SpringCM Privacy Policy / Reporting Copyright ViolationsJump to Reporting Copyright ViolationsSpringCM Inc. (“SpringCM,” “us,” or “we”) is serious about protecting the privacy of the Personal Information of our Customers and Visitors, each as defined below. Our success is based on others entrusting their critical information to us. We work hard to earn and maintain that trust.This Privacy Policy applies to and describes our privacy practices regarding Personal Information collected from or provided by visitors to our website (“Visitors”) at www.springcm.com (the “Site”), and to Personal Information collected from or provided by customers who subscribe to use our services platform and associated products made available through our Site (“Customers”), including SpringCM mobile applications which may be made available through our Site and/or third party online marketplaces such as Apple’s App Store, Google Play and Amazon AppStore for Android (collectively, “Services”). It does not apply to any information collected offline or by any other means. By using the Site and/or our Services, you consent to the privacy practices of SpringCM and the other terms set forth in this Privacy Policy.Visitors and Customers are sometimes referred to herein as “you.” “Personal Information” means any information relating to an identified individual or which can reasonably be used to identify an individual, such as an individual’s name, address, e-mail address, and billing information. Personal Information does not include information that is encoded, encrypted or anonymized, publicly available information that has not been combined with non-public personally identifying information, or personally identifying information that may be contained in a Customer document or other data set uploaded by a Customer for storage and/or access using SpringCM’s Services. SpringCM maintains the confidentiality and security of each Customer’s data (“Customer Content”), which may contain Personal Information to the extent included therein by such Customer, pursuant to the applicable Master Subscription Agreement (“MSA”) between SpringCM and such Customer related to the Services which, in the event of any conflict or inconsistency with this Privacy Policy, shall govern.SpringCM has been awarded TRUSTe's Privacy Seal signifying that this Privacy Policy and SpringCM’s privacy practices have been reviewed by TRUSTe for compliance with TRUSTe’s Program Requirements and the TRUSTed Cloud Privacy Certification Program Requirements including transparency, accountability and choice regarding the collection and use of your Personal Information. The TRUSTe programs cover information collected through our Site and our Services. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our Privacy Policy or practices, please contact us at support@springcm.com. If you are not satisfied with our response you can contact TRUSTe here.SpringCM complies with the U.S. – E.U. Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Information from European Union member countries. SpringCM has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view SpringCM’s certification, please visit http://www.export.gov/safeharbor.Consent; Changes to Privacy PolicyPlease note that by using this Site, you consent to the collection and use of Personal Information by SpringCM and the authorized third parties described in the What Information Do We Collect And How We Use It and Information Sharing sections below.From time to time, SpringCM may change its privacy practices because of changes in applicable legal or regulatory requirements, the business or business practices of SpringCM or other reasons. Such changes shall become effective within thirty (30) days of the posting of a revised Privacy Policy on this Site. If we make material changes to this Privacy Policy, we will either notify you by e-mail or by means of a notice on this page and/or our home page prior to the change becoming effective. Your continued use of this Site following the effective date of such revised Privacy Policy will mean that you accept those changes.What Information Do We Collect And How We Use It?The information collected by SpringCM through our Site is not ordinarily acquired in a form or manner that permits the identification of an individual’s Personal Information by SpringCM. However, Personal Information may be supplied to SpringCM by our Customers or Visitors through the Site or our Services, including contact information (such as name, address, telephone number, e-mail address and company name), as well as billing information. We collect this information either to create an account for you, to fulfill your request for a demo, to subscribe you to our newsletters, to reply to your contact request, or to process billing. This information is generally entered into fields in a Customer Order Form or MSA and enables the Customer to take full advantage of the Services we offer. Should you inquire about or purchase any SpringCM Services utilizing the Site, the information that you supplied during this process may be used to track details about those purchases. In addition, when you download or use our mobile applications or other Services, we automatically collect information on the type of device you use, the operating system version and the device identifier.In our mobile applications, use of the upload functionality requires access to the photo album of the device. Applications