Legal

Legal and Privacy Statement

Legal

These terms and conditions apply to the use, access and browsing of www.compuware.com (this “Website”). Your use, access or browsing of this Website constitutes your acceptance of these terms and conditions. If you do not wish to accept these terms and conditions of use, please do not use this Website. Compuware reserves the right to make modifications to the below terms and conditions without prior notice. The date on which the last modifications were performed will be set forth at the top of this document, and represents the date on which such modifications shall be effective. Individuals who are accessing the Website as a representative of any third-party organization or company agree that these terms and conditions shall bind him/her individually as well as the organization or company he/she represents.

The content of this Website, including all information, material, software, audiovisual presentations, videos, photographs, messages, publications, white papers and graphics (hereinafter, “Content,”) are copyrighted by Compuware or its affiliates, licensors or partners and is for informational and non-commercial or personal use only. All copyright and other proprietary notices contained in the original materials must be retained on any copies of the materials. No graphics contained herein may be used separate from the accompanying text. Unauthorized use, download, modification, copy, print, display, performance, reproduction, publication, or distribution of any Content from this Website may violate copyright, trademark or other laws and regulations.

Names and logos identifying Compuware products are registered trademarks or trademarks of Compuware Corporation. All other company or product names set forth on this Website are trademarks of their respective owners.

You agree that you shall not, on your own behalf of on behalf of any third party, use or access this Website: (1) to transmit any content that is libelous, defamatory, obscene, pornographic, threatening, abuse or harassing to any individual, regardless of their affiliation with Compuware; (2) to violate any law, including without limitation, any law relating to or governing copyright infringement, intellectual property or data privacy; (3) to violate or otherwise infringe upon the rights of any third party; (4) to transmit content that is otherwise offensive or objectionable to Compuware, its employees, partners, or other parties; or (5) to transmit content that requires a license or license exemption from the United States government or a foreign government in order to export. You will not post or transmit to the Website any content containing malware, harmful or corrupt code, programming code, or other code that would adversely affect the functioning of the Website or any other Compuware websites, servers, applications or networks. You agree that the Website may not be used for purposes of promotion, solicitation, or advertising.  If you fail to abide by these limitations, Compuware reserves the right to remove content and/or limit or terminate your access to the Website.

You may need to create an account to use certain features of this Website. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You further agree that you will not create an account by using false information, or information belonging to any third party (except to the extent you have done so with full written authorization of such third party.)

You may post reviews, comments, photos, videos, and other content, or submit suggestions, ideas, comments, questions or other information via the Website; provided such content is not illegal or in violation of the Website Permissible Use set forth in these terms and conditions. You agree to indemnify Compuware for all claims resulting from content that you supply via this Website.

If you post content or submit material via this Website, Compuware shall have a nonexclusive, royalty-free, perpetual, irrevocable and fully transferable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media, without any affirmative obligation of attestation.

This Website may contain hyperlinks to other websites controlled by third parties. Compuware is not responsible for and does not endorse the content of such websites or your access to and use of such websites. Compuware makes no representations or warranties regarding these third party sites.

This Website, including all Content and technical data, as well as all Compuware products are subject to the laws, regulations, orders or other restrictions regarding import to, and export and re-export from, various countries, including export and re-export restrictions that may be imposed by the applicable laws of the United States. You agree to comply with all applicable import and export laws and regulations. You agree not to access, download, use, transfer, post, resell, import, export or re-export, either directly or indirectly (including through transmission and shipment), any content on this Website, except in accordance with all applicable laws. You accept responsibility to determine what is necessary to assure such compliance. You further represent that you are not a citizen of or located in any U.S. embargoed country or region on the United States OFAC (Department of Treasury) sanction list; and are not on a United States government prohibited user list posted by the Department(s) of Commerce, State and Treasury. You further agree not to download, transfer, export or re-export Compuware Content, products, technology or software to yourself, your customers or any intermediate entity in the chain of supply if Compuware’s content, products, technology or software will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses; without first obtaining prior authorization from the United States Government.

Any Content, including any product, process, or technology, published on this Website is the subject of intellectual property rights reserved by Compuware Corporation, its affiliates, licensors or partners. Any Compuware software programs, including any maintenance, support, corrections, updates or new versions of any such software programs, are provided subject to the additional terms, conditions and restrictions set forth in the applicable contract, including without limitation, any license agreement, purchase order, or product schedule.

All Content on this Website, such as information related to Compuware’s products and offerings, is intended solely for informational purposes and is subject to change, cancellation or removal by Compuware at any time without notice. Compuware makes no representations or warranties regarding the accuracy, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content that appears on this Website; nor assumes any responsibility for the same.

