Privacy Statement

Privacy Statement, effective as of January 1, 2014

Proscape Technologies, Inc. (“Proscape” or the “Company”) is committed to protecting the privacy of individuals who visit the Company’s Web sites (“Visitors”), individuals who register to use the Services as defined below (“Customers” and “Partners”), and individuals who register to attend the Company’s corporate events (“Attendees”). This Privacy Statement describes Proscape’s privacy practices in relation to the use of the Company’s Marketing App Cloud and the related applications and services offered by Proscape (the “Services”).

 

1. Web sites covered

This Privacy Statement covers the information practices of Web sites that link to this Privacy Statement, including: www.proscape.com; https://proscape1.force.com; (collectively referred to as “Proscape’s Web sites” or “the Company’s Web sites”).

This Privacy Statement applies to applications posted by Proscape on third party app stores and exchanges (Apple, Microsoft, Google, Salesforce.com) that link to this Privacy Statement.

Proscape Services enable Customers and Partners to create applications that run natively on the Proscape platform. When applications are posted by third parties, the privacy statement of the third party applies, and this Privacy Statement does not apply.

Proscape’s Web sites may contain links to other Web sites. The information practices or the content of such other Web sites is governed by the privacy statements of such other Web sites. The Company encourages you to review the privacy statements of other Web sites to understand their information practices.

 

2. Information Collected

When expressing an interest in obtaining additional information about the Services or registering to use the Services, Proscape requires you to provide the Company with personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”). When purchasing the Services, Proscape may require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”). Proscape may also ask you to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”). Required Contact Information, Billing Information, and Optional Information about Customers and Partners are referred to collectively as “Data About Proscape Customers”, “Data About Proscape Partners” or in the case of Attendees, “Data About Proscape Attendees”. As you navigate the Company’s Web sites, Proscape may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Company’s Web sites (such as the Web pages viewed and the links clicked).

 

3. Use of information collected

The Company uses Data About Proscape Customers and Data About Proscape Partners to perform the services requested. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the Services. The Company also uses Data About Proscape Attendees to plan and host corporate events, host online forums and social networks in which event attendees may participate, and to populate online profiles for Attendees on the Company’s Web sites. Additional information on the Company’s privacy practices with respect to Data About Proscape Attendees may be found in additional privacy statements on the event Web sites, as the case may be. The Company may also use Data About Proscape Customers, Data About Proscape Partners and Data About Proscape Attendees for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the Company, its affiliates, and its partners, such as information about promotions or events. Proscape uses credit card information solely to check the financial qualifications and collect payment from prospective Customers, Partners and Attendees. Proscape uses Web Site Navigational Information to operate and improve the Company’s Web sites. The Company may also use Web Site Navigational Information alone or in combination with Data About Proscape Customers, Data About Proscape Partners and Data About Proscape Attendees to provide personalized information about the Company.

 

4. Web Site Navigational Information

Cookies, Web Beacons and IP Addresses

Proscape uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate the Company’s Web sites (“Web Site Navigational Information”). This section describes the types of Web Site Navigational Information used on the Company’s Web sites and how this information may be used.

 

Cookies

Proscape uses cookies to make interactions with the Company’s Web sites easy and meaningful. When you visit one of the Company’s Web sites, Proscape’s servers send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself to Proscape, either by responding to a promotional offer, opening an account, or filling out a Web form (such as a “Contact Me” or a “Free Trial” Web form), you remain anonymous to the Company.

Proscape uses cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your Web browser’s ability to accept cookies, you will be able to navigate the Company’s Web sites, but you will not be able to successfully use the Services.

The following sets out how Proscape uses different categories of cookies and your options for managing cookies’ settings:

Required cookies

Required cookies enable you to navigate the Company’s Web sites and use its features, such as accessing secure areas of the Web sites and using Proscape Services.

If you have chosen to identify yourself to Proscape, the Company uses cookies containing encrypted information to allow the Company to uniquely identify you. Each time you log into the Services, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow the Company to uniquely identify you when you are logged into the Services and to process your online transactions and requests.

Because required cookies are essential to operate the Company’s Web sites and the Services, there is no option to opt out of these cookies.

Performance cookies

These cookies collect information about how Visitors use our Web site, including which pages visitors go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies a Visitor. All information these cookies collect is aggregated and anonymous. It is only used to improve how the Company’s Web site functions and performs.

From time-to-time, Proscape engages third parties to track and analyze usage and volume statistical information from individuals who visit the Company’s Web sites.

To learn how to opt out of performance cookies using your browser settings click here.

Functionality cookies

Functionality cookies allow the Company’s Web sites to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features.  These cookies also enable you to optimize your use of Proscape’s Services after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.