developed for the Apple iOS require location services to be enabled for access to be granted. SpringCM does not collect or store your geo-location information. If you do not wish to enable location services in our mobile applications, you may use the application without the upload functionality or discontinue the use of the mobile application altogether.Information SharingWe will share your Personal Information with third parties only in the ways that are described in this Privacy Policy. We may share Personal Information with our affiliated companies who may use it to respond to your inquiries, process orders, assist us in providing Services or to help improve our Services. We may also share Personal Information with business partners, service vendors, authorized third-party agents or contractors in order to provide the Services or a requested transaction, including processing orders, processing credit card transactions, hosting websites, hosting demos, event and seminar registration and providing customer support, or providing you with information regarding Services that may be of interest to you and for other legitimate and lawful business purposes of SpringCM.We only provide these third parties with the minimum amount of Personal Information necessary for the authorized purpose and such third parties are not permitted to use your Personal Information for any other purpose. We do not sell or rent Personal Information to third parties for marketing purposes.Tracking TechnologiesAs with many other websites, the web servers used to operate the Site collect certain data pertaining to users and viewers of the Site and the equipment and communications methods used to access the Internet and the Site. This data does not contain or constitute Personal Information, as it does not readily identify the individual user. It does reveal such things as the Internet protocol (IP) address assigned to your computer, pages accessed on the Site or immediately prior to visiting the Site, and the length of time you spent at the Site. This information is collected, among other things, to facilitate Site operation and system administration, to generate aggregate, non-personally identifying statistical information, and to improve the performance of the Services made available on the Site.SpringCM may also retain the content of and metadata regarding any correspondence you may have with SpringCM or its customer service representatives, regardless of the mode of communication by which such correspondence was made. This information helps SpringCM to improve the Site and the content and Services offered on the Site, and to more effectively and efficiently respond to both current and future inquiries.CookiesSpringCM uses “cookies” (small text files stored on your computer) to help track and customize your access to and use of the Site. Cookies store and retain information that helps us recognize you on subsequent visits to the Site. Cookies may also store any login or ID assigned to you by SpringCM and the associated password, which information is stored in encrypted form. Most popular Internet browsers allow you to configure the browser so as not to accept cookies. However, setting the browser to reject cookies may prevent you from taking full advantage of the Site’s content and the Services available on the Site.Third Party TrackingOur third party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, and scripts that help them better manage content on our site. We do not tie the information gathered to our Customers’ or Visitors’ Personal Information.Flash CookiesSpringCM uses local shared objects, also known as Flash cookies, to display content based upon what you view on our Site to personalize your visit. Third parties, such as our business partners with whom we partner to provide certain features on our Site (e.g., our chat vendor) use Flash cookies to collect and store information.Flash cookies are different from browser cookies because of the amount, type, and method of data storage. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.We receive permission to post testimonials that include Personal Information prior to posting. If you have provided a testimonial and wish that it be removed from our Site, please contact us using the contact information below.Mobile Tracking TechnologiesWe do not use any tracking technologies or mobile analytics software within our mobile applications.Social Media WidgetsOur Site includes Social Media Features and Widgets such as the Share this button or interactive mini-programs that run on our Site. These Features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policies of the companies providing them.What Choices Do You Have? / Opting OutWe communicate with our Customers on a regular basis via e-mail, and we may also communicate by phone to resolve Customer complaints or investigate suspicious transactions. We may use your e-mail address to confirm your opening of an account, to send you notice of payments, or to send notices and other disclosures as required by law. Generally, Customers cannot opt out of informational communications relevant to their accounts.To keep your Personal Information accurate, complete, and current, please contact us via one of the methods specified below. We will make reasonable efforts to update your Personal Information that you submit. The sender of any communications to SpringCM is responsible for the content