THIS WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPUWARE DOES NOT WARRANT THAT THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPUWARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR ACCESS TO WWW.COMPUWARE.COM (INCLUDING ANY AND ALL TRANSLATIONS OR INTERNATIONAL REPRESENTATIONS OF THE WEBSITE)INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION,THOSE ARISING FROM LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, OR LOST OPPORTUNITY, REGARDLESS OF WHETHER COMPUWARE WAS ADVISED OF OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER ARISING UNDER TORT, CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL BASIS FOR ACTION, UNLESS OTHERWISE AGREED UPON IN WRITING BY COMPUWARE.

By using this Website, you agree that any legal action, proceeding or other matter related to your use of or access to this Website and/or its Content shall be governed exclusively by the U.S. federal law or the laws of the State of Michigan, without reference to the conflict or choice of law provisions that may otherwise apply. Any dispute arising under or in relation to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Wayne County in the State of Michigan.

Privacy

Compuware Corporation (hereinafter, referred to as “we”, “our” or “us”) respects your right to privacy and is committed to protecting it. In order to provide you with relevant information, respond to your requests and increase the benefits you receive when visiting www.compuware.com, including any related mobile site(s) (collectively, our “Website”), we may request information about you. We want you to feel secure when providing such information to us and this Privacy Policy (“Policy”) is intended to inform you about the type(s) of information we gather and how we use it. The Policy applies to information collected by Compuware via this Website. By using or visiting the Website you agree to be bound by this Policy. If you do not agree with this Policy, please do not use or access this Website. Compuware may modify or update this Policy at any time without prior notice. Please check this Policy often so that you are aware of how we are protecting your personal information.

You may generally visit the Website without identifying yourself or sharing any personal information. We collect certain IP addresses and domain information in order to improve and customize your experience on our Website. For example, we may aggregate (i.e. gather data from across all or several user accounts) personal information and disclose such information in a non-personally identifiable manner to third parties (such as advertisers or business partners) for marketing or promotional purposes. Personal information is not obtained by Compuware through any such IP addresses and domain information, but patterns of usage may be tracked and monitored. Please see the section below regarding COOKIES for more information.

Your User ID and any content that you generate may be displayed throughout the Website, and your activities on this Website will be identifiable to your User ID.

We may collect the following types of information when you use any Compuware or Compuware-affiliated website:

Information you provide directly (including personally identifiable information) when you complete an online registration form for offers, events, user groups, training, trials, demos, etc. or submit an inquiry via email, direct mail, phone or fax;

Information you provide directly, including personally identifiable information, by submitting an online job application;

Usage data, collected via Google Analytics, such as IP address, web browser type/version, operating system and website visit information such as date, time and pages viewed;

Click-through information related to Compuware emails and banner advertisements;

Aggregate, non-personally identifiable information, such as the number of weekly visits or page views to a Compuware website;

Non-personal information not associated with your identity, such as IP address, time, file, data transferred, browser type and version and operating system.

Finally, we do not use or share the personally identifiable information provided to us via this Website in ways unrelated to the ones described above; without also providing you with an opportunity to opt-out of such disclosure.

Compuware follows the guidelines established by the Federal Children’s Online Privacy Protection Act of  1998 (COPPA) and will therefore never knowingly accept or solicit personally identifiable information from a user known to be under the statutory age of thirteen (13), nor market its products or services directly to such individuals.

We may use non-identifiable data in aggregated form to measure the Website’s performance and activity as well as improve the website’s design and functionality. In addition, we may use such data to work with third-party consultants to develop and distribute statistical and general information about how our customers use this Website; or to investigate and resolve security or privacy violations.

Compuware Online Communications

Compuware will use personally identifiable information, such as name, title, company, and email or other address, to communicate special promotions, events and announcements. This information may also be used to provide the products or services requested, respond to support needs, and/or provide additional information regarding Compuware products or services. If you do not wish to receive future promotional information and material from Compuware, you are offered the option to opt-out of upcoming communications.

Information Sharing and Disclosure

Compuware values your business and strives to protect your privacy. Compuware will never sell or provide your information to list brokers or similar mass marketing entities. We may, however, provide information about you to our business partners and/or to vendors with whom we have contracted to in order to better serve your interests and/or to support targeted promotions. Compuware will provide only the information that is necessary for the third party to provide those services we believe will be beneficial to you and we take measures to protect your information.

Compuware is a global company with customers and partners all over the world. Accordingly, the information we collect may be used, stored and/or processed in the USA or in any other country in which Compuware does business. By providing information via our website, you are consenting to the transfer of information from your country of origin to any other country in which Compuware does business (including those with less adequate levels of protection).

