SpringCM Privacy Policy/Reporting Copyright Violations

    Changes were made to this Privacy Policy, effective 09/28/16.

    TRUSTe Privacy Certification     privacy_shield.png

    Jump to Reporting Copyright Violations

    Please note that by using this Site and/or our Services, you consent to the privacy practices of SpringCM and the other terms set forth in this Privacy Policy. If you do not agree, use of this Site is not permitted.

    SpringCM Inc. (“SpringCM,” “us” or “we”, or “our”) is serious about protecting the privacy of the Personal Information belonging to or submitted to us by our Customers and Visitors, each as defined below. Our success is based on the trust others place in us to process and store their critical information. We work hard to earn and maintain that trust.

    This Privacy Policy applies to and describes our privacy practices regarding Personal Information (as defined below) 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 (“Customers”) who subscribe to use our online hosted services platform and associated products made available through our Site, and SpringCM mobile applications (collectively, “Services”). Our mobile applications 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. This Privacy Policy does not apply to any information collected offline or by any other means, except as required under applicable law or the U.S.-Swiss Safe Harbor Framework or EU-U.S. Privacy Shield Framework.

    Visitors and Customers are sometimes referred to herein as “you.” “Personal Information” means any information relating to an individual which can reasonably be used to identify that individual, such as an individual’s name, address, or e-mail address. SpringCM maintains the confidentiality and security of each Customer’s data (“Customer Content”), which may contain Personal Information to the extent included therein by the Customer, pursuant to the applicable Master Subscription Agreement (“MSA”) between SpringCM and the Customer related to the Services. If you are a Customer, in the event of any conflict or inconsistency between the MSA and this Privacy Policy regarding Customer Content or otherwise and SpringCM’s liability to you, the MSA shall govern.

    Privacy Certification – Switzerland; EU

    U.S.-Swiss Safe Harbor Framework

    SpringCM participates in and has certified its compliance with the U.S.-Swiss Safe Harbor Framework regarding the collection, transfer, use and retention of Personal Information from Switzerland. SpringCM has certified that it adheres to the U.S.-Swiss Safe Harbor Privacy Principles of notice, choice, onward transfer, access, security, data integrity, and enforcement. To learn more about the U.S.-Swiss Safe Harbor program, please visit the U.S. Department of Commerce’s website at https://build.export.gov/main/safeharbor/swiss/eg_main_018519.  To view SpringCM’s certification, please see https://safeharbor.export.gov/swisslist.aspx.

    EU-U.S. Privacy Shield Framework

    SpringCM also participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework (the “Privacy Shield”) regarding the collection, transfer, use and retention of Personal Information from the EU.  SpringCM is committed to protecting the privacy of Personal Information received from the European Union in accordance with the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability.  To learn more about the Privacy Shield, please visit the U.S. Department of Commerce’s website at https://www.privacyshield.gov/welcome.  To view SpringCM’s certification, please see https://www.privacyshield.gov/list.

    Under the Privacy Shield, SpringCM is responsible for the processing of Personal Information it receives from the EU, and subsequently transfers to a third party acting as an agent on its behalf. SpringCM may be liable for the failure of such a third party to adhere to the Privacy Shield Principles, unless SpringCM proves that it is not responsible for the event giving rise to the damage.

    Pursuant to the Privacy Shield, SpringCM. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.  In certain situations, SpringCM, Inc. may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

    If SpringCM is processing or storing your Personal Information subject to the Privacy Shield on behalf of a Customer of SpringCM or otherwise, you have the right to access your Personal Information. If you have any privacy or data use questions or concerns, please contact us as described in the “Contact SpringCM” section below. SpringCM will respond within 45 days. If, despite our efforts, we have not addressed your privacy or data use concern satisfactorily, you may submit it to our U.S.-based third party dispute resolution provider, TRUSTe (free of charge) at https://feedback-form.truste.com/watchdog/request.  

    Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

    If you are an existing or prospective SpringCM Customer and wish to discuss SpringCM’s agreement to the E.U. Standard Clauses for data protection, please contact us as described in the “Contact SpringCM” section below.

    Consent; Changes to Privacy Policy

    As stated above, by using this Site, you consent to this Privacy Policy, including the collection and use of Personal Information by SpringCM and the authorized third parties described in the “What Information Do We Collect and How Do 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 Site’s 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. We encourage you to periodically review this page for the latest information on our privacy practices.

    What Information Do We Collect and How Do We Use It?

