V012510
Effective Date: This Privacy Policy was last updated on January 25, 2010 and is effective immediately.
This website is located generally at www.yieldsoftware.com and is the official website for Yield Software (the “Site”). This Site is owned and operated by Yield Software, Inc. (“Yield Software”).
Your privacy is very important to us. Because we gather certain types of personally identifiable information (“Personal Information” as defined below) from users who visit our Site, licensed subscribers of our services (”Subscribers”) and for various other operational and business purposes, we feel you should know how we collect, use, disclose, manage, and store the Personal Information that you may voluntarily provide us and the Personal Information that is collected passively through the use of cookies or image tags on our Site. This Privacy Policy is incorporated by reference in the Site’s Terms of Use Agreement, which is binding on all Site users. This Policy applies only to the Personal Information collected by Yield Software via the Site and does not govern any such information collected by any other company, unless specifically stated.
If you do not agree with this Privacy Policy, please do not participate in the online or off-line activities and services that require you to provide your Personal Information. (The type of Personal Information collected is listed below.) This Policy provides information regarding your choices to either Opt-out or Opt-in when your Personal Information is used for various promotional and marketing purposes by Yield Software, the Site, and/or our advertisers, sponsors, or promotional partners (collectively, “Advertisers”).
Residents of the State of California that have an established business relationship with a company that conducts business in California, under a new provision of the California Civil Code, have the right to request from that company a list of all third parties to which the company has disclosed Personal Information about the resident for direct marketing purposes during the preceding year. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of Personal Information by third parties (such as Advertisers) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.
This site qualifies for the alternative option; it has a comprehensive privacy policy and provides you with details on how you may Opt-out or Opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
If you are a California resident and have an established business relationship with us and want to receive information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). You may contact us in two ways. Send an email to our Privacy Administrator at privacy@yieldsoftware.com, or you may contact Yield Software at:
Yield Software, Inc.
Attn: Your California Privacy Rights
c/o Privacy Administrator
1700 South Amphlett Blvd., Suite 202
San Mateo, California 94402
For requests sent via email, you must put the statement “Your California Privacy Rights” in the subject field of your email. All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or not sent properly, or do not have complete information.To all other users of this Site, if you have other questions about this Privacy Policy, send an email to our Privacy Administrator at privacy@yieldsoftware.com, or you may contact Yield Software at:
Yield Software, Inc.
Attn: Privacy Administrator
1700 South Amphlett Blvd., Suite 202
San Mateo, California 94402
This Site is governed by and operated in accordance with the laws of the United States (”U.S.”). We make no representation that this Site is operated in accordance with the laws of other nations. Please be aware that any Personal Information you provide to us will be transferred to and processed in the U.S and/or other countries and subject to U.S. law. You expressly accept and give your unambiguous consent that your Personal Information gained in connection with your use of the Site may be transferred across international borders to servers located in the U.S. and/or other countries supporting the Site (including but not limited to transfers from those locations back to your country of residence). These international data transfers are for operating and developing the Site, including transfers to Yield Software’s third party operational service providers, subcontractors or agents (“Operational Service Providers”), who perform tasks related to the Site, or for the purposes of storing the data in the relevant database, which may be located in any jurisdictions in which Yield Software operates, including without limitation those outside of the European Union and/or outside the country where you originally entered the information. You further expressly accept and unambiguously consent to waive any claims that may arise under your own national laws.All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management, processing and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our Advertisers, or marketing companies. This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site and/or a Subscriber.We reserve the right to revise this Privacy Policy at any time by updating this document without advance notice to you. However, if you are a Subscriber or registered user, we will notify you via email of any material revisions. We will also post a notice on the homepage of this Site notifying all users of any other revisions to this Agreement. Such revisions shall be effective to you immediately upon notification and posting on the Site. Continued use of this Privacy Policy upon notice will indicate your affirmative consent to any changes. We encourage you to check this Privacy Policy often.
We use your Personal Information to provide you with the features, services, or goods you request, to respond to billing and/or other such questions related to Yield Software’s services offered through the Site and to notify you about updates and new features and services that may be of interest to you. (We explain below in the next section what our policy is for the collection, use and disclosure of Personal Information to third parties.)
