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Smartware Group Website Privacy Policy

Privacy Policy Terms Applicable to All Site Users

Welcome to www.bigfootcmms.com, the Website for Smartware Group (“SG” or “we”). We are committed to maintaining the privacy of information that you might share with us while visiting our Website and interacting with us online. This privacy policy and agreement (the “Privacy Policy” or “Policy”) covers how we collect, use, and treat any personal information that you provide through the www.bigfootcmms.com Website (the “Website”) and your agreement to such.

This Privacy Policy applies to all visitors to the Website (collectively, “Website Users” or “Users”), including (i) casual Website Users who visit the Website to learn more about our services (“General Visitors”); and (ii) registered users (“Registered Users”) to whom we have granted access to certain password-protected areas and features of our Website, such as our Customer Portal. The term “you” in this Policy means both General Users and Registered Users. Registered Users are subject to additional terms to which they agree when they sign up to use the Customer Portal.

  1. Your Consent

Please read this Privacy Policy carefully; when you consent to the Policy’s terms, it creates legal obligations on you and on SG. By accessing and using our Website, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it. If you do not agree with the terms of this Policy, please refrain from using our Website.

  1. Types of Information You May Provide

Information you may provide while visiting our Website falls into two broad categories: (i) personal information; and (ii) anonymous information. We use the term “Personal Information” to mean any information you provide to us via the Website that could reasonably be used to identify you, such as your name, address, e-mail address, birth date, telephone number, or any combination of such information that could be used to identify you. Personal Information also refers to any files, screenshots, or other information you upload to the Website. “Anonymous Information” is information that does not identify you, and may include, for example, statistical information concerning how you and other General Visitors use our Website.

  1. Our Uses of the Information You Provide

We use the information you provide to us via the Website only as provided in this Policy. First, we use the Personal Information you provide us via the Website for purposes of providing you information relating to SG, our products and services, for our administrative purposes, and for responding to requests you may make via our Website. We do not share your Personal Information with any third parties (except as provided in Section 6 (Disclosures to Third Parties) and Section 10 (Assignment or Transfer of Information You Provide)).

Specifically, we collect, or receive, information from General Visitors at different points on our Website, and use this information for purposes including, but not limited to, the following:

3.1       Registration. In order to access information, products, or services on the password-protected areas of our Website, we require that you provide certain information, such as (i) name; (ii) mailing address; (iii) e-mail address; and (iv) phone number. The registration process for certain portions of the Website may require a Registered User to provide additional Personal Information, as specified in the registration process. We use the information a Registered User provides during the registration process to provide him or her with a user name and a password, and to allow the Registered User to gain access to password-protected areas of the Website. We also use contact information Registered Users provide during the registration process as further detailed below.

3.2       E-mail Addresses. We use your e-mail address to send alerts, e-announcements, notifications, monthly newsletters, targeted mailings, and other communications concerning SG, the Bigfoot Software, and other information relating to our Website. In addition, we may use your e-mail address to invite you to events or functions that we believe may be of interest to you.

3.3       Responding to Requests. We may use your phone number and e-mail address to respond to requests made on our Website and to communicate information about our services.

  1. Anonymous Information

We use Anonymous Information to analyze and improve the effectiveness of our Website, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of General Visitors, and may share Anonymous Information with third parties for this purpose. We may collect Anonymous Information through features of the software that support our Website, through cookies, and through other means described below. The means described below are not exhaustive, and we reserve the right to use new technologies and other means to collect Anonymous Information.

4.1       IP Addresses; Logs. We may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer’s name, the type and version of your Web browser, referrer addresses, where the computer is routing from, and other generally accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other General Visitors in order to understand how our Website is being used, and for security and monitoring purposes.

4.2       Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your Web browser, however, in order for you to access certain personalized features of our services that we may make available.

4.3       Tags. We may use so-called “pixel tags,” which are small graphic images (also known as “Web beacons,” “single-pixel GIFs,” or “Web bugs”), to tell us what parts of our Website have been visited, to measure the effectiveness of searches customers perform on our Website, and for other purposes. Pixel tags also enable us to send e-mail messages in a format that you can read, and they inform us whether e-mail messages have been opened, to help ensure that our messages are of interest to our General Visitors and others. If any Personal Information is collected using such tools, it will be subject to the terms of this Privacy Policy.