    The information collected by SpringCM through our Site is not ordinarily acquired in a form or manner that reveals Personal Information. 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). We may use this information to create an account for you, fulfill your request for a demo, subscribe you to our newsletters, reply to your contact request, process billing or to otherwise take action related to the purpose for which you supplied it. 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 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 may require location services to be enabled on the user’s device in order for the app to access location information for security reasons. 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. Be advised that when you download the SpringCM mobile application from Apple’s App Store, Google Play or Amazon AppStore for Android, the companies that make those sites available state their own privacy practices on their respective sites. SpringCM has no control over and no responsibility for the privacy practices of those third parties.

    SpringCM’s processing and use of Personal Information contained within Customer Content (as defined in an applicable MSA) transmitted by our Customers to SpringCM for processing using our Services, is limited to such processing and use as the Customer directs and controls through our Services. It generally will not be accessed by SpringCM except to the extent necessary in connection with addressing technical issues related to our Services, as instructed by the applicable Customer, as necessary to fulfill our contractual obligations to the Customer, or as otherwise required by law. Information Sharing

    SpringCM will not share with any third party any Personal Information contained within Customer Content.  Otherwise ,if we share your Personal Information with third parties, we will only do so in the ways that are described in this Privacy Policy or if you have provided your consent after notice. We may share Personal Information with our affiliated companies (those we control or which are under common control with us by a parent entity) 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 our Services or those of third parties 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 purpose not disclosed or authorized under this Privacy Policy or the privacy policy of the recipient, or for which you have not otherwise provided your consent. We do not sell Personal Information to third parties for marketing purposes.

    In all circumstances involving the onward transfer of Personal Information from Switzerland or the EU, SpringCM will adhere to principles of the U.S.-Swiss Safe Harbor Framework and the EU-U.S. Privacy Shield Framework, as applicable.

    Usage Data

    The web servers used to operate our Site collect certain data pertaining to the type of device and 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. We may combine this automatically collected log information with other information we collect about you or which you provide to us. We do this to improve the Site and our Services and to improve our marketing, analytics, and the functionality of our technology.

    SpringCM may also retain the content of and metadata regarding any correspondence you may have with SpringCM or its customer service representatives. This information helps SpringCM improve the Site and our Services, and more effectively and efficiently respond to both current and future inquiries.

    Tracking Technologies

    SpringCM and its partners use “cookies” (small text files stored on your computer), or similar technologies to help analyze trends, administer our Site, track users’ movements around the Site, and track and customize your access to and use of the Site and the Service. Cookies store and retain information that helps us recognize you on subsequent visits to the Site. Cookies may also store any login or ID and the associated password you use to access the Services, which information is stored in encrypted form. Most popular Internet browsers can be configured to reject cookies and delete those previously accepted. However, this may prevent you from taking full advantage of the Site’s content and the Services available on the Site. To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

    Behavioral Advertising

    We partner with third parties to either display advertising on our Site or to manage our advertising on other websites. Our third party partners may use technologies such as cookies tags and scripts, as described above, to gather information about your activities on our Site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish not to have this information used for the purpose of serving you interest-based ads, you may opt out by clicking here (or if located in the European Union click here). Please note that your browser must be set to accept cookies and not delete them upon closing it in order for these opt out services to work. These opt out services are not operated by SpringCM and SpringCM has and will have no responsibility or liability for their proper operation. Please also note that this does not opt you out of being served ads altogether. You will continue to receive generic ads.

    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 at support@springcm.com or as otherwise described in the “Contact SpringCM” section below.

    Our Site offers publicly accessible blogs or discussion forums. Please be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information or postings from our blog or discussion forums, please contact us at support@springcm.com or as otherwise described in the “Contact SpringCM” section below. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

    Mobile Tracking Technologies

    We use mobile analytics software to allow us to better understand how our Customers use our mobile applications to connect to their SpringCM accounts from their mobile phones (or other mobile devices). This software may record information such as how often you use the mobile applications, the events that occur within the applications, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any Personal Information you transmit using the mobile application.

    Social Media Widgets

    Our Site includes “social media features” and “widgets” such as the “Share This” button or interactive mini-programs that run on our Site. These features and widgets may collect your IP address, which page you are visiting on our Site, and may place a cookie on your device to enable them 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 and widgets are governed by the privacy policies of the companies providing them.

    What Choices Do You Have? / Opting Out

    We 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 notices regarding payments, or to send notices and other disclosures as required by law. Generally, Customers cannot opt out of informational communications relevant to their accounts.

    Upon request SpringCM will provide you with information about whether we hold or process any of your Personal Information on behalf of a third party.  To request this information please contact us at support@springcm.com or as otherwise described in the “Contact SpringCM” section below.