We may also use your information for hiring, operational and business purposes, to find out how we can improve our services and your use of the Site via surveys or online tracking mechanisms, and to develop new services and features that may be of interest to you. We use aggregate Personal Information to help us to evaluate and modify existing services and features. We may also use aggregated or anonymous information about you or your website. This aggregated or anonymous information may be used by us, our products and our clients to improve the value of our products and services, or it may be published externally.
We will not sell, exchange, rent, lease or otherwise disclose your Personal Information or Sensitive Personal Information to third party marketers or any such persons that are not associated with Yield Software as Advertisers unless it is necessary to: 1) conform to regulatory and legal requirements or to comply with legal process; 2) to protect the safety and security of our users, employees, or property; 3) to defend the rights of the Site or Yield Software; or 4) to enforce the Terms of Use Agreement.
We may share your Personal Information with our subsidiaries, corporate parents, and affiliates primarily for business, operational, promotional and marketing purposes.
We reserve the right to collect Personal Information using any new technology yet to be developed and to use such technology to provide new services and features to you, as well as for marketing and promotional purposes.
For purposes of this Privacy Policy, “Personal Information” shall refer to the following: your name, company name, user ID, password, physical address, including city, and state, email address, telephone number, fax number, website address (i.e. URL), advertising account information, resume, suggestions, feedback, opt-in/opt-out preferences, industry, marketing budget, website content and other information about users who visit our Site and Subscribers of our services that are associated with their personally identifiable information. “Sensitive Personal Information” shall refer to the following: your social security number, driver’s license number or state identification card number, employee identification number, account number, credit or debit card number, with or without any required security code, access code or password that would permit access to an individual’s financial account, mother’s maiden name, passport number, or electronic or digitized signature.
Yield Software recognizes and appreciates the importance of responsible use of information collected on the Site and in connection with our services. Yield Software will respect your legal rights regarding access to, and correction and deletion of, your personal information. Yield Software may communicate information to you regarding products, services, and special offers available from Yield Software unless you have opted not to receive such communications or such communications are prohibited by law, although in such cases Yield Software may find it necessary to continue to communicate with you regarding your use of the Site and our services. In addition, you may receive communications and special offers from our Advertisers (or from Yield Software on behalf of such third parties) unless you have opted not to receive such communications. Except in the particular circumstances described in this Privacy Policy, Yield Software will not provide your Personal Information to other companies or organizations without your consent. If you have opted to receive email communications from our Advertisers and later wish to discontinue receipt of these emails, please contact those third parties directly to update your preferences.
We also provide you with an option to “Opt-out” of receiving advertising and promotional email from us in compliance with federal law by installing an Opt-out mechanism directly in any such email messages. You must use the designated method in the registration template or, if exercising this option after registration, click on the appropriate box in your user profile to notify us of your Opt-out request, as we cannot guarantee that other methods of notification will be effective or timely. Please be aware that we may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding contests you have entered or other transactions you have undertaken. By law, such messages are not considered to be commercial email.
It is also necessary that we share your Personal Information and Sensitive Personal Information with our Operational Service Providers, the third parties that provide us with support for our operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage, payment card processing and/or fulfillment of our services and other activities. You expressly accept and give your unambiguous consent that our Operational Service Providers may have access to your Personal Information that is needed for completing these tasks.
The use of cookies is an industry standard and they are currently used on most websites, including this Site. Cookies are a small text file containing a unique identification number that is transferred from a website server either to your browser or temporary storage of a user’s computer so that the website administrator or a third party Operational Service Provider may identify the computer and passively track the user’s activities on the website. Image tags work in conjunction with cookies and are small image files that may be located on select pages of our Site, or within web-based email newsletters that we may send. (Image tags are also called web beacons, web bugs, clear GIFs or single-pixel GIFs.) Tracking is important because we can better understand what parts of our website are used the most, when to launch new services and how to enhance current offerings. We may share the information we receive from cookies and image tags with third parties and our Advertisers in aggregate form, which means that such information generally does not contain specific Personal Information or Sensitive Personal Information about any one visitor. In short, cookies and image tags collect a user’s Internet protocols and server information. Such data files allow our Site to remember your web browser when you visit our Site and are necessary tools for quick and efficient access to areas of our Site. A cookie will not allow the Site to learn any Personal Information (such as your real name and email address) or Sensitive Personal Information that you have not otherwise disclosed.
