OPSWAT Privacy Policy
Last Updated: June 25, 2024
Table of Contents
- Summary
- Contact Us
- How We Process Your Personal Data
- Cookies and Similar Technologies
- Legal Basis for Collecting and Using Your Personal Data
- Disclosures
- International Transfers
- Security
- Data Retention
- Your Rights
- For California Residents
- Children’s Privacy
- Links to Third-Party Sites
- Product-Specific Disclosures
Summary
OPSWAT Inc. and its subsidiaries (“OPSWAT”, “we”, “us”, and “our”) take data protection very seriously, and we are fully committed to protecting your information. This privacy policy explains:
- the personal data we collect from you;
- how we use your personal data (including how we disclose or transfer your personal data); and
- your rights with respect to your personal data.
IMPORTANT:
“Personal data” means any data relating to an identified or identifiable natural person, including but not limited to your name, contact information (e.g., your email address, postal address, or telephone number), and your IP address.
Although you do not have to provide any of your personal data to us, if we ask you to do so and you refuse, we will not be able to provide you with the information, goods, or services you want from us to the extent your personal data is required.
We update our privacy policy from time to time, and we will notify you of any material changes by posting the new policy and revising the “Last Update” date at the top of the policy.
Contact Us
If you have any questions or concerns, please contact us by email at legal@opswat.com or by mail to:
OPSWAT Inc.
Attn: General Counsel
5411 Skycenter Dr,
Ste 900,
Tampa, FL 33607 USA
Additionally, if you would like to contact our EU Data Protection Officer, please email our DPO at privacy@opswat.com.
How We Process Your Personal Data
For website visitors, if you use our website at OPSWAT.com and/or any OPSWAT-associated sites existing as subdomains:
Activity | Personal Data We Collect | How We Use Your Personal Data | Legal Bases for Processing |
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Your general use of our websites |
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Submitting a request to us through our websites (e.g., through our “Contact Us” or “Subscribe” forms and live chat) |
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If you interact with the Chatbot on one of our websites |
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For customers, if you make a purchase through any of our online stores or any third-party e-commerce store:
Activity | Personal Data We Collect | How We Use Your Personal Data | Legal Bases for Processing |
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Making a purchase through our online stores |
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IMPORTANT:
If you make a purchase through our online stores with a credit card, your credit card information is processed directly by OPSWAT’s payment processing vendor. OPSWAT does not store or directly process your credit card information.
For users of our products and services, if you create an account through one of our websites (including OPSWAT Portal) or for any of our products:
Activity | Personal Data We Collect | How We Use Your Personal Data | Legal Bases for Processing |
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Creating an account on My OPSWAT or through one of our associated websites |
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For users of our products and services, if you use our products and services:
Activity | Personal Data We Collect | How We Use Your Personal Data | Legal Bases for Processing |
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If you are invited to your organization’s account |
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Using our products and services |
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Reporting an issue with one of our products |
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Providing professional services or support to you |
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For users of OPSWAT Academy, if you use OPSWAT’s e-learning platform (OPSWAT Academy):
Activity | Personal Data We Collect | How We Use Your Personal Data | Legal Bases for Processing |
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Enrolling in courses |
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IMPORTANT:
If you make a purchase through our e-learning platforms with a credit card, your credit card information is processed directly by OPSWAT’s payment processing vendor. OPSWAT does not store or directly process your credit card information.
Other ways in which OPSWAT processes personal data:
Activity | Personal Data We Collect | How We Use Your Personal Data | Legal Bases for Processing |
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For prospective customers, marketing to you |
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For suppliers, purchasing products and services from you |
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For independent contractors, receiving services from you or providing services to our customers |
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For resellers and business partners, establishing and maintaining our business relationships |
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For in-person visitors, visiting one of our locations |
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Marketing
OPSWAT (or our resellers or other selected third parties acting on our behalf) would like to contact you from time to time in order to provide you with information about products and services that OPSWAT assesses to be of interest to you. You have the right to ask OPSWAT not to process your personal data for certain or all marketing purposes, but if you do so, OPSWAT will need to share your contact information with third parties for the limited purpose of ensuring that you do not receive marketing communications from them on OPSWAT’s behalf.
Sensitive Personal Data
We do not intend to collect sensitive personal data from you (unless we are legally required to do so). Examples of special category information include race or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, genetic data, biometric data, sexual life or sexual orientation, and criminal records.
We ask that you do not provide us with sensitive personal data when using our products and services.
