Effective Date: May 4, 2017
By accessing and using the Services, you (“you” or “your”) acknowledge and agree that you accept the policies set forth in this Policy as a condition of your use of our Services. If your use of the Services is through or on behalf of an organization or corporate entity, you are agreeing to accept the policies set forth in this Policy on behalf of such organization or entity, and are representing to us that you are authorized to do so.
We do not and will not knowingly allow anyone under 13 years of age to provide us any personal identifying information. Users of the Services will be deemed to have full control over their products and user accounts, and must ensure that no children under the age of 13 use our Services in any manner which would provide us or any third party with any personal information of a child. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any personal information about a child under age 13, please contact us AT firstname.lastname@example.org and we will delete the information within a reasonable time, in accordance with this section.
Information We Collect
We collect and use the following information to provide, improve and protect our Services:
We may collect certain information that you specifically and intentionally provide to us. For example, when you create a user account with us, we may collect personal information about you such as your name, email address, phone or fax number, age, sex, physical address, and user account information, including your username, password, and user preferences. Additionally, as part of our Services, you may create a profile, and configure user preferences, which we will store. We may also collect financial information that you choose to share with us, such as your credit or debit card number, billing address, and other billing information. Other unique information that we may collect includes product and service preferences, contact preferences, educational and employment background, and job interest data. In some cases, your business contact data may be provided to Prooftag by a designated entity within your company (such as a member of your Purchasing/IT/Facility Management department).
We also may collect information that you do not specifically and intentionally provide to us. This includes your Internet Protocol (IP) address), Internet service provider, operating system, referring pages and exit destinations, language, the times and dates during which you use the services, and information about your interaction with our Services. If you use our Services through a mobile device, your device will be assigned a unique device identifier.
If you are a Party to this Policy by virtue of a separate commercial contract with us (a “Customer”) we may collect certain information about your products (the “Customer Products”) which you place the Tags on and authenticate. This includes the location of the Customer Products. For the Tags to collect this information, you must authenticate the Tags, as set forth in your agreement with us. We are not liable for any loss attributable to your failure to authenticate the Tags. We may store information about the Customer Products during and after the duration of your relationship as our Customer.
We also track your location when you use our mobile application. This application requires precise information about your location to function properly. If you elect not to allow the mobile application to collect this information, it may not function properly.
How We Collect Information
For example, a cookie is a string of information that a website saves on a visitor’s computer and that the visitor’s browser provides to the website operator each time the visitor returns. Using cookies allows us to ensure you have acknowledged this Policy, save and understand your preferences for future visits, and compile aggregate data so that we may improve our Services. You may set your browser to not accept cookies, but this may limit your experience with, and ability to use, the Services.
Data Retention; Managing Personal Information; Opt out Rights
We automatically retain the personal information collected in accordance with this Policy. This includes, at our discretion and without limitation, information about Customer Products for entities which are no longer our Customers. If you would like us to delete any data that you have willingly provided to us, please contact us at email@example.com and we will respond in a reasonable time. Please note that some data you willingly provide to us may be required for the Services, including without limitation the Application to function properly.
You can access, review and/or update your user profile and settings at www.prooftag.net, which will allow you to modify, update, or restrict access to certain information.
If you access the Services from France or another nation in the European Union, you have the right to access, correct, and oppose any information about you. If you wish to do this, please contact us at the email address provided above.
To provide you with the Services, we may store, process and transmit information in locations around the world – including those outside your country. This means that your data may be stored and processed in France or any other country in which Prooftag maintains facilities. Information may also be stored locally on the devices you use to access the Services. By using the Services, you consent to this transfer of your personal information, which may happen at the discretion of Prooftag.
Use and Disclosure of Information
We use the information that we collect for the express purpose of providing, operating, maintaining and improving the Services. This means that we use your personal information to provide you with the Services, and maintain their quality. Your information will not be sold, exchanged, transferred, or given to any other person or entity for any other reason whatsoever, without your consent, except as follows:
- We may provide your information to trusted third parties to help us provide, operate, maintain and improve the Services. These third parties will be required to use and protect your information in accordance with the terms of this Policy.
- We may use your information to help personalize your experience using the Services, or to otherwise provide you with the Services. This includes responding to any customer service or support requests you may have.
- If you are an individual user, we may provide our clients with your information in relation to the 2D code they have issued on the market. When this information is shared, it will not be shared in personally identifiable form, and will be limited to disclosures of location information, sex, age, and other anonymous data.
- We may use your information to keep you apprised of Prooftag’s latest product announcements, software updates, and upcoming events – however, you can opt out of receiving these messages at any time by updating your profile.
- We may also release certain information to our attorneys, accountants and professional advisors in order to help us comply with applicable laws, and to third parties as we deem necessary to enforce our website policies, or protect our rights, property, or safety, and/or the rights, property or safety of others.
- We may access, disclose, or use your personal information in order to (i) satisfy any applicable law, regulation, legal process or governmental request which we are subject to or, in the opinion of our professional advisers, may become subject to; (ii) enforce an end-user license agreement, including investigation of potential violations thereof; or (iii) detect, prevent or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam).
- If Prooftag is involved in a merger, acquisition, reorganization, or sale of all or substantially all of our assets, your information may be transferred as part of such transaction. In such event, we will notify you of any such transaction, and explain your options in such event.
California “Do Not Track” Disclosures
PROOFTAG DOES NOT HONOR “DO NOT TRACK ME” REQUESTS, ALTHOUGH INDIVIDUAL BROWSERS MAY EMPLOY SUCH POLICIES AND USERS CAN, THEREFORE, INVOKE SUCH MEASURES.
Information Collected By Third Parties
Prooftag may link to third party websites, applications, products and services, including, without limitation, social media platforms such as Facebook, Twitter, Google+ and LinkedIn.
Additionally, you may interact with other third parties, such as your mobile device manufacturer and internet service provider while accessing our Services. These third parties may have their own data collection policies and Prooftag is not responsible for their collection or use of your personal information. For more information about the manner in which these third parties process and use your personal data, please review their applicable privacy policies.
Prooftag uses reasonable security controls to protect your data and information from loss, misuse, unauthorized access, disclosure, alteration and destruction. The personal information you provide us is stored on computer systems located in controlled facilities which have limited access, and only carefully selected, authorized personnel have access to unencrypted user information. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
Enforcement and Dispute Resolution
If you have any questions, complaints or disputes regarding the manner in which we use or protect your information, please contact us using the contact information provided below. We will investigate and attempt to resolve any complaints and disputes in a reasonable time and in a manner that complies with the principles described in this Policy.
We want to address your concerns without a formal legal claim. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us in accordance with these Terms. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either you or Prooftag may begin formal legal action, subject to the terms of this Policy.
The validity, performance, construction, and interpretation of this Policy shall be governed by the laws of France. With respect to any disputes which cannot be resolved by our internal processes, you agree that jurisdiction for any legal action will be the commercial courts (the “Tribunal de Commerce”) located in Montauban, France. The parties hereby consent to the personal jurisdiction of such courts as described above.
In any legal action hereunder, the prevailing party shall be entitled to attorney’s fees and costs.
Changes to this Policy
Any questions or complaints about this Policy should be addressed to firstname.lastname@example.org.