You should be aware that cookies will be transferred to our Site’s visitors, our Subscribers, and to the browsers and computers of end users who visit the websites of our Subscribers (“End Users”). We require our Subscribers to notify End Users and visitors of their privacy practices, including this transfer of cookies. However, this Privacy Policy does not cover any use of Personal Information collected by our Subscribers.
You should also be aware that different rules might apply to the collection, use or disclosure of your Personal Information by our Subscribers and other third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of cookies and other technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your Personal Information. This Privacy Policy does not cover any use of Personal Information that a Subscriber, third party or Advertiser may collect from you. We encourage you to investigate and ask questions directly of them in this regard.
To provide the best customer service to our Users and Subscribers and to enhance our operations, we may also collect non-personal information, including but not limited to their Internet Protocol (IP) address, browser type, and traffic patterns. Without disclosure of Personal Information or Sensitive Personal Information about individual Users and Subscribers, we may provide aggregate statistics about our Users and Subscribers’ traffic patterns, non-personal information and related website information to our Advertisers, Operational Service Providers, reputable third party vendors or marketing companies.
This Privacy Policy does not cover third party advertising or third party content that may be present on the Site. This Site does not currently provide banner and general advertising from third parties, or other content provided by our Advertisers or Operational Service Providers, but may do so in the future. If this occurs, users will be able to purchase goods or services offered through, or otherwise participate in or send messages concerning such advertising, promotions or third party content offered through the Site. Such correspondence, transactions and agreements will be solely between the user and the Advertiser or the third party content provider and do not involve the Site. Also, Advertisers and such third party content providers may not have the same privacy policies that we do and you are encouraged to read their privacy policy first. (Also see our section called “Cookies and Image Tags”.)
This Site may provide links to third party websites that could be of interest to our users, including the websites of our Advertisers. Yield Software does not own or control these websites and therefore, is not responsible for the content, business practices, or operations of such websites. Third party websites linked on this Site may have different privacy policies and business practices than we do. The presence of a link to a third party website does not constitute or imply our endorsement, recommendation, or sponsorship of the third party content, goods, or services available through, or contained on, the Site. By use of this Site, you have agreed that you will use the hyperlinks to third party sites at your own risk.
We conduct the collection, management, maintenance and storage of website user information in a secure and commercially reasonable manner using acceptable industry standards of security technology and practices (such as electronic security systems and password protections) to protect against the loss, misuse or alteration of Personal Information. We also request that our Operational Service Providers take such precautions. The Site databases are accessible only by authorized personnel.
However, please note that when users transmit Personal Information over an unsecured Internet connection, the Site is not responsible for the security of that information during the transmission stage as your email or registration could be copied or intercepted by unknown third parties. We use a secured connection only for the collection of Sensitive Personal Information, which is necessary for the purchase of goods or services, but we do not use a secured connection for other types of activities. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.
Yield Software does not sell products or services for purchase by children. Yield Software does not knowingly solicit or collect Personal Information from children or teenagers under the age of thirteen. If you believe that a minor has disclosed Personal Information to Yield Software, please notify our Privacy Administrator at privacy@yieldsoftware.com to report this to us.
Generally, you may review, update or delete your Personal Information or Sensitive Personal Information collected by the Site by accessing your user profile. You may also correct factual inaccuracies. Note that we reserve the right to terminate or delete any subscription or entry if we believe the Personal Information submitted was knowingly false or fraudulent.
If you are not a Yield Software Subscriber or registered user, to review, update or delete your Personal Information or Sensitive Personal Information collected by the Site, please email the Site’s Privacy Administrator at privacy@yieldsoftware.com.
To have access to your Personal Information or Sensitive Personal Information, you must provide proof of identification such as full name, street address, city/state and zip code, user ID and password, and/or information about your recent activity on the website. We reserve the right to deny access to any user if we believe there is a question about your identity. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.
Yield Software, Inc.
1700 South Amphlett Blvd.
San Mateo, CA 94402
Twitter: YieldSoftware
© Copyright 2007-2010 Yield Software, Inc. All Rights Reserved.
