your objection and cease further use of the relevant information, subject to SAP Litmos’s compelling legitimate grounds for continued use of the information, which override your interest in objecting, or if SAP Litmos requires the information for the establishment, exercise or defense of legal claims.

Processing under applicable national laws

If the applicable national law allows SAP Litmos to do so, SAP Litmos will use information about you for a business purpose, some of which is Personal Data

to plan and host events
to host online forums or webinars
for marketing purposes such as to keep you updated on SAP Litmos’s latest products and services and upcoming events
to contact you to discuss further your interest in SAP Litmos services and offerings
to help SAP Litmos create, develop, operate, deliver and improve SAP Litmos services, products, content and advertising and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by SAP Litmos
to provide more personalized information to you
for loss prevention
for account and network security purposes
for internal purposes such as auditing, analysis, and research to improve SAP Litmos’s products or services
to verify your identity and determine appropriate services
to assert or defend against legal claims
detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
debugging to identify and repair errors that impair existing intended functionality
Short-term, transient use, provided the personal information is not disclosed to a third party and is not used to build a profile about you or otherwise alter your individual experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by SAP Litmos

C. Cookies and Similar Tools

Information gathered by cookies or similar technologies, and any use of such information, is further described in SAP Litmos’s Cookie Statement. You can exercise your cookie preferences as outlined in SAP Litmos’s Cookie Statement by visiting the “Cookie Preferences” link in the bottom footer of the homepage.
D. Additional Country and Regional Specific Provisions

Where SAP Litmos is subject to certain privacy requirements in the United States, the following also applies:

U.S. Children’s Privacy. SAP Litmos does not knowingly collect the Personal Data of children under the age of 13. If you are a parent or guardian and believe SAP Litmos collected information about a child, please contact SAP Litmos as described in this Privacy Statement. SAP Litmos will take steps to delete the information as soon as possible. Given that SAP Litmos is not directed to users under 16 years of age and in accordance with the disclosure requirements of the CCPA, SAP Litmos does not sell the Personal Data of any minors under 16 years of age.
Where SAP Litmos is subject to certain privacy requirements in the United States in the State of California, the following also applies:

You have the right:

to request from SAP Litmos access to your Personal Data that SAP Litmos collects, uses, or discloses about you;
to request that SAP Litmos delete Personal Data about you;
to non-discriminatory treatment for exercise of any of your data protection rights; and
in case of request from SAP Litmos for access to your Personal Data, for such information to be portable, if possible, in a readily usable format that allows you to transmit this information to another recipient without hindrance.

In accordance with the disclosure requirements under the California Consumer Privacy Act (“CCPA”), SAP Litmos does not and will not sell your Personal Data.

In accordance with the verification process set forth in the CCPA, SAP Litmos will require a more stringent verification process for deletion requests, or for Personal Data that is considered sensitive or valuable, to minimize the harm that might be posed to you by unauthorized access or deletion of your Personal Data. If SAP Litmos must request additional information from you outside of information that is already maintained by SAP Litmos, SAP Litmos will only use it to verify your identity so you can exercise your data protection rights, or for security and fraud-prevention purposes.
In addition to contacting SAP Litmos at privacy [@] sap.com, you may also exercise your rights as follows:
You can call toll-free to submit a request using the numbers provided here: https://www.sap.com/about/legal/impressum.html. You can also designate an authorized agent to submit requests to exercise your data protection rights to SAP Litmos. Such authorized agent must be registered with the California Secretary of State and submit proof that you have given authorization for the agent to act on your behalf.
Contact us

Have additional privacy questions or need further info?

If you have any questions, comments, or concerns regarding this Policy or SAP Litmos’s privacy practices, they may be submitted via email to privacy [@] sap.com, or in writing by addressing your inquiries to:

Callidus Software Inc.
2700 Camino Ramon, # 400
San Ramon, CA 94583
Attn: Legal

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