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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 securely process and store their critical information. We work hard to earn and maintain that trust.
Visitors and Customers are sometimes referred to herein as “you.” “Personal Information” means any information relating to an identified or identifiable natural person, i.e., one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity, including sensitive information as defined in the Choice Principle of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.
Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (either or both, as applicable, the “Privacy Shield”), SpringCM is responsible for the processing of Personal Information it receives from the EU and Switzerland, respectively, 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 (https://www.ftc.gov/). In certain situations, SpringCM 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 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 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.
SpringCM commits to cooperate with EU and Swiss data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU or Switzerland in the context of the employment relationship.
The information collected by SpringCM through our Site, our Services or our mobile applications, is not ordinarily acquired in a form or manner that reveals Personal Information. However, Personal Information and other data may be supplied to SpringCM by our Customers or Visitors, including contact information (such as name, address, telephone number, email 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 user’s device. However, you may disable the upload functionality so that the mobile application will not access the device’s photo album. Applications developed for the Apple iOS may require location services to be enabled on the user’s device in order for the mobile application to access and transmit the device’s location information for security reasons. SpringCM does not collect or store your location information. If you do not wish to enable location services in our mobile applications, you may disable it and still use the mobile application. 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 policies on their respective sites. SpringCM has no control over and no responsibility for the privacy policies and practices of those third parties.
SpringCM processes Personal Information (if any) contained within Customer Content solely as the Customer directs and controls through use of the software comprising 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.
The web servers used to operate our Site and Services collect certain data pertaining to the type of device and equipment and communications methods used to access the Internet and our Site and Services. This data 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 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.
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.
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 control, 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 email@example.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 firstname.lastname@example.org 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.
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.
With regard to Personal Information contained within Customer Content we process on behalf of Customers and as they instruct, please see the section below entitled, “Personal Information Contained Within Customer Content,” as the provisions below in this section do not apply to such information.
We communicate with our Customers on a regular basis via email, and we may also communicate by phone to resolve Customer complaints or investigate suspicious transactions. We may use your email 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. In addition, we are interested in maintaining the accuracy, completeness and currency of this information. To inquire regarding the content of any of your Personal Information or to request any modifications, please contact us at email@example.com or as otherwise described in the “Contact SpringCM” section below. We will make reasonable efforts to update your Personal Information per your request. Under any circumstances, the sender of any communications to SpringCM is responsible for the content and information contained therein, including its accuracy and truthfulness, and you agree that you will not knowingly provide to SpringCM any information which is inaccurate or which you do not have the legal right to provide.
Customers and Visitors may also ask us at any time to remove their contact information (name and email address) from our list of those who wish to receive email advertisements from SpringCM and our affiliated companies by simply sending such a request to firstname.lastname@example.org or as otherwise described in the “Contact SpringCM” section 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 a reasonable period not to exceed 45 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.
The Customer Content which SpringCM’s Customers may create, use, transmit, store and/or process using our Services may contain the Personal Information of individuals with whom SpringCM has no direct relationship. Our Customers determine and control how they use our Services. All such Customer Content is under the control of the applicable SpringCM Customer and the Customer is ultimately responsible to the individuals to whom the Personal Information relates.
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 our Services is encrypted. 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 data security system is impenetrable and SpringCM cannot and does not guarantee that information stored or processed using our Services will be 100% secure.
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, non-exclusive, transferable license to use, copy, modify, distribute and incorporate any and all of the foregoing Feedback into the SpringCM Services and/or any other products and services, and to re-sell, re-license and otherwise freely commercialize the Feedback and exercise any and all rights it deems useful or necessary with regard thereto, without limitation and without remuneration, attribution or liability to you.
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. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL SPRINGCM, ITS LICENSORS, EMPLOYEES, DIRECTORS, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON ANY ASPECT OF OR INFORMATION CONTAINED ON THIS SITE, WHETHER 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, IN EACH CASE REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SPRINGCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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:
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; Email: email@example.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:
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:
Upon receipt of a Counter Notification from the affected SpringCM Customer containing the information as outlined in 1 through 4 above, SpringCM shall:
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