Privacy Policy

1. Introduction

Railsware is dedicated to protecting the privacy of its Customers, Users, and Websites Visitors. In this Privacy Policy (“Policy”, “Privacy Policy”) We describe and explain the ways We collect, process, share, transfer, secure, and store information from Our Customers, Users, and Websites Visitors (as defined below).

Thіs Policy has a direct reference to the Terms of Service and applies to it.

Privacy Policy applies to information We receive arising out of or in relation to Our Customers, Users, and Websites Visitors' exploitation of Websites, any TitanApps Products, and reaching Us with any inquiries directly or via Partner Platforms.

This Privacy Policy also explains how Customers, Users, and Websites Visitors can exercise their rights to know, obtain, access, erase, use, delete, or rectify the Personal Information that was submitted to Us. Please note that Websites Visitors may choose not to use TitanApps Products. If they choose so,  they will still have access to Websites, however, may be unable to access certain options and services that We offer only to Users of TitanApps Products.

When Customers, Users, and Websites Visitors order the TitanApps Products, use the TitanApps Products, reach Railsware via “Get In Touch” and “Partner Program” contact forms, leave support requests, or submit feedback and ideas, they give Us their consent and fully agree to this Privacy Policy under which Railsware collects, processes, uses, stores, and discloses Personal and Navigations Information, and other shared data. If you, being a Customer, User, and/or  Websites Visitor, do not agree with the terms and conditions stated in this Policy, you should not order TitanApps Products, use the TitanApps Products, reach Railsware via “Get In Touch” and “Partner Program” contact forms, leave support requests, or submit feedback and ideas or perform other activities, which may result in supplying Us with your Personal Information and/or Navigational Information.

Railsware is not established in the European Union, but it processes and stores the Personal Information of EU citizens, who browse Websites or use TitanApps Products, submit inquiries and requests, and perform other activities, which may result in supplying Us with their Personal Information and/orNavigational Information.

2. Definitions

Railsware (“We”, “Us”, “Our”) - means Railsware Products Studio LLC a limited liability company incorporated under the laws of the State of Delaware, registration number: 4461258, having its office at 925 N La Brea Ave, Suite 400, office 560, West Hollywood, CA 90038;

Customer - means an individual or legal entity, who orders TitanApps Products, and is identified in the relevant billing statements, invoices and/or online subscription process as the customer.

User - means an individual, who is authorized to use TitanApps by the Customer, on behalf of the Customer and for the Customer’s benefit, being the Customer’s employee, contractor, consultant, agent, or other authorized representative.

User Account - means an account under the name of the Customer, using which User may exploit the TitanApps Products and access to its functionality.
TitanApps Products (“TitanApps”) - means add-ons developed by Railsware, which may include under these Terms of Service the following products:

• Smart Checklist for Jira. Pro;
• Smart Checklist for Jira. Free;
• Smart Templates for Jira;
• Smart AI Release Notes;
• Smart Checklist for monday.com;
• Smart Templates for monday.com.

Descriptions of each TitanApps Product, requirements for installation, pricing, and other details can be found on the Websites and Partner Platforms. In these Terms the definition TitanApps Products refers to all of the above-mentioned products.

Subscription License - means a worldwide, non-exclusive, payable, non-transferable, non-sublicensable right to use TitanApps Products granted by Railsware to Customers and Users.

Subscription Term - means a period of time for which Customer orders TitanApps Products.
Free License - means a worldwide, non-exclusive, free of charge, non-transferable, non-sublicensable limited right to use TitanApps Products granted by Railsware to Customers and Users.

Partner Platform(s) - means TitanApps Products marketplace hosts. These include, but may be not limited to, the Atlassian Marketplace Platform, and monday.com Marketplace, with which Railsware has established partnership agreements concerning the publication, promotion, sale, and distribution of TitanApps Products.

User Content - means any content that is developed, uploaded, or shared by User arising out of or in relation to TitanApps Products usage, including, without limitation, any information, data, and other content.

Websites - means any website owned by Railsware or its affiliates, which promotes TitanApps Products, in particular, but not limited to https://jirachecklist.com/, https://railsware.com.

Personal Information - means any information that can be used to individually identify a person, and may include, but is not limited to, name, email address, phone number, title, and other personally identifiable information.

Websites Visitors - means an individual who uses Websites for informational, research, or similar purposes, or to contact Railsware.