A “cookie” is a small text file that is transferred to your browser and stores information about your interactions with a particular website. A cookie is then read by the web server that placed it on your browser. It works as a sort of identification card, recording your preferences and recalling previously entered information. By using cookies, your navigation time is reduced and use of a website is simplified.

A cookie cannot be executed as code or deliver viruses. Compuware uses both session and persistent cookies to collect and store information that allows us to offer better customer service and ensure easy navigation through our website(s). A “session” cookie is temporary and is deleted once you close your browser. Session cookies are used to help a user’s browser navigate a website more smoothly and may show up if the user comes from a website with which the subsequent website has some relationship (e.g., the website of an affiliated company). Session cookies can also give helpful information. A “persistent” cookie is more permanent and is stored on the hard drive of your computer.  Persistent cookies are used to customize a website for a user. They may store passwords, preferences, registration and account information so that users do not have to re-enter this information each time they visit the website.

You have the option of setting your browser to reject cookies. In most cases, if you do not accept the cookie you are still able to use the Website. Please note, however, that by not accepting cookies, you will limit the functionality we can provide you when you visit this Website.

We provide the opportunity to opt-out of receiving newsletters and other communications whenever we request personal information from you and when you receive material from us. If you have difficulty opting-out, you can go to the Compuware Unsubscribe page or e-mail unsubscribe@compuware.com and provide your name, e-mail address and subscription you wish to cancel.

You are also entitled to know whether Compuware is retaining your personal information, and if so, to have limited access to that information, and to make corrections to such data or request that it be deleted, if appropriate. Please contact Compuware at privacy_concerns@compuware.com if you have any data collection questions regarding your personal data.

We may provide links to Internet sites maintained by third parties that are not affiliated with Compuware. We do not review these third-party websites in their entirety and we do not accept responsibility for the contents of or any products or services offered by such third-party websites. We encourage you to read the privacy statement of every website you visit whether the site is linked to ours or not. We provide these links to you as a convenience and the inclusion of any link does not imply our endorsement of the linked website or our acceptance of any responsibility that arises as a result of your use of the site.

To prevent unauthorized access to personal information, maintain data accuracy, and ensure the correct use of all collected information, we have put in place physical, electronic and managerial procedures to safeguard and secure the information we collect online. Although Compuware utilizes many security measures, such as encryption, please note that certain actions may impact your level of security, such as whether you are transmitting data through a public network with few security measures in place.

This Website may provide access to chat rooms, forums, message boards, feedback forums, web logs, “blogs”, news groups, or other public messaging forums to its users. Please remember that any information you disclose in these areas becomes public information, and can be attributed to your User ID. You agree that any and all content you post on these public messaging forums will comply with the Compuware Website Terms and Conditions.

Compuware values its relationships with entities operating in the regions that comprise the EEA (including European Union Member States and other countries in Europe that abide by similar rules and guidelines.) To facilitate its business relationships between EEA and U.S. based entities, Compuware entities located in the EEA may send personal data about individuals located in the EEA to Compuware’s U.S. based headquarters, or other Compuware employees around the world. To ensure the lawful transfer of all such data from the EEA to other countries, Compuware has implemented data privacy practices specific to the EEA. For example, Compuware has implemented Standard Contractual Clauses for intracompany transfers of personal data related to individuals residing in the EEA. These Standard Contractual Clauses apply to any transfer of personal data between Compuware entities in relation to performance of any customer contract that requires such personal data to be transferred outside of the EEA.

EU – U.S. Privacy Shield Framework Compliance

Our Website provides the opportunity for candidates to submit their resume or curriculum vitae online. All resumes received by Compuware will be held in confidence and used only for the purpose of considering the candidate for employment or for such other purpose as requested by the candidate. Compuware will not sell, trade, rent or distribute the personal information contained in any online application to any third party.

All open positions offered by Compuware or by its domestic and international subsidiaries are subject to specific job skill requirements. The job skill requirements, qualifications and preferred experience are determined by the domestic or international subsidiary offering the position. All positions are subject to local prevailing employment laws and restrictions. This includes immigration laws pertaining to work authorization requirements and any other applicable government permissions or compliance.

If you have already submitted your resume or curriculum vitae to Compuware and your skills, experience or contact information has changed, please resubmit your resume. Your revised resume will be updated in our resume management system. Visit the CAREERS page to learn more about open positions, candidate eligibility and the interviewing process. Please e-mail us at compuware.recruiting@compuware.com if you have any concerns regarding your privacy during the recruitment process.

Our goal is to respect your privacy. If you seek a resolution to any privacy or data collection issue with Compuware, or have suggestions on how we can improve our policies, please contact us at privacy_concerns@compuware.com.