To learn how to opt out of functionality cookies using your browser settings click here. Note that opting out may impact the functionality you receive when visiting Proscape Web Sites.

Targeting or Advertising cookies

From time-to-time, Proscape engages third parties to track and analyze usage and volume statistical information from individuals who visit the Company’s Web sites.  Proscape sometimes uses cookies delivered by third parties to track the performance of Company advertisements.  For example, these cookies remember which browsers have visited the Company’s Web sites. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after the Company receives it.

Proscape also contracts with third-party advertising networks that collect IP addresses and other information from Web beacons (see below) on the Company’s Web sites, from emails, and on third-party Web sites. Ad networks follow your online activities over time by collecting Web Site Navigational Information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other Web sites. This process also helps us manage and track the effectiveness of our marketing efforts.

Third parties, with whom the Company partners to provide certain features on our Web sites or to display advertising based upon your Web browsing activity, use Flash cookies to collect and store information.

To learn more about these and other advertising networks and their opt out instructions, click here and here.

 

Web Beacons

Proscape uses Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of the Company’s Web sites and interaction with emails from the Company. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Web site tied to the Web beacon, and a description of a Web site tied to the Web beacon. For example, Proscape may place Web beacons in marketing emails that notify the Company when you click on a link in the email that directs you to one of the Company’s Web sites. Proscape uses Web beacons to operate and improve the Company’s Web sites and email communications.

 

IP Addresses

When you visit Proscape’s Web sites, the Company collects your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, Proscape uses IP addresses to monitor the regions from which Customers and Visitors navigate the Company’s Web sites. Proscape also collects IP addresses from Customers and Partners whey they log into the Services as part of the Company’s “Identity Confirmation” and “IP Range Restrictions” security features.

 

Social Media Features

The Company’s Web sites may use social media features, such as the Facebook ‘like’ button (“Social Media Features”). These features may collect your IP address and which page you are visiting on the Company’s Web site, and may set a cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about your activities on the Company’s Web site to a profile page of yours that is provided by a third party Social Media network in order to share with others within your network. Social Media Features are either hosted by a third party or hosted directly on the Company’s Web site. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features.

 

Do Not Track

Currently, various browsers – including Internet Explorer, Firefox, and Safari – offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites’ visited by the user about the user’s browser DNT preference setting. Proscape does not currently commit to responding to browsers’ DNT signals with respect to the Company’s Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. Proscape takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

 

5. Public forums, refer a friend, and customer and partner testimonials

Proscape may provide bulletin boards, blogs, or chat rooms on the Company’s Web sites. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Proscape is not responsible for the personal information you choose to submit in these forums.

Customers, Partners and Visitors may elect to use the Company’s referral program to inform friends about the Company’s Web sites. When using the referral program, the Company requests the friend’s name and email address. Proscape will automatically send the friend a one-time email inviting him or her to visit the Company’s Web sites. Proscape does not store this information.

Proscape posts a list of Customers and testimonials on the Company’s Web sites that contain information such as Customer names and titles. Proscape obtains the consent of each Customer prior to posting any information on such a list or posting testimonials.

 

6. Public forums, refer a friend, and customer and partner testimonials

 

Service Providers

Proscape may share Data About Proscape Customers, Data About Proscape Partners and Data About Proscape Attendees with the Company’s contracted service providers so that these service providers can provide services on our behalf. Without limiting the foregoing, Proscape may also share Data About Proscape Customers, Data About Proscape Partners and Data About Proscape Attendees with the Company’s service providers to ensure the quality of information provided, and with third-party social networking and media Web sites, such as Facebook, for marketing and advertising on those Web sites.

 

Business Partners

From time to time, Proscape may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from Proscape, the Company may share Data About Proscape Customers and Data About Proscape Partners collected in connection with your purchase or expression of interest with our joint promotion partner(s).

Proscape does not control our business partners’ use of the Data About Proscape Customers we collect, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.

Proscape does not share Data About Proscape Attendees with business partners unless: (1) you specifically opt in to such sharing via an event registration form; or (2) you attend a Company event and allow Proscape or any of its designees to scan your attendee badge. If you do not wish for your information to be shared in this manner, you may choose not to opt in via event registration forms and elect not to have your badge scanned at Company events.  If you choose to share your information with business partners in the manners described above, your information will be subject to the business partners’ respective privacy statements.

 

Third Parties

This Privacy Statement sets forth the information Proscape collects on the Company’s Web sites and the information we share with third parties. Proscape does not authorize the collection of personal information by third parties through advertising technologies deployed on the Company’s Web sites, nor do we share personal information with any third parties collected from the Company’s Web sites, except as provided in this Privacy Statement.