Navigational Information - means data, which refers to computer usage and visiting the Websites such as IP address, geographical location, browser type, referral source, length of visit, and pages viewed.

Partner Platforms Privacy Policies - means the Partner Platforms’ documentation, in particular - monday.com Privacy Policy along with all the documents incorporated here by reference, and Atlassian Marketplace Platform Privacy Policy along with all the documents incorporated here by reference.

3. How We Collect Information

When Users and Websites Visitors submit their Personal Information to Us directly or via Partner Platforms, they give Us their consent to process this Personal Information in a way that is communicated in this Privacy Policy.

To ensure Users’ ability to enjoy the TitanApps Products, Partner Platforms may share with Us feedback Users share regarding exploitation of the TitanApps Products.

Partner Platforms Privacy Policies apply to the processing of this information along with this Privacy Policy. We encourage Our Customers and Users to read the Partner Platforms Privacy Policies before purchasing (if applicable), installing, and using the TitanApps Products.

We gather this data automatically through commonly used data-gathering technologies, like cookies and web beacons in order to understand how Customers, Users, and Websites Visitors browse the Websites and use the TitanApps Product. This data helps Us manage the Websites and the TitanApps Product in order to meet Customers, Users, and Websites Visitors  expectations and requirements.

Railsware may collect information about Customers, Users, and Websites Visitors from third parties, such as publicly available resources (for example, Facebook or Linkedin) and/or third parties. We may combine information received from other sources with information Users and Websites Visitors share with Us and use it as described in this Privacy Policy.

4. Types of Information

Under Personal Information We understand any data that may allow Us to identify Our Users and Websites Visitors, such as name and surname, email, and country of residence.

We also process Our User's account ID and user ID, Customers’ access token, account name, and account slug which are associated with their usage of TitanApps Products, which may belong to Personal Information.
Personal Information also refers to other information that is available on the internet, such as from Facebook, LinkedIn, Twitter, and Google, and includes any other publicly available data that Our Users and Websites Visitors previously agreed to share and that is available from other service providers.

Navigational Information covers interactions with Websites by Websites Visitors. In particular, such information includes browser type and version, IP address, referral source, OS (operating system), geographical location, length of visit, and pages viewed.
For more information, please check Our Cookie Policy.

User Content under this Privacy Policy includes any content that is developed, uploaded, or shared by the User arising out of or in relation to TitanApps Products usage. Railsware may only use User Content as anonymized and aggregated data for the purposes indicated in this Policy.

Railsware retains the right to use User Content in an anonymized form to conduct market analysis, traffic flow analysis, and related reporting to third parties, as well as statistics and analysis research and other statistical purposes.

Acting as a vendor on Partner Platforms, Railsware does not collect and/or process any payment data of Our Customers. Payment and refunding processes are managed by Partner Platforms on Railsware behalf. We encourage Our Customers and Users to read Partner Platforms Terms and Conditions and Partner Platforms Privacy Policies, before purchasing (when applicable) of the TitanApps Products as these documents will govern payment data processing.

Acting as a vendor on Partner Platforms, Railsware does not collect and/or process any payment data of Our Customers. Payment and refunding processes are managed by Partner Platforms on Railsware behalf. We encourage Our Customers and Users to read Partner Platforms Terms and Conditions and Partner Platforms Privacy Policies, before purchasing (when applicable) of the TitanApps Products as these documents will govern payment data processing.

Railsware does not intentionally collect, and Users and Websites Visitors should not provide any information about their medical or health condition, race, and ethnic origin, political opinions, religious and philosophical beliefs, as well as bank account information, tax and passport numbers, driver’s license or other similar personal identifiers.

Our Websites and TitanApps Products are not intended for children’s use. Railsware does not intentionally collect and/or process any data from children under the age of 16.

5. How We Use Information We Collect and Process

Railsware collects and processes only information that is reasonably required for certain purposes and only in compliance and according to this Privacy Policy. Therefore, Customers, Users, and Websites Visitors should read carefully this Privacy Policy before proceeding with browsing the Websites or using TitanApps Products.
Railsware pays attention to the fact that Partner Platforms Privacy Policies may also govern data processing, thus Customers, Users, and Websites Visitors should read these documents carefully as well.
We use information from Customers, Users, and Websites Visitors to:

Railsware does not sell Personal Information or Navigational Information to third parties, and We only use it as this Policy describes.

