Privacy Policy

Please be aware that we may provide additional information about our privacy practices at other points, for example, when we ask you to provide Information in connection with a particular service or an event, and where this will help us provide more relevant and timely information.

• We use your Information primarily to provide you with access to our Platforms and other products, services, and information we offer.
• We combine or link Information that we collect about you from our different interactions with you, both online (e.g. via our Platforms or if you contact us, e,g, via email) and offline (e.g. via our events or via calls to customer support).
• We share your Information across the Blue Yonder Subsidiaries in our organization and combine the Information we collect through one Subsidiary with Information collected through other Subsidiaries.
• We share your Information with certain trusted third parties; more about this later on in this Policy!
• We take reasonable and appropriate measures to secure your Information, but we cannot promise, and you should not expect, that your Information will remain secure in all circumstances.

Information Received, Collected, and Obtained by Blue Yonder. The Information we receive, collect, and obtain includes information that is both Personal and Non-Personal.  “Personal” information is a broad concept and refers to any information relating to an identified or identifiable living individual. This includes references to obvious identifiers such as name but also non-obvious identifiers such as an identification number or an online identifier such as an IP address or cookie identifier. “Non-Personal” information refers to information that is anonymous whereby you are not or no longer identifiable from that information.

We receive, collect, and obtain the following general types of Personal and Non-Personal information (together, “Information”):

Information We Obtain Directly from You. We collect Information about you directly when you voluntarily provide it to us through the Platforms or other interactions (e.g. email communication) with us such as your name, (business) contact information including phone number and e-mail address, your email signature information, gender, preferred language, job title and function, user account information, user name and password, billing and shipping information , location data , social media data and information about your access to and use of the Platforms and your contacts with other users through the Platforms, as well as other Information you may volunteer to us (e.g. event feedback, profile photo, business card).

Information We Automatically Collect about You.  We automatically obtain Information about you when you access our Platforms. This includes:
(i) Information about the devices you use to access the Platforms including your device's IP address, your browser type and version, time zone setting, and operating system and platform;
(ii) Information about your visit to our Platforms including the URL clickstream to, through and from our Platforms (including date and time); products and services you have viewed or searched for, your account activity (when logged in); the content (and any ads) you view or interact with, page response times, download errors, length of visits to certain pages and page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
(iii) Location data by requesting location permission collected through GPS to provide real time auto-geo location updates and/or tracking the real time updates (background location data).

Some of this Information is collected using cookies and related technologies. More about this in the section on Cookies and Related Technologies below.

Information We Obtain from Third Parties. From time to time (where permitted by applicable law), we collect Information such as contact information, your preferences, and other demographic data from trusted third party sources that are either publicly or commercially available (e.g. business partners, payment and delivery services, event providers, data brokers, social media networks, advertising networks, analytics providers, and search information providers) which will be used for the purposes outlined in this Policy. 

We also receive Information you provide to our partners like authorized Resellers and Alliance Partners of our products and services which will be used for the purposes outlined in this Policy.

When you pay for our products and services (e.g. to attend an event or participate in an online training module), we get information from our payment processing service provider who will – not at least to protect you - carry out credit and antifraud checks on you and the payment method you provide in order to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize the purchase.

In order to ensure data accuracy and to offer you a better experience, we link or combine the Information that we collect from the different sources and channels outlined above (e.g. to provide targeted communications and advertising and for the other purposes outlined below). This includes combining Information collected by the different Blue Yonder Subsidiaries.

To make one thing very clear: You do not have to provide Personal Information to access the Platforms. However, certain functionalities (such as to get access to Customer Support or Training) will not otherwise be available to you. You may at any time however choose whether or not to receive marketing communications from us or if we are allowed to analyze your email communication. We will only send you marketing communications where we have the appropriate consent to do so. For more information on your preferences regarding how we use your Information for marketing purposes, please see Section on Your Rights and Choices below.

You should not provide Personal Information about anyone else unless you have their permission to do so and they understand how we will use their Personal Information as set out in this Policy.