Automated Decision Making
We do not use your personal data for automated decision making or profiling.
Legal Basis for Collecting and Using Your Personal Data
Our legal basis for processing your personal data will depend on the personal data we collect and the context in which we collect such data. However, we will normally collect personal data from you only where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. In some cases, we also have a legal obligation to collect personal data from individuals or otherwise need the personal data to protect a person’s vital interests or those of another person.
If we collect and use your personal data in reliance on our legitimate interests (or those of any third party) other than as described in this privacy policy, we will make clear to you at the relevant time what those legitimate interests are.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us using the contact details provided under the “Contact Us” heading.
Disclosures
OPSWAT discloses personal data to third parties under the following circumstances:
- Our Affiliates: We disclose personal data to our affiliates to provide services and support and for the purposes otherwise described in this privacy policy.
- Service Providers: We disclose personal data to third-party service providers to provide us with services such as website hosting and professional services, including information technology services, payroll services, auditing services, consultancy services, regulatory services, and legal services in other countries. For our customers, please see our list of subprocessors located at https://www.opswat.com/legal/subprocessors.
- Business Partners: We provide personal data to our channel partners, such as distributors and resellers, and to other business partners, to fulfill product and information requests, to effectively deliver unified support, and to provide customers and prospective customers with information OPSWAT and its products and services.
- Compliance with applicable law: When necessary, we disclose personal data to law enforcement, regulatory and other government agencies, and to professional bodies and other third parties as required by and/or in accordance with applicable laws or regulations (including responding to public authorities to meet national security or law enforcement requirements).
- Exercising our legal rights: When necessary, we disclose personal data as necessary to exercise, establish or defend our legal rights.
- Business transfers: We disclose or transfer personal data in connection with, or during negotiations of, any merger, sale of company assets, financing, acquisition, dissolution, corporate reorganization or similar event. If we disclose your personal data in connection with such an event, we will inform any buyer that your personal data shall only be used in accordance with this privacy policy.
- Vital interests: We disclose personal data if required in urgent circumstances to protect the personal safety of individuals or the general public.
- With your consent: We disclose your personal data for any other purpose with your consent.
International Transfers
OPSWAT’s global organizational structure requires the global transfer of personal data to OPSWAT’s affiliates. Consequently, the personal data you provide to us will be transferred across state or country borders, including to countries outside the country in which you reside (including to countries outside the European Economic Area (“EEA”), the United Kingdom, and Switzerland). OPSWAT also transfers your personal data internationally to service providers, business partners, and other third parties (as described in the “Disclosures” section). Some of these recipients process personal data outside of countries considered “adequate” by certain supervisory authorities, including the European Commission. If such an international transfer occurs, we will protect your personal data by taking contractual or other steps in accordance with applicable law. For transfers from the EEA, the United Kingdom, or Switzerland to non-adequate countries, we have implemented the European Commission’s Standard Contractual Clauses.
Security
We use technical and organizational measures to protect your personal data from accidental or unlawful loss, destruction of, or damage to personal data. However, while we strive to protect personal data, we cannot guarantee the security of the personal data provided to us. Although we use appropriate security measures, once we have received your personal data, the transmission of data over the Internet (including via email) is never completely secure. We urge you to protect your personal data when using the Internet by, for example, changing passwords often, using a combination of letters, numbers, and special characters (for example, % and $ and +), and making sure to use a secure browser.
Data Retention
We store your personal data for different time periods depending on the type of personal data we have, our stated business purpose for such data, our legal obligations and rights, and our agreements with you. We will retain your information for as long as we have a legitimate business purpose to do so, for no longer than is required or permitted by law. Please note that, pursuant to certain privacy laws, you also have the right to request the deletion of your personal data, as described in the “Your Rights” section.
Your Rights
If there are applicable privacy laws in your jursidiction, you have the following rights regarding your personal data (which you can invoke by going to Data Subject Request Form):
- Right to access your information: You have the right to request access to the personal data that we hold about you, including access to duplicates of the personal data retained.
- Right to correct your information: If your personal data is inaccurate or incomplete, you can ask us to correct your information.
- Right to suspend processing: You have the right to request that we stop processing your personal data in certain circumstances, including when you believe that the information we hold about you is inaccurate or unlawful.
- Right to port your data to another party: You have the right to receive the personal data concerning you, in a structured, commonly used and machine-readable format, and have your information transferred to another party.
