Privacy notice

Terms and Conditions

1. Our role in relation to your personal data

Controller

PortSwigger Ltd is the controller and responsible for your personal data (collectively referred to as "PortSwigger", "we", "us" or "our" in this privacy notice).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice.

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below at section 13.

If you have any questions about how we process your data, please refer to our data processing agreement.

Processor

Where we are providing a service that involves processing personal data relating to you and / or your end users on your behalf under the terms of your license , which includes Burp Suite Enterprise Edition only if provided in a software-as-a-service capacity hosted by ourselves or our Burp Collaborator feature but only if you make use of the Burp Collaborator public server, our Data Processing Agreement ("DPA") shall apply. As described in the DPA, we will act as a processor or sub-processor for any personal data we incidentally collect as part of our service to you. As described in our DPA, we may incidentally process personal data as part of our service for our own internal analytics, support or troubleshooting. In these circumstances, we are data controllers and will process any personal data in accordance with this privacy notice. Please access the DPA here for further information.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be directly or indirectly identified. It does not include anonymous data (where the identity has been removed such that it is not reasonably likely to reveal your identity directly or indirectly).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes the internet protocol (IP) address used to connect your computer to the internet, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services including the full Uniform Resource Locators (URLs) clickstream to, through and from our site (including date and time); products you viewed and searched for; page response times, downloaded errors, length of visit to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods used to browse away from the page.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We take steps to minimize data we collect, including for example using aggregated anonymized or pseudonymized data sets. In particular, for the purposes of our internal analytics, we can generally achieve our purpose without processing personal data, but the content we are exposed to through delivery of our products and services may incidentally include personal data. In some cases, this may include special categories of personal data such as details of your race or religious beliefs. It is important to note we have adopted a number of measures to limit the personal data we hold about individuals for this purpose, for example measures to remove personal data wherever possible, or to anonymize it such that you are no longer identifiable.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).Nor do we collect any information about criminal convictions and offenses.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • create an account on our website;
  • subscribe to our service or publications;
  • enter a competition, promotion or survey; or
  • give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see section 11 for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from PIWIK, our cookies analytics service provider; and
  • Identity, Contact, Financial and Transaction Data from providers of technical, payment and delivery services including Stripe and PayPal.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. In these circumstances, this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

5. Marketing

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You may receive communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving those communications.

You can ask us to stop sending you messages at any time by following the opt-out links on any message sent to you or by contacting us at any time.

Where you opt out of receiving these messages, this will apply to our processing for marketing purposes only. We may still need to process the personal data you have provided to us as a result of a product/service purchase, or other transactions.

6. Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you, and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, where this is required or permitted by law (such processing shall be in accordance with this privacy notice).

7. Disclosures of your personal data

In accordance with the purposes set out above, we may share your personal data:

(a) with external third parties including:

• Service providers such as payment providers, hosting providers, survey providers, customer relationship management platforms who provide services to us.
• Professional advisers including lawyers, bankers, auditors and insurers based in the EU or UK who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.

(b) with third parties in connection with any sale, transfer or disposal of our business.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We put in place agreements with our third-party processors to ensure they do not use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

8. International transfers

In connection with our business your data may be transferred to service providers outside the European Economic Area (EEA) or UK, such as the US, that are subject to different standards of data protection. If this happens, we will take appropriate steps to ensure that transfers of personal data are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements / safeguards are in place to protect your privacy rights.

For further details refer to your legal rights

9. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

10. Data retention

How long will you use my personal data for?

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see request erasure for further information.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

11. Cookies

We use ephemeral cookies for session tracking and analytical cookies for anonymized and non anonymized traffic analysis.

12. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data:-

You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following circumstances: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• Obtain a copy of, or reference to, the safeguards under which your personal data is transferred outside the EEA or the United Kingdom. Please note that we may redact data transfer agreements to protect commercial terms.

If you wish to exercise any of the rights set out above, please contact us.

What we need from you

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances where permitted by law to do so.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Response times

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Third-party links

This Website may include links to third-party Websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.

13. Contact Details

Our full details are:

• Full name of legal entity:PortSwigger Ltd
• Email address:hello@portswigger.net
• Postal address:6 Booths Park, Chelford Road, Knutsford, United Kingdom,WA16 8ZS

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

We may update this privacy notice from time to time. Where changes are made, we will add a new version to our Website.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.