    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 affiliated companies 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 e-mail. 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 a reasonable period not to exceed 30 days. Please note that opting out of behavioral advertising, i.e., advertising based upon your browsing activities and interests, requires that you use the opt out methods described in the “Behavioral Advertising” section above.

    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 or license the Service (excluding usage rights granted to Customers during the normal course of business) as an asset, or in the event of a sale, merger, corporate reorganization or other business consolidation or similar transaction, where user information may be among the transferred assets or disclosed information (in which case you will be notified via e-mail or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information); or (iv) when we have your prior consent to do so.

    Data Retention

    Except to the extent prohibited by law, and subject to this Privacy Policy and the MSA, if you are a Customer, we will retain and use your Personal Information (including Personal Information contained within your Customer Content which we store and process on your behalf) for as long as your account is active, as needed to provide you the Services, to document our business relationship with you, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you are a Visitor, we will retain your Personal Information 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 or as otherwise described in the “Contact SpringCM” section. Personal Information no longer retained will be disposed of or destroyed in a reasonable manner intended to prevent loss, theft, misuse, or unauthorized access.

    Personal Information Contained Within Customer Content

    The Customer Content which SpringCM’s Customers may transmit, store or process using our Services 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 collects, uses, transmits, stores or processes using our Services.

    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 for one of our Customers, 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.  If you are subject to the protections of the Privacy Shield, you will have the rights described in the “EU-U.S. Privacy Shield Framework” section above.

    How Do We Protect Your Information?

    SpringCM recognizes that protecting the corporate and Personal Information entrusted to us by our Customers is essential to maintaining that trust. For this reason, we provide three layers of security for your Customer Content and Personal Information: physical, application, and network. The physical layer is protected by need-to-know authorization provided only to 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 Site 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 designed to detect unauthorized access. These safeguards are intended to protect Customer Content and Personal Information and to ensure, to the extent possible, 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 Sites

    For 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 personal information and other data that they collect. SpringCM is not responsible for the privacy, security or other information practices or any acts or omissions of its suppliers or any third party websites.

    Contact SpringCM

    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.  Additional contact information: SpringCM Inc., Attn: Customer Support, 180 North LaSalle Street, 6th Floor, Chicago, IL 60601; Telephone: (877) 362-7273 or (312) 881-2026; Facsimile: (312) 253-8215.

    Suggestions

    In the event you provide SpringCM with any suggestions, enhancement requests, recommendations, product or services ideas for improvements, features or any other feedback (collectively, “Feedback”), SpringCM shall have a royalty-free, worldwide, irrevocable, perpetual license to use, copy, modify, distribute 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 and exercise any and all rights it deems useful or necessary with regard thereto, without limitation and without remuneration, attribution or liability to you.

    Disclaimers

    If 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 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 CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING DAMAGES CONSISTING OF OR RESULTING FROM LOST PROFITS, COSTS OF DELAY, FAILURE OF DELIVERY, BUSINESS INTERRUPTION, LOSS, DAMAGE, DELETION, ALTERATION, DISCLOSURE, UNAUTHORIZED ACCESS TO OR FAILURE TO STORE DATA OR CUSTOMER CONTENT, NOR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF SPRINGCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    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 Law

    http://www.copyright.gov/title17/92chap5.html

    If 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:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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 Agent, 180 North LaSalle Street, 6th Floor, Chicago, IL 60601; Telephone: (312) 881-2018; Facsimile: (312) 253-8215; E-mail: gbuchholz@springcm.com.

    Note: 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:

    1. Remove or disable access to the material that is alleged to be infringing;
    2. Forward the written notification to the alleged infringer (SpringCM Customer);
    3. Promptly notify the SpringCM Customer 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:

    1. A physical or electronic signature of the SpringCM Customer.
    2. 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.
    3. A statement under penalty of perjury that the SpringCM Customer 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.
    4. The SpringCM Customer's name, address, and telephone number, and a statement that the SpringCM Customer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the SpringCM Customer's address is outside of the United States, for any judicial district in which the service provider may be found, and that the SpringCM Customer 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 Customer containing the information as outlined in 1 through 4 above, SpringCM shall:

    1. Promptly provide you (the complaining party) with a copy of the Counter Notification;
    2. Inform you that it will replace the removed material or cease disabling access to it within ten (10) business days;
    3. 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 Customer from engaging in infringing activity relating to the material on SpringCM’s system or network.

    Effective date of this version: September 28, 2016.

    Copyright © SpringCM Inc. All rights reserved.