- Right to delete: You have the right to request we delete your personal data. If we delete your personal data, you will lose access to OPSWAT services requiring you to maintain registration with us of a user account ("User Account"). Additionally, please note that, in certain cases, we have an overriding legitimate basis for retaining your personal data (e.g., if your User Account is linked to a commercial transaction with OPSWAT where you are making payments to us or we are making payments to you).
- Right to object: When we process your personal data based on legitimate interests, you have the right to object to this processing. If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds under applicable law (e.g., your data is necessary for us to establish, exercise, or defend our legal rights).
- Right to complain to a supervisory authority: You have the right to lodge a complaint with your applicable supervisory authority.
- Right to withdraw consent: You have the right to withdraw consent that you’ve previously provided to OPSWAT.
For California Residents
Please see our California Consumer Privacy Act Notice.
Children’s Privacy
We understand the importance of protecting children's privacy and we never knowingly collect personal data about individuals under the age of 18.
IMPORTANT:
If you are under 18 years of age, we ask that you do not use our products and services.
Links to Third-Party Sites
As you use our products and services, if you link to third-party sites not controlled by us and which do not operate under our privacy practices, our privacy practices no longer apply. We encourage you to review each third-party site's privacy policy before disclosing any personal data.
Product-Specific Disclosures
These product-specific disclosures include additional detail regarding how we process your personal data.
MetaDefender Access
If your device is monitored by an administrator, MetaDefender Access provides your administrator access to the following data. Your administrator has the ability to restrict access to personal data from being transferred and stored in MetaDefender Access, including username, host name, public IP, MAC address, local IP address, serial number, geolocation, and application details.
Data We Collect | How We Use Your Data |
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If your administrator chooses the option within MetaDefender Access to collect information regarding other devices you connect to the network with MetaDefender Endpoint installed, MetaDefender Access will collect information regarding such devices, including:
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IMPORTANT:
Please note that your administrator has the option to enable “Network Discovery,” a feature within MetaDefender Access that allows your administrator to monitor the networks you connect with your device running MetaDefender Endpoint. If you connect your device running MetaDefender Endpoint to networks other than your company’s network, your administrator has the ability to see limited information about such other networks and the devices connected to such other networks, including local IP addresses, MAC addresses, hostnames, device types, and OS types. If you have any questions or concerns about Network Discovery, please contact your administrator.
If you are using the personal version of MetaDefender Access, please note that we process the following personal data:
Data We Collect | How We Use Your Data |
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IMPORTANT:
Please note that the retention period for your data is configurable by your administrator under commercial subscription for MetaDefender Access. By default, your data is retained for thirty (30) days.
The following personal data is collected but de-identified and stored separately to protect your privacy.
Data We Collect | How We Use Your Data |
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Information regarding running processes, including:
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High-level OS/device information, including:
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Information regarding application lists, including:
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Information regarding anti-malware products on your devices, including:
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Information regarding your installed system drivers, including:
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Your MetaDefender Endpoint Security SDK Account Token |
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MetaDefender Core Platform
Your Activity | Data We Collect | How We Use Your Data |
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If you activate the MetaDefender Core Platform license key |
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If you configure MetaDefender Core Platform to automatically install updates |
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If you use MetaDefender Drive and consent to uploads to MetaDefender Cloud |
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If you use MetaDefender ICAP Server | The support package created by the support tool includes the following:
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If you use MetaDefender Managed File Transfer and your instance is integrated to your Microsoft Active Directory |
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If you use MetaDefender Storage Security | The support package created by the support tool includes the following:
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If you use the Central Management support tool to create and send us a support package | The support tool generates a support package called “mdcentralmgmt-support-<TIMESTAMP>.tar.gz” for Linux and “mdcentralmgmt-support-<TIMESTAMP>.zip” for Windows which includes:
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MetaDefender Cloud
Your Activity | Data We Collect | How We Use Your Data |
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When you upload data from your browser |
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IMPORTANT:
For Commercial and Enterprise customers, MetaDefender offers two features to protect personal data:
(1) Private Scanning: Ensures deletion of your files within twenty-four (24) hours after scanning; and
(2) Private Processing: Ensures that the results of your scan are only available to the person who scanned the file with the API key.