and information contained therein, including its accuracy and truthfulness.Customers and Visitors may also ask us at any time to remove their name from our list of Site users who wish to receive e-mail advertisements from SpringCM and our affiliates by simply sending such a request to us in writing at the contact information provided below. In addition, you may follow the unsubscribe instructions included in each promotional email. Once you opt out, we will honor your choice until you inform us otherwise. All requests made by Customers or Visitors to SpringCM to update or delete any Personal Information shall be responded to within 30 days.Notwithstanding anything else in this Privacy Policy, including any “opt out” instructions we receive from you, we may also disclose Personal Information without notifying you in the following circumstances: (i) in response to subpoenas, court orders or other legal process, or to establish or exercise our legal rights or defend against legal claims; (ii) when we believe it necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our MSA or other agreement with you, and/or to protect our rights and property or those of others with which we do business; (iii) when we sell, buy, merge or partner with other companies or businesses, where user information may be among the transferred assets or disclosed information; or (iv) to any other third party where we have your prior consent to do so.Data RetentionWe will retain your Personal Information for as long as your account is active or as needed to provide you Services if you are a Customer, or if you are a Visitor, for as long as we deem necessary for legitimate business purposes. If you wish to cancel your account or request that we no longer use your Personal Information to provide you Services, please contact us at support@springcm.com. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Personal Information no longer retained is disposed of or destroyed in a manner intended to prevent loss, theft, misuse, or unauthorized access.Personal Information Contained Within Customer Content Uploaded to the SpringCM Cloud Enterprise Content Management (ECM) PlatformSpringCM’s Customers using our Services may upload their Customer Content to the SpringCM Cloud Enterprise Content Management (ECM) platform or other SpringCM Services which may contain the Personal Information of individuals with whom SpringCM has no direct relationship. All such Customer Content is under the control of the applicable SpringCM Customer and the Customer is ultimately responsible to the individuals whose Personal Information it processes using service providers such as SpringCM.SpringCM works with its Customers to help them provide notice to their customers concerning the purposes for which they use our Services to process the Personal Information of their customers. If you are a customer of one of our Customers or other individual who seeks access to, or who seeks to correct, amend, or delete inaccurate Personal Information pertaining to you which you believe is processed by SpringCM, you should direct your inquiry to the applicable SpringCM Customer (the data controller), i.e., the party with which you have a direct relationship. If our Customer requests SpringCM to remove the data, we will respond to their request within 30 days.SpringCM will retain Personal Information we process on behalf of our Customers for as long as needed to provide our Services to our Customers. SpringCM will retain and use this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.How Do We Protect Your Information?SpringCM places a high value on the corporate and Personal Information entrusted to us. For this reason, we secure your Customer Content and Personal Information at three levels: physical, application, and network layers. The physical layer is protected by need-to-know authorization by only the appropriate operations individuals. Additionally, the servers are caged within a room protected by secure access procedures. The application layer is secured with VeriSign’s Site Trust 128 bit SSL encryption technology so all communication with the website is locked. The network layer is protected by industry-leading firewall technology and administered real-time to provide timely security patching. This layer is also monitored by intrusion-detection systems to determine unauthorized access. These safeguards are intended to protect Customer Content and Personal Information and to ensure the proper and legal use of the Site. However, no security system is impenetrable and no one can guarantee that any information will be totally secure.Linked SitesFor your convenience, some hyperlinks may be posted on the Site that link to other websites not under the control of SpringCM. We are not responsible for these other websites and this Privacy Policy does not apply to the privacy practices of those sites. In addition, when you initiate a transaction on a website that our Site links to, even if you reached that site through our Site, the information you submit to complete that transaction becomes subject to the privacy practices of the owner of that linked site. You should read their privacy policies to understand how they use and protect personally identifying information and other data that they collect. SpringCM is not responsible for the privacy, security or other information practices of its suppliers or any third party websites.Who Can You