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Upmanager.com Privacy Statement
Last updated: July 1, 2005 - 3:00 p.m. Central Time
DISCLAIMER: THIS PRIVACY STATEMENT IS ASSOCIATED WITH THE UPMANAGER SERVICES PROVIDED BY UPMANGER SOFTWARE, INC. ("UpManager"). BY REGISTERING YOUR INFORMATION WITH US YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE PROVISIONS OF THIS PRIVACY STATEMENT AND TO OUR TERMS OF SERVICE. UpManager respects your privacy and is committed to the protection of your personally and/or company identifiable information. This Privacy Statement has been designed to ensure that the privacy of the information we obtain in the normal course of providing our services is respected and maintained. On this page
What is the UpManager Service?The UpManager Service is an online managed service that allows individuals and organizations to collect and record communication and sales efforts with customers, thereby allowing these efforts to be processed in statistical reports to be used for potential improvement of customer relations and the allotment of control and analyses over these sales efforts.Back to Top What is Personally and/or Company Identifiable Information, and why does UpManager collect this information?Personally and/or Company Identifiable Information ("Profile Information") consists of information that can be associated with a specific individual or entity, or permits the individual or entity to be contacted either physically or online. Because UpManager is a web-based product, UpManager requires the use of company, first and last names, site IDs, billing and contact information, usernames, passwords and a valid email address. Therefore, at a minimum, we require such necessary information during the registration process. UpManager may collect and use this information for purposes including but not limited to the following:To provide and/or change service you request to purchase; To bill you, run credit checks, or to initiate debt collection; To provide you with Customer Service; To ensure that our website is customer friendly, informative and easy to access; To create new services that may be of interest to you; To protect our customers, employees or property (e.g., to investigate fraud, harassment or other types of illegal activity); To anticipate and resolve problems with your UpManager service; and To inform you of new products, promotions or other marketing initiatives. Typically, UpManager will provide you with a choice to opt out of our marketing activities. For more information see Section 7 below. Back to Top What information does UpManager gather/track and how is it collected and used?PERSONAL/COMPANY INFORMATION: Because of the nature of our product, we must collect Profile Information from users during the registration process, including (at minimum) first and last names, a valid email address, billing and contact information, and a password. UpManager collects Profile Information in various ways, such as over the phone, over the Internet (if you transact with us on-line), or when you complete an application form for one of the products or services that we offer or promote. UpManager collects Profile Information directly from you at the time when you apply for UpManager Services. UpManager may also collect Profile Information from third parties as required by but not limited to the purposes described in Section 2 above.We use the Profile Information collected to deliver services, process payments, update our records, communicate with you about products and services and generally maintain your accounts with us. Your email address may be used to send you periodic newsletters from UpManager, and it may be used by us on the behalf of third-party advertisers, but only upon your express consent. Because of our commitment to present the best possible product to all our users, we track the category of services selected by our individual users as well as all information pertaining to user satisfaction. To ensure the quality of our product, we reserve the right to maintain evaluation and feedback records. PARTNERS: In some cases we provide services or sell product lines jointly with other businesses. For these co-branded offerings in which a third party is involved in your transactions, we will sometimes share or jointly collect customer information related to those transactions with that third party. It is your sole responsibility and not the responsibility of UpManager for you to review and understand the privacy policies of any third party in relation to the UpManager Service. SESSION RECORDS: To maintain our quality of service and to assist in the analysis of product performance, we may also gather data on connection information, including but not limited to the time and bandwidth used during your use and access of the service. The gathered information is used only to ensure the highest quality experience possible for users of the UpManager Service. SECURITY INFORMATION: UpManager also collects certain standard information about your computer for security and identification purposes. This information may include: IP addresses, domain names, access times, cookies, and other uniquely identifying information of machines that use the UpManager Service. This information is used for the operation of the service, to identify and protect our customers and to control unauthorized use or abuse of our services. All information is encrypted during transmission to our servers. SURVEYS: In addition to required member information, we may conduct surveys and ask users to volunteer demographic information to be used on an aggregate basis for internal market research, presentation to advertisers and joint research projects with outside companies involved in product development. We use such information to better focus our product and personalize the scope of services offered to each individual user. Such information will not be passed to third parties without your prior consent unless where required by applicable law. TRAFFIC PATTERNS: We also track aggregate traffic patterns throughout our site. However, we do not correlate this information with personally identifiable data about individual users. We may track domain names, IP addresses, browser types, operating systems, screen resolutions, MIME types, and what content, products and services you look at when visiting our website. Such information will not be passed to third parties without your prior consent unless where required by applicable law. COOKIES: A cookie is a small data file that certain websites write to your hard drive when you visit them. We use cookies to track user traffic patterns and hold certain registration information. For users of UpManager Services or for those individuals that access UpManager's website or web-based tools via the Internet, UpManager may store information on your computer in the form of a cookie or similar file. When logging into UpManager websites, cookies may be used to store uniquely assigned user and/or site IDs that generated for administrative purposes and for the funtionality of the UpManager Service. These cookies enable you to enter the UpManager websites without having to type your site ID and user ID each time. We do not store passwords or any personally identifiable information about you in the cookies. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can still review the website if you choose to set your browser to refuse all cookies; however, you must enable cookies in order to establish an account and use the UpManager Service. UpManager may also track or join with partners with selected marketing companies to help us track the effectiveness of our website and generate visitor traffic, and as part of our referral program. When a partner refers a visitor to us from any of these websites, they send information regarding the user referred and the partner who initiated the referral to our website and/or services. No personally identifiable information specific to the actual website visitor is stored other than what is entered in the website forms for submission during the referral request. Back to Top Will UpManager disclose information to any third parties, and with whom does UpManager share the information?The information collected by UpManager will only be used internally at UpManager, subject to the limited circumstances listed below. Unless you give us your express consent, UpManager will not disclose your information to third parties who want to market products to you. When UpManager uses agents, contractors or other third parties to perform services on its behalf, and those third parties have access to any Profile Information, UpManager will require that those third parties are subject to a confidentiality agreement so that your information is protected.Moreover, UpManager products and services by necessity require us to provide some of your information to third parties. We may occasionally employ other companies to perform functions on our behalf. Examples include processing credit card and/or direct debit payments, sending postal mail and email, analyzing data and providing marketing assistance. They have access to Profile Information needed only to perform their functions and may not use it for any other purpose. Further, they must process Profile Information in accordance with this Privacy Statement. Also, in the event that UpManager or substantially all of its assets are acquired, customer Profile Information will be one of the transferred assets. Occasionally we send offers to select groups of UpManager customers on behalf of other businesses. When we do this, we do not share your personal information with the other businesses. Except in the limited instances as stated above, we will never voluntarily share personally identifiable information with any third party without the user's express consent or unless compelled by applicable state and federal laws. However, UpManager does not control the practices of our affiliates. If you have questions about how affiliates use the information gathered when you link to them, please read their privacy policies. Back to Top What are the Limited Circumstances under with UpManager will disclose Profile Information to Third Parties?UpManager may be required to disclose your Profile Information to comply with applicable law. For example, UpManager may be required to disclose certain information under a subpoena, a court order, or as required by a regulatory or administrative agency (e.g., in response to a customer complaint). Additionally UpManager may disclose this information if we, in good faith, believe that this information is necessary to identify, contact or bring legal action against individuals or entities who may be a threat to public safety or interfering with the Upmanager network, services or our customers.If UpManager decides to stop providing the UpManager Service or sell or transfer parts of its business to unaffiliated companies, UpManager will provide only that portion of your Profile Information that will allow these companies to offer you the same or similar services or as to accomplish our business objectives. Be assured that these unaffiliated companies will be bound by confidentiality requirements and will be obligated to keep UpManager customer information confidential. Back to Top How can I access, review, correct and update my Profile Information?UpManager will allow you to review or update the available Profile Information that UpManager received directly from you (not from any third parties) by accessing your account online, or by contacting UpManager at the address or telephone number listed in the "Contact Us" portion of this Privacy Statement below. In order to ensure your privacy is maintained, UpManager may ask for information to verify your identity prior to granting you access to your information.Furthermore, if you wish to change your Profile Information such as your email address and password, or your credit card and billing information, you can do so by managing your Site Account in the Settings Menu after logging into the UpManager Service. You can also change your email subscription status to receive our newsletter, email marketing communications and third-party promotions administered by UpManager. If you need assistance in updating your information, you may e-mail UpManager directly through the UpManager website at http://www.upmanager.com, then click on "Contact Us". Back to Top How can I opt out of UpManager's collection, use and distribution of my information?To change your email subscription status to receive or to stop receiving marketing communications or third-party promotions administered by UpManager or to opt out of UpManager's collection, use and distribution of your information, not including mandatory information as required by UpManager Services as stated above, please follow the unsubscribe/opt out instructions as set forth in your Site Account section of the UpManager website.Back to Top Is this Privacy Statement subject to change, and how will I know if UpManager makes changes to the Privacy Statement?UpManager reserves the right to change this Privacy Statement at any time. In the event that UpManager makes material changes to this policy, UpManager will post notice on our website notifying users of the change with the new effective date of the Privacy Statement, which is the listed revision date at the bottom of this Privacy Statement. You can find the most recent version of the UpManager Privacy Statement on the Internet at the hyperlink http://upmanager.com/help/privacy.aspx. Additionally, if we are going to use your Profile Information in a manner materially different from the current privacy statement in effect, we will notify you via email. You will have a choice as to whether or not you consent to the usage of your information in a different manner.Back to Top Does UpManager use any security measures to ensure the privacy of Profile Information, and how does UpManager protect Profile Information from loss, misuse or alteration?UpManager takes all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment accessed only by authorized persons, and UpManager uses industry-standard efforts to safeguard the confidentiality of Profile Information, including encryption, firewalls, and Secure Socket Layer ("SSL") software to provide secure sessions for our visitors.Furthermore, UpManager is not liable for loss of passwords due to user carelessness. If you lose control over your password, you may lose control over your Profile Information. If you believe your password has been compromised, we recommend that you immediately change your password. For information on how to do this, please see Section 4 above. Back to Top Who can I ask if I have additional questions or wish to submit a privacy complaint?For additional inquiries about the privacy of your information, you can contact UpManager as listed in the Contact Us portion of this Privacy Statement. Also, please submit any complaints about breaches of your privacy in writing by contacting UpManager at the address listed in the "Contact Us" portion of this Privacy Statement.Back to Top What about the protection of children?UpManager does not actively or knowingly collect any Profile Information from individuals under 18 years of age. Where appropriate, UpManager will instruct children not to submit such information to our website advertisements without the consent of a parent or guardian. If a parent or guardian is concerned that a child may have submitted Profile Information to UpManager without their consent, that parent or guardian may contact UpManager as listed in the "Contact Us" portion of this Privacy Statement and request that this information be removed from our files.Back to Top How do I contact UpManager?As previously described in this Privacy Statement, UpManager's Customer Service Department is available to assist you with any privacy concerns you may have, and we welcome your comments regarding this Privacy Statement. If you believe that UpManager has not adhered to thie Privacy Statement, please contact us electronically or via postal mail at the address provided below, and we will use commercially reasonable efforts to promptly determine and remedy the problem.Upmanager.com privacy UpManager Software, Inc. P.O. Box 641 Henderson, Texas 75653-0641 Back to Top |
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