Collection of Your Information by Third Parties.  
The web sites and services of third parties may be accessible through our Platforms.  You may be asked to provide Information through these other sites or services.  For example, when you click on a link on a Site or Application.  These third parties maintain their own information privacy policies and practices.  

Our Policy here covers only Information received, collected, and obtained by Blue Yonder and does not extend to any third parties (including its authorised Resellers or Alliance Partners).  Blue Yonder is not responsible for the policies or practices of any of these third parties.  Like with this Policy, we encourage you to review the privacy policies of the applicable third parties before providing them with any Information.

How we use your Personal Information and our lawful basis for processing.
We process your Personal Information through electronic and manual means for the following purposes:
To fulfil a contract or to take steps at your request linked to a contract. This includes:

• to administer and authorise your access to the Applications, your accounts and other features and functionality of the Platforms;
• to process orders, provide our products and services, and send you service related communications; and
• for customer support purposes including responding to your queries and investigating any complaints about the Platforms and our products and services;

As required to conduct our business and pursue our legitimate interests, in particular:

• to improve and personalize your experience with us and our Platforms and to provide you with tailored content, advertisements and communications both on our Platforms, on our partner websites and offline; 
• to operate, support and maintain our Platforms, conduct identity verification, authentication and other fraud prevention or detection activities;
• to send you information you have requested;
• to ask your opinion or to take part in market research or a survey;
• to monitor and improve the performance of our Platforms, analyse trends, usage and activities in connection with our services, and optimize our marketing efforts and measure the effectiveness of our advertising campaigns;
• for our own internal functions such as keeping our Platforms secure, for management, corporate reporting and record keeping purposes, for internal research and analytics, for developing our products and services and improving business efficacies;
• to enforce compliance with our terms of use and other policies or otherwise in connection with legal claims, compliance, regulatory and investigatory purposes as necessary (including disclosure of such information in connection with legal process or litigation); to avoid injury to a third party, or to otherwise enforce or protect Blue Yonder's rights under applicable law, including, without limitation, Blue Yonder's intellectual property rights; and
• to create aggregate and statistical data (which cannot be used to identify you). For example, aggregate data may include data that describes the general demographics, usage or other characteristics of a Platform's users. We reserve the right to transfer and/or sell aggregate and anonymous data about a Platform's users for lawful purposes. 

• If you contact us by email as a Blue Yonder customer, we may analyze the communication based on our legitimate interest in high customer satisfaction and the optimization of customer relationships. For this purpose, we may use service providers who can use artificial intelligence for the aforementioned purpose. If you do not agree to such processing, you can use the opt-out mechanism described below or object to such processing using the contact details provided below.

Where you give us consent:

• Where you ask us to send marketing information via a medium where we need your consent. For more information about how to modify your preferences about marketing communications, please see the Section on Your Rights and Choices below;

• Where you give us consent to place cookies or similar technologies; and
• On other occasions where we ask for your consent, for the purpose we explain at the time.

As required by law 

• In response to requests by government or law enforcement authorities conducting an investigation.

With Whom We Share Personal Information.  

We share your Personal Information with the following third parties: 

• Blue Yonder Subsidiaries.  We share your Personal Information with our Blue Yonder Subsidiaries for the purposes outlined above. A list of the relevant Blue Yonder Subsidiaries is set out on https://blueyonder.com/contact-us. 
• Alliance Partners and Technology Partners in order for them to provide you with the applicable products and services. 

• Service Providers.  We share Personal Information with third parties who process Personal Information on our behalf.  For example, we use third parties to: (a) maintain and manage our database of Information; (b) to host and maintain our Platforms; (c) assist us with Information collection; (d) provide analysis of our Information; (e) to enhance or overlay our Information with other Information obtained from third parties; (f) to deliver, and provide Information regarding the delivery of, electronic messages; or (g) provide other marketing services to assist us in our business; (h) Trainings, (i) Kundenmanagementdienste, zur Analyse von Kundenkommunikation und zur Umsetzung von Kundenbindungsprogrammen.We require that these third parties agree to use the Information we share with them only to perform their obligations to us and to treat all Information they receive from us in compliance with this Policy.  
• Government authorities and law enforcement officials. We share Personal Information with these bodies if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.