4.4       Click-Throughs. We may send e-mail messages which use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our Web server before arriving at the destination Web page. We track this click-through data to help determine General Visitors’ interest in particular topics, and to measure the effectiveness of our customer communications.

  1. Relationship Between Information You Provide Via Our Website and Information You Provide Via Offline Sources

This Privacy Policy applies to information that you provide through the use of our Website. This Privacy Policy does not apply to information you provide to SG through other means.

  1. Disclosure to Third Parties

As an exception to the policies set out in Section 3 (Our Uses of the Information You Provide), we may disclose your Personal Information to third parties without your express consent in the following circumstances.

6.1       Website Vendors. We may employ other companies and contractors to perform functions on our behalf, such as maintaining the Website, providing services related to the Website, collecting information, responding to and sending electronic mail, or other functions related to our business and services. In order to obtain these services, we may need to share your Personal Information with these companies and contractors (collectively, “Website Vendors”). We obligate our Website Vendors to safeguard your Personal Information and refrain from using your Personal Information for any purpose other than the performance of services for us.

6.2       Questions of Harm. Except as provided in applicable Additional Privacy Terms, we may reveal your Personal Information on a case-by-case basis to attorneys, private investigator organizations, or law enforcement agencies if we believe (a) that you are in risk of harm from another, or (b) that you are harming or interfering (or will harm or interfere) with others, or are violating (either intentionally or unintentionally) our Website Terms of Use or are otherwise violating legal obligations or to otherwise enforce our rights.

6.3       Legal. We will reveal Personal Information to the extent required to do so by law.

6.4       Other. We may reveal Personal Information in the circumstances identified in Section 10 (Assignment or Transfer of Information You Provide) below.

  1. Removing Information

7.1       Deleting Information Provided Via Our Website. If you have provided us with Personal Information in connection with your use of our Website, upon your request, we will use commercially reasonable efforts to remove this Personal Information from our Website databases within a reasonable timeframe. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Website and any associated Website services. Furthermore, we reserve the right to retain any Personal Information necessary to enforce our rights under the Terms of Use or this Privacy Policy. You may not remove de-identified, anonymous, or aggregate data from our databases. If you are a Registered User, you may not require deletion of your information. If you reuse the Website following your request, the information collected will not be removed unless a subsequent request is made.

7.2       Limitations on Deleting Information. Please keep in mind that this Privacy Policy applies only to information provided through our Website, and does not apply to “Non-Website Information,” which is information SG obtains or is provided via other channels, such as public databases. Therefore, if we remove information from our Website databases in accordance with Section 7.1 (Deleting Information Provided Via Our Website), this will not remove Non-Website Information from our databases. We will retain this Non-Website Information in our databases, including Personal Information that may relate to our General Visitors, where applicable law permits us to retain the information.

  1. Disclaimers

SG does not promise that the Website will be error-free or uninterrupted, or that the Website will provide specific results from your use of any content, search, or link on the Website. SG DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE FUNCTIONALITY OR AVAILABILITY OF THE WEBSITE.

  1. Security

We have put in place technology designed to prevent unauthorized access to or disclosure of Personal Information you may provide to us. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and we hereby disclaim, to the extent permitted by law, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

  1. Assignment or Transfer of Information You Provide

In connection with the negotiation and consummation of a merger, acquisition, stock purchase, asset purchase, divestiture, or other corporate transaction, SG reserves the right to provide your Personal Information and to assign or transfer your Personal Information to third parties without your express consent.

  1. Notification of Changes

From time to time, we may change this Privacy Policy. We will post notice of the new Policy from the privacy link on our Website. By accessing and using our Website following such changes, you are acknowledging that you have read and understood this Privacy Policy, as changed, and agree to be legally bound by it. If you do not agree with the terms of this Policy, as changed, please refrain from continuing to use our Website.

  1. Relationship to Terms of Use and Other Contracts

This Privacy Policy must be read in conjunction with our Terms of Use, and the provisions of our Terms of Use are incorporated herein. To the extent the Terms of Use conflict with the terms of this Privacy Policy, the terms of this Privacy Policy control. Registered Users, however, may be subject to additional terms, policies, or licenses, which are not controlled by the Terms of Use or this Privacy Policy.

  1. Advisory: Participation by Children and Teens

Our Website is not directed at children; if you are under the age of 18, do not provide Personal Information to us.

  1. Effective Date

The effective date of this Privacy Policy is October 1st, 2015.