UPDENTITY™ PRIVACY POLICY
1. Introduction
Updentity™ is a contact management solution that maintains and backs up the "Contact Information" (defined below) in your Updentity-serviced electronic address book. It also automatically updates your Contact Information if you elect use this functionality. Updentity’s mission is to allow its Users, with ease and simplicity, to optimize the value of their Contact Information by protecting against its loss and keeping it accurate, streamlined and up to date. Updentity works to accomplish this goal through the use of various methods including proprietary algorithms. Using Updentity requires sharing certain information about yourself and your contacts with Updentity.
This Privacy Policy ("Privacy Policy" or "Policy") sets forth the privacy principles and practices of Bashpole Software, Inc. (referred to as "Bashpole," "us," "our" or "we"), the owner and provider of the Updentity web Site, with respect to the Updentity web Site (the "Site") and related Updentity services (the "Services"). Capitalized and other terms used in this Policy have the definitions given them in the User Agreement, unless they are specifically defined in this Policy. This Privacy Policy applies to registered Updentity users and to non-registered visitors to the Site.
We employ the following practices to protect the privacy of Updentity Users (referred to individually as a "User," "you" or "your" and collectively as "Users"):
· We do not rent or sell "Your Personally Identifiable Information" (defined below) to third parties for any purpose.
· We do not provide to, or share with, third parties any of Your Personally Identifiable Information (other than information you have elected to post on the Site’s public forums or spaces such as the blog and User feedback areas), except on a limited basis as necessary to fulfill Services requested by you, unless we are compelled by law, or as necessary to enforce our User Agreement or protect the rights, property, or personal safety of Bashpole, Updentity, our Users, employees or the public.
· All information you provide will be protected with industry standard protocols and technology.
This Privacy Policy is incorporated by reference into and is part of, the User Agreement between us and each User. By accessing or using the Site, you acknowledge and agree that this Policy applies to you and all the information you provide through, or that is generated by your use of, the Site. If you disagree with any aspect of this Policy and do not want the principles and practices described in this Policy to apply to your information, then do not access or use the Site.
We reserve the right to change this Privacy Policy at any time. Changes, modifications, additions or deletions shall be effective immediately upon our providing notice thereof to our Users. We may provide this notice by e-mails to the e-mail addresses listed by registered Users or by posting the revised Policy on this page or by other means. It is your responsibility as a registered User to maintain a valid e-mail address and to review the Site and this Policy periodically to be aware of any modifications of this Policy. Your continued use of the Site after any modification will represent and confirm your acknowledgment and acceptance of the modified Policy and your agreement that it applies to you and all the information you provide through, or that is generated by your use of, the Site.
2. Definitions
As used in this Policy the following terms and phrases have the definitions set forth below:
"Contact Information" means the name, address, e-mail, phone number and other information contained in your electronic address book, which we upload when you authorize us to access your electronic address book in order to provide the Services. The uploaded Contact Information contains data that identify the persons in your address book.
"Non-Personally Identifiable Information" means information that does not by itself identify you or any other individual or individuals. This information is generated from your activity on the Site, but not based on the data you provide. For example, this information will include the address (or URL) of the web site from which you linked to the Updentity Site, the web site you link to when you leave the Site, the browser you are using and your internet protocol address.
"Regular User" means a User who elects to maintain and update his or her Contact Information through Updentity’s proprietary algorithms and/or any other methods that Updentity may offer.
"User Agreement" means the Updentity User Agreement between you and us, which became effective when you agreed to use or began using the Software or the Service, as such agreement may be amended or modified by us from time to time.
"Users" means Regular Users.
"Your Personally Identifiable Information" means the information you provide about yourself when you enter data in data fields in the Site requesting the specific information (for example, your name, e-mail address and credit card information), other than the information you submit to the public spaces of the Site, such as the Updentity blog, user feedback area and public forums. You submit Your Personally Identifiable Information to us when you engage in certain activities on the Site, such as registering to become a User or ordering a product or Service. Your Personally Identifiable Information, as such phrase is used in this Policy, does not include information that is contained in any contacts list or address book you provide to Updentity or allow Updentity to access. If you have an entry for yourself in your contacts list or address book, such entry and its contents is not considered to be part of Your Personally Identifiable Information, as this phrase is used in this Policy. Instead, such entry and its contents will be included in "Contact Information" (defined above) and will be processed as set forth in the User Agreement and this Policy.