In the event that the business is sold or integrated with another business, your Personal Information will be disclosed to our advisers and any prospective purchaser and their advisers and will be passed to the new owners of the business. 

How About Sensitive Information.  
You are not required to provide Blue Yonder with any Information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other categories of Information defined as sensitive or special categories of data under applicable data protection laws ("Sensitive Information") in order to use our Platforms and services.  
Blue Yonder does not knowingly solicit or collect, and you should not provide to Blue Yonder, any such Sensitive Information, whether through the Platforms or through any other means. 

Children.  
Our Platforms are intended for a general audience and are not directed to children under 13 years of age.  Blue Yonder does not knowingly receive, collect, or obtain Personal Information from children under 13 years of age. 

California Consumer Privacy Act (CCPA).  
Our business at Blue Yonder is that of a business to business (“B2B”) service provider and software company. We do not intentionally interact with or collect Personal Information about individual consumers outside that context, both through our Platforms and offline interactions. References to you in this Policy only include individuals interacting with us in connection with our B2B functions. Only individuals acting in such a B2B capacity are permitted to use our websites or provide information to us.

We may share your Personal Information as outlined in “With Whom We Share Personal Information” above. However, Blue Yonder does not “sell” personal information as defined under the CCPA.

CCPA grants certain rights, including the rights to access specific types of Personal Information, to learn how we process Personal Information, to request deletion of your Personal Information, and not to be denied goods or services for exercising these rights, as also outlined in “Your Rights and Choices” above. 

For information on how to exercise your rights please refer to the “Contacting Us.” section below.

Do Not Track.  
Certain web browsers and other devices you may use to access the Platforms may permit you to indicate your preference that you do not wish to be “tracked” online.  At this time we do not modify your experience on the Platforms or the Information we collect from you through the Platforms based on whether such a preference is indicated.

Cookies and Similar Tracking Technologies.  
We and our third party service providers use “cookies,” “web beacons,” and other automated tracking technology to monitor and collect Information regarding your interaction with the Platforms.  “Cookies” include commonly used pieces of information in the form of small files that are placed on an individual's computer or mobile device to allow us to recognize your computer or mobile device.  “Web beacons” (also known as “single–pixel” or “clear” GIFs) include electronic images imbedded in a Site, Application or email used to pass information from your computer to us.  
We may use cookies, web beacons, and other tracking technologies that expire once you close your web browser or that persist and stay on your computer until you delete them.  

Disabling/Enabling Cookies: We require your consent for cookies (unless they are strictly necessary) and tracking technologies that we use on our Platforms. Most browsers will allow you to erase some or all of the cookies from your computer or mobile device, block acceptance of cookies, or receive a warning before a cookie is stored.  You may also be able to refuse certain web beacons by adjusting the settings on your browser or email software.  Please refer to your browser or email software instructions or help screen to learn more about these functions.  To find out more about these technologies, visit: https://www.allaboutcookies.org/manage-cookies/ Rejecting or disabling certain Platform content or functionality may delay or prevent us from providing certain services to you.

We use the following types of cookies of our Platforms:

To opt out of cookies relating to targeted advertising, you can visit www.youronlinechoices.eu. However, this will not opt you out of seeing adverts altogether – opting out simply means the adverts will not be targeted to you. Please note that there are many more networks listed on this site than we use our Platforms. 

These are Your Rights and Choices.
Whenever we rely on your consent, you will always be able to withdraw that consent, unless we have another legal ground for processing your Personal Information. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests (and where other laws do not require consent). Further information on the legitimate interests balancing exercise we have undertaken can also be requested by contacting us at [email protected].

You can opt out of direct marketing.

You have an absolute right to opt out of direct marketing (including personalised marketing), at any time. You can opt out of direct marketing by following the unsubscribe function in the communication you receive from us or you can opt out of direct marketing (including personalised marketing) by contacting [email protected]. Even if you opt of marketing communications from us, please note that you may still be contacted with services related communications (such as account notifications and software upgrades).

While Blue Yonder takes reasonable steps to ensure that the Personal Information we collect is reliable for its intended use, accurate, complete, and current, we rely on you to update and correct your Personal information.

Your Right to object, access, correct, delete.

In addition, in some circumstances, you have the right to ask us for a copy of your Personal Information; to correct, delete or restrict (stop any active) processing of your Personal Information; and to obtain the Personal Information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this Personal Information to another controller.  

You have the right to object to the processing of your personal information at any time for reasons arising from your particular situation, if the processing is based on our legitimate interest. 

These rights may be limited, for example if fulfilling your request would reveal Personal Information about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. 

How to exercise your Right.

To exercise any of these rights, you can get in touch with us by emailing [email protected]. 
If you do not agree to the analysis of your personal information in the context of email communication for the implementation of customer loyalty programs and the optimization of customer relationships, please notify us at [email protected] to object to such analysis.

If you have unresolved concerns, you may have the right to complain to the relevant data protection authority in your country of residence or place of the alleged infringement. For more information about the relevant data protection authority please see here.

Retention of your Personal Information. 
Your Personal Information will be retained for as long as necessary to fulfil the purposes outlined in this Policy or to comply with applicable legal requirements. For more information, please contact us using the details set out below (Contacting Us.).

Notification of Changes.  
We reserve the right to make changes to our practices and this Policy at any time. If we change the way we handle your Personal Information, we will update this Policy and notify you as appropriate.

Security.  
Blue Yonder is committed to protect and secure your Personal Information.  Despite our commitment, no security system can be 100% effective and we cannot guarantee that your Information will be secure in all situations.  We will nonetheless take all reasonable and appropriate steps to insure the safety and security of your Personal Information.  This includes using at least industry standard security measures to protect the loss, misuse, and unintended alteration of the Personal Information under our control.  For example, our policy is that only those individuals who need your Personal Information to perform a specific job for us are granted access to that Personal Information.  Likewise, all employees and contractors are kept up-to-date on our security and privacy practices.  Finally, the servers that we store Personal Information on are kept in a secure environment. 

Where Blue Yonder stores and transfers Personal Information.  
We are a global business. To provide our products and services, we transfer your Personal Information around the world, including the US, United Kingdom, India, Mexico and other countries outside of the European Economic Area (EEA) and Switzerland which may have different data protection standards to those which apply to your country of residence. Much of your Personal Information is stored and supported on servers and systems in the US and accessed globally by Blue Yonder personnel to the extent necessary for the purposes outlined in this Policy. For a full list of countries where we may access your Personal Information, please click https://blueyonder.com/contact-us. Where Personal Information is transferred outside the EEA and Switzerland, and where this is to a Blue Yonder Subsidiary or vendor in a country that is not subject to an adequacy decision by the EU Commission, your Personal Information is adequately protected by EU Commission approved standard contractual clauses or Swiss standard contractual clauses, or a vendor's Processor Binding Corporate Rules. You can obtain a copy of the relevant mechanism by contacting us on the contact details set out below (Contacting Us.).  

Contacting Us.
To exercise any of your rights under applicable data protection laws, please use the contact information referred to at Your Rights and Choices section above. When contacting us, please make sure you are providing your full name and contact information.

For further information on our privacy policies and practices relating to the handling of Personal Information, contact us through e-mail at: [email protected]

or by writing to:
Blue Yonder GmbH
Attention: Global Privacy Lead 
Ohiostraße 8
76149 Karlsruhe  

Blue Yonder GmbH and Blue Yonder Technologies GmbH have appointed a Data Protection Officer (DPO). You can reach our DPO by:

• using the following email:[email protected]
• mail at the following address: Bird & Bird DPO Services SRL, Avenue Louise 235 b 1, 1050 Brussels, Belgium.