When you scan data using MetaDefender Cloud, MetaDefender Cloud will process personal data as follows:
Personal | Commercial/Enterprise Without Private Scanning | Commercial/Enterprise, Private Scanning Selected | |
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Data We Collect |
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How We Use Your Data |
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Data Retention |
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If you make a purchase through Stripe (our online store provider), please note that OPSWAT will not have access to your payment information, since payment transactions are entirely processed through Stripe. Stripe is certified as a PCI Level 1 Service Provider. Please refer to Stripe’s Privacy Policy for further detail regarding how Stripe processes your payment information.
Mobile App
Your Activity | Data We Collect | How We Use Your Data |
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If you install the OPSWAT Mobile App |
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If you enroll your device to a MetaDefender Access account | Refer to MetaDefender Access Product-Specific Disclosures |
Central Management
Your Activity | Data We Collect | How We Use Your Data |
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If you install Central Management v. 7.x |
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If you install Central Management v. 5.x | Refer to MetaDefender Platform Product-Specific Disclosures | |
If your device is monitored by an administrator |
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My OPSWAT
Your Activity | Data We Collect | How We Use Your Data |
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When you register for a My OPSWAT account |
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If you are invited to your organization’s account |
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When you activate a license key |
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When you browse the product page |
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If you download a deployment report for a license key |
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If you use My OPSWAT to manage your OPSWAT products |
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If you submit a support case through My OPSWAT | Troubleshooting logs, which include:
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If you pay an invoice through PayPal |
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Additionally, to the extent you use My OPSWAT to manage your OPSWAT product(s), such product instances have the ability to report data to My OPSWAT. Please refer to the applicable Privacy Policy for your OPSWAT product(s) for more details regarding the personal data processed by such product(s).
MetaDefender Sandbox
When you use the Software-as-a-Service version of MetaDefender Sandbox and you upload data to MetaDefender Sandbox, we process the following personal data:
Community Version | Commercial Version | |
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Data We Collect |
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How We Use Your Data |
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When MetaDefender Sandbox is installed on-premises, OPSWAT does not have access to the files you upload to MetaDefender Sandbox for processing.
WARNING:
Your network connection used for MetaDefender Sandbox should be separate from any other network connection. Using the product in any other way (e.g., a shared connection with your internal network) is a serious threat to the data protection of any files analyzed by MetaDefender Sandbox. You assume sole responsibility for failing to establish a separate network connection for MetaDefender Sandbox.
MetaDefender Netwall
By default, OPSWAT does not have access to your personal data when you use MetaDefender Netwall, since MetaDefender Netwall is deployed on-premises. OPSWAT will only process your personal data in the following instances:
Your Activity | Data We Collect | How We Use Your Data |
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When you create a local user account |
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When you choose the option to connect to FTP or Windows File shares |
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When you ask OPSWAT support representatives to investigate an issue with MetaDefender Netwall and provide OPSWAT with log files |
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MetaDefender OT Access
Your Activity | Data We Collect | How We Use Your Data |
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If MetaDefender OT Access is hosted by OPSWAT and you create an account with us |
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When you ask OPSWAT support representatives to investigate an issue with MetaDefender OT Access and provide OPSWAT with log files |
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MetaDefender Industrial Firewall
If the MetaDefender Industrial Firewall management console is not used, then OPSWAT does not collect any personal data from you.
If the management console is used the following data is collected:
Your Activity | Data We Collect | How We Use Your Data |
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You create an account with us |
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When you ask OPSWAT support representatives to investigate an issue with MetaDefender Industrial Firewall and provide OPSWAT with log files |
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MetaDefender Email Gateway Security
If you deploy MetaDefender Email Gateway Security on-premises, OPSWAT does not process your emails. However, if you report an issue to us, OPSWAT processes your personal data as follows:
Your Activity | Data We Collect | How We Use Your Data |
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If you ask us to troubleshoot an issue |
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If you use MetaDefender Cloud Email Security, we process your personal data as follows:
Your Activity | Data We Collect | How We Use Your Data |
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Creating an account |
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When you use MetaDefender Cloud Email Security to scan your email |
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If you ask us to troubleshoot an issue |
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IMPORTANT:
Please note that MetaDefender Cloud Email Security retains any emails you scan. If you are an administrator, you have the option to configure your version of MetaDefender Cloud Email Security to automatically delete any retained emails and email history on a regular basis (ranging from every hour to every twelve months).
Cybersecurity Assessment
If you participate in a Cybersecurity Assessment provided by OPSWAT or one of its subcontractors, OPSWAT processes personal data as follows:
Your Activity | Data We Collect | How We Use Your Data |
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If you participate in any cybersecurity assessment |
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If you participate in an Email Risk Assessment |
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