3. How We May Use the Information We Collect from You
(a) Your Personally Identifiable Information. When you register for a free Updentity account or subscribe to one of our Services, you provide Your Personally Identifiable Information, such as your name, username, password, and e-mail address. Except as set forth in Section 8 of this Policy, we will only share Your Personally Identifiable Information with third parties to the extent necessary to carry out your instructions and provide any Services you may request. For example, we use Paypal to bill certain Users for, and collect, subscription fees. In order to do this, we provide certain of Your Personally Identifiable Information to PayPal. We will only do business with third parties who we believe maintain privacy policies and practices at least as protective of Your Personally Identifiable Information as ours.
(b) Contact Information. Updentity is not a social or professional networking service. Updentity does not solicit or contact individuals in your address book or provide the Contact Information derived from your address book to third party marketing groups. Unlike social media networks, Updentity’s policy is to not disclose to other Users or to third parties information about your contact list or address book, except as specifically described in this Policy. No single entry (i.e., person or contact) in this Contact Information, nor the whole collection of Contact Information in its entirety, nor any subgroup or portion of it will be identifiable by Users or other third parties as having been sourced from your address book. Further, the common trait shared by the entries in your Contact Information, which is that they are all included in your address book, will not be disclosed by Updentity or ascertainable by any other User of the Site or any third party.
(1) All Users. If you authorize us to access your electronic address book, Updentity will gather all the information from each of the contact entries in your address book and any other data that you may have expressly authorized us to gather through one of the Updentity Services. In order to grant Updentity access to your electronic address book, you provide Updentity with your e-mail account user name and password. We have implemented internal policies and procedures, including the use of industry standard protocols and technology, to protect the privacy and security of your user name, password and e-mails and prevent unauthorized access to your e-mail account. We store user account passwords in encrypted form and make sure that there are no direct and unauthorized access to the database.
Bashpole reserves the right to copy, prepare derivative works of, improve, remove, retain, add, process, analyze, use for its internal purposes and commercialize, in any way now known or in the future discovered, including in future modifications of the Software or the Service, any Contact Information submitted by Users, without any further consent, notice and/or compensation to you or to any third parties, provided that any such use shall be consistent with the privacy protections outlined in this Policy.
(2) Regular Users. Contact Information contained in the address books of Regular Users will not be disclosed to other Users or third parties, but may be retained and used by Updentity for internal purposes including maintaining data consistency, establishing relationships between contacts within the system, and for other "house-cleaning" purposes.
(c) User Comments and Feedback. You may elect to disclose certain personal and non-personal information through Updentity blog comments, Updentity public forums or User feedback. The information you submit in the Updentity blogs or public forums or User feedback is not confidential or private and Updentity does not protect it. All information you choose to provide on the forums or in the blog comments or User feedback, including information that identifies you and/or others, can be read, collected, or used by other Users of these forums and blogs, and other third parties, and could be used to send you unsolicited messages.
(d) Feedback through Livechat or E-mails. Any information you provide to Updentity through livechat or by e-mail may be used by Updentity to improve our product and User experience. Updentity will not rent, sell, or otherwise provide to third parties for marketing purposes the information that may identify you that we obtain through these means. Bashpole reserves the right to copy, prepare derivative works of, improve, remove, retain, add, process, analyze, use for its internal purposes and commercialize, in any way now known or in the future discovered, including in future modifications of the Software or the Service, any Contact Information submitted by Crowdsourcing Users, without any further consent, notice and/or compensation to you or to any third parties, provided that any such use shall be consistent with the privacy protections outlined in this Policy.[J1]
(e) Cookies. Like many web sites, we use "cookie" technology to collect additional usage data and to improve our Services. A cookie is a small data file that is transferred to your computer's hard disk. Updentity may use both session cookies and persistent cookies, as well as web log files, (1) to better understand how you interact with the Site and our Services, (2) to monitor aggregate usage by our Users and web traffic routing to and on our Site, (3) to improve our Services, (4) to track Site usage and trends, (5) to customize your experience on Updentity and (6) to deliver third-party advertising to Users both on and off the Site. In the course of serving advertisements to, or optimizing the Services for, our Users, we may allow authorized third parties to place or recognize unique cookies on your browser. Any information provided to third parties through cookies will not identify any User or otherwise provide any personally identifiable information. Updentity does not store Your Personally Identifiable Information in an unencrypted format in the cookies. Most internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies, to alert you when a cookie is being sent and/or to prompt you before accepting a cookie from the websites you visit, including the Site.
(f) Site Usage. We may collect information about the fact that you use certain features and functionality of Updentity, click on ads, or participate in research initiatives like polling and surveys on Updentity. We also may collect information regarding the method by which a user uses the service, how frequently a user performs different tasks, in what order tasks are performed, and how often a user logs into the system.