We may analyze Personal Information along with other types of information collected under this Privacy Policy in anonymized form to develop, improve, and personalize TitanApps Products and Railsware Websites using heuristics evaluation, machine learning algorithms, and other techniques. This analysis may involve the use of unidentifiable data, which will only be used for the purposes stated hereto. We may also share aggregated or anonymized information with third parties that does not directly identify Our Users and Websites Visitors.

6. Information Security

Railsware applies different security technologies, guidelines, and procedures to ensure complete security, as well as full confidentiality of the information We collect and process under this Privacy Policy.

We also take measures to avoid unauthorized access to Personal Information, as well as other types of information processed under this Policy by implementing appropriate technical and organizational measures.

We implemented encryption during the processing of information under this Policy to ensure security and follow trusted security protocols during its transfers, such as the Secure Socket Layer protocol and the Transport Layer Security, which guarantees complete safety and security of data.

We work with Personal Information from Our Users and Websites Visitors under the principle of strict access role distribution. The list of those, who have access to Personal Information is strictly limited and grounds on a need-to-know basis. All Personal Information is securely stored on servers and protected from unauthorized usage, leak, and exposure.

In case of any questions, inquiries, or requests related to information security, please let Us know via support@titanapps.io.

7. Information Retention

Railsware will store Personal Information, as well as other types of information processed under this Policy only as long as it is necessary to fulfill the purposes set out under this Privacy Policy.

However, if We are required by law or any mandatory regulation to retain Personal Information or any other types of information processed under this Policy longer or if We need these to assert or defend against legal claims, We will retain such Personal Information or any other types of information processed under this Policy until the end of the relevant retention period or until the claims in question have been settled.

Railsware will store and process Personal Information of its Users for the term of their exploitation of the TitanApps Products and upon three years from the date of termination of such exploitation.

Railsware will store and process Personal Information of its Websites Visitors for a period of three years since Railsware receives such Personal Information.

Users and Websites Visitors may ask Us to delete their Personal Information via support@titanapps.io. In this case, We will delete such Personal Information immediately, but no later than within 5 (five) business days from the date of the respective request.

Once Customers cancel the Subscription License to TitanApps Products, Users Accounts along with the data stored in such Users Accounts shall be deleted within ninety (90) calendar days from the date of access termination under such Subscription License, which is equal to the last day of then-current Subscription Term.

Once Customers or Users uninstall TitanApps Products used under the Free License, Users Accounts along with the data stored in such Users Accounts shall be deleted within ninety (90) calendar days from the date of such uninstallation.

Railsware may continue to use User Content in aggregate and anonymized form for the purposes as defined under this Policy.

8. Information Sharing and Disclosure

We may engage vendors and contractors to provide some particular services to Our Customers and Users. In relation to it, We may need to share Users Personal Information or Navigational Information with them to provide these services to Our Customers and Users. These services may include marketing and support activities, analyzing different types of data, providing auditing, security, development, and testing, as well as advisory and legal services.

Railsware may need to engage vendors and contractors  to receive analytical or support services related to Websites operations. We may share Websites Visitors’ Navigational Information for these purposes.
In all the cases when We share Personal Information or Navigational Information with such vendors or contractors, We will ensure our vendors or contractors are bound by obligations to follow the security measures and rules relevant to those imposed under this Privacy Policy.

Railsware uses a range of third-party sub-processors that are authorized to process Customers’, Users’, and Websites Visitors’ information collected under this Privacy Policy, and help Us to deliver the functionality of TitanApps Products and Websites, as well as the accompanying support services in full.

We primarily store and process information covered under this Privacy Policy in the United States of America.

To perform Our operations, We may transfer and access Personal Information as well as information of other types mentioned in this Policy from around the world, including the EU, and other countries. While transferring such information, We take the necessary measures to safeguard the activity in general, and Users and Websites Visitors in particular to ensure an appropriate level of protection for their fundamental rights. The Privacy Policy shall apply even if Personal Information is transferred or accessed from other countries.

We use third-party services, as described in this Privacy Policy, which may be based in other countries that may not have equivalent privacy legislation to the country in which Our Customers, Users, and Websites Visitors are based. When We share Personal Information or Navigational Information about Users and Websites Visitors residing in the European Economic Area and Switzerland, European Commission-approved standard contractual data protection clauses, or other appropriate legal mechanisms to safeguard the transfer.

Railsware reserves the right to disclose Personal Information to public authorities in accordance with a legal liability to perform their duties, such as customs and tax authorities, financial investigation units, judicial administration, and other parties, if the EU or the Railsware’s representative member state law allows exercising such disclosure in the public interest, including protection of people’s safety.