Contact For More Information?Please direct any questions, inquiries or complaints regarding our privacy practices or this Privacy Policy to SpringCM at support@springcm.com or by contacting our customer service line at 877-362-7273 or 312-881-2026. Our mailing address is:SpringCM Inc.Attn: Customer Support350 N. Orleans Street, Suite 900Chicago, IL 60654Telephone: 877-362-7273 or 312-881-2026Facsimile: 312-253-8215SuggestionsIn the event you provide SpringCM with any suggestions, enhancement requests, recommendations, product or services ideas for improvements, features or any other feedback, SpringCM shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate any and all of the foregoing into the SpringCM Services and/or any other products and services, and to re-sell, re-license and otherwise freely commercialize the foregoing without limitation and without remuneration, attribution or liability to you.DisclaimersIf you are a SpringCM Customer, your existing MSA with SpringCM governs your use of the SpringCM Services. With respect to all other users of this Site, the following shall apply, and your use of SpringCM’s Site constitutes your agreement to the following:SPRINGCM DOES NOT WARRANT THAT THIS SITE WILL MEET ANY USER’S REQUIREMENTS OR THAT ITS USE OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE. THIS WEB SITE AND THE INFORMATION AVAILABLE ON OR THROUGH IT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.IN NO EVENT SHALL SPRINGCM, ITS LICENSORS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF DATA, DELAYS, LOSS OF PROFIT, LOSS OF PRIVACY WITH RESPECT TO PERSONAL INFORMATION, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, BASED ON ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, WHETHER RELATING TO THIS SITE, THE SPRINGCM SERVICES OR OTHERWISE, EVEN IF SPRINGCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.Reporting Copyright Violations – Copyright Agent – Notice and Procedure for Notification of Claimed Copyright Infringement Pursuant to 17 U.S.C. Sec. 512 of the U.S. Copyright Lawhttp://www.copyright.gov/title17/92chap5.htmlIf you believe that your copyrighted work has been copied and is accessible on any network, service or product provided by SpringCM in a way that constitutes copyright infringement, you may notify us as described below. This procedure and the following information is provided exclusively for this purpose. Any other inquiries will not receive a response through this process.Please note that your notification must be in writing and contain substantially the following information to be effective:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SpringCM to locate the material.
- Information reasonably sufficient to permit SpringCM to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification must be submitted to SpringCM’s Designated Agent:SpringCM Inc.Attn: Greg Buchholz, Copyright Agent350 N. Orleans Street, Suite 900Chicago, IL 60654Telephone: (312) 881-2018Facsimile: (312) 253-8215E-mail: gbuchholz@springcm.comNote: By submitting your notification to SpringCM’s Designated Agent, you represent, under penalty of perjury, that the above information is accurate, that you are the copyright owner or are authorized to act on such person's behalf, and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. In addition, be advised that under U.S. Copyright law, 17 U.S.C. Sec. 512(f) [Misrepresentations], any person who knowingly materially misrepresents in the notification described above that material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, e.g., SpringCM, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material.Upon receipt by SpringCM’s Designated Agent of the required notification containing the information as outlined in 1 through 6 above, SpringCM shall take reasonable steps to:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to the alleged infringer (SpringCM subscriber);
- Promptly notify the SpringCM subscriber that SpringCM has removed or disabled access to the material.
Counter Notification: If you are affected by the aforementioned notification of claimed infringement, you may provide a counter notification to SpringCM. To be effective, a Counter Notification must be a written communication provided to SpringCM’s Designated Agent that includes substantially the following:
- A physical or electronic signature of the SpringCM subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the SpringCM subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The SpringCM subscriber's name, address, and telephone number, and a statement that the SpringCM subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the SpringCM subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the SpringCM subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification from the affected SpringCM subscriber containing the information as outlined in 1 through 4 above, SpringCM shall:
- Promptly provide you (the complaining party) with a copy of the Counter Notification;
- Inform you that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless SpringCM’s Designated Agent first receives notice from you, the complaining party who initially submitted the notification described above, that an action has been filed by you or on your behalf seeking a court order to restrain the SpringCM subscriber from engaging in infringing activity relating to the material on SpringCM’s system or network.
EndUpdated May 15, 2013
