Privacy Policy

Apex Software Technologies, Inc. d/b/a Apex Payroll (“Apex”) is dedicated to and values the privacy of the users of our web sites and mobile applications, as well as those of our partners and affiliates. We work diligently to make our user experience safe and secure. This Privacy & Security Statement (this “Statement”) explains the information we gather, how we use it, and how to correct or change it. We may choose to revise our privacy policy from time to time and if we do, we will revise this Statement.

A Special Note for International Visitors:  Much of our computer systems are currently based in the United States, so your personally identifiable information will be processed by us in the United States, where data protection and privacy regulations may be different than other parts of the world, such as the European Union.  If you visit our websites or use the Services as a visitor from outside the United States, you are agreeing to the terms of this Statement, and you will have consented to the transfer and processing of all such information in the United States, which may not offer an equivalent level of protection of that in the European Union or certain other countries.

1. Collection of Personal Data. We collect particular personal data, including but not limited to your name, address, E-mail address, user identification, geographic location, social security number, and taxpayer identification numbers by asking you or your employer, or your employer’s payroll provider, to provide it to us in order to utilize our payroll processing services (the “Services”), which may be provided via one or more websites or mobile applications. You are not required to provide this data. However, your disclosure of certain personal information is necessary for certain functions of our Services to work properly. If you choose to disclose this data or otherwise use our Services, you agree to the terms of this Statement and consent to the collection of this data. If you choose not to submit this data or do not consent to our collection of this data, you will not be able to use certain functions of our Services. Please note that your employer or your employer’s payroll provider may still provide us with personal data in connection with our provision of the Services; in such event, your employer or its payroll provider provides consent, on your behalf, for our use and processing of such data in accordance with this Statement. If you have any questions regarding such disclosure by your employer or your employer’s payroll provider, please contact your employer.
   
   

We use your personal information to create your account, administer the Services, identify account holders, provide you access to your account, process your requests for services, and provide customer services to you with respect to such requests for services and send you important communications and as otherwise described below.  Except as set forth in this Statement, we do not disclose your personal data to unrelated parties.

2. Collection and Use of Anonymous Data. When you visit our web sites or use our mobile applications, our computer system(s) automatically collect statistical data about your visit. This data does not identify you personally, but identifies information about the visit to our web site or mobile application. Some of this data is what you send to us and the remainder is what we collect through the use of ‘cookies’ (small data files are written on your hard drive when you visit a web site), which, for example, allow us to track data about how the web site is used, where you go and how long you stay. We may monitor statistical data, such as how many people visit our web site, the user’s IP address, the web pages people visit, from which domains our visitors come from, and the browsers people use. We use statistical data about your visit to our web site for aggregation purposes only, and to help Apex improve the performance of our web sites and mobile applications.
   
   

We may also track and analyze similar non-identifying and aggregate usage and volume statistical information from users of our Services (collectively, the “Aggregate Information”).  The Aggregate Information is used to help us diagnose technical problems, administer the Services, and improve our offerings and marketing.  The Aggregate Information is never linked or otherwise associated with any personally identifiable information that we may collect.

3. Geographic Location Data. When you use our mobile applications, our computer system(s) automatically collect geographical location data about your then-current geographic location through the use of GPS, IP address, and other sensor technology. Your employer and certain other authorized users on your account services may view this information to determine your geographic location at the time of your access to the mobile application. Except as otherwise set forth in this Statement, we will not share this information with any third parties.
   
   
4. Security of Personal and Geographic Location Data. 
   While no service provider can guarantee absolute security when communicating over the Internet or wireless networks, Apex has implemented reasonable technical and organizational procedures intended to provide security of your personal and geographic location data from unauthorized access, use, alteration or disclosure, and accidental loss. You are solely responsible for maintaining the secrecy of any user credentials used to log in to the Services, if any, and the mobile device on which our mobile application is installed, and you should always be mindful and responsible whenever disclosing information online that the information is potentially accessible to the public, and consequently, could be collected and used by others without your consent.
   
   
5. Use of Personal and Geographic Location Data. We will use the personal and geographic location data we collect only as follows:
   
   

Providing the Services

We may share information with certain third-party providers whose software or services interface with or otherwise may receive information from, or provide information to, the Services, but only as (i) authorized by this Statement; or (ii) as directed or approved by our subscribers or their users as set forth in this Statement or in the service agreement with the applicable subscriber. We may share information with those that provide us with technology services (e.g. web hosting and analytics services), but strictly for the purpose of carrying out their work for us.