(g) Log Files, IP Addresses, and Information about Your Computer and Mobile Device. When you visit the Site we automatically receive the URL of the site from which you came and that of the site to which you are going when you leave Updentity. Updentity also receives the internet protocol address of your computer (or the proxy server you use to access the internet), your computer operating system and type of web browser you are using, e-mail patterns, your mobile device operating system (if you are accessing Updentity using a mobile device), as well as the name of your ISP and your mobile carrier. We use this information to analyze overall trends to help improve the Services. We do not provide or share the linkage between your IP address and Your Personally Identifiable Information with third parties without your permission, except as described in Section 8 of this Policy ("Compliance with Legal Process").
4. Potential Third Party Use of Certain Information
If you are a User, and you elect to disclose information through Updentity blog comments, Updentity public forums or User feedback, then this information (whether or not it contains elements identifying you or other persons) may be properly received by other Users and potentially third parties who are not Users. Under the User Agreement, certain improper uses by Users of information received through the Site or any Service may entitle the Company to terminate such Users’ User Agreement and access to the Site and Services. Bashpole will exercise its rights, if any, to terminate specific User Agreements in its sole discretion and makes no undertaking with respect to terminating or refraining from terminating any particular User Agreement under any particular circumstances. In any event, Bashpole may not be able to control how other Users and third parties may use information received through the Site or any Service. This Policy applies only to Bashpole’s (and not Updentity’s Users’) use of information provided by you through the Site or any Service. Bashpole disclaims any and all liability with respect to, and you hereby acknowledge and agree that Bashpole shall not be liable for, any claims, damages, injuries or harm arising out of any User’s use of information received through this Site or any Service.
5. Managing Your Account
(a) Accessing, Updating, and Changing Your Account Information. You can review Your Personally Identifiable Information and make any desired changes to that information and the settings for your Updentity account at any time by logging in to your account on the Site. After your request for a change is processed, Updentity may retain residual copies of the prior versions of your information in its archival copies of its database. We do not make conforming changes to your information in the archival copies of our database.
(b) Closing Your Account. You can close your account at any time through Updentity’s Customer Service. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain certain data contributed by you if Updentity believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated and Non-Personally Identifiable data, account recovery, or if required by law. E-mails sent to Customer Service as well as your User feedback and blog contributions or submissions may remain visible to others after you have closed your account. Updentity makes no undertaking, and hereby disclaims any responsibility, to either delete or retain any such information.
6. Your Obligations
As a User, you have the following obligations to Bashpole and to other Users:
· You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and User Agreement.
· You must not upload or otherwise disseminate any information that may be deemed to be injurious, violent, offensive, racist or xenophobic or otherwise unlawful or which may otherwise violate the purpose and spirit of Updentity.
· You must keep your Username and password confidential and not share them with others.
· You must not use your Updentity account on behalf of, or for the benefit of, a third party.
If you violate any of these obligations, Updentity may, in the exercise of its sole discretion, restrict, suspend or terminate your Updentity account and/or your access to the Site and/or the Services.
7. Children and Minors
Children are not eligible to use our Site or any Service and minors (under the age of 18) are not permitted to submit any information to us or use the Site or any Service.
8. Compliance with Legal Process
It is possible that we may need to disclose Your Personally Identifiable Information and/or information about your activities as an Updentity User when required by subpoena or other legal process, or if Updentity has a good faith belief that disclosure is necessary to (a) investigate, prevent or take action regarding suspected or actual illegal activities or to assist law enforcement agencies, (b) to enforce the User Agreement, (c) to investigate and defend ourselves against any third party claims or allegations, (d) to protect the security or integrity of the Site, and/or (e) to exercise or protect the rights, property, or personal safety of Bashpole, Updentity, our Users, employees or the public.
9. Security
Your Personally Identifiable Information will be secured with industry standard protocols and technology. In order to help secure Your Personally Identifiable Information and Contact Information, access to your data on Updentity is password-protected, and certain data (such as credit card information) is protected by SSL encryption when it is exchanged between your web browser and the Site. To protect any data we store on our servers, we also regularly audit our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to Updentity. We make no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, managerial or procedural safeguards. It is your responsibility to protect the security of your login information.
10. Questions and Other Correspondence
If you have any questions or comments regarding this Policy, please e-mail us at legal@updentity.com or contact us at:
Bashpole Software, Inc.
Attn: Updentity Privacy Policy Issues
541 S. 27th Street
Philadelphia, PA 19146
215-760-1613
8791 E. Wesley Lane