 

Billing

Proscape uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf.

 

Compelled Disclosure

Proscape reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process.

 

7. International transfer of information collected

The Company primarily stores Data About Proscape Customers, Data About Proscape Partners and Data About Proscape Attendees in the United States. To facilitate Proscape’s global operations, the Company may transfer and access such information from around the world, including from other countries in which the Company has operations. This Privacy Statement shall apply even if Proscape transfers Data About Proscape Customers, Data About Proscape Partners or Data About Proscape Attendees to other countries.

 

8. Communications preferences

Proscape offers Visitors, Customers, and Attendees who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails. Additionally, you can unsubscribe here.

 

9. Correcting and updating your information

Customers may update or change their registration information by editing their user or organization record. To update your information please contact support@proscape.com. Requests to access, change, or delete your information will be handled within 30 days.

 

10. Mobile applications

Without limiting the generality of this Privacy Statement, in addition to information gathered through its Web sites or submitted to its Services, Proscape may obtain information through applications (“Mobile Applications”) that Customers or Partners or their authorized individuals (“Users”) download to, and run on, their mobile devices (“Devices”). Mobile Applications provided by Proscape may obtain information from, or access data stored on, Users’ Devices to provide services related to the relevant Mobile Application. For example, a Mobile Application may: access a camera on a User’s Device to enable the User to upload photographs to the Services; access the call history on a User’s Device to enable the User to upload that information to the Services; access the geographic location of a User’s Device to enable record call locations; or access contact information on a User’s Device to enable the User to sync contact information between the information that is stored on the User’s Device and the information that is submitted to the Services. Information obtained to provide Mobile Application services may include information obtained in preparation for anticipated updates to those services. Mobile Applications may transmit information to and from Devices to provide the Mobile Application services.

Mobile Applications may provide Proscape with information related to Users’ use of the Mobile Application services, information regarding Users’ computer systems, and information regarding Users’ interaction with Mobile Applications, which Proscape may use to provide and improve the Mobile Application services. For example, all actions taken in a Mobile Application may be logged, along with associated information (such as the time of day when each action was taken). Proscape may also share anonymous data about these actions with third party providers of analytics services. In addition, if a User downloads a Proscape Mobile Application after clicking on a third-party mobile advertisement for the Mobile Application or for Proscape, the third-party advertiser may provide Proscape with certain information, such as the User’s Device identification information, which Proscape may use to track the performance of its advertising campaigns.

Customers may configure Proscape Mobile Application services, and the information accessed or obtained by the Mobile Application on a User’s Device may be affected by the Customer’s configuration. In addition, if a Customer purchases more than one Service from Proscape and its affiliates, a Mobile Application may be designed to interoperate with those Services; for instance, to provide a User with access to information from any or all of those Services or to provide information from a User’s Device to any or all of those Services. Information accessed or obtained by the Mobile Application on a User’s Device may be accessible to the Customer or Partner and its organization, depending on the intended functionality of the Mobile Application.

In addition to Mobile Applications offered by Proscape, the Company offers platforms for the creation of third-party Mobile Applications. Third parties may obtain information from, or access data stored on, Users’ Devices to provide services associated with any third-party Mobile Applications that Users download, install, use, or otherwise interact with over a Proscape platform. Proscape’s Mobile Applications may also contain links or integrations to other Mobile Applications provided by third parties. Third parties’ use of information collected through third-party Mobile Applications is governed by the privacy statements of such third parties. The Company encourages you to review the privacy statements of third-party providers of Mobile Applications to understand their information practices.

Notices and contractual terms related to a particular Mobile Application may be found in the End User License Agreement or relevant terms of service for that application. The Company encourages you to review the End User License Agreement or relevant terms of service related to any Mobile Applications you download, install, use, or otherwise interact with to understand that Mobile Application’s information practices. The Mobile Application’s access to information through a User’s Device does not cause that information to be “Customer Data” under Proscape’s Subscription Agreement with the Customer or under this Privacy Statement, except as follows: To the extent that a User uses a Mobile Application to submit electronic data and information to a Customer account on our Services pursuant to the Customer’s Subscription Agreement with Proscape (or a similar agreement that governs the Customer’s subscription(s) to Proscape’s Services), that information constitutes “Customer Data” as defined in such agreement, and the provisions of that agreement with respect to privacy and security of such data will apply.

 

11. Changes to this Privacy Statement

Proscape reserves the right to change this Privacy Statement.

 

12. Contacting us

Questions regarding this Privacy Statement or the information practices of the Company’s Web sites should be directed to Proscape Privacy by mailing Proscape Privacy, 5 Walnut Grove Drive, Horsham, PA 19044 USA.