Promoting or Enabling Partner Services

From time to time, we may offer our subscribers and their clients the ability to receive offers, products and services from third-party providers who integrate with our platform (“Third Party Partner”). If a subscriber or user elects to participate in such Third Party Partner program or offering (whether via an “opt-out” or “opt-in” campaign or otherwise) or otherwise links or syncs its account to a Third Party Partner’s product or service, such subscriber or user consents and directs Apex to share all information in its account, including personal information, to the Third Party Partner providing the service or offering, but only in connection with the enabling and provision of such service or offering.  In most cases, however, the Third Party Partner cannot use or disclose your personal information without your express authorization; the scope of the Third Party Partner’s permission will be disclosed prior to any such sharing (e.g. via the “opt out” or “opt in” notice and terms or the Third Party Partner’s terms of service). For example, if we conduct an opt-out marketing campaign with respect to a Third Party Partner’s products or services and the applicable subscriber, client or user fails to “opt out” of the integration or service offered via such campaign, the subscriber, client or user (as applicable) will be deemed to have consented to the sharing of personal information under its control and in its account with the Third Party Partner for the services described in such campaign. You may also connect with a Third Party Partner when a subscriber or user affirmatively elects to respond to an “opt in” or similar marketing campaign and desires to obtain more information about or purchase a Third Party Partner’s services, we may send your application information directly to our partners or may send you to the partner’s site for you to provide the information directly to them.

Sending updates and responses 
Generally, we send a response to E-mail questions, requests for product or service information, and other inquiries we receive. Also, we may keep this correspondence to improve our products, services, web sites and mobile applications, and for other disclosed purposes. Often we keep contact data in order to send individuals updates or other important information about our products and services.

Facilitating the support, renewal, and purchase of our products and services 
Apex may use the data you submit to contact you for the purposes of discussing the support, renewal, and purchase of our products and services.

Disclosure by Law and Protection of Apex and Others 
If required by law to disclose certain information to local, state, federal, national or international government or law enforcement authorities, we will do so. We will also disclose information to third parties as necessary in order to comply with applicable laws and regulations. Additionally, we may share information in order to investigate, prevent, or take action regarding illegal activities or suspected fraud, or enforce or apply Apex’s agreements.

Change in Control

If we sell, divest or transfer the business or a portion of our business, we may transfer information, provided that the new provider has agreed to data privacy standards no less stringent than our own. We may also transfer personal information – under the same conditions – in the course of mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of our business.

Surveys

Periodically, Apex will request information from customers or their users via surveys. Participation in these surveys is absolutely voluntary and the user has a choice whether or not to disclose this information. Survey data will be used for purposes of monitoring or improving the use of and satisfaction with our web site, mobile application, and improving our customer service and product offerings.

6. Choices about Your Information

Information Retained by Apex:

Apex allows you to change or modify the information you have previously provided to us for marketing purposes.  We will use all reasonable efforts to ensure that such information is removed from or corrected in our records.  If you have any questions about reviewing or modifying account information, contact us directly at privacy@apexhcm.com Unfortunately, to the extent such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases.

Data stored in our services (“Services Data”) is provided and controlled by our subscribers. Subscribers have access to their Services Data via the Services.  If you have any questions about reviewing, modifying, or deleting personal information included in our Services Data, please contact your employer directly.

Deleting or Disabling Cookies

You may be able to disallow cookies to be set on your browser. Please look for instructions on how to delete or disable cookies and other tracking/recording tools on your browser’s technical settings. You may not be able to delete or disable cookies on certain mobile devices and/or certain browsers. For more information on cookies, visit www.allaboutcookies.org. Remember, disabling cookies may disable some of the features available on the Services, so we recommend you leave cookies enabled.

How Long We Keep User Content

Following termination or deactivation of a subscriber’s relationship, Apex may retain all data associated with such subscriber’s account for a commercially reasonable time for backup, archival, or audit purposes. We may further maintain anonymized or aggregated data, including usage data, for analytics purposes.

Your Ability to Opt-Out of Further Notifications 

Periodically our subscribers are notified of new products, announcements, upgrades and updates. You have the option to opt out of our internal marketing communications by contacting us at the address given at the end of this Statement or by following the opt-out procedure outlined in such communications.  Please note that opting out of receiving these communications will not remove your personal information from our files and we will still contact you as necessary to provide the Services at your or your subscriber’s request.

8. Links to Other Sites .Our websites, mobile applications and Services may contain links to, or incorporate or utilize, third party websites and services (“Third Party Services”).  We provide access to Third Party Services as a convenience to our users, and our provision of the same is not intended as an endorsement of or referral to the Third Party Services.  This Statement applies to Apex’s websites, mobile applications and Services only.  Your use of Third Party Services is be governed by their own privacy policies and procedures.  We assume no responsibility or liability for the privacy practices of any provider or operator of Third Party Services.  We strongly recommend that you carefully read the privacy statements, notices and terms of service of any Third Party Services to understand how your information will be handled.

8. How to Contact Us. Questions about our websites, mobile applications, our Services or this Statement should be addressed to:

500 Colonial Center Parkway

Suite 650

Roswell, GA 30076