We may disclose Personal Information of Our Users and Websites Visitors to a third party if (a) We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce Our agreements, Terms of Service and other policies, (c) to protect the security or integrity of the TitanApps Product, (d) to protect Us, Our Customers, Users or Websites Visitors or the public from harm or illegal activities, (e) to respond to an emergency which We believe in the good faith requires Us to disclose information to assist in preventing the death or serious bodily injury of any person

9. Data Privacy Framework

Railsware Products Studio LLC complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.

Railsware Products Studio LLC has been certified by the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.

Railsware Products Studio LLC has been certified by the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.

To learn more about the Data Privacy Framework (DPF) program, and to view Our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Railsware Products Studio LLC commits to resolve DPF Principles-related complaints about Our collection and use of personal information. EU, UK, and Swiss individuals with inquiries or complaints regarding Our handling of personal data received in reliance on the EU-U.S. DPF, and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Railsware Products Studio LLC at: support@titanapps.io. Railsware Products Studio LLC may be subject to the investigatory and enforcement powers of the FTC.

Under certain conditions Our Users and Websites Visitors have the possibility to invoke binding arbitration for complaints regarding Data Privacy Framework compliance not resolved by any of the other Data Privacy Framework mechanisms. Please find more details on this here – https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2

In case Railsware Products Studio LLC transfers any personal information that is subject to Data Privacy Framework, to the third parties, Railsware Products Studio LLC  shall remain liable under the DPF Principles if such third parties process such personal information in a manner inconsistent with the DPF Principles, unless Railsware Products Studio LLC proves that it is not responsible for the event giving rise to the damage.

10. Users and Websites Visitors Rights

Our Users and Websites Visitors have the following rights in relation to their Personal Information processing:

Our Users and Websites Visitors may exercise any of the above-mentioned rights by reaching Us via support@titanapps.io. We will strive to promptly process any requests and help Our Users and Websites Visitors with any related inquiries.

To opt-out of any kind of direct marketing and other communication, besides the direct request to Us, Our Users and Websites Visitors may use the unsubscribe button, which is available in emails containing such communications. Please note that We do not provide with the possibility of unsubscribing from transactional correspondence, which is essential from the TitanApps Products usage perspective (e.g. TitanApps Products’ functionality updates).

11. Third-party services

Our Websites may include links to third-party websites, which may offer certain services to their visitors. Railsware does not take any responsibility for the content, services, administrators, practices, and policies of such websites, and does not endorse them. Railsware also does not bear any responsibility for the privacy of information that Our Websites Visitors submit on these resources, since this Privacy Policy does not apply to them. We recommend Our Websites Visitors read carefully privacy policies and other legal documents of such websites before submitting or sharing any Personal Information with them.

Railsware Websites or TitanApps Products may include third-party systems that allow for support requests, product-related ideas or feedback submission. The system, which accepts feedback and product ideas, provides Us with the name and email of a Websites Visitor or User who submitted it so that Our team can take action and respond to these messages. The system, which enables Websites Visitors and Users with the right to submit feedback  performs Personal Information collection, storing, and processing on its side.

Our Websites may incorporate some social media features and widgets. These may include ‘Share’ – for Facebook, ‘Tweet’ – for Twitter, and ‘Share’ – for Google+ content on certain Websites pages. These social media features (buttons) may gather some Websites Visitor-related (IP address, page visits) information. The actions connected to the social media features and widgets are covered by the privacy policy of the company which enables them. We recommend Our Websites Visitors read carefully such privacy policies before using social media features (buttons).

12. Changes to this Privacy Policy

We reserve the right to review and make amendments to this Privacy Policy. When the changes are made, We will publish the new version of the Privacy Policy and update the ‘Last updated on’ date, which is indicated in the top left corner of this Policy, to the day when the latest amendments were published.

We encourage Our Customers, Users and Websites Visitors to check this Policy from time to time, to ensure they are aware of the latest updates. Our Customers, Users and Websites Visitors should note that by exploitation of the TitanApps TitanApps Products, and interaction with the Websites following any revisions or changes to this Privacy Policy will constitute irrevocable acceptance of any and all such revisions and changes by such Customers, Users and Websites Visitors.

13. Contact Details

For any additional questions or inquiries about the Privacy Policy, please send an email to
support@titanapps.io.