OctoPerf Privacy Policy¶

Privacy Version Date: February 2024

Overview¶

This Privacy Policy explains how OctoPerf ("we", "us", "our" or "OctoPerf") collects, uses and shares your "Personal Information" - information that identifies, relates to, describes or is capable of being associated with you as a particular individual, such as your name, address, email address or telephone number - and other data through your use of any of OctoPerf's websites, services, application programming interfaces ("APIs") or software (collectively, the "OctoPerf Service").

This Privacy Policy does not apply to the practices of companies that OctoPerf does not own or control or to people that OctoPerf does not employ or manage. Your use of the OctoPerf Service is subject to this Privacy Policy in effect at the time of your use.

By using OctoPerf Service, you consent to the collection and use of your Personal Information, as outlined in this Privacy Policy. You are not obligated to provide us with your Personal Information, however, we will not be able to provide you with the OctoPerf Service without the receipt thereof. OctoPerf reserves the right to update and change this Privacy Policy from time to time without notice or acceptance by you, so please check this page frequently for updates and changes.

Personal Information Collection¶

When you create a OctoPerf account, we ask for information such as your name, company name or affiliation and email address. OctoPerf collects the email addresses of people who communicate with OctoPerf via email, create accounts or post topics on our website. OctoPerf may also collect Personal Information provided by users (for example, through posts or site registrations).

When posting content on or through the OctoPerf Service, please keep in mind that any Personal Information you post may be viewed by others. OctoPerf may collect information about your transactions with us and/or with our business partners. This information might include information necessary to process payments, such as billing information and your credit card number.

OctoPerf may obtain information about you from service providers engaged in the business of marketing data.

OctoPerf may receive Personal Information from third parties when you authorize such third parties to authenticate or identify you to OctoPerf or sign in to the OctoPerf Service using credentials from a third party service.

OctoPerf may receive information about you from our business partners with which you have an account, service relationship or transaction history.

You must be above 18 years old to join our OctoPerf Service. We do not knowingly collect Personal Information from visitors under the age of 18.

Personal Information Use¶

OctoPerf uses, in accordance with applicable laws, Personal Information it collects for the following general purposes:

Analytics and reporting,
Billing, identification and authentication,
Conduct research to improve the OctoPerf Service,
Contact,
Estimate and report our total audience size and traffic,
Help combat fraud and abuse,
Improvement of services,
Products and services provision,
Provide analytics and reporting,
Research.

You will automatically be subscribed to receive optional email messages such as newsletters or promotions, you may choose to unsubscribe at any time, by following the unsubscribe instructions included in each email message. In addition to these optional email messages, OctoPerf may contact you via any email address you provide to us with transactional or relationship messages such as account status messages, security updates or notifications of changes in the terms of your account or the OctoPerf Service.

These types of transactional or relationship email messages are not optional. OctoPerf may automatically receive and record information on our server logs from your browser, including your IP address, cookies and the pages you request. This information may be used for various purposes, including to:

Diagnose and prevent service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
Estimate the total number of users visiting the OctoPerf Service from specific geographical regions.
Help determine which users have access privileges to certain content, services or resources that we offer.

OctoPerf may combine information about you in our possession with information we obtain from business partners or others. When you send an email or other communication to OctoPerf, we may retain those communications in order to process and respond to your requests and improve our OctoPerf Service. Please do not send us any communication which contains confidential information. Since we are not able to evaluate whether such communication contains confidential information or not, we may retain or use such confidential information as described in this Policy and such retention or use shall not be deemed as a breach of any of our obligations herein.

OctoPerf does not share Personal Information collected from your use of the OctoPerf Service with others, except as described in this Privacy Policy. OctoPerf may share your Personal Information when you have authorized OctoPerf to do so, when it is necessary to complete a transaction, to operate or improve the OctoPerf Service, or to take some action that you have asked us to do.

OctoPerf will share your email address with companies that are clients of the OctoPerf Service when you authorize OctoPerf to do so. How such companies use your email address is subject to those companies' own privacy policies, not this Privacy Policy. OctoPerf may share Personal Information under the following circumstances:

In the course of operating our business, it may be also necessary or appropriate for us to provide access to your Personal Information to our hosting partners for the aforementioned purposes, in which case their use of your Personal Information will be according to their terms of use and privacy policy. We may disclose general aggregated non-personal information about our users to potential business partners, investors, or the public, but we will not, without your specific permission, disclose any of your Personal Information to third parties.
We may share your Personal Information if we believe it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our various terms of service or as otherwise required by law.
We may share your Personal Information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights, to defend against legal claims or in such circumstances where such disclosure is required according to applicable law or court order.
In the course of operating our business, it may be necessary or appropriate for us to provide access to your Personal Information to others such as our employees, service providers, contractors and vendors so that we can provide the necessary hardware, software, networking, storage, and related technology required to operate, develop or improve the OctoPerf Service. These individuals are bound by confidentiality obligations that are consistent with this Privacy Policy and that limit others' use or disclosure of this Personal Information.

Except as described herein, we do not disclose your Personal Information or share it with third parties. As we continue to develop our business, we may sell all or part of our business. In such transactions, Personal Information collected from users is generally one of the business assets that will be transferred. The transferred Personal Information will remain subject to this Privacy Policy or subsequent policies to which you have consented.

Cookies¶

A "cookie" is a small amount of data, which typically includes an anonymous unique identifier, which is sent to your browser and stored on your computer's hard drive when you view a webpage, an advertisement, a video or other types of content. You can configure your browser to accept all cookies, reject all cookies or notify you when a cookie is set. If you reject all cookies, or specifically reject cookies set by OctoPerf, you may not be able to take full advantage of features of the OctoPerf Service that require you to be signed in to your account or otherwise identify yourself. OctoPerf uses cookies for a number of purposes, including to:

Identify you as an account holder.
Require you to re-enter your password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.
Keep track of preferences you specify while you are using OctoPerf's Sites, Services and Software.
Estimate and report our total audience size and traffic.
Conduct research to improve the OctoPerf Service.

OctoPerf's vendors, service providers and business partners may set and access their own cookies on and through the OctoPerf Service. How other companies use their own cookies and the information they gather is subject to those companies' own privacy policies, not this Privacy Policy.

Other Data Being Collected¶

In addition to Personal Information, we may also use other technologies to collect anonymous non personally identifiable information on your use and interaction with the OctoPerf Service. Such information may include, but shall not be limited to, number of users and signups, acquisition channels, top landing pages, number of users by location, number of sessions and their average duration, number of page viewers, conversion rates etc. OctoPerf may use such information in any manner permitted by applicable laws.

Data Retention¶

OctoPerf reserves the right to retain your Personal Information, other data collected about you and content you submit to or through the OctoPerf Service for as long as your account is active and as needed to provide our OctoPerf Service. If you wish to cancel your account or that we no longer use or hold your Personal Information, please contact us via contact@octoperf.com. We may also retain and use your Personal Information, other data collected about you and content you submit to or through the OctoPerf Service, to the extent required by applicable laws, rules and regulations and as reasonably necessary to protect our legal interests.

Network Communications And Data Storage¶

We use industry standard security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These measures include internal reviews of our data collection, storage and processing practices and security measures. However, no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

Governing Law - Dispute Resolution¶

This Privacy Policy shall be construed in accordance with and governed for all purposes by the substantive laws of the State of France without regard to conflicts of law provisions. You agree that any claim or dispute you may have against OctoPerf and its affiliates, directors, officers, employees and representatives must be resolved by a court located in Marseille, France, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Any Question¶

Any questions about this Privacy Policy should be addressed